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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Paperwork Reduction
Act Amendments of 1998''.
SEC. 2. FACILITATION OF COMPLIANCE WITH FEDERAL PAPERWORK REQUIREMENTS.
(a) Requirements Applicable to the Director of OMB.--Section
3504(c) of chapter 35 of title 44, United States Code (commonly
referred to as the ``Paperwork Reduction Act''), is amended--
(1) in paragraph (4), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (5), by striking the period and inserting
a semicolon; and
(3) by adding at the end the following new paragraphs:
``(6) publish in the Federal Register on an annual basis a
list of the requirements applicable to small-business concerns
(within the meaning of section 3 of the Small Business Act (15
U.S.C. 631 et seq.)) with respect to collection of information
by agencies, organized by North American Industrial
Classification System code and industrial/sector description
(as published by the Office of Management and Budget), with the
first such publication occurring not later than one year after
the date of the enactment of the Small Business Paperwork
Reduction Act Amendments of 1998; and
``(7) make available on the Internet, not later than one
year after the date of the enactment of such Act, the list of
requirements described in paragraph (6).''.
(b) Establishment of Agency Point of Contact; Suspension of Fines
for First-Time Paperwork Violations.--Section 3506 of such chapter is
amended by adding at the end the following new subsection:
``(i)(1) In addition to the requirements described in subsection
(c), each agency shall, with respect to the collection of information
and the control of paperwork--
``(A) establish one point of contact in the agency to act
as a liaison between the agency and small-business concerns
(within the meaning of section 3 of the Small Business Act (15
U.S.C. 631 et seq.)); and
``(B) in any case of a first-time violation by a small-
business concern of a requirement regarding collection of
information by the agency, provide that no civil fine shall be
imposed on the small-business concern unless, based on the
particular facts and circumstances regarding the violation--
``(i) the head of the agency determines that the
violation has caused actual serious harm to the public;
``(ii) the head of the agency determines that
failure to impose a civil fine would impede or
interfere with the detection of criminal activity;
``(iii) the violation is a violation of an internal
revenue law or a law concerning the assessment or
collection of any tax, debt, revenue, or receipt;
``(iv) the violation is not corrected on or before
the date that is six months after the date of receipt
by the small-business concern of notification of the
violation in writing from the agency; or
``(v) except as provided in paragraph (2), the head
of the agency determines that the violation presents an
imminent and substantial danger to the public health or
safety.
``(2)(A) In any case in which the head of an agency determines that
a first-time violation by a small-business concern of a requirement
regarding the collection of information presents an imminent and
substantial danger to the public health or safety, the head of the
agency may, notwithstanding paragraph (1)(B)(v), determine that a civil
fine should not be imposed on the small-business concern if the
violation is corrected within 24 hours of receipt of notice in writing
by the small-business concern of the violation.
``(B) In determining whether to provide a small-business concern
with 24 hours to correct a violation under subparagraph (A), the head
of the agency shall take into account all of the facts and
circumstances regarding the violation, including--
``(i) the nature and seriousness of the violation,
including whether the violation is technical or inadvertent or
involves willful or criminal conduct;
``(ii) whether the small-business concern has made a good
faith effort to comply with applicable laws, and to remedy the
violation within the shortest practicable period of time;
``(iii) the previous compliance history of the small-
business concern, including whether the small-business concern,
its owner or owners, or its principal officers have been
subject to past enforcement actions; and
``(iv) whether the small-business concern has obtained a
significant economic benefit from the violation.
``(3) In any case in which the head of the agency imposes a civil
fine on a small-business concern for a first-time violation of a
requirement regarding collection of information which the agency head
has determined presents an imminent and substantial danger to the
public health or safety, and does not provide the small-business
concern with 24 hours to correct the violation, the head of the agency
shall notify Congress regarding such determination not later than 60
days after the date that the civil fine is imposed by the agency.
``(4) Notwithstanding any other provision of law, no State may
impose a civil penalty on a small-business concern, in the case of a
first-time violation by the small-business concern of a requirement
regarding collection of information under Federal law, in a manner
inconsistent with the provisions of this subsection.''.
(c) Additional Reduction of Paperwork for Certain Small
Businesses.--Section 3506(c) of title 44, United States Code, is
amended--
(1) in paragraph (2)(B), by striking ``; and'' and
inserting a semicolon;
(2) in paragraph (3)(J), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(4) in addition to the requirements of this Act regarding
the reduction of paperwork for small-business concerns (within
the meaning of section 3 of the Small Business Act (15 U.S.C.
631 et seq.)), make efforts to further reduce the paperwork
burden for small-business concerns with fewer than 25
employees.''.
SEC. 3. ESTABLISHMENT OF TASK FORCE TO STUDY STREAMLINING OF PAPERWORK
REQUIREMENTS FOR SMALL-BUSINESS CONCERNS.
(a) In General.--Chapter 35 of title 44, United States Code, is
further amended by adding at the end the following new section:
``Sec. 3521. Establishment of task force on feasibility of streamlining
information collection requirements
``(a) There is hereby established a task force to study the
feasibility of streamlining requirements with respect to small-business
concerns regarding collection of information (in this section referred
to as the `task force').
``(b) The members of the task force shall be appointed by the
Director, and shall include the following:
``(1) At least two representatives of the Department of
Labor, including one representative of the Bureau of Labor
Statistics and one representative of the Occupational Safety
and Health Administration.
``(2) At least one representative of the Environmental
Protection Agency.
``(3) At least one representative of the Department of
Transportation.
``(4) At least one representative of the Office of Advocacy
of the Small Business Administration.
``(5) At least one representative of each of two agencies
other than the Department of Labor, the Environmental
Protection Agency, the Department of Transportation, and the
Small Business Administration.
``(c) The task force shall examine the feasibility of requiring
each agency to consolidate requirements regarding collections of
information with respect to small-business concerns, in order that each
small-business concern may submit all information required by the
agency--
``(1) to one point of contact in the agency;
``(2) in a single format, or using a single electronic
reporting system, with respect to the agency; and
``(3) on the same date.
``(d) Not later than one year after the date of the enactment of
the Small Business Paperwork Reduction Act Amendments of 1998, the task
force shall submit a report of its findings under subsection (c) to the
chairmen and ranking minority members of the Committee on Government
Reform and Oversight and the Committee on Small Business of the House
of Representatives, and the Committee on Governmental Affairs and the
Committee on Small Business of the Senate.
``(e) As used in this section, the term `small-business concern'
has the meaning given that term under section 3 of the Small Business
Act (15 U.S.C. 631 et seq.).''.
(b) Conforming Amendment.--The table of sections at the beginning
of such chapter is amended by adding at the end the following new item:
``3521. Establishment of task force on feasibility of streamlining
information collection requirements.''.
Passed the House of Representatives March 26, 1998.
Attest:
ROBIN H. CARLE,
Clerk. | Small Business Paperwork Reduction Act Amendments of 1998 - Amends the Paperwork Reduction Act to require the Director of the Office of Management and Budget to: (1) publish annually in the Federal Register a list of requirements applicable to small business concerns with respect to collection of information by agencies (requiring the first such publication within one year after enactment of this Act); and (2) make such list available on the Internet (again within one year after enactment). Requires each Federal agency, with respect to the collection of information and the control of paperwork, to establish one agency point of contact to act as a liaison with small businesses. Requires each such agency, in the case of a first-time information collection violation by a small business, to impose no civil fine on such business unless: (1) the head of the agency determines that the violation has caused actual serious harm to the public, or that failure to impose a fine would impede the detection of criminal activity, or presents an imminent and substantial danger to public health or safety; or (2) the violation concerns the collection of a tax or is not corrected within six months after violation notification. Authorizes each agency, if a violation presents an imminent and substantial danger to public health or safety, to impose no civil fine if the violation is corrected within 24 hours after violation notification, taking into account specified factors.
Prohibits a State from imposing a civil penalty on a small business for a first-time violation of Federal information collection requirements in a manner inconsistent with this Act.
Requires each agency to make efforts to further reduce the paperwork burden for small businesses with fewer than 25 employees.
Establishes a task force to study and report to specified congressional committee members on the feasibility of streamlining requirements with respect to small businesses regarding the collection of information. | {"src": "billsum_train", "title": "Small Business Paperwork Reduction Act Amendments of 1998"} | 1,997 | 396 | 0.661155 | 1.93201 | 0.784235 | 3.592179 | 5.310056 | 0.932961 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Combat Human Trafficking Act of
2014''.
SEC. 2. REDUCING DEMAND FOR SEX TRAFFICKING; LOWER MENS REA FOR SEX
TRAFFICKING OF UNDERAGE VICTIMS.
(a) Clarification of Range of Conduct Punished as Sex
Trafficking.--Section 1591 of title 18, United States Code, is
amended--
(1) in subsection (a)(1), by striking ``or maintains'' and
inserting ``maintains, patronizes, or solicits'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``or obtained''
and inserting ``obtained, patronized, or solicited'';
and
(B) in paragraph (2), by striking ``or obtained''
and inserting ``obtained, patronized, or solicited'';
and
(3) by striking subsection (c) and inserting the following:
``(c) In a prosecution under subsection (a)(1), the Government need
not prove that the defendant knew, or recklessly disregarded the fact,
that the person recruited, enticed, harbored, transported, provided,
obtained, maintained, patronized, or solicited had not attained the age
of 18 years.''.
(b) Definition Amended.--Section 103(10) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102(10)) is amended by striking ``or
obtaining'' and inserting ``obtaining, patronizing, or soliciting''.
(c) Minimum Period of Supervised Release for Conspiracy To Commit
Commercial Child Sex Trafficking.--Section 3583(k) of title 18, United
States Code, is amended by inserting ``1594(c),'' after ``1591,''.
SEC. 3. BUREAU OF JUSTICE STATISTICS REPORT ON STATE ENFORCEMENT OF SEX
TRAFFICKING PROHIBITIONS.
(a) Definitions.--In this section--
(1) the terms ``commercial sex act'', ``severe forms of
trafficking in persons'', ``State'', and ``Task Force'' have
the meanings given those terms in section 103 of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102);
(2) the term ``covered offense'' means the provision,
obtaining, patronizing, or soliciting of a commercial sex act
involving a person subject to severe forms of trafficking in
persons; and
(3) the term ``State law enforcement officer'' means any
officer, agent, or employee of a State authorized by law or by
a State government agency to engage in or supervise the
prevention, detection, investigation, or prosecution of any
violation of criminal law.
(b) Report.--The Director of the Bureau of Justice Statistics
shall--
(1) prepare an annual report on--
(A) the rates of--
(i) arrest of individuals by State law
enforcement officers for a covered offense;
(ii) prosecution (including specific
charges) of individuals in State court systems
for a covered offense; and
(iii) conviction of individuals in State
court systems for a covered offense; and
(B) sentences imposed on individuals convicted in
State court systems for a covered offense; and
(2) submit the annual report prepared under paragraph (1)
to--
(A) the Committee on the Judiciary of the House of
Representatives;
(B) the Committee on the Judiciary of the Senate;
(C) the Task Force;
(D) the Senior Policy Operating Group established
under section 105(g) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7103(g)); and
(E) the Attorney General.
SEC. 4. DEPARTMENT OF JUSTICE TRAINING AND POLICY.
(a) Definitions.--In this section--
(1) the terms ``commercial sex act'', ``severe forms of
trafficking in persons'', and ``State'' have the meanings given
those terms in section 103 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102);
(2) the term ``Federal law enforcement officer'' has the
meaning given the term in section 115 of title 18, United
States Code;
(3) the term ``local law enforcement officer'' means any
officer, agent, or employee of a unit of local government
authorized by law or by a local government agency to engage in
or supervise the prevention, detection, investigation, or
prosecution of any violation of criminal law; and
(4) the term ``State law enforcement officer'' means any
officer, agent, or employee of a State authorized by law or by
a State government agency to engage in or supervise the
prevention, detection, investigation, or prosecution of any
violation of criminal law.
(b) Training.--The Attorney General shall ensure that each anti-
human trafficking program operated by the Department of Justice,
including each anti-human trafficking training program for Federal,
State, or local law enforcement officers, includes technical training
on effective methods for investigating and prosecuting individuals who
obtain, patronize, or solicit a commercial sex act involving a person
subject to severe forms of trafficking in persons.
(c) Policy for Federal Law Enforcement Officers.--The Attorney
General shall ensure that Federal law enforcement officers are engaged
in activities, programs, or operations involving the detection,
investigation, and prosecution of individuals described in subsection
(b).
SEC. 5. WIRETAP AUTHORITY FOR HUMAN TRAFFICKING VIOLATIONS.
Section 2516 of title 18, United States Code, is amended--
(1) in paragraph (1)(c)--
(A) by inserting before ``section 1591'' the
following: ``section 1581 (peonage), section 1584
(involuntary servitude), section 1589 (forced labor),
section 1590 (trafficking with respect to peonage,
slavery, involuntary servitude, or forced labor),'';
and
(B) by inserting before ``section 1751'' the
following: ``section 1592 (unlawful conduct with
respect to documents in furtherance of trafficking,
peonage, slavery, involuntary servitude, or forced
labor),''; and
(2) in paragraph (2), by inserting ``human trafficking,
child sexual exploitation, child pornography production,''
after ``kidnapping,''.
SEC. 6. STRENGTHENING CRIME VICTIMS' RIGHTS.
(a) Notification of Plea Agreement or Other Agreement.--Section
3771(a) of title 18, United States Code, is amended by adding at the
end the following:
``(9) The right to be informed in a timely manner of any
plea agreement or deferred prosecution agreement.''.
(b) Appellate Review of Petitions Relating to Crime Victims'
Rights.--
(1) In general.--Section 3771(d)(3) of title 18, United
States Code, is amended by inserting after the fifth sentence
the following: ``In deciding such application, the court of
appeals shall apply ordinary standards of appellate review.''.
(2) Application.--The amendment made by paragraph (1) shall
apply with respect to any petition for a writ of mandamus filed
under section 3771(d)(3) of title 18, United States Code, that
is pending on the date of enactment of this Act. | Combat Human Trafficking Act of 2014 - Amends the federal criminal code, with respect to sex trafficking of children, to: (1) subject to criminal prosecution buyers, as well as sellers, of commercial sex involving sex trafficking victims; (2) provide that in prosecutions of sex trafficking crimes, the government is not required to prove that a sex trafficking defendant knew or recklessly disregarded the fact that a victim was under age 18; (3) equalize the period of supervised release for sex trafficking offenders convicted of conspiracy; (4) expand wiretap authority for investigating crimes related to sex trafficking, including slavery, involuntary servitude, and forced labor; (5) grant crime victims the right to be informed in a timely manner of any plea agreement or deferred prosecution agreement; and (6) require an appellate court to apply ordinary standards of review in reviewing appeals filed by crime victims. Requires the Director of Justice Statistics in the Department of Justice (DOJ) to prepare and report annually on: (1) the rates of arrests by state law enforcement officers for sex trafficking crimes involving buyers of commercial sex involving sex trafficking victims, and (2) prosecutions and convictions for such crimes in state courts. Directs the Attorney General to ensure that DOJ anti-human trafficking training programs, including programs for federal, state, or local law enforcement officers, include technical training on effective methods for investigating and prosecuting buyers of commercial sex involving sex trafficking victims. | {"src": "billsum_train", "title": "Combat Human Trafficking Act of 2014"} | 1,727 | 361 | 0.487205 | 1.418828 | 0.754923 | 2.66787 | 5.281588 | 0.870036 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Professional Boxing Safety Act''.
SEC. 2. DEFINITIONS.
For purposes of this Act--
(1) the term ``boxer'' means a person who participates in a
professional boxing match;
(2) the term ``manager'' means a person or business who
helps arrange professional boxing matches for a boxer, and who
serves as an advisor or representative of a boxer in a
professional capacity;
(3) the term ``professional boxing match'' means a boxing
contest held in the United States between individuals for
compensation or a prize, and does not include any amateur
boxing match;
(4) the term ``promoter'' means a person or business that
organizes, holds, advertises, or otherwise conducts a
professional boxing match; and
(5) the term ``State boxing commission'' means a State
agency with authority to regulate professional boxing;
SEC. 3. PURPOSE.
The purposes of this Act are--
(1) to improve and expand the system of safety precautions
that protects the welfare of professional boxers; and
(2) to assist State boxing commissions to provide proper
oversight for the professional boxing industry in the United
States.
SEC. 4. PROFESSIONAL BOXING MATCHES.
A professional boxing match may be held in the United States only
if--
(1) the State where the professional boxing match is to be
held--
(A) has a State boxing commission ; or
(B) has entered into an agreement with a State
boxing commission of another State;
to oversee the match and to regulate each of its boxing
matches; and
(2) the State boxing commission has established procedures
to carry out sections 5, 6, and 7.
SEC. 5. REGISTRATION.
(a) Requirement.--Each professional boxer shall register with--
(1) the State boxing commission of the State in which such
boxer resides;
(2) in the case of a boxer who is a resident of a State in
which there is no State boxing commission, the State boxing
commission described in section 4(1)(B); or
(3) in the case of a boxer from a foreign country, any
State that has a State boxing commission.
(b) Identification Card.--
(1) Issuance.--A State boxing commission shall issue to
each professional boxer who registers in accordance with
subsection (a), an identification card that contains--
(A) a recent photograph of the boxer;
(B) the social security number of the boxer (or, in
the case of a foreign boxer, any similar citizen
identification number or professional boxer number from
the country of residence of the boxer); and
(C) the personal identification numbers assigned to
the boxer by the boxing registries certified by the
Association of Boxing Commissioners.
(2) Renewal.--Each professional boxer shall renew his or
her identification card at least once every 3 years.
(3) Presentation.--Each professional boxer shall present
his or her identification card to the State boxing commission
not later than the time of the weigh-in for a professional
boxing match.
(c) Relation to State Law.--Nothing in this section shall be
construed as preventing a State from applying additional registration
requirements.
SEC. 6. REVIEW.
Each State boxing commission shall establish procedures--
(1) to evaluate the professional records of each boxer
participating in a boxing match in the State; and
(2) to ensure that no boxer is permitted to box while under
suspension from any State boxing commission for any reason,
including--
(A) a recent knockout, injury, or unfulfilled
requirement for a medical procedure;
(B) administrative reasons, such as failure to pay
a State fee or fine, or improper conduct;
(C) falsification of, or attempts to falsify,
official identification cards or documents;
(D) failure of a drug test;
(E) inadequate boxing skills, or the inability to
safely compete; and
(F) violation of Federal or State gaming laws.
SEC. 7. REPORTING.
(a) Boxing Match Results.--Not later than 48 business hours
(excluding Saturdays and Sundays) after the conclusion of a
professional boxing match, the results of such match shall be reported
to the professional boxing registries certified by the Association of
Boxing Commissioners (ABC) and to the Florida State Athletic
Commission.
(b) Suspensions.--Not later than 48 business hours (excluding
Saturdays and Sundays) after a State boxing commission orders the
suspension of a boxer, promoter, or manager, such suspension shall be
reported to the professional boxing registries certified by the
Association of Boxing Commissioners (ABC) and to the Florida State
Athletic Commission.
SEC. 8. ENFORCEMENT.
(a) Injunctions.--Whenever the United States Attorney in a State
has reasonable cause to believe that a person or entity is engaged in a
violation of this Act in such State, the United States Attorney may
bring a civil action in the appropriate district court of the United
States requesting such relief, including a permanent or temporary
injunction, restraining order, or other order, against the person or
entity, as the United States Attorney determines necessary to restrain
the person or entity from continuing to engage in, or to sanction, a
professional boxing match in violation of this Act.
(b) Criminal Penalties.--
(1) Managers and promoters.--Any manager or promoter who
knowingly and willfully violates any provision of this Act
shall be imprisoned for not more than 1 year or fined more than
$20,000, or both.
(2) Boxers.--Any professional boxer who knowingly and
willfully violates any provision of this Act shall be fined not
more than $1,000. | Professional Boxing Safety Act - Allows a professional boxing match to be held in the United States only if: (1) the State where the professional boxing match is to be held has a State boxing commission or has entered into an agreement with a State boxing commission of another State to oversee the match and to regulate each of its boxing matches; and (2) the State boxing commission has established procedures to carry out this Act.
Requires each professional boxer to register with: (1) the State boxing commission of the State in which such boxer resides; (2) the State boxing commission overseeing the boxing match if the boxer is a resident of a State in which there is no State boxing commission; and (3) any State that has a State boxing commission if the boxer is from a foreign country.
Requires a State boxing commission to issue an identification card to each registered professional boxer to be renewed by the boxer at least once every three years and to be presented to the State boxing commission by the time of the weigh-in for a professional boxing match.
States that nothing in this Act shall be construed as preventing a State from applying additional registration requirements.
Requires each State boxing commission to: (1) establish procedures to evaluate the professional records of each boxer participating in a boxing match in the State; and (2) ensure that no boxer is permitted to box while under suspension from any State boxing commission for any reason.
Requires the results of a professional boxing match and the suspension of a boxer, promoter, or manager ordered by a State boxing commission to be reported to the professional boxing registries certified by the Association of Boxing Commissioners and to the Florida State Athletic Commission within 48 business hours after the conclusion of such match or the suspension of such individuals.
Authorizes the U.S. Attorney to bring a civil action in U.S. district court requesting relief to restrain a person or entity from continuing to engage in, or to sanction, a professional boxing match in violation of this Act.
Imposes criminal penalties on managers, promoters, or professional boxers who knowingly and willfully violate this Act. | {"src": "billsum_train", "title": "Professional Boxing Safety Act"} | 1,304 | 483 | 0.762225 | 2.109954 | 0.867086 | 5.547215 | 2.847458 | 0.927361 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Educational Quality Index Act of
1994''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) cohort default rates alone do not indicate the quality
of an educational institution;
(2) for the purpose of evaluating performance of an
institution of higher education, the population which that
institution serves should be taken into account;
(3) schools whose students are from less affluent
backgrounds have more difficulty with cohort default rate
standards;
(4) use of the cohort default rates as a determinant for
participation in Federal student loan programs has kept
technical and vocational school operators from opening schools
in impoverished areas;
(5) many individuals living in impoverished areas have been
effectively denied an opportunity to access technical and
vocational higher education; and
(6) the performance of a technical or vocational
institution of higher education can be measured by objective
data concerning the outcome from the perspective of the
student.
SEC. 3. USE OF EDUCATIONAL QUALITY IN INSTITUTIONAL ELIGIBILITY FOR
GUARANTEED STUDENT LOAN PROGRAM.
Section 435(a) of the Higher Education Act of 1965 (20 U.S.C.
1085(a)) is amended--
(1) in paragraph (1), by striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (4)'';
(2) in paragraph (2), by striking ``An institution'' and
inserting ``Except as provided in paragraph (4), an
institution'';
(3) by adding at the end the following new paragraph:
``(4) Ineligibility based on educational quality index.--
``(A) Use of index in place of cohort default
rate.--A proprietary institution of higher education
(as such term is defined in section 481(b)) shall not
be subject to ineligibility determinations under
paragraph (2), but shall be subject to such
determinations on the basis of the educational quality
index prescribed under this paragraph.
``(B) Prescription of index.--The Secretary of
Education shall by regulation prescribe an educational
quality index for the purpose of evaluating the
programs of proprietary institutions of higher
education. Such index shall be equal to the sum of the
following component indexes:
``(i) A placement rate index which shall be
based on the percentage of students who are
employed in the field for which the institution
has trained them.
``(ii) A Pell grant eligibility index equal
to (I) the percentage of enrolled students who
are eligible for Pell grants, minus (II) the
national average percentage of students who are
so eligible at all institutions of higher
education, divided by (III) four.
``(iii) An index based on the institution's
cohort default rate (as determined under
subsection (m)).
``(iv) A successful completion index which
shall be based on graduation rates (as
determined for purposes of section
484(a)(1)(C)), or on certification or licensure
rates (if available).
``(C) Contents of regulations.--The regulations
prescribed by the Secretary under subparagraph (B)
shall--
``(i) define the minimum aggregate score
that an proprietary institution of higher
education must achieve, as a sum of the 4
indexes established under clauses (i), (ii),
and (iii) of such subparagraph, in order for
the institution to remain eligible to
participate in the programs under this part;
``(ii) provide that the weights to be
attributed to such 4 indexes for purposes of
aggregating such score shall require that, of
the maximum possible aggregate score--
``(I) 37.5 percent shall be
attributed to the index described in
subparagraph (B)(i);
``(II) 25 percent shall be
attributed to subparagraph (B)(ii);
``(III) 25 percent shall be
attributed to subparagraph (B)(iii);
and
``(IV) 12.5 percent shall be
attributed to subparagraph (B)(iv); and
``(iii) establish the procedures for the
determination of scores for individual
institutions, and for the resolution of
disputes concerning such scores.''.
SEC. 4. USE OF EDUCATIONAL QUALITY INDEX IN PROGRAM INTEGRITY REVIEWS.
(a) State Review Entity Criteria.--Section 494C(a)(1) of the Higher
Education Act of 1965 (20 U.S.C. 1099a-3(a)(1)) is amended by inserting
before the period the following: ``or, in the case of a proprietary
institution of higher education, an educational quality index score
that does not equal or exceed the minimum established by the Secretary
under section 435(a)(4)(B)(i)''.
(b) Program Review.--Section 498A(a)(2)(A) of such Act (20 U.S.C.
1099c-1(a)(2)(A)) is amended by inserting before the semicolon the
following: ``or, in the case of a proprietary institution of higher
education, an educational quality index score that does not equal or
exceed the minimum established by the Secretary under section
435(a)(4)(B)(i)''. | Educational Quality Index Act of 1994 - Amends the Higher Education Act of 1965 to substitute evaluations of educational quality for cohort default rates in eligibility determinations for proprietary institutions of higher education under the Federal student loan insurance program of the Federal Family Education Loan Program (guaranteed student loans).
Revises program integrity reviews provisions to include such educational quality index for proprietary institutions. | {"src": "billsum_train", "title": "Educational Quality Index Act of 1994"} | 1,174 | 78 | 0.551517 | 1.392234 | 1.129934 | 2.333333 | 15.014493 | 0.855072 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Disability and Victims
of Landmines, Civil Strife and Warfare Assistance Act of 2001''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) According to the World Health Organization (WHO),
between 7 percent and 10 percent of the world's population, or
almost 500,000,000 people, live with disabilities. About 80
percent of these individuals live in developing countries,
where only 1 percent to 2 percent have access to the necessary
rehabilitation services, and many face numerous physical and
social barriers that inhibit their full participation in their
communities.
(2) Factors contributing to the number of individuals with
disabilities include war and other forms of violence,
inadequate medical care, and natural and other disasters.
(3)(A) According to the International Committee of the Red
Cross, there are tens of millions of landmines in over 60
countries around the world, and it has estimated that as many
as 24,000 people are maimed or killed each year by landmines,
mostly civilians, resulting in amputations and disabilities of
various kinds.
(B) While the United States Government invests more than
$100,000,000 in mine action programs annually, including
funding for mine awareness and demining training programs, only
about ten percent of these funds go to directly aid landmine
victims.
(C) The Patrick Leahy War Victims Fund, administered by the
United States Agency for International Development, has
provided essential prosthetics and rehabilitation for landmine
and other war victims in developing countries who are disabled
and has provided long-term sustainable improvements in quality
of life for victims of civil strife and warfare, addressing
such issues as barrier-free accessibility, reduction of social
stigmatization, and increasing economic opportunities.
(D) Enhanced coordination is needed among Federal agencies
that carry out assistance programs in foreign countries for
victims of landmines and other victims of civil strife and
warfare to make better use of interagency expertise and
resources.
(4) According to a review of Poverty and Disability
commissioned by the World Bank, ``disabled people have lower
education and income levels than the rest of the population.
They are more likely to have incomes below poverty level than
the non-disabled population, and they are less likely to have
savings and other assets . . . [t]he links between poverty and
disability go two ways--not only does disability add to the
risk of poverty, but conditions of poverty add to the risk of
disability.''.
(5) Numerous international human rights conventions and
declarations recognize the need to protect the rights of
individuals regardless of their status, including those
individuals with disabilities, through the principles of
equality and non-discrimination.
(b) Purpose.--The purpose of this Act is to authorize assistance
for individuals with disabilities, including victims of landmines and
other victims of civil strife and warfare.
SEC. 3. INTERNATIONAL DISABILITIES AND WAR VICTIMS ASSISTANCE.
The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is
amended by inserting after section 134 the following:
``SEC. 135. INTERNATIONAL DISABILITIES AND WAR VICTIMS ASSISTANCE.
``(a) Authorization.--The President, acting through the
Administrator of the United States Agency for International
Development, is authorized to furnish assistance to individuals with
disabilities, including victims of civil strife and warfare, in foreign
countries.
``(b) Activities.--The programs established pursuant to subsection
(a) may include activities such as the following:
``(1) Development of local capacity to provide medical and
rehabilitation services for individuals with disabilities,
including victims of civil strife and warfare, in foreign
countries, such as--
``(A) support for and training of medical
professionals, including surgeons, nurses, and physical
therapists, to provide effective emergency and other
medical care and for the development of training
manuals relating to first aid and other medical
treatment;
``(B) support for sustainable prosthetic and
orthotic services; and
``(C) psychological and social rehabilitation of
such individuals, together with their families as
appropriate, for the reintegration of such individuals
into local communities.
``(2) Support for policy reform and advocacy efforts
related to the needs and abilities of individuals with
disabilities, including victims of civil strife and warfare.
``(3) Coordination of programs established pursuant to
subsection (a) with existing programs for individuals with
disabilities, including victims of civil strife and warfare.
``(4) Support for establishment of appropriate entities in
foreign countries to coordinate programs, projects, and
activities related to assistance for individuals with
disabilities, including victims of civil strife and warfare.
``(5) Support for primary, secondary, and vocational
education, public awareness and training programs and other
activities that help prevent war-related injuries and assist
individuals with disabilities, including victims of civil
strife and warfare, with their reintegration into society and
their ability to make sustained social and economic
contributions to society.
``(c) Priority.--To the maximum extent feasible, assistance under
this section shall be provided through nongovernmental organizations,
and, as appropriate, through governments to establish appropriate
norms, standards, and policies related to rehabilitation and issues
affecting individuals with disabilities, including victims of civil
strife and warfare.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $15,000,000 for each of the
fiscal years 2002 and 2003. Amounts appropriated pursuant to the
authorization of appropriations under the preceding sentence are
authorized to be provided notwithstanding any other provision of
law.''.
SEC. 4. RESEARCH, PREVENTION, AND ASSISTANCE RELATED TO INTERNATIONAL
DISABILITIES AND LANDMINE AND OTHER WAR VICTIMS.
(a) Authorization.--
(1) In general.--The Secretary of Health and Human
Services, acting through the Director of the Centers for
Disease Control and Prevention, is authorized--
(A) to conduct programs in foreign countries
related to individuals with disabilities, including
victims of landmines and other victims of civil strife
and warfare; and
(B) to provide grants to nongovernmental
organizations for the purpose of carrying out research,
prevention, public awareness and assistance programs in
foreign countries related to individuals with
disabilities, including victims of landmines and other
victims of civil strife and warfare.
(2) Approval of secretary of state.--Activities under
programs established pursuant to paragraph (1) may be carried
out in foreign countries only after consultation with the
Administrator of the United States Agency for International
Development, and upon approval for such activities in such
countries by the Secretary of State.
(b) Activities.--Programs established pursuant to subsection (a)
may include the following activities:
(1) Research on trauma, physical, psychological, and social
rehabilitation, and continuing medical care related to
individuals with disabilities, including victims of landmines
and other victims of civil strife and warfare, including--
(A) conducting research on psychological and social
factors that lead to successful recovery;
(B) developing, testing, and evaluating model
interventions that reduce post-traumatic stress and
promote health and well-being;
(C) developing basic instruction tools for initial
medical response to traumatic injuries; and
(D) developing basic instruction manuals for
patients and healthcare providers, including for
emergency and follow-up care, proper amputation
procedures, and reconstructive surgery.
(2) Facilitation of peer support networks for individuals
with disabilities, including victims of landmines and other
victims of civil strife and warfare, in foreign countries,
including--
(A) establishment of organizations at the local
level, administered by such individuals, to assess and
address the physical, psychological, economic and
social rehabilitation and other needs of such
individuals, together with their families as
appropriate, for the purpose of economic and social
reintegration into local communities; and
(B) training related to the implementation of such
peer support networks, including training of outreach
workers to assist in the establishment of organizations
such as those described in subparagraph (A) and
assistance to facilitate the use of the networks by
such individuals.
(3) Sharing of expertise from limb-loss and disability
research centers in the United States with similar centers and
facilities in war-affected countries, including promoting
increased health for individuals with limb loss and limb
deficiency and epidemiological research on secondary medical
conditions related to limb loss and limb deficiency.
(4) Developing a database of best practices to address the
needs of the war-related disabled through comprehensive
examination of support activities related to such disability
and access to medical care and supplies.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Health and Human Services to carry out
this section such sums as may be necessary for each of fiscal years
2002 through 2004.
SEC. 5. EXPERTISE OF THE DEPARTMENT OF VETERANS AFFAIRS.
The Secretary of Veterans Affairs is authorized--
(1) to provide advice and expertise on prosthetics,
orthotics, physical and psychological rehabilitation and
treatment, and disability assistance to other Federal
departments and agencies, including providing for temporary
assignment on a non-reimbursable basis of appropriate
Department of Veterans Affairs personnel, with respect to the
implementation of programs to provide assistance to victims of
landmines and other victims of civil strife and warfare in
foreign countries and landmine research and health-related
programs, including programs established pursuant to section
135 of the Foreign Assistance Act of 1961 (as added by section
3 of this Act) and programs established pursuant to section 4
of this Act; and
(2) to provide technical assistance to private voluntary
organizations on a reimbursable basis with respect to the
planning, development, operation, and evaluation of such
landmine assistance, research, and prevention programs.
SEC. 6. INTERAGENCY GROUP.
(a) Establishment.--The Secretary of State shall establish and
chair an interagency group to ensure coordination of all Federal
programs that furnish assistance to victims of landmines and other
victims of civil strife and warfare, and conduct landmine research,
demining and prevention programs.
(b) Other Members.--Members of the interagency group shall include,
but not be limited to, representatives from--
(1) the United States Agency for International Development;
(2) the Department of Health and Human Services;
(3) the Department of Education;
(4) the Department of Defense; and
(5) the Department of Veterans Affairs.
(c) Public Meetings.--At least once each calendar year, the
interagency group should hold a public meeting in order to afford an
opportunity for any person to present views regarding the activities of
the United States Government with respect to assistance to victims of
landmines and other victims of civil strife and warfare and related
programs. The Secretary of State shall maintain a record of each
meeting and shall make the record available to the public. | International Disability and Victims of Landmines, Civil Strife and Warfare Assistance Act of 2001 - Amends the Foreign Assistance Act of 1961 to authorize the President to furnish assistance to individuals with disabilities, including victims of civil strife and warfare, in foreign countries. Authorizes appropriations.(Sec. 4) Authorizes the Secretary of Health and Human Services, upon approval by the Secretary of State, to conduct programs (including the provision of grants to nongovernmental organizations for the purpose of carrying out research, prevention, public awareness, and assistance programs) in foreign countries related to individuals with disabilities, including victims of landmines and other victims of civil strife and warfare. Authorizes appropriations.(Sec. 5) Authorizes the Secretary of Veterans Affairs to provide: (1) advice and expertise on prosthetics, orthotics, physical and psychological rehabilitation and treatment, and disability assistance to other Federal agencies with respect to the implementation of programs to provide assistance to victims of landmines and other victims of civil strife and warfare in foreign countries and landmine research and health-related programs; and (2) technical assistance to private voluntary organizations with respect to the planning, development, operation, and evaluation of such landmine assistance, research, and prevention programs.(Sec. 6) Directs the Secretary of State to establish and chair an interagency group to coordinate all Federal programs that furnish assistance to victims of landmines and other victims of civil strife and warfare, and conduct landmine research, demining and prevention programs. Requires the interagency group to hold an annual public meeting to afford persons the opportunity to present views regarding to U.S. Government activities with respect to assistance to victims of landmines and other victims of civil strife and warfare and related programs. | {"src": "billsum_train", "title": "To authorize assistance for individuals with disabilities in foreign countries, including victims of landmines and other victims of civil strife and warfare, and for other purposes."} | 2,394 | 387 | 0.611394 | 2.256052 | 0.763681 | 6.207006 | 7.152866 | 0.958599 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Science of Stem Cell Research Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) President George W. Bush, after much thoughtful
consideration, decided to move forward with Federal funding for
human embryonic stem cell research on existing stem cell lines.
(2) President George W. Bush established the President's
Council on Bioethics, which advises the President on the
ethical significance of emerging biomedical science and
technology.
(3) The principal mission of the President's Council on
Bioethics is to explore the ethical issues connected with
advances in biotechnology.
(4) Advances in biomedicine are guiding scientists to
improved medical treatments for people suffering from many
debilitating and life-threatening diseases and injuries, such
as Parkinson's disease, juvenile diabetes, and spinal cord
injuries.
(5) The advancement of science is paramount in the
alleviation and eradication of diseases and other medical
disorders.
(6) There are a finite number of human embryonic stem cell
lines designated on the Human Embryonic Stem Cell Registry of
the National Institutes of Health. These lines will provide
much opportunity for researching the potential of embryonic
stem cells. However, this number of lines may not be enough to
meet the Nation's research needs.
(7) Federal funds are crucial for researchers to proceed
with stem cell research and technologies.
(8) The ability to use pluripotent stem cells derived from
human embryos provides an opportunity for doctors to learn to
generate specialized cells that are destroyed or damaged by
diseases or disabilities, such as the dopamine-producing cells
that are degenerated in Parkinson's disease and the insulin-
producing cells that are impaired in diabetes.
(9) Pluripotent stem cell research could lead to vastly
improved treatments or cures for AIDS, Alzheimer's disease,
anemia, arthritis, birth defects, blindness, brain injury,
cancer, deafness, diabetes, heart disease, kidney disease,
liver disease, Lou Gehrig's disease, lung disease, multiple
sclerosis, muscular dystrophy, Parkinson's disease, severe
burns, sickle cell anemia, spinal cord injury, and stroke, and
could also lead to improved success of organ transplantation.
(10) Federal funding through the National Institutes of
Health ensures that research will be conducted in accordance
with the highest scientific and ethical standards.
(11) According to the National Academy of Sciences:
(A) Current scientific data indicate that there are
important biological differences between adult and
embryonic stem cells and among adult stem cells found
in different types of tissue. The therapeutic
implications of these biological differences are not
clear, and additional scientific data are needed on all
stem cell types.
(B) Over time all cell lines in tissue culture
change, typically accumulating harmful genetic
mutations. Most existing stem cell lines have been
cultured in the presence of nonhuman cells or serums
that could lead to potential human health risks.
Changing genetic and biological properties of these
stem cell lines necessitate continued monitoring as
well as the development of new stem cell lines in the
future.
(C) Human stem cell research that is publicly
funded and conducted under the established standards of
open scientific exchange, peer review, and public
oversight offers the most efficient and responsible
means to fulfill the promise of stem cells to meet the
need for regenerative medical therapies.
SEC. 3. ESTABLISHMENT.
There is established in the legislative branch a bipartisan
commission to be known as the Stem Cell Research Board (in this Act
referred to as the ``Board'').
SEC. 4. DUTIES.
(a) Research.--The Board shall conduct research on the following:
(1) The effects, whether positive or negative, of the
President's August 9, 2001, stem cell research directive, on
the following:
(A) The progress of advances in curing or
remediating diseases or other medical conditions,
including AIDS, Alzheimer's disease, anemia, arthritis,
birth defects, blindness, brain injury, cancer,
deafness, diabetes, heart disease, kidney disease,
liver disease, Lou Gehrig's disease, lung disease,
multiple sclerosis, muscular dystrophy, Parkinson's
disease, severe burns, sickle cell anemia, spinal cord
injury, and stroke.
(B) The progress of improvements in successful
organ transplantation.
(C) The development of any medical technology,
including any halt or delay in such development.
(D) Basic scientific research.
(2) The effect of limiting Federal funding on the private
stem cell research sector.
(3) All aspects of the funding process of the National
Institutes of Health for human adult and embryonic stem cell
research.
(b) Recommendations.--In reports submitted under section 9, the
Board shall make recommendations to the Congress on any legislation
needed to reduce any inefficiencies in Federal funding of human
embryonic stem cell research or to facilitate a more timely
implementation of such research.
(c) Public Forums.--The Board shall conduct periodic public forums
to review the status of stem cell research funding by the National
Institutes of Health.
(d) Standards of Conduct.--The Board shall develop its own
standards of conduct in consultation with the Committee on Standards of
Official Conduct of the House of Representatives or the Select
Committee on Ethics of the Senate, as applicable.
SEC. 5. MEMBERSHIP.
(a) Number and Appointment.--The Board shall be composed of 8
members, appointed not later than 120 days after the date of the
enactment of this Act. To ensure that the membership of the Board is
bipartisan and subject to subsection (b), the 8 members shall be
appointed as follows:
(1) 4 members appointed by the President, the Speaker of
the House of Representatives, and the minority leader of the
Senate as follows:
(A) 2 members appointed by the President.
(B) 1 member appointed by the Speaker of the House
of Representatives.
(C) 1 member appointed by the minority leader of
the Senate.
(2) 4 members appointed by the minority leader of the House
of Representatives and the majority leader of the Senate as
follows:
(A) 2 members appointed by the minority leader of
the House of Representatives.
(B) 2 members appointed by the majority leader of
the Senate.
(b) Political Party.--No more than 4 of the members of the Board
may be appointed by officials of the same political party.
(c) Terms.--Each member shall be appointed for the life of the
Board.
(d) Vacancies.--A vacancy in the Board shall be filled in the
manner in which the original appointment was made.
(e) Basic Pay.--
(1) Rates of pay.--Members shall serve without pay for
their service on the Board.
(2) Travel expenses.--Members shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter I of
chapter 57 of title 5, United States Code.
(f) Quorum.--Five members of the Board shall constitute a quorum
but a lesser number may hold hearings.
(g) Co-Chairpersons.--The Board shall have--
(1) a co-chairperson who shall be appointed jointly by the
members appointed under subsection (a)(1); and
(2) a co-chairperson who shall be appointed jointly by the
members appointed under subsection (a)(2).
(h) Meetings.--The Board shall meet at the call of either co-
chairperson.
(i) Regulations.--The Board may promulgate any regulations
necessary to carry out its duties.
SEC. 6. EXECUTIVE DIRECTORS; STAFF; EXPERTS AND CONSULTANTS.
(a) Executive Directors.--
(1) Appointment.--The Board shall have--
(A) an executive director who shall be appointed
jointly by the members appointed under section 5(a)(1);
and
(B) an executive director who shall be appointed
jointly by the members appointed under section 5(a)(2).
(2) Pay.--Each of the executive directors of the Board
shall be paid at a rate not to exceed level IV of the Executive
Schedule.
(b) Staff; Experts.--
(1) Appointment; pay.--Subject to such rules as the Board
may prescribe, each executive director--
(A) may appoint such additional personnel as that
executive director considers appropriate; and
(B) may procure temporary and intermittent services
of experts or consultants at rates for individuals not
to exceed the daily equivalent of the maximum annual
rate of pay payable for grade GS-15 of the General
Schedule.
(2) Sharing of resources.--The rules referred to in
paragraph (1) shall include provisions to ensure an equitable
division or sharing of resources, as appropriate, between the
respective staffs of the Board.
(c) Applicability of Certain Civil Service Laws.--The executive
directors and the staff of the Board shall not be considered civil
service positions in the executive branch.
(d) Staff of Federal Agencies.--Upon the request of the Board, the
head of any Federal agency may detail, without reimbursement, any
employee of such agency to the Board to assist the Board in carrying
out its duties. Any such detail shall not interrupt or otherwise affect
the civil service status or privileges of the employee.
(e) Technical Assistance.--Upon the request of the Board, the head
of a Federal agency shall provide such technical assistance to the
Board as the Board determines to be necessary to carry out its duties.
SEC. 7. POWERS.
(a) Hearings and Sessions.--The Board may, for the purpose of
carrying out this Act, hold hearings (at the call of either co-
chairperson), sit and act at times and places, take testimony, and
receive evidence as the Board considers appropriate.
(b) Oaths or Affirmations.--The Board may administer oaths or
affirmations to witnesses appearing before it.
(c) Powers of Members and Agents.--Any member or agent of the Board
may, if authorized by the Board, take any action which the Board is
authorized to take by this section.
(d) Obtaining Official Data.--Subject to sections 552 and 552a of
title 5, United States Code, the Board or the co-chairpersons of the
Board acting jointly may secure directly from any other Federal agency
all information that the Board considers necessary to enable the Board
to carry out its duties. Upon request of the Board or both co-
chairpersons, the head of that agency (or other person duly designated
for purposes of this subsection) shall furnish that information to the
Board.
(e) Mails.--The Board may use the United States mails in the same
manner and under the same conditions as Federal agencies and shall, for
purposes of the frank, be considered a commission of the Congress as
described in section 3215 of title 39, United States Code.
(f) Administrative Support Services.--The Public Printer of the
Government Printing Office shall provide to the Board on a reimbursable
basis such administrative support services, including accounting
services, as the Board may request.
(g) Office Space.--The Administrator of General Services, in
coordination with the Secretary of Health and Human Services, shall
locate suitable office space for the operation of the Board at the
National Institutes of Health campus in Bethesda, Maryland. The
facilities shall serve as the headquarters of the Board and shall
include all necessary equipment and incidentals required for the proper
functioning of the Board.
(h) Advice and Assistance of Other Federal Executive Agencies.--The
Board or members of the Board may seek the advice of the National
Science Foundation, the National Academy of Sciences, or any Federal
executive agency with expertise in stem cell research. The National
Science Foundation, the National Academy of Sciences, and any such
Federal executive agency shall, if requested, provide assistance to the
Board.
(i) Printing and Binding.--For purposes of costs relating to
printing and binding, including the cost of personnel detailed from the
Government Printing Office, the Board shall be deemed to be a committee
of the Congress.
(j) Disclosure of Information to Congress.--Any data or other
information obtained by the Board under this section shall be made
available to any committee or subcommittee of the Congress of
appropriate jurisdiction upon request of the chairperson or ranking
minority member of such committee or subcommittee.
(k) Contract Authority.--To the extent or in the amounts provided
in advance in appropriation Acts, the Board may contract with and
compensate government and private agencies or persons for supplies and
other services.
SEC. 8. AUDITS.
(a) In General.--The Public Printer shall conduct--
(1) an interim audit of the financial transactions of the
Board not later than 2 years after the date of the enactment of
this Act; and
(2) a final audit of the financial transactions of the
Board not later than 4 years after the date of the enactment of
this Act.
(b) Access.--The Board shall maintain records of its financial
transactions and shall ensure that the Public Printer has access to all
such records, and to property in use by the Board, as necessary to
facilitate an audit under subsection (a).
SEC. 9. REPORTS.
In accordance with section 4(b), the Board shall transmit to the
Congress--
(1) an interim report each year; and
(2) not later than the date of the Board's termination
under section 10, a final report containing a detailed
statement of the findings and conclusions of the Board with
respect to the matters described in section 4.
SEC. 10. TERMINATION.
(a) In General.--The Board shall terminate on the date that is 4
years after the date of the enactment of this Act.
(b) Transfer of Records.--Upon the termination of the Board under
this section, the Board shall transfer all of its records to the Public
Printer.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Board $16,000,000 to
carry out this Act. | Science of Stem Cell Research Act - Establishes the Stem Cell Research Board, a bipartisan commission in the legislative branch, for four years.Requires the Board to research: (1) the effects of the President's August 9, 2001, stem cell research directive, including progress in advancing disease cures and improving organ transplantation; and (2) the effect of limited Federal funding on the private stem cell research sector and the funding process of the National Institutes of Health for human adult and embryonic stem cell research. | {"src": "billsum_train", "title": "To establish the Stem Cell Research Board to conduct research on the effects of the President's August 9, 2001, stem cell research directive, and for other purposes."} | 3,041 | 110 | 0.502602 | 1.407807 | 0.71067 | 4.755102 | 29.081633 | 0.938776 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare+Choice Accountability Act
of 2001''.
SEC. 2. EXTENSION OF INITIAL MEDICARE+CHOICE CONTRACT PERIOD TO 3
YEARS.
(a) Requirement for 3-Year Contracts.--Section 1857(c)(1) of the
Social Security Act (42 U.S.C. 1395w-27(c)(1)) is amended--
(1) by redesignating the matter following the heading as
subparagraph (A) and inserting ``In general.--'' after ``(A)'';
(2) in subparagraph (A), as so redesignated--
(A) by striking ``a term of at least 1 year'' and
inserting ``an initial term of at least 3 years''; and
(B) by striking ``from term to term'' and inserting
``for additional 3-year periods thereafter''; and
(3) by adding at the end the following new subparagraphs:
``(B) Limitation on modification of benefits and
premiums during the contract period.--A Medicare+Choice
organization under a contract with the Secretary under
this section may not modify premiums and benefits under
the Medicare+Choice plan offered by the organization
for the duration of that contract unless the Secretary
determines that such modifications would increase the
value of the coverage under the plan.
``(C) Prohibition on withdrawing from parts of a
service area.--A Medicare+Choice organization under a
contract with the Secretary under this section may not
withdraw from any part of the service area in which it
offers a Medicare+Choice plan.''.
(b) Payment Amount.--Section 1853(c) of such Act (42 U.S.C. 1395w-
23(c)) is amended to read as follows:
``(c) Calculation of Annual Medicare+Choice Capitation Rates.--
``(1) Adjusted average per capita amount.--For purposes of
this part, subject to paragraph (2), each annual
Medicare+Choice capitation rate, for a Medicare+Choice payment
area for a contract year consisting of a calendar year, is
equal to the Secretary's estimate of the adjusted average per
capita cost (as determined under section 1876(a)(4)) for the
payment area and contract year.
``(2) Exclusion of medical education costs.--In determining
the amounts under paragraph (1), the Secretary shall not take
into account payments attributable to--
``(A) graduate medical education payments under
section 1886(h);
``(B) disproportionate share hospital payments
described in section 1886(d)(5)(F); or
``(C) indirect costs of medical education described
in section 1886(d)(5)(B).''.
(c) Service Areas Requirements.--Section 1852 of such Act (42
U.S.C. 1395w-22) is amended by adding at the end the following new
subsection:
``(m) Service Areas.--
``(1) Designation by Secretary.--Taking into account
factors such as commercial rating patterns, the Secretary shall
designate geographic areas as service areas for purposes of
this part. Such areas may be portions of a State or an entire
State.
``(2) Prohibition on counties being in multiple service
areas.--In no case may a county or equivalent area, or portion
thereof, be included in more than one service area designated
by the Secretary under paragraph (1).''.
(d) Benefits.--
(1) Requirement for uniform benefits for all enrollees
residing in the service area.--
(A) In general.--Section 1852(a) of such Act (42
U.S.C. 1395w-22(a)) is amended--
(i)(I) in paragraph (2)(C), by striking ``may elect
to'' and inserting ``shall''; and
(II) in the heading of such paragraph by striking
``Election of'' and inserting ``Requirement for''; and
(ii) by adding at the end the following new
paragraph:
``(6) Requirement for uniform benefits in a service area.--
``(A) In general.--Subject to subparagraph (B), a
Medicare+Choice plan shall provide the same benefits to
all enrollees in a service area (designated by the
Secretary under subsection (m)).
``(B) Adaption by health maintenance
organizations.--In applying subparagraph (A) in the
case of a plan that is a health maintenance
organization, if limitations in provider contracts
prevent the plan from maintaining the provider
contracts in certain parts of a service area, the plan
may establish a preferred provider network or fee-for-
service plan in those parts of the service area, but
only if the cost-sharing applicable to such a network
or plan is not established in a manner that discourages
enrollment of residents in those parts of the service
area.''.
(B) Conforming repeal of authority to use of
segments of service areas.--Section 1854 of such Act
(42 U.S.C. 1395w-24) is amended by striking subsection
(h).
(2) No requirement for supplemental benefits.--
(A) In general.--Section 1854(f)) of such Act (42
U.S.C. 1395w-24(f))) is amended by adding at the end
the following new paragraph:
``(5) Application of provision.--The provisions of this
subsection shall not apply for any year with respect to which a
Medicare+Choice organization has entered into a 3-year contract
with the Secretary under section 1857(c)(1).''.
(B) Conforming amendment.--Section 1852(a)(1)(B) of
such Act (42 U.S.C. 1395w-22(a)(1)(B)) is amended by
inserting before the period the following: ``for any
year with respect to which a Medicare+Choice
organization has entered into a 3-year contract with
the Secretary under section 1857(c)(1)''.
(e) Effective Date.--The amendments made by this section shall
apply to contracts entered into on or after January 1, 2002.
SEC. 3. CONTINUOUS OPEN ENROLLMENT AND DISENROLLMENT.
(a) In General.--Section 1851(e)(2) of the Social Security Act (42
U.S.C. 1395w-21(e)(2)) is amended to read as follows:
``(2) Continuous open enrollment and disenrollment.--
Subject to paragraph (5), a Medicare+Choice eligible individual
may change the election under subsection (a)(1) at any time.''.
(b) Conforming Amendments.--
(1) Medicare+choice.--Section 1851(e) of such Act (42
U.S.C. 1395w-21(e)) is amended--
(A) in paragraph (4)--
(i) by striking ``Effective as of January
1, 2002, an'' and inserting ``An'';
(ii) by striking ``other than during an
annual, coordinated election period'';
(iii) by inserting ``in a special election
period for such purpose'' after ``make a new
election under this section''; and
(iv) by striking the second sentence; and
(B) in paragraphs (5)(B) and (6)(A), by striking
``the first sentence of''.
(2) Permitting reenrollment in medigap when m+c plans
reduce benefits.--
(A) In general.--Clause (ii) of section
1882(s)(3)(B) of such Act (42 U.S.C. 1395ss(s)(3)(B))
is amended--
(i) by striking ``under the first sentence
of'' each place it appears and inserting
``during a special election period provided for
under''; and
(ii) by inserting ``(including a reduction
in benefits offered under a Medicare+Choice
plan from year to year)'' after ``section
1851(e)(4)''.
(B) Conforming amendment.--Clause (iii) of such
section is amended--
(i) by striking ``under the first sentence
of'' and inserting ``during a special election
period provided for under''; and
(ii) by inserting ``(including a reduction
in benefits offered under a Medicare+Choice
plan from year to year)'' after ``section
1851(e)(4)''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to plan years beginning on or after January 1, 2002. | Medicare + Choice Accountability Act of 2001 - Amends the Social Security Act to: (1) extend the Medicare + Choice contract period to three years; and (2) permit continuous open enrollment or disenrollment. | {"src": "billsum_train", "title": "To amend part C of title XVIII to require Medicare+Choice organizations to offer Medicare+Choice plans for a minimum period of three years, and to permit Medicare beneficiaries to enroll and disenroll from such plans at any time."} | 2,029 | 44 | 0.52589 | 1.211541 | 0.86117 | 1.85 | 39.875 | 0.75 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Saving Women's Lives through
International Family Planning Act of 2001''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) International family planning funds provide assistance
that saves the lives of women by providing vital reproductive
health care, including family planning and maternal health
programs which include prenatal, postpartum, HIV/AIDS and other
sexually transmitted disease education that results in safe
pregnancies and safe motherhood.
(2) Each year more than 585,000 women die from
complications with pregnancy and childbirth. In addition, each
year at least 7,000,000 women suffer serious health problems
and as many as 50,000,000 women suffer some adverse health
consequences after childbirth, many of which could be prevented
with safe motherhood practices used in reproductive health
programs.
(3) More than 5,800,000 people were infected with HIV/AIDS
in 1998. Without funding from international family planning
programs for education and prevention, most governments would
not have the resources to combat the physical, social, and
economic devastation inflicted by this disease.
(4) The health of the planet is connected to the health of
women and their families. Rapid population growth exacerbates
many environmental problems, including air and water pollution,
loss of wildlife habitat, fisheries depletion, and climate
change--global problems that transcend national boundaries.
Family planning programs give women the option to choose the
number and spacing of their children, which contributes to
slowing global population growth. International family planning
improves the ability of families worldwide to manage their
lives and their natural resources more sustainably.
(5) When families have access to family planning resources
and are able to space their children, delay the timing of their
first child, and have longer intervals between each child,
there is a decrease in the risk of mortality in both women and
children.
(6) Voluntary family planning services allow women and men
to exercise their fundamental human right to plan the size of
their families and ensure that every pregnancy is planned and
every child is wanted. Data from around the world provides
conclusive evidence that increased access to family planning
reduces the incidence of abortion.
(7) At the International Conference on Population and
Development in 1994, it was estimated that making quality
family planning and related health services available to all in
need of such planning and services would cost $17,000,000,000
in the year 2000. The United States and other donor countries
agreed to provide one-third of these funds. Based on the size
of its economy, the United States share of the total donor
population assistance should be almost $1,900,000,000 for
fiscal year 2001. While short of this funding goal, restoring
funding for population assistance to fiscal year 1995 levels
would be a significant step toward ensuring access to family
planning and reproductive health care for couples around the
world.
(8) With world population exceeding 6,000,000,000 people,
international family planning providers and related
nongovernmental organizations play a critical role in meeting
the physical, social, environmental, and economic needs in
their societies and in expanding participation in the
democratic process. These organizations should be provided with
adequate funding to fully and actively offer the best and most
informative care to their citizens without restrictions on free
speech. United States assistance to these organizations should
be provided under the same terms as to their governments.
SEC. 3. INTERNATIONAL ORGANIZATIONS AND PROGRAMS.
There is authorized to be appropriated, and there is appropriated
(out of any money in the Treasury not otherwise appropriated), for
fiscal year 2002 $366,000,000 to carry out the provisions of section
301 of the Foreign Assistance Act of 1961 and section 2 of the United
Nations Environment Program Participation Act of 1973.
SEC. 4. POPULATION PLANNING ASSISTANCE.
(a) Funding.--There is authorized to be appropriated, and there is
appropriated (out of any money in the Treasury not otherwise
appropriated), for fiscal year 2002 $541,600,000 for population
planning activities and other population assistance under part I of the
Foreign Assistance Act of 1961.
(b) Eligibility of Nongovernmental and Multilateral Organizations
for Population Planning Assistance.--Chapter 1 of part I of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended by adding at
the end the following:
``SEC. 135. ELIGIBILITY OF NONGOVERNMENTAL AND MULTILATERAL
ORGANIZATIONS FOR POPULATION PLANNING ASSISTANCE.
``In determining eligibility of nongovernmental and multilateral
organizations for population planning assistance or other population
assistance under this part, the Administrator of the United States
Agency for International Development may not apply requirements to such
organizations that are more restrictive than requirements applicable to
foreign governments for such assistance.''. | Saving Women's Lives through International Family Planning Act of 2001 - Authorizes appropriations for U.S. voluntary contributions to international organizations and programs, including the United Nations Environmental Fund for support of international measures to protect and improve the environment.Authorizes appropriations for certain population planning activities.Prohibits the Administrator of the United States Agency for International Development, in determining eligibility of nongovernmental and multilateral organizations for population planning assistance or other population assistance under the Foreign Assistance Act of 1961, from applying requirements to such organizations more restrictive than requirements applicable to foreign governments for such assistance. | {"src": "billsum_train", "title": "To provide for international family planning funding for the fiscal year 2002, and for other purposes."} | 1,016 | 126 | 0.443119 | 1.279898 | 0.627509 | 3.807692 | 9.211538 | 0.865385 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Product Safety Notification and
Recall Effectiveness Act of 2005''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) The Consumer Product Safety Commission conducts
approximately 300 recalls of hazardous, dangerous, and
defective consumer products each year.
(2) In developing comprehensive corrective action plans
with recalling companies, the Consumer Product Safety
Commission staff greatly relies upon the media and retailers to
alert consumers to the dangers of unsafe consumer products,
because the manufacturers do not generally possess contact
information regarding the purchasing consumers. Based upon
information received from companies maintaining customer
registration lists, such contact information is known for
generally less than 7 percent of the total consumer products
produced and distributed.
(3) The Consumer Product Safety Commission has found that
the consumers of the other 93 percent of consumer products
produced and distributed do not return purchaser identification
cards because of requests for marketing and personal
information in the cards, and the likelihood of receiving
unsolicited marketing materials.
(4) The Consumer Product Safety Commission has conducted
research demonstrating that direct consumer contact is one of
the most effective ways of motivating consumer response to a
consumer product recall.
(5) Companies that maintain consumer product purchase data,
such as product registration cards, warranty cards, and rebate
cards, are able to effectively notify consumers of a consumer
product recall.
(6) The Consumer Product Safety Commission staff has found
that a consumer product safety owner card, without marketing
questions or requests for personal information, that
accompanied products such as small household appliances and
juvenile products would increase consumer participation and
information necessary for direct notification in consumer
product recalls.
(7) The National Highway Traffic Safety Administration has,
since March 1993, required similar simplified, marketing-free
product registration cards on child safety seats used in motor
vehicles, and has found that this has been successful in
increasing recall compliance rates.
(b) Purpose.--The purpose of this Act is to reduce the number of
deaths and injuries from defective and hazardous consumer products
through improved recall effectiveness, by--
(1) requiring the Consumer Product Safety Commission to
promulgate a rule to require manufacturers of juvenile
products, small household appliances, and certain other
consumer products, to include a simplified product safety owner
card with those consumer products at the time of original
purchase by consumers, or develop effective electronic
registration of the first purchasers of such products, to
develop a customer database for the purpose of notifying
consumers about recalls of those products; and
(2) encouraging manufacturers, private labelers, retailers,
and others to use creativity and innovation to create and
maintain effective methods of notifying consumers in the event
of a consumer product recall.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) Terms defined in consumer product safety act.--The
definitions set forth in section 3 of the Consumer Product
Safety Act (15 U.S.C. 2052) shall apply to this Act.
(2) Covered consumer product.--The term ``covered consumer
product'' means--
(A) a juvenile product;
(B) a small household appliance; and
(C) such other consumer product as the Commission
considers appropriate for achieving the purpose of this
Act.
(3) Juvenile product.--The term ``juvenile product''--
(A) means a durable consumer product intended for
use, or that may be reasonably expected to be used, by
children under the age of 5 years; and
(B) includes, but is not limited to--
(i) full-size cribs and nonfull-size cribs;
(ii) toddler beds;
(iii) high chairs, booster chairs, and
hook-on chairs;
(iv) bath seats;
(v) gates and other enclosures for
confining a child;
(vi) playpens;
(vii) stationary activity centers;
(viii) strollers;
(ix) walkers;
(x) swings;
(xi) child carriers;
(xii) bassinets and cradles; and
(xiii) children's toys.
(4) Product safety owner card.--The term ``product safety
owner card'' means a standardized product identification card
supplied with a consumer product by the manufacturer of the
product, at the time of original purchase by the first
purchaser of such product for purposes other than resale, that
only requests that the consumer of such product provide to the
manufacturer a minimal level of personal information needed to
enable the manufacturer to contact the consumer in the event of
a recall of the product.
(5) Small household appliance.--The term ``small household
appliance'' means a consumer product that is a toaster, toaster
oven, blender, food processor, coffee maker, or other similar
small appliances.
SEC. 4. RULE REQUIRING SYSTEM TO PROVIDE NOTICE OF RECALLS OF CERTAIN
CONSUMER PRODUCTS.
(a) In General.--The Commission shall promulgate a rule under
section 16(b) of the Consumer Product Safety Act (15 U.S.C. 2065(b))
that requires that the manufacturer of a covered consumer product shall
establish and maintain a system for providing notification of recalls
of such product to consumers of such product.
(b) Requirement to Create Database.--
(1) In general.--The rule shall require that the system
include use of product safety owner cards, Internet
registration, or an alternative method specified by the rule,
to create a database of information regarding consumers of
covered consumer products, for the sole purpose of notifying
such consumers of recalls of such products.
(2) Use of technology.--Alternative methods specified in
the rule may include use of on-line product registration and
consumer notification, consumer information data bases,
electronic tagging and bar codes, embedded computer chips in
consumer products, or other electronic and design strategies to
notify consumers about product recalls, that the Commission
determines will increase the effectiveness of recalls of
covered consumer products.
(c) Use of Commission Staff Proposal.--The rule shall be
substantially the same as the Commission staff draft entitled
``Advanced Notice of Proposed Rulemaking entitled Purchaser Owner Card
Program'', dated June 19, 2001.
(d) Deadlines.--The Commission--
(1) shall issue a proposed rule under this section by not
later than 90 days after the date of the enactment of this Act;
and
(2) shall promulgate a final rule under this section by not
later than 270 days after the date of the enactment of this
Act. | Product Safety Notification and Recall Effectiveness Act of 2005 - Instructs the Consumer Product Safety Commission to promulgate a rule under the Consumer Product Safety Act that requires the manufacturer of a covered consumer product to establish and maintain a consumer notification system for product recalls.
Defines "covered consumer product" as: (1) a juvenile product; (2) a small household appliance; and (3) such other products as the Commission considers appropriate for achieving the purpose of this Act (reducing deaths and injuries from defective and hazardous consumer products through improved recall).
Prescribes database requirements. | {"src": "billsum_train", "title": "To direct the Consumer Product Safety Commission to promulgate a rule that requires manufacturers of certain consumer products to establish and maintain a system for providing notification of recalls of such products to consumers who first purchase such a product."} | 1,419 | 123 | 0.590444 | 1.621235 | 0.656958 | 4.288288 | 12.063063 | 0.936937 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Unsafe Meat and Poultry Recall
Act''.
SEC. 2. RECALL AUTHORITY OVER MEAT AND MEAT FOOD PRODUCTS.
(a) Mandatory Recalls Authorized.--The Federal Meat Inspection Act
(21 U.S.C. 601 et seq.) is amended--
(1) by redesignating section 411 (21 U.S.C. 681) as section
412; and
(2) by inserting after section 410 (21 U.S.C. 679a) the
following new section:
``SEC. 411. NOTIFICATION, NONDISTRIBUTION, AND RECALL OF ADULTERATED,
MISBRANDED, AND OTHER UNSAFE MEAT PRODUCTS.
``(a) Meat Product Defined.--In this section, the term `meat
product' means a carcass, part of a carcass, meat, or meat food product
of cattle, sheep, swine, goats, horses, mules, or other equines covered
by this Act.
``(b) Notification Required.--
``(1) Notice to secretary.--A person that has reason to
believe that a meat product transported, stored, distributed,
or otherwise handled by the person is adulterated, misbranded,
or otherwise in violation of this Act shall immediately notify
the Secretary, in such manner and by such means as the
Secretary may by regulation promulgate, of the identity and
location of the meat product.
``(2) Exceptions.--The requirement to notify the Secretary
under paragraph (1) does not extend to household consumers of
meat products and to such other persons as the Secretary may
exempt.
``(c) Voluntary Nondistribution and Recall.--If the Secretary finds
that a meat product is adulterated, misbranded, or otherwise in
violation of this Act and that there is a reasonable probability that
human consumption of the meat product may present a threat to public
health, the Secretary shall provide all appropriate persons, as
determined by the Secretary, that transported, stored, distributed, or
otherwise handled the meat product with an opportunity to--
``(1) cease distribution of the meat product;
``(2) notify all persons transporting, storing,
distributing, or otherwise handling the meat product, or to
which the meat product has been transported, sold, distributed,
or otherwise handled, to immediately cease distribution of the
meat product;
``(3) recall the meat product; and
``(4) in consultation with the Secretary, provide notice to
consumers to whom the meat product is, or may have been,
distributed.
``(d) Mandatory Actions.--If a person refuses to or does not
voluntarily take the actions described in subsection (c) with respect
to a meat product within the time and in the manner prescribed by the
Secretary, the Secretary may, by order, require the person to
immediately--
``(1) cease distribution of the meat product;
``(2) notify all persons transporting, storing,
distributing, or otherwise handling the meat product, or to
which the meat product has been transported, sold, distributed,
or otherwise handled, to immediately cease distribution of the
meat product; and
``(3) recall the meat product or take other appropriate
action.
``(e) Notice to Consumers.--Whenever the Secretary orders a
mandatory action under subsection (d), the Secretary shall also provide
notice to consumers to whom the meat product was, or may have been,
distributed, to the extent the Secretary considers necessary.
``(f) Nondistribution by Notified Persons.--A person transporting,
storing, distributing, or otherwise handling a meat product, or to
which a meat product has been transported, sold, distributed, or
otherwise handled, that receives notification under subsection (c) or
(d) shall immediately cease distribution of the meat product.
``(g) Vacation of Order.--If, after providing an opportunity for a
hearing on the record, the Secretary determines that adequate grounds
do not exist to continue the mandatory actions required by an order
issued under subsection (d), the Secretary shall vacate the order.
``(h) Additional Remedies.--The remedies provided in this section
are in addition to any other remedies that may be available.''.
(b) Definition of Person.--(1) Section 1 of the Federal Meat
Inspection Act (21 U.S.C. 601) is amended by adding at the end the
following new subsection:
``(w) Person.--The term `person' means any individual, partnership,
corporation, association, or other business unit.''.
(2) The Federal Meat Inspection Act (21 U.S.C. 601 et seq.) is
amended--
(A) by striking ``person, firm, or corporation'' each place
it appears and inserting ``person'';
(B) by striking ``persons, firms, and corporations'' each
place it appears and inserting ``persons''; and
(C) by striking ``persons, firms, or corporations'' each
place it appears and inserting ``persons''.
SEC. 3. RECALL AUTHORITY OVER POULTRY AND POULTRY FOOD PRODUCTS.
(a) Mandatory Recalls Authorized.--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. NOTIFICATION, NONDISTRIBUTION, AND RECALL OF ADULTERATED,
MISBRANDED, AND OTHER UNSAFE POULTRY PRODUCTS.
``(a) Notification Required.--
``(1) Notice to secretary.--A person that has reason to
believe that a poultry product transported, stored,
distributed, or otherwise handled by the person is adulterated,
misbranded, or otherwise in violation of this Act shall
immediately notify the Secretary, in such manner and by such
means as the Secretary may by regulation promulgate, of the
identity and location of the poultry product.
``(2) Exceptions.--The requirement to notify the Secretary
under paragraph (1) does not extend to household consumers of
poultry products and to such other persons as the Secretary may
exempt.
``(b) Voluntary Nondistribution and Recall.--If the Secretary finds
that a poultry product is adulterated, misbranded, or otherwise in
violation of this Act and that there is a reasonable probability that
human consumption of the poultry product may present a threat to public
health, the Secretary shall provide all appropriate persons, as
determined by the Secretary, that transported, stored, distributed, or
otherwise handled the poultry product with an opportunity to--
``(1) cease distribution of the poultry product;
``(2) notify all persons transporting, storing,
distributing, or otherwise handling the poultry product, or to
which the poultry product has been transported, sold,
distributed, or otherwise handled, to immediately cease
distribution of the poultry product;
``(3) recall the poultry product; and
``(4) in consultation with the Secretary, provide notice to
consumers to whom the poultry product is, or may have been,
distributed.
``(c) Mandatory Actions.--If a person refuses to or does not
voluntarily take the actions described in subsection (b) with respect
to a poultry product within the time and in the manner prescribed by
the Secretary, the Secretary may, by order, require the person to
immediately--
``(1) cease distribution of the poultry product;
``(2) notify all persons transporting, storing,
distributing, or otherwise handling the poultry product, or to
which the poultry product has been transported, sold,
distributed, or otherwise handled, to immediately cease
distribution of the poultry product; and
``(3) recall the poultry product or take other appropriate
action.
``(d) Notice to Consumers.--Whenever the Secretary orders a
mandatory action under subsection (c), the Secretary shall also provide
notice to consumers to whom the poultry product was, or may have been,
distributed, to the extent the Secretary considers necessary.
``(e) Nondistribution by Notified Persons.--A person transporting,
storing, distributing, or otherwise handling a poultry product, or to
which a poultry product has been transported, sold, distributed, or
otherwise handled, that receives notification under subsection (b) or
(c) shall immediately cease distribution of the poultry product.
``(f) Vacation of Order.--If, after providing an opportunity for a
hearing on the record, the Secretary determines that adequate grounds
do not exist to continue the mandatory actions required by an order
issued under subsection (c), the Secretary shall vacate the order.
``(g) Additional Remedies.--The remedies provided in this section
are in addition to any other remedies that may be available.''. | Unsafe Meat and Poultry Recall Act - Amends the Federal Meat Inspection Act and the Poultry Products Inspection Act to: (1) require a person (other than a household consumer or other exempted person) who believes a meat or poultry product he or she transports, stores, or distributes is adulterated or misbranded to notify the Secretary of Agriculture; (2) direct the Secretary, upon a determination of a public health risk from such adulteration or misbranding, to permit the person to voluntarily provide notification, cease distribution, and recall such product; and (3) authorize the Secretary, in the case of noncompliance, to take such actions, as well as providing consumer notification. | {"src": "billsum_train", "title": "To amend the Federal Meat Inspection Act and the Poultry Products Inspection Act to authorize the Secretary of Agriculture to order the recall of meat and poultry that is adulterated, misbranded, or otherwise unsafe."} | 1,975 | 157 | 0.63217 | 1.731202 | 0.800988 | 1.837209 | 13.705426 | 0.79845 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare HMO Protection Act of
1999''.
SEC. 2. AUTHORITY TO EVALUATE AND ALTER TERMINATION DECISIONS.
Section 1851(g)(3) of the Social Security Act (42 U.S.C. 1395w-
21(g)(3)) is amended by adding at the end the following:
``(E) Authority to delay termination date.--
``(i) In general.--If a Medicare+Choice
organization terminates a plan under
subparagraph (B)(iii), the Secretary may delay
the effectiveness of such termination if the
Secretary determines that--
``(I) the termination would cause
an imminent and serious risk to the
health of individuals enrolled under
the plan under this part;
``(II) the termination would result
in a significant reduction in the
Medicare+Choice plans that are
available in the area affected by the
termination; or
``(III) the organization
terminating coverage is offering
Medicare+Choice plans in contract areas
that are in close proximity to the area
affected by the termination without
suffering considerable financial
losses.
In making the determination described in
subclause (III), the Secretary may audit and
inspect any books or records of the
organization pursuant to the authority provided
to the Secretary under section 1857(d).
``(ii) End of delay.--The Secretary may end
a delay under clause (i), prior to the end of
the period established by the Secretary under
such clause, if the Secretary determines that
an adequate provider network has been
established that will provide at least an equal
level of insurance coverage as existed in the
area affected by the termination on the date
the Medicare+Choice organization informed the
Secretary of its intention to terminate the
contract.
``(F) Authority to renegotiate contract.--If the
Secretary delays the effectiveness of a termination for
a period pursuant to subparagraph (E), the Secretary
and the Medicare+Choice organization terminating
coverage pursuant to subparagraph (B)(iii) may
negotiate during such period for a new contract under
section 1857 that will enable such organization to
continue such coverage. In negotiating such contract,
the Secretary shall ensure that beneficiaries are not
adversely affected by such contract.''.
SEC. 3. EXTENSION OF INITIAL MEDICARE+CHOICE CONTRACT PERIOD TO 3
YEARS.
(a) In General.--Section 1857(c)(1) of the Social Security Act (42
U.S.C. 1395w-27(c)(1)) is amended by striking ``a term of at least 1
year'' and inserting ``a term of at least 3 years''.
(b) Effective Date.--The amendment made by subsection (a) applies
to contracts entered into on or after the date of enactment of this
Act.
SEC. 4. NOTICE OF TERMINATION.
(a) In General.--Section 1857(d)(3) of the Social Security Act (42
U.S.C. 1395w-27(d)(3)) is amended to read as follows:
``(3) Enrollee notice at time of termination.--
``(A) In general.--Each contract under this section
shall require the organization to provide (and pay for)
written notice at least 120 days prior to the
termination of the contract, as well as a description
of alternatives for obtaining benefits under this
title, to each individual enrolled with the
organization under this part.
``(B) Description.--The description of alternatives
referred to in subparagraph (A) shall include a
description of--
``(i) all Medicare+Choice plans and
medicare supplemental policies available in the
area where the contract that is being
terminated is serving beneficiaries and the
costs of such plans and policies; and
``(ii) the telephone number of local social
service agencies providing assistance to
medicare beneficiaries in such area.''.
(b) Effective Date.--The amendment made by subsection (a) applies
to any notice of termination that is provided on or after the date of
enactment of this Act. | Authorizes the Secretary to end such a delay early upon determining that an adequate provider network has been established that will provide at least an equal level of insurance coverage as existed in the area affected by the termination on the date the Medicare+Choice organization informed the Secretary of its intention to terminate the contract.
Authorizes the Secretary and the Medicare+Choice organization terminating coverage to negotiate during the period of delay for a new contract that will enable the organization to continue coverage.
Extends the initial Medicare+Choice contract period from one year to three years.
Requires any Medicare+Choice organization contract to provide and pay for a written notice to enrollees at least 120 days before termination of the contract, together with a description of alternatives for obtaining benefits. | {"src": "billsum_train", "title": "Medicare HMO Protection Act of 1999"} | 937 | 170 | 0.626398 | 1.753232 | 0.862384 | 3.830882 | 5.794118 | 0.904412 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Deepwater Port Modernization Act''.
SEC. 2. DECLARATIONS OF PURPOSE AND POLICY.
(a) Purposes.--The purposes of this Act are to--
(1) update and improve the Deepwater Port Act of 1974;
(2) assure that the regulation of deepwater ports is not
more burdensome or stringent than necessary in comparison to
the regulation of other modes of importing or transporting oil;
(3) recognize that deepwater ports are generally subject to
effective competition from alternative transportation modes and
eliminate, for as long as a port remains subject to effective
competition, unnecessary Federal regulatory oversight or
involvement in the ports' business and economic decisions; and
(4) promote innovation, flexibility, and efficiency in the
management and operation of deepwater ports by removing or
reducing any duplicative, unnecessary, or overly burdensome
Federal regulations or license provisions.
(b) Policy.--Section 2(a) of the Deepwater Port Act of 1974 (33
U.S.C. 1501(a)) is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting a semicolon; and
(3) by inserting at the end the following:
``(5) promote the construction and operation of deepwater
ports as a safe and effective means of importing oil into the
United States and transporting oil from the outer continental
shelf while minimizing tanker traffic and the risks attendant
thereto; and
``(6) promote oil production on the outer continental shelf
by affording an economic and safe means of transportation of
outer continental shelf oil to the United States mainland.''.
SEC. 3. DEFINITIONS.
(a) Antitrust Laws.--Section 3 of the Deepwater Port Act of 1974
(33 U.S.C. 1502) is amended--
(1) by striking paragraph (3); and
(2) by redesignating paragraphs (4) through (19) as
paragraphs (3) through (18), respectively.
(b) Deepwater Port.--The first sentence of section 3(9) of such
Act, as redesignated by subsection (a), is amended by striking ``such
structures,'' and all that follows through ``section 23.'' and
inserting the following: ``structures, located beyond the territorial
sea and off the coast of the United States and which are used or
intended for use as a port or terminal for the transportation, storage,
and further handling of oil for transportation to any State, except as
otherwise provided in section 23, and for other uses not inconsistent
with the purposes of this Act, including transportation of oil from the
United States outer continental shelf.''.
SEC. 4. LICENSES.
(a) Elimination of Utilization Restrictions.--Section 4(a) of the
Deepwater Port Act of 1974 (33 U.S.C. 1503(a)) is amended by striking
all that follows the second sentence.
(b) Elimination of Precondition to Licensing.--Section 4(c) of such
Act is amended--
(1) by striking paragraph (7); and
(2) by redesignating paragraphs (8), (9), and (10) as
paragraphs (7), (8), and (9), respectively.
(c) Conditions Prescribed by Secretary.--Section 4(e)(1) of such
Act is amended by striking the first sentence and inserting the
following: ``In issuing a license for the ownership, construction, and
operation of a deepwater port, the Secretary shall prescribe those
conditions which the Secretary deems necessary to carry out the
provisions and requirements of this Act or which are otherwise required
by any Federal department or agency pursuant to the terms of this Act.
To the extent practicable, conditions required to carry out the
provisions and requirements of this Act shall be addressed in license
conditions rather than by regulation and, to the extent practicable,
the license shall allow a deepwater port's operating procedures to be
stated in an operations manual approved by the Coast Guard rather than
in detailed and specific license conditions or regulations; except that
basic standards and conditions shall be addressed in regulations.''.
(d) Elimination of Restriction Relating to Applications.--Section
4(e)(2) of such Act is amended by striking ``application'' and
inserting ``license''.
(e) Findings Required for Transfers.--Section 4(f) of such Act is
amended to read as follows:
``(f) Amendments, Transfers, and Reinstatements.--The Secretary may
amend, transfer, or reinstate a license issued under this Act if the
Secretary finds that the amendment, transfer, or reinstatement is
consistent with the requirements of this Act.''.
SEC. 5. INFORMATIONAL FILINGS.
Section 5(c) of the Deepwater Port Act of 1974 (33 U.S.C. 1504(c))
is amended by adding the following:
``(3) Upon written request of any person subject to this
subsection, the Secretary may make a determination in writing to exempt
such person from any of the informational filing provisions enumerated
in this subsection or the regulations implementing this section if the
Secretary determines that such information is not necessary to
facilitate the Secretary's determinations under section 4 of this Act
and that such exemption will not limit public review and evaluation of
the deepwater port project.''.
SEC. 6. ANTITRUST REVIEW.
Section 7 of the Deepwater Port Act of 1974 (33 U.S.C. 1506) is
repealed.
SEC. 7. OPERATION.
(a) As Common Carrier.--Section 8(a) of the Deepwater Port Act of
1974 (33 U.S.C. 1507(a)) is amended by inserting after ``subtitle IV of
title 49, United States Code,'' the following: ``and shall accept,
transport, or convey without discrimination all oil delivered to the
deepwater port with respect to which its license is issued,''.
(b) Conforming Amendment.--Section 8(b) of such Act is amended by
striking the first sentence and the first 3 words of the second
sentence and inserting the following: ``A licensee is not
discriminating under this section and''.
SEC. 8. MARINE ENVIRONMENTAL PROTECTION AND NAVIGATIONAL SAFETY.
Section 10(a) of the Deepwater Port Act of 1974 (33 U.S.C. 1509(a))
is amended--
(1) by inserting after ``international law'' the following:
``and the provision of adequate opportunities for public
involvement'';
(2) by striking ``shall prescribe by regulation and enforce
procedures with respect to any deepwater port, including, but
not limited to,'' and inserting the following: ``shall
prescribe and enforce procedures, either by regulation (for
basic standards and conditions) or by the licensee's operations
manual, with respect to''; and
(3) by redesignating clauses (A), (B), and (C) as clauses
(1), (2), and (3), respectively.
Passed the House of Representatives September 18, 1996.
Attest:
ROBIN H. CARLE,
Clerk. | Deepwater Port Modernization Act - Amends the Deepwater Port Act of 1974 to revise the term "deepwater port" to include a fixed or floating manmade structure (other than a vessel) located beyond the territorial sea and off the U.S. coast which is used as a port or terminal for the transportation of oil from the U.S. Outer Continental Shelf.
Eliminates: (1) certain utilization and transfer restrictions on deepwater ports; and (2) a certain antitrust precondition with respect to the licensing of such ports.
Authorizes the Secretary of Transportation to exempt an applicant for a deepwater port license from certain informational filing requirements, provided such exemption will not limit public review of the deepwater port project.
Repeals the restriction on the issuance of a deepwater port license requiring that the Secretary first receive opinions from the Attorney General and the Federal Trade Commission as to whether such action would adversely affect competition, restrain trade, promote monopolization, or otherwise contravene the antitrust laws.
Requires a deepwater port, among other things, to accept, transport, or convey without discrimination all oil delivered to it.
Directs the Secretary to prescribe and enforce procedures with respect to the environment and navigational safety as they relate to deepwater ports either by regulation (for basic standards and conditions), or by the licensee's operations manual. | {"src": "billsum_train", "title": "Deepwater Port Modernization Act"} | 1,599 | 297 | 0.610711 | 1.943429 | 0.658928 | 2.672 | 5.716 | 0.8 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Border Health Security Act of
2003''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Border area.--The term ``border area'' has the meaning
given the term ``United States-Mexico Border Area'' in section
8 of the United States-Mexico Border Health Commission Act (22
U.S.C. 290n-6).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 3. BORDER HEALTH GRANTS.
(a) Eligible Entity Defined.--In this section, the term ``eligible
entity'' means a State, public institution of higher education, local
government, tribal government, nonprofit health organization, or
community health center receiving assistance under section 330 of the
Public Health Service Act (42 U.S.C. 254b), that is located in the
border area.
(b) Authorization.--From funds appropriated under subsection (f),
the Secretary, acting through the United States members of the United
States-Mexico Border Health Commission, shall award grants to eligible
entities to address priorities and recommendations to improve the
health of border area residents that are established by--
(1) the United States members of the United States-Mexico
Border Health Commission;
(2) the State border health offices; and
(3) the Secretary.
(c) Application.--An eligible entity that desires a grant under
subsection (b) shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may require.
(d) Use of Funds.--An eligible entity that receives a grant under
subsection (b) shall use the grant funds for--
(1) programs relating to--
(A) maternal and child health;
(B) primary care and preventative health;
(C) public health and public health infrastructure;
(D) health promotion;
(E) oral health;
(F) behavioral and mental health;
(G) substance abuse;
(H) health conditions that have a high prevalence
in the border area;
(I) medical and health services research;
(J) workforce training and development;
(K) community health workers or promotoras;
(L) health care infrastructure problems in the
border area (including planning and construction
grants);
(M) health disparities in the border area;
(N) environmental health;
(O) health education; and
(P) outreach and enrollment services with respect
to Federal programs (including programs authorized
under titles XIX and XXI of the Social Security Act (42
U.S.C. 1396 and 1397aa)); and
(2) other programs determined appropriate by the Secretary.
(e) Supplement, Not Supplant.--Amounts provided to an eligible
entity awarded a grant under subsection (b) shall be used to supplement
and not supplant other funds available to the eligible entity to carry
out the activities described in subsection (d).
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $200,000,000 for fiscal year
2004, and such sums as may be necessary for each succeeding fiscal
year.
SEC. 4. BORDER BIOTERRORISM PREPAREDNESS GRANTS.
(a) Eligible Entity Defined.--In this section, the term ``eligible
entity'' means a State, local government, tribal government, or public
health entity.
(b) Authorization.--From funds appropriated under subsection (e),
the Secretary shall award grants to eligible entities for bioterrorism
preparedness in the border area.
(c) Application.--An eligible entity that desires a grant under
this section shall submit an application to the Secretary at such time,
in such manner, and containing such information as the Secretary may
require.
(d) Uses of Funds.--An eligible entity that receives a grant under
subsection (b) shall use the grant funds to--
(1) develop and implement bioterror preparedness plans and
readiness assessments and purchase items necessary for such
plans;
(2) coordinate bioterrorism and emergency preparedness
planning in the region;
(3) improve infrastructure, including syndrome surveillance
and laboratory capacity;
(4) create a health alert network, including risk
communication and information dissemination;
(5) educate and train clinicians, epidemiologists,
laboratories, and emergency personnel; and
(6) carry out such other activities identified by the
Secretary, the United States-Mexico Border Health Commission,
State and local public health offices, and border health
offices.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $25,000,000 for fiscal year 2004
and such sums as may be necessary for each succeeding fiscal year.
SEC. 5. UNITED STATES-MEXICO BORDER HEALTH COMMISSION ACT AMENDMENTS.
The United States-Mexico Border Health Commission Act (22 U.S.C.
290n et seq.) is amended by adding at the end the following:
``SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this Act
$10,000,000 for fiscal year 2004 and such sums as may be necessary for
each succeeding fiscal year.''.
SEC. 6. COORDINATION OF HEALTH SERVICES AND SURVEILLANCE.
The Secretary may coordinate with the Secretary of Homeland
Security in establishing a health alert system that--
(1) alerts clinicians and public health officials of
emerging disease clusters and syndromes along the border area;
and
(2) is alerted to signs of health threats or bioterrorism
along the border area. | Border Health Security Act of 2003 - Directs the Secretary of Health and Human Services, acting through the United States members of the United States-Mexico Border Health Commission (the members), to award grants to eligible entities (as defined by this section) to address priorities and recommendations to improve the health of border residents that are established by the Secretary, the members, and the State border health offices. Sets forth uses for grant funds, including for programs relating to: (1) maternal and child health; (2) substance abuse; and (3) environmental health.
Directs the Secretary to award grants to eligible entities (as defined by this section) for bioterrorism preparedness in the border area. Sets forth uses for grant funds, including for the: (1) improvement of infrastructure; and (2) education and training of clinicians, epidemiologists, laboratories, and emergency personnel.
Allows the Secretary to coordinate with the Secretary of Homeland Security a health alert system that: (1) alerts clinicians and public health officials of emerging disease clusters and syndromes along the border area; and (2) is alerted to health threats or bioterrorism along the border area. | {"src": "billsum_train", "title": "To establish grant programs to improve the health of border area residents and for bioterrorism preparedness in the border area, and for other purposes."} | 1,266 | 234 | 0.651205 | 1.818628 | 1.007334 | 4.189427 | 4.977974 | 0.955947 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Efficient and Environmentally
Friendly Automobile Tax Credit Act of 2008''.
SEC. 2. CREDIT FOR REPLACING AN AUTOMOBILE WITH A MORE FUEL-EFFICIENT
AUTOMOBILE.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 30C the following new section:
``SEC. 30D. CREDIT FOR REPLACING AN AUTOMOBILE WITH A MORE FUEL-
EFFICIENT AUTOMOBILE.
``(a) In General.--In the case of an eligible purchase by an
eligible taxpayer of a passenger automobile, there shall be allowed as
a credit against the tax imposed by this chapter an amount equal to the
lesser of--
``(1) the cost of the passenger automobile, or
``(2) $2,000.
``(b) Eligible Purchase.--For purposes of this section--
``(1) In general.--The term `eligible purchase' means any
purchase of a passenger automobile if--
``(A) the taxpayer sells another passenger
automobile within a reasonable period surrounding such
purchase, and
``(B) the average fuel economy of the purchased
automobile is at least 20 percent better than the
average fuel economy of the sold automobile.
``(2) Passenger automobile.--The term `passenger
automobile' has the meaning given such term in regulations
prescribed by the Administrator of the Environmental Protection
Agency for purposes of the administration of title II of the
Clean Air Act (42 U.S.C. 7521 et seq.). Such term includes a
light truck (within the meaning of such regulations).
``(3) Fuel economy.--Average fuel economy shall be
determined as provided in section 30B(h)(2).
``(c) Eligible Taxpayer.--For purposes of this section--
``(1) In general.--The term `eligible taxpayer' means--
``(A) any individual, and
``(B) any qualified business.
``(2) Qualified business.--The term `qualified business'
means any sole proprietorship, partnership, or corporation if--
``(A) at least 40 percent of its total gross income
for the taxable year is derived from the active conduct
of transporting persons or property for hire, and
``(B) in the case of a partnership or corporation,
all of the equity interests in which are held by 1
individual.
``(3) Aggregation rules.--All persons treated as a single
employer under subsection (a) or (b) of section 52, or
subsection (m) or (o) of section 414, shall be treated as 1
person for purposes of paragraph (2).
``(d) Application With Other Credits.--
``(1) Business credit treated as part of general business
credit.--So much of the credit which would be allowed under
subsection (a) for any taxable year (determined without regard
to this subsection) that is attributable to property of a
character subject to an allowance for depreciation shall be
treated as a credit listed in section 38(b) for such taxable
year (and not allowed under subsection (a)).
``(2) Personal credit.--The credit allowed under subsection
(a) (after the application of paragraph (1)) for any taxable
year shall not exceed the excess (if any) of--
``(A) the regular tax liability (as defined in
section 26(b)) reduced by the sum of the credits
allowable under subpart A and sections 27, 30, 30B, and
30C, over
``(B) the tentative minimum tax for the taxable
year.
``(e) Special Rules.--
``(1) Exception for business vehicles.--Except in the case
of a qualified business, subsection (a) shall apply only to
passenger automobiles substantially all of the use of which is
for personal, nonbusiness purposes.
``(2) Limitation on vehicles being replaced.--Except in the
case of a qualified business, subsection (b)(1)(A) shall apply
only to passenger vehicles which were substantially and
regularly used by the taxpayer for personal, nonbusiness
purposes.
``(3) Basis reduction.--The basis of any passenger
automobile for which credit is allowed under subsection (a)
shall be reduced by the amount of such credit.''.
(b) Technical Amendments.--
(1) Section 38(b) of such Code is amended by striking
``plus'' at the end of paragraph (31), by striking the period
at the end of paragraph (32) and inserting ``, plus'', and by
adding at the end the following new paragraph:
``(33) the portion of the credit under section 30D
(relating to credit for replacing an automobile with a more
fuel-efficient automobile) to which section 30D(d)(1)
applies.''.
(2) Section 55(c)(2) of such Code is amended by inserting
``30D(d)(2),'' after ``30C(d)(2),''.
(3) The table of sections for subpart B of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 30C the following new item:
``Sec. 30D. Credit for replacing an automobile with a more fuel-
efficient automobile.''.
SEC. 3. DEDUCTION FOR STATE AND LOCAL TAXES IMPOSED ON PURCHASE OF MORE
FUEL-EFFICIENT AUTOMOBILES.
Subsection (a) of section 165 of the Internal Revenue Code of 1986
(relating to deduction for taxes) is amended by adding at the end the
following new paragraph:
``(6) State and local taxes imposed on the purchase of any
passenger automobile (as defined in section 30D(b)(2)) for
which credit is allowed to the taxpayer under section 30D.''.
SEC. 4. DEDUCTION FOR INTEREST ON LOANS USED TO PURCHASE MORE FUEL-
EFFICIENT AUTOMOBILES.
Paragraph (2) of section 163(h) of the Internal Revenue Code of
1986 (defining personal interest) is amended by striking ``and'' at the
end of subparagraph (E), by striking the period at the end of
subparagraph (F) and inserting ``, and'', and by adding at the end the
following new subparagraph:
``(G) any interest paid or accrued on indebtedness
incurred to purchase a passenger automobile (as defined
in section 30D(b)(2)) for which credit is allowed to
the taxpayer under section 30D.''.
SEC. 5. EFFECTIVE DATE.
The amendment made by this Act shall apply vehicles purchased after
the date of the enactment of this Act in taxable years ending after
such date. | Energy Efficient and Environmentally Friendly Automobile Tax Credit Act of 2008 - Amends the Internal Revenue Code to allow individual and business taxpayers: (1) a tax credit for up to $2,000 of the cost of replacing a passenger automobile with another passenger automobile that is at least 20% more fuel efficient; and (2) tax deductions for state and local taxes and loan interest for the replacement automobile. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide tax incentives for replacing an automobile with a more fuel-efficient automobile."} | 1,554 | 83 | 0.551896 | 1.171873 | 0.551711 | 2.565789 | 17.855263 | 0.881579 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Real Estate Investment and Jobs Act
of 2014''.
SEC. 2. EXCEPTION FROM FIRPTA FOR CERTAIN STOCK OF REAL ESTATE
INVESTMENT TRUSTS.
(a) In General.--Paragraph (3) of section 897(c) of the Internal
Revenue Code of 1986 is amended--
(1) by striking all that precedes ``If any class'' and
inserting the following:
``(3) Exceptions for certain stock.--
``(A) Exception for stock regularly traded on
established securities markets.--'',
(2) by inserting before the period the following: ``. In
the case of any class of stock of a real estate investment
trust, the preceding sentence shall be applied by substituting
`10 percent' for `5 percent''', and
(3) by adding at the end the following new subparagraph:
``(B) Exception for certain stock in real estate
investment trusts.--
``(i) In general.--Stock of a real estate
investment trust held by a qualified
shareholder shall not be treated as a United
States real property interest except to the
extent that an investor in the qualified
shareholder (other than an investor that is a
qualified shareholder) holds more than 10
percent of the stock of such real estate
investment trust (determined by applying the
constructive ownership rules of section
897(c)(6)(C)).
``(ii) Qualified shareholder.--For purposes
of this subparagraph, the term `qualified
shareholder' means an entity--
``(I) that is eligible for benefits
of a comprehensive income tax treaty
with the United States which includes
an exchange of information program,
``(II) that is a qualified
collective investment vehicle,
``(III) whose principal class of
interests is listed and regularly
traded on one or more recognized stock
exchanges (as defined in such
comprehensive income tax treaty), and
``(IV) that maintains records on
the identity of each person who, at any
time during the qualified shareholder's
taxable year, is the direct owner of 5
percent or more of the class of
interest described in clause (III).
``(iii) Qualified collective investment
vehicle.--For purposes of this subparagraph,
the term `qualified collective investment
vehicle' means an entity that--
``(I) would be eligible for a
reduced rate of withholding under such
comprehensive income tax treaty with
respect to ordinary dividends paid by a
real estate investment trust, even if
such entity holds more than 10 percent
of the stock of such real estate
investment trust, or
``(II) is designated as a qualified
collective investment vehicle by the
Secretary and is either--
``(aa) fiscally transparent
within the meaning of section
894, or
``(bb) required to include
dividends in its gross income,
but is entitled to a deduction
for distributions to its
investors.''.
(b) Distributions by Real Estate Investment Trusts.--Paragraph (1)
of section 897(h) of the Internal Revenue Code of 1986 is amended--
(1) by inserting ``(10 percent in the case of stock of a
real estate investment trust)'' after ``5 percent of such class
of stock'', and
(2) by inserting ``, and any distribution to a qualified
shareholder (as defined in subsection (c)(3)(B)(ii)) shall not
be treated as gain recognized from the sale or exchange of a
United States real property interest to the extent that the
stock of the real estate investment trust held by such
qualified shareholder is not treated as a United States real
property interest under subsection (c)(3)(B)'' before the
period at the end of the second sentence.
(c) Definition.--Subparagraph (B) of section 897(h)(4) of the
Internal Revenue Code of 1986 is amended by adding at the end the
following: ``In determining whether a qualified investment entity is
domestically controlled--
``(i) a qualified investment entity shall
be permitted to presume that stock held by a
holder of less than 5 percent of a class of
stock regularly traded on an established
securities market in the United States is held
by United States persons throughout the testing
period except to the extent that the qualified
investment entity has actual knowledge
regarding stock ownership,
``(ii) any stock in the qualified
investment entity held by another qualified
investment entity--
``(I) any class of stock of which
is regularly traded on an established
stock exchange, or
``(II) which is a regulated
investment company which issues
redeemable securities (within the
meaning of section 2 of the Investment
Company Act of 1940),
shall be treated as held by a foreign person
unless such other qualified investment entity
is domestically controlled (as determined under
this subparagraph) in which case such stock
shall be treated as held by a United States
person, and
``(iii) any stock in the qualified
investment entity held by any other qualified
investment entity not described in subclause
(I) or (II) of clause (ii) shall only be
treated as held by a United States person to
the extent that the stock of such other
qualified investment entity is (or is treated
under this subparagraph as) held by a United
States person.''.
(d) Conforming Amendment.--Subparagraph (C) of section 897(c)(6) of
the Internal Revenue Code of 1986 is amended--
(1) by striking ``more than 5 percent'' and inserting
``more than 5 or 10 percent, whichever is applicable,'', and
(2) by striking ``substituting `5 percent' for `50
percent')'' and inserting ``substituting `5 percent or 10
percent, whichever is applicable' for `50 percent')''.
(e) Effective Dates.--
(1) In general.--The amendments made by subsection (a)
shall apply to dispositions on and after the date of the
enactment of this Act.
(2) Distributions.--The amendments made by subsection (b)
shall apply to any distribution by a real estate investment
trust on or after the date of the enactment of this Act which
is treated as a deduction for a taxable year of such trust
ending after such date.
(3) Definitions.--The amendments made by subsections (c)
and (d) shall take effect on the date of the enactment of this
Act.
SEC. 3. UNITED STATES REAL PROPERTY INTEREST.
(a) United States Real Property Interest.--Subparagraph (B) of
section 897(c)(1) of the Internal Revenue Code of 1986 is amended by
striking all that precedes ``(i) as of the date of the disposition''
and inserting the following:
``(B) Exclusion for interest in certain
corporations.--The term `United States real property
interest' does not include any interest in a
corporation (other than a qualified investment entity
(as defined in subsection (h)(4)(A)(i)) if--''.
(b) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act.
SEC. 4. REQUIRED NOTIFICATION OF FIRPTA STATUS.
(a) In General.--Section 6039C of the Internal Revenue Code of 1986
is amended by redesignating subsection (d) as subsection (e) and by
inserting after subsection (c) the following new subsection:
``(d) Required Notification of Status as United States Real
Property Holding Corporation; Presumption of Foreign Control for
Qualified Investment Entities.--
``(1) Required notification of status as united states real
property holding corporation.--Any United States real property
holding corporation (as defined in section 897(c)(2)) is hereby
required to make its status as a United States real property
holding corporation readily accessible, and in the case of a
publicly traded corporation, publicly available. Under
regulations prescribed by the Secretary, such notifications may
include disclosure of such status on Form 1099s sent to
shareholders, in annual reports, on websites, and, in the case
of privately held corporations, on stock certificates.
``(2) Presumption of foreign control of qualified
investment entities.--In the absence of disclosure to the
contrary (in such form and manner as the Secretary may
prescribe), any qualified investment entity (as defined in
section 897(h)(4)(A)) will be presumed for purposes of section
897 to be foreign controlled.
``(3) Penalty for failure to make notification of status.--
The penalty provided under section 6721 shall apply to any
failure to comply with the requirements of paragraph (1), with
the following modifications--
``(A) in the case of a corporation other than a
corporation which meets the gross receipts test of
section 6721(d)(2), the minimum penalty imposed under
such section shall be equal to the maximum penalty
provided under section 6721(a)(1),
``(B) in the case of a corporation which holds
United States real estate with a gross fair market
value of at least $1,000,000,000--
``(i) the minimum penalty imposed under
such section shall be equal to $5,000,000, and
``(ii) in the case of an intentional
failure, the minimum penalty imposed under such
section shall be the greater of the penalty
provided under section 6721(e) or
$10,000,000.''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 5. REQUIRE FIRPTA WITHHOLDING BY BROKERS ON SALES BY SHAREHOLDERS
OWNING A MORE THAN 5 PERCENT INTEREST.
(a) In General.--Section 1445(e) of the Internal Revenue Code of
1986 is amended by redesignating paragraph (7) as paragraph (8) and by
inserting after paragraph (6) the following new paragraph:
``(7) Broker withholding obligation on certain dispositions
of nondomestically controlled united states real property
holding corporations.--
``(A) In general.--In the case of any disposition
of an interest in a United States real property holding
corporation (as defined in section 897(c)(2)) involving
a broker (as defined in section 6045(c)), such broker
shall be required to deduct and withhold a tax equal to
10 percent of the amount realized on the disposition.
``(B) Exceptions.--
``(i) Domestic qualified investment
entities and real estate investment trusts.--
Subparagraph (A) shall not apply to sales of
stock of a domestically controlled qualified
investment entity (as defined in section
897(h)(4)) or stock of a real estate investment
trust that is not treated as a United States
real property interest pursuant to section
897(c)(3)(B).
``(ii) Greater than 5 percent interest in
united states real property holding
corporation.--Subparagraph (A) shall not apply
if the transferee held a greater than 5 percent
interest (or in the case of the disposition of
any class of stock of a real estate investment
trust that is regularly traded on an
established securities market, a greater than
10 percent interest) in the United States real
property holding corporation. In determining
whether that threshold is met, brokers are
permitted to rely on public statements made by
public companies, including statements related
to the status of the company as a United States
real property holding corporation or as a
domestically controlled qualified investment
entity.
``(iii) Lack of broker knowledge.--
Subparagraph (A) shall apply only if the broker
had actual knowledge (or reasonably should have
known) of their withholding obligation.''.
(b) Conforming Amendment.--Section 1445(b)(6) of the Internal
Revenue Code of 1986 is amended by striking ``This paragraph'' and
inserting ``Except as provided in subsection (e)(7), this paragraph''.
(c) Effective Date.--The amendments made by this section shall
apply to dispositions after the date of the enactment of this Act.
SEC. 6. INTERESTS IN RICS AND REITS NOT EXCLUDED FROM DEFINITION OF
UNITED STATES REAL PROPERTY INTERESTS.
(a) In General.--Section 897(c)(1)(B) of the Internal Revenue Code
of 1986 is amended by striking ``and'' at the end of clause (i), by
striking the period at the end of clause (ii)(II) and inserting ``,
and'', and by adding at the end the following new clause:
``(iii) neither such corporation nor any
predecessor of such corporation was a regulated
investment company or a real estate investment
company at any time during the period described
in subparagraph (A)(ii).''.
(b) Effective Date.--The amendment made by this section shall apply
to dispositions after the date of the enactment of this Act.
SEC. 7. DIVIDENDS DERIVED FROM RICS AND REITS INELIGIBLE FOR DEDUCTION
FOR UNITED STATES SOURCE PORTION OF DIVIDENDS FROM
CERTAIN FOREIGN CORPORATIONS.
(a) In General.--Section 245(a) of the Internal Revenue Code of
1986 is amended by adding at the end the following new paragraph:
``(12) Dividends derived from rics and reits ineligible for
deduction.--Regulated investment companies and real estate
investment trusts shall not be treated as domestic corporations
for purposes of paragraph (5)(B).''.
(b) Effective Date.--The amendment made by this section shall apply
to dividends received from regulated investment companies and real
estate investment trusts on or after the date of the enactment of this
Act. | Real Estate Investment and Jobs Act of 2014 - Amends the Internal Revenue Code to: (1) increase from 5% to 10% the allowable ownership interest in real estate investment trust (REIT) stock for purposes of tax exemptions allowed by the Foreign Investment in Real Property Tax Act (FIRPTA) relating to foreign investment in U.S. real property interests; (2) require a U.S. real property holding corporation to make its status readily accessible and publicly available; (3) require brokers who sell an interest in a U.S. real property holding corporation to deduct and withhold 10% on the amount realized from the sale, with specified exceptions; (4) include regulated investment companies (RICs) and real estate investment companies (REITs) in the definition of U.S. real property interests; and (5) deny dividends derived from RICs and REITs a tax deduction for the U.S. source portion of dividends from certain foreign corporations. | {"src": "billsum_train", "title": "Real Estate Investment and Jobs Act of 2014"} | 3,134 | 207 | 0.477945 | 1.265657 | 0.74938 | 2.413793 | 15.758621 | 0.896552 |
SECTION 1. SHORT TITLE AND DEFINITIONS.
(a) Short Title.--This Act may be cited as the ``Military Land
Reform and Reassessment Act of 1993''.
(b) Definitions.--As used in this Act:
(1) The term ``Secretary'' means the Secretary of the
Interior.
(2) The term ``FLPMA'' means the Federal Land Policy and
Management Act of 1976, (43 U.S.C. 1701 et seq.).
(3) The term ``Engle Act'' means the Act entitled ``An Act
to provide that withdrawals, reservations, or restrictions of
more than five thousand acres of public lands of the United
States shall not become effective until approved by Act of
Congress, and for other purposes,'' approved February 28, 1958
(43 U.S.C. 155 et seq.).
(4) The term ``1956 Act'' means the Act of July 26, 1956
(16 U.S.C. 505a, 505b).
SEC. 2. STATE MILITARY USES.
(a) State Agencies.--Section 302(b) of FLPMA (43 U.S.C. 1732(b)) is
amended by inserting ``or the military department (or its equivalent)
of any State'' after ``Federal departments and agencies''.
(b) National Guard Use of Public Lands.--Section 302 of FLPMA (43
U.S.C. 1732), as amended, is further amended by adding at the end the
following new subsection:
``(e) State Military Uses.--(1) After consultation with the
Governor of a State, the Secretary may agree to permit use of public
lands within such State by the military department (or its equivalent)
of one or more States for purposes of military training, equipment
testing, or other authorized military activities, in accordance with
the provisions of this subsection.
``(2)(A) For activities the Secretary finds are not likely to
result in a significant degree of residual contamination of affected
lands (through use of explosive projectiles or otherwise), the
Secretary may issue a general authorization for the military department
(or its equivalent) of one or more States to use public lands where
such use would not be inconsistent with the land-use plans prepared
pursuant to section 202 of this Act. Any such general authorization
shall be for no more than 3 years but may thereafter be renewed for
additional periods of no more than 3 years each. The provisions of
paragraph (4) of this subsection shall apply to use of public lands
pursuant to an authorization issued under this paragraph, and the
Secretary may wholly or partially revoke any such authorization at any
time if the Secretary finds that there has been a failure to comply
with its terms and conditions or that activities pursuant to such an
authorization have had or may have a significant adverse impact on the
resources or values of the affected lands.
``(B) An authorization pursuant to this paragraph shall not
authorize the construction of permanent structures or facilities on the
public lands.
``(C) Each specific use of a particular area of public lands
pursuant to a general authorization under this paragraph shall be
subject to specific authorization by the Secretary and to appropriate
terms and conditions, including such as are described in paragraph (4)
of this subsection.
``(3) The Secretary may permit the military department (or its
equivalent) of one or more States to use public lands for military
activities the Secretary finds would result in a significant degree of
residual contamination of such lands, subject to the provisions of
paragraph (4) of this subsection, but only to the extent that--
``(A) use of specific portions of such lands for such
purposes was either authorized as of July 1, 1989, or had been
permitted to occur on or after January 1, 1986, in which case
such uses on such portions may take place, subject to paragraph
(4) of this subsection; or
``(B) use of public or other lands previously withdrawn or
otherwise dedicated to military uses is found by the Secretary
(after consultation with the Secretary of Defense) to not be
practicable, and therefore additional public lands other than
those portions described in subparagraph (A) are withdrawn for
military purposes, pursuant to section 204 of this Act (with
respect to areas of no more than 5,000 acres) or pursuant to an
Act of Congress (with respect to areas exceeding 5,000 acres,
except that in time of war or national emergency declared by
the Congress or the President pursuant to applicable law,
withdrawals of areas exceeding 5,000 acres for military
purposes may be made pursuant to section 204 of this Act).
``(4) The Secretary may waive rental charges for the use of public
land (however such use may be authorized) by a State military
department (or its equivalent) for military training, equipment
testing, and other authorized military activities permitted under this
subsection. Each such use shall be subject to a requirement that the
using department, or departments, be responsible for such timely
cleanup and decontamination of the lands used, and to such other terms
and conditions (including but not limited to restrictions on use of
off-road or all-terrain vehicles), as the Secretary, after considering
national defense needs, may require to--
``(A) minimize adverse impacts on the natural,
environmental, scientific, cultural, and other resources and
values, including fish and wildlife habitat, of the public
lands involved; and
``(B) minimize the period and method of such use and the
interference with or restrictions on other uses of the public
lands involved.
``(5) Each State military department (or its equivalent) using
public lands withdrawn for military purposes shall take appropriate
precautions to prevent and suppress range and brush fires caused by or
resulting from use of such lands for such purposes, and shall promptly
reimburse the United States for any assistance provided by the
Secretary in the prevention or suppression of such fires.
``(6) For purposes of this subsection, the term `State' means one
of the several States, the District of Columbia, or one of the
Commonwealths or territories of the United States.
``(7)(A) Public lands covered by an authorization issued pursuant
to paragraph (2) of this subsection may be used by personnel of the
military department (or its equivalent) of a State during periods when
some or all of such personnel are on active duty in the service of the
United States.
``(B) During periods of use of public lands by personnel of a State
military department or equivalent, the Secretary may also permit such
lands to be used by members of one or more United States Armed Forces
on active service, under the same terms and conditions applicable to
use of such lands by the personnel of such State military department or
its equivalent.
``(8) Except as otherwise provided by applicable law, any
authorization by the Secretary for the military department (or its
equivalent) of any State or States to use public lands that is in
effect on the date of enactment of this subsection shall remain in
effect until its scheduled expiration, or for one year after the date
of enactment of this subsection, whichever is later.
``(9) The Secretary shall not authorize any use of public lands by
the military department (or its equivalent) of any State if such use
would preclude or unduly restrict use of such lands by the Secretary of
Defense or the Secretary of a department within the Department of
Defense.''.
(c) Report.--No later than one year after the date of enactment of
this subsection, the Secretary concerned shall transmit to the
Committee on Interior and Insular Affairs of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate a report indicating the extent to which the Department of
Defense (or military department therein) and the military departments
(or their equivalents) of the several States (including the District of
Columbia and the Commonwealths and territories of the United States)
have been authorized since January 1, 1987, to utilize public lands as
defined in section 103 of FLPMA (other than lands withdrawn for
military purposes) or National Forest lands for training or other
purposes and concerning the terms and conditions under which such lands
may be used by such agencies.
(d) Reimbursement.--To the extent funds are made available through
appropriation, the Secretary of Defense may reimburse a State military
department (or its equivalent) for costs to such department resulting
from any requirement of this section (including amendments made to the
Act by this section) and incident to any use of lands by a National
Guard of a State or by United States Armed Forces for purposes
authorized by title 10 or title 32, United States Code, or by any other
provision of Federal law.
SEC. 3. 1956 ACT REFORM.
(a) Interchange Authority.--The first section of the 1956 Act is
amended as follows:
(1) By inserting ``except lands within a conservation
system unit or other area designated or established for
conservation or protection by proclamation, Executive order, or
Act of Congress'' after ``National Forest System lands''.
(2) By inserting ``law, including, but not limited to, the
National Environmental Policy Act of 1969, Forest and Rangeland
Renewable Resources Planning Act of 1974, the National Forest
Management Act of 1976, and'' after ``subject to any applicable
provisions of''.
(3) By striking ``whenever they shall determine that such
interchange will facilitate land management and will provide
maximum use thereof for authorized purposes''.
(4) By inserting ``with respect to interchanges involving
lands within the same State, or one-hundred-eighty days with
respect to other interchanges'' after ``forty-five days''.
(b) Determination by Secretary.--The 1956 Act is further amended by
adding at the end the following new section:
``Sec. 3. (a) The Secretary of Agriculture shall take into account
information provided by the Secretary of Defense concerning the value
for military purposes of lands proposed for transfer to the
jurisdiction of the Department of Defense, but shall exercise the
authority provided by this Act only if the Secretary of Agriculture
determines that an interchange will improve the protection and
management of the natural, cultural, or other resources and values of
the National Forest System.
``(b) For purposes of this Act, the term `conservation system unit'
means a unit of the National Wilderness Preservation System, National
Wild and Scenic Rivers System, or National Trails System, a national
monument, a national recreation area, a national scenic area, or a
national management emphasis area.''.
SEC. 4. AIRSPACE.
The first section of the Engle Act is amended as follows:
(1) By inserting ``(a)'' after ``That''.
(2) By adding at the end the following new subsections:
``(b) Airspace.--(1) Except as provided in paragraph (2) of this
subsection and notwithstanding any other provision of law or any rule,
regulation, or order issued pursuant thereto, no zone or area in the
airspace over either nonmilitary public lands or lands managed by the
Secretary of Agriculture shall be established for use by the Department
of Defense for defense purposes or to restrict or prohibit the flight
of civil aircraft.
``(2)(A) No zone or area described in paragraph (1) shall be
established until the officer or agency responsible for such an
establishment has solicited, received, and considered the views of the
Secretary of the Interior (to the extent the airspace involved is over
nonmilitary public lands) or the Secretary of Agriculture (to the
extent the airspace involved is over lands managed by such Secretary),
or both such Secretaries, with regard to the possible effects of the
proposed use of such airspace for defense purposes on the resources and
values of the affected lands and the uses of such lands, has made such
views available for review by the public, and has then afforded the
Governors of affected States, affected Indian tribes, and other members
of the public an opportunity to comment on the proposed establishment
of such zone or area.
``(B) No zone or area described in paragraph (1) over a total of
more than 5,000 acres of nonmilitary public lands or lands managed by
the Secretary of Agriculture (or of both such categories of land) shall
be established until 180 days after the officer or agency responsible
for such an establishment has submitted to the Congress a description
of the proposed zone or area and the views of the Secretary of the
Interior or the Secretary of Agriculture (or both such Secretaries),
the Governor of any affected State, any affected Indian tribes, and the
public provided to such officer or agency pursuant to subparagraph (A)
of this paragraph.
``(3) For purposes of this subsection, the following terms have the
following meanings--
``(A) the term `nonmilitary public land' means land managed
by the Secretary of the Interior (including but not limited to
lands managed by the Bureau of Land Management and the National
Park Service) or held by such Secretary in trust for any Indian
tribe and that has not been withdrawn pursuant to this Act or
otherwise reserved for military use by the Department of
Defense or the military department (or its equivalent) of any
State.
``(B) The term `defense purposes' shall not include
emergency search and rescue or firefighting activities carried
out by military personnel or through use of military aircraft.
``(c) Monitoring.--The Secretary of the Interior and the Secretary
of Agriculture shall monitor the effects of military aircraft
overflights on the resources and values of nonmilitary public lands and
of lands managed by the Secretary of Agriculture, and on visitor
enjoyment and other nonmilitary uses of such lands, and shall actively
seek the assistance of the Secretary of Defense and other appropriate
officers and agencies of the United States to resolve concerns related
to such overflights and, to the extent consistent with national
security needs to prevent, eliminate, or minimize the derogation of the
resources and values of such lands of visitor enjoyment and other
nonmilitary uses of such lands associated with military activities,
including overflights.''.
SEC. 5. INVENTORIES AND REPORTS.
(a) Existing Withdrawals.--(1) At the time of submission, pursuant
to section 114a of title 10, United States Code, of the first future-
years defense plan submitted after the date of enactment of this Act,
the Secretary and the Secretary of Defense shall submit to the Congress
an inventory of all public lands withdrawn for military purposes,
including both lands withdrawn under the Engle Act and also lands
otherwise withdrawn. The Secretary of Defense shall indicate the
purposes for which such lands were withdrawn, the uses being made of
such lands, and the justification for continuing the withdrawal of such
lands from some or all of the public land laws, including the mining,
mineral leasing, and geothermal leasing laws of the United States.
(2) To the extent that the Secretary of the Interior has available
information concerning the natural, cultural, environmental, scenic,
recreational, scientific, and other resources and values of the lands
withdrawn for military purposes.
(b) Proposed Withdrawals.--(1)(A) To the extent feasible, each
future-years defense plan required by section 114a of title 10, United
States Code, shall include an identification of public lands whose
withdrawal under the Engle Act is expected to be requested by the
Secretary of Defense or a Secretary of a department within the
Department of Defense during the years covered by such plan, together
with an explanation of the proposed use for each such withdrawal
expected to be requested.
(B) Nothing in this section shall be construed as precluding the
submission to the Secretary of the Interior or to Congress of a request
for withdrawal of public lands not identified in future-years defense
plan.
(2) At the time the President submits a budget request for the
first fiscal year beginning after the date of enactment of this Act,
and annually thereafter, the Secretary of the Interior shall submit to
the Committee on Interior and Insular Affairs of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate information concerning all proposals for withdrawal of
public lands under the Engle Act being considered by the Department of
the Interior and shall indicate which such proposals have been
submitted to the Congress and which such proposals the Secretary of the
Interior expects will be submitted to the Congress during the
succeeding calendar year. The Secretary of the Interior shall also
identify those prior withdrawals under the Engle Act which will expire
during the succeeding calendar year.
SEC. 6. TERMINATION OF MILITARY USES.
(a) Reverter.--Upon the termination of a withdrawal of public lands
under the Engle Act, or at such time as other lands previously managed
by the Secretary or the Secretary of Agriculture are no longer used for
military purposes, such lands shall revert to the jurisdiction and
management of the Secretary or the Secretary of Agriculture, as the
case may be, unless the Secretary or the Secretary of Agriculture
determines that some or all of such land is contaminated to an extent
that renders it inappropriate for such management.
(b) Contamination.--If the Secretary or the Secretary of
Agriculture determines that land described in subsection (a) is
contaminated to an extent that renders such land inappropriate for
management by the Secretary or the Secretary of Agriculture, the
Secretary of Defense shall decontaminate such lands so as to make them
appropriate for such management.
SEC. 7. ORCHARD TRAINING AREA.
Nothing in this Act, or in any amendment to another Act made by
this Act, shall be construed as imposing any restriction on use for
military purposes of lands military use of which was on July 23, 1991,
authorized pursuant to the Memorandum of Understanding #ID-237, dated
May 1985, between the State of Idaho Military Division and the Bureau
of Land Management, or on the military use of the airspace above such
lands.
HR 2080 IH----2 | Military Land Reform and Reassessment Act of 1993 - Amends the Federal Land Policy and Management Act of 1976 to authorize the Secretary of the Interior to permit: (1) the military department of any State (currently, limited to Federal departments and agencies) to use, occupy, and develop public lands, subject to specified requirements; and (2) the use of public lands within the State by the military department of one or more States for military training, equipment testing, or other authorized military activities.
Authorizes the Secretary to: (1) issue a general authorization for the military department of one or more States to use public lands for activities the Secretary finds are not likely to result in a significant degree of residual contamination of affected lands; (2) permit such use for activities that would result in a significant degree of residual contamination under specified circumstances; and (3) waive rental charges for the use of public land by a State military department for military training, equipment testing, and other authorized military activities.
Sets forth provisions regarding: (1) reporting requirements; and (2) reimbursement by the Secretary of Defense of a State military department for costs to such department incident to the use of lands by a State National Guard or by U.S. armed forces for specified purposes.
Revises provisions with respect to authority over the interchange of lands.
Sets forth provisions regarding the monitoring of, effect of, and restrictions on military aircraft overflights over nonmilitary public lands and lands managed by the Secretary of Agriculture.
Directs the Secretaries of the Interior and Defense to submit to the Congress an inventory of all public lands withdrawn for military purposes. Requires each future-years defense plan to include an identification of public lands whose withdrawal under the Engle Act is expected to be requested during the years covered by such plan.
Sets forth provisions regarding: (1) the termination of military uses of withdrawn public lands; and (2) restrictions on use for military purposes of lands in the Orchard training area, Idaho. | {"src": "billsum_train", "title": "Military Land Reform and Reassessment Act of 1993"} | 3,910 | 423 | 0.653211 | 2.132632 | 0.866095 | 4.164557 | 9.420253 | 0.918987 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Save for Success Act''.
SEC. 2. AMERICAN OPPORTUNITY TAX CREDIT SAVINGS CREDIT.
(a) In General.--Section 25A of the Internal Revenue Code of 1986
is amended by redesignating subsection (j) as subsection (k) and by
inserting after subsection (i) the following:
``(j) Special Rules Relating to AOTC Savings Credit.--
``(1) In general.--For purposes of this section, the term
`qualified tuition and related expenses' with respect to any
individual includes eligible college savings contributions for
such individual. Such contributions shall be taken into account
for purposes of subsection (i)(1)(A) before tuition and fees.
``(2) Limitation.--
``(A) In general.--The aggregate amount of
contributions with respect to an individual which may
be taken into account under paragraph (1) for a taxable
year is $250.
``(B) Phase out.--The dollar amount in subparagraph
(A) shall be reduced (but not below zero) by the amount
which bears the same ratio to such dollar amount as--
``(i) the number of percentage points (if
any) in excess of 133 percent that the
taxpayer's household income for the taxable
year is of the poverty line for a family of the
size involved, bears to
``(ii) 400 percentage points.
``(3) Terms relating to income and families.--The terms
`family size', `household income', and `poverty line' shall
have the meanings given such terms by section 36B(d).
``(4) Eligible higher education contribution.--For purposes
of paragraph (1), the term `eligible college savings
contribution' with respect to an individual means the excess
of--
``(A) contributions by the taxpayer in the taxable
year to qualified college savings accounts of which the
individual is the beneficiary, over
``(B) distributions from all such qualified college
savings accounts for the taxable year.
``(5) Qualified college savings accounts.--The term
`qualified college savings account' with respect to which such
individual is the beneficiary means--
``(A) an account under a qualified tuition program
(as defined by section 529), and
``(B) an account under a program of a State (or
political jurisdiction thereof) established exclusively
for the purpose of paying for college tuition and other
post-secondary educational expenses.
``(6) Portion of credit made refundable.--So much of the
credit allowed under subsection (a) as is attributable to this
subsection (determined after the application of subsection (i)
and without regard to this subsection and section 26(a)) shall
be treated as a credit allowable under subpart C (and not
allowed under subsection (a)). The preceding sentence shall not
apply to any taxpayer for any taxable year if such taxpayer is
a child to whom subsection (g) of section 1 applies for such
taxable year.''.
(b) AOTC Lifetime Limitation.--Section 25A(i)(2) of such Code is
amended to read as follows:
``(2) Limitation.--In lieu of subparagraphs (A) and (C) of
subsection (b)(2), the amount allowed as a credit under this
section for the taxable year with respect to an individual
shall not exceed--
``(A) $10,000, reduced
``(B) by the amount allowed under this section with
respect to such individual for all prior taxable
years.''.
(c) Pilot Program To Make Periodic Payments as College Expenses
Incurred.--Section 25A(i) of such Code is amended by adding at the end
the following:
``(8) Pilot program to make periodic payments as college
expenses incurred.--
``(A) In general.--The Secretary of the Treasury
and the Secretary of Education shall jointly establish
a program designed to make payments periodically to or
on behalf of an eligible student as the student incurs
qualified expenses during the taxable year. The total
amount that may be so paid to or on behalf of an
eligible student through this program shall not exceed
the credit which would (but for subparagraph (B)) be
allowable under this section if subsection (d) were
applied by using the taxpayer's modified adjusted gross
income for the preceding taxable year.
``(B) Credit reduced by pilot program payments.--
The credit allowable under this section (without regard
to this subparagraph) for any taxable year shall be
reduced (but not below zero) by the payments made with
respect to a student under subparagraph (A) for
expenses which would otherwise be taken into account in
determining the credit under this section for such
year.
``(C) Program participation.--Participation in the
program established under this paragraph shall be
voluntary with respect to both students and educational
institutions; except that, institutions which are
taxable under this chapter (other than by reason of
section 511) may not participate in such program.
``(D) Program period.--The program established
under this paragraph shall apply to expenses for
academic periods beginning during the 5-year period
which begins on the date which is 1 year after the date
of the enactment of this paragraph.
``(E) Payments not treated as resources for
financial aid.--Payments made under this paragraph
shall not be treated as resources for purposes of
determining the amount of any financial aid which is
funded in whole or part with Federal funds. Payments
under the program shall not be made in a manner that
would reduce the State, private, or institutional aid
available to an eligible student.
``(F) Notice of program.--Educational institutions
participating in the program established under this
paragraph shall provide appropriate notices to parents
and students of the option of payments under such
program. Such notices shall not be considered tax
advice for purposes of any Federal law or regulation.
``(G) Reporting.--The Secretary of the Treasury and
the Secretary of Education shall jointly submit annual
reports to Congress on the program established under
this subsection, together with any recommendations with
respect to such program.''.
(d) Conforming Amendment.--Section 6211(b)(4)(A) of such Code is
amended by inserting ``or (j)(6)'' after ``subsection (i)(6)''.
(e) Increased Public Awareness of American Opportunity Tax
Credit.--
(1) In general.--The Secretary of the Treasury, or the
Secretary's delegate, in consultation with the Secretary of
Education, shall establish a taxpayer awareness program to
inform the taxpaying public of the availability of the American
Opportunity Tax Credit allowed under section 25A of the
Internal Revenue Code of 1986. Such public awareness program
shall be designed to assure that individuals who may be
eligible are informed of the availability of such credit and
filing procedures.
(2) Means of communications.--
(A) In general.--The Secretary of the Treasury, or
the Secretary's delegate, in consultation with the
Secretary of Education, shall use appropriate means of
communication to carry out the provisions of this
section. The taxpayer awareness program shall include,
but not be limited to, prominent display of information
about the availability of the American Opportunity Tax
Credit on information return forms specified by such
Secretary for use by educational institutions to report
qualified tuition and related expenses incurred.
(B) Additional steps.--In addition, the Secretary
of the Treasury, or the Secretary's delegate, in
consultation with the Secretary of Education, should--
(i) make students aware of the American
Opportunity Tax Credit through the data
retrieval tool and the student aid report of
the Department of Education,
(ii) include information on the financial
aid shopping sheet,
(iii) include the American Opportunity Tax
Credit in the volunteer income tax assistance
program, and
(iv) bring awareness of the American
Opportunity Tax Credit in the Federal TRIO
Programs (commonly known as ``TRIO'') under
chapter 1 of subpart 2 of part A of title IV of
the Higher Education Act of 1965 (20 U.S.C.
1070a-11 et seq.) and in the Gaining Early
Awareness and Readiness for Undergraduate
Programs (commonly known as ``GEAR UP'') under
chapter 2 of subpart 2 of part A of title IV of
such Act (20 U.S.C. 1070a-21 et seq.).
(f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2015. | Save for Success Act This bill amends the Internal Revenue Code to: (1) modify the American Opportunity Tax Credit to include an increased credit amount for college savings contributions, and (2) direct the Departments of the Treasury and Education to jointly establish a pilot program to make periodic payments of educational expenses for a student as such expenses are incurred during the taxable year. Treasury shall establish a taxpayer awareness program to inform the public of the availability of the American Opportunity Tax Credit. | {"src": "billsum_train", "title": "Save for Success Act"} | 1,887 | 103 | 0.477708 | 1.125648 | 0.233298 | 3.25 | 18.858696 | 0.923913 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Safety and Protection Act of
1993''.
SEC. 2. SYSTEM FOR REGULATION OF HANDGUNS AND HANDGUN AMMUNITION.
(a) Definitions.--Section 921(a) of title 18, United States Code,
is amended by adding at the end the following:
``(29) The term `handgun' means any firearm, including a pistol or
revolver, that is designed to be fired by the use of a single hand, and
any combination of parts from which such a firearm can be assembled.
``(30) The term `handgun ammunition' means ammunition that is
designed for use primarily in a handgun.
``(31) The term `handgun club' means a club that is organized and
is operated for target shooting with handguns, and the term `licensed
handgun club' means a handgun club licensed under section 923(l).
``(32) The term `authorized security guard service' means a private
entity that is authorized under State and local law to conduct a
business of providing security services.''.
(b) Prohibitions.--Section 922 of such title is amended by adding
at the end the following:
``(s)(1) It shall be unlawful for any person to possess or transfer
a handgun or handgun ammunition, except as provided in this subsection.
``(2) Any of the following persons may transfer a handgun or
handgun ammunition to any other of the following persons:
``(A) A member of a licensed handgun club.
``(B) An authorized security guard service.
``(C) A person licensed under section 923.
``(3)(A) A member of a licensed handgun club may possess a handgun
or handgun ammunition on the premises of the club.
``(B) An individual authorized by a State to provide security
services and employed as a security guard may possess a handgun or
handgun ammunition within the scope of such employment.
``(C) An individual certified or commissioned as a police officer
under the laws of the United States or of any State or political
subdivision thereof may possess a handgun or handgun ammunition at any
location within the scope of the certification or commission.
``(D) A person described in paragraph (2) of this subsection may
possess a handgun or handgun ammunition owned by a person licensed
under section 923 at the location specified on the license.
``(E) A person licensed under section 923 may transport a handgun
or handgun ammunition, title to which has been lawfully transferred
under paragraph (2) of this subsection, directly to a location where
the transferee may lawfully possess the handgun or handgun ammunition,
but only in accordance with regulations prescribed by the Secretary.
``(4) Paragraph (1) shall not apply to the United States or any
department or agency thereof, or any State or any department, agency,
or political subdivision thereof.''.
(c) Licensing of Handgun Clubs.--Section 923 of such title is
amended by adding at the end the following:
``(l)(1) Any person desiring to be licensed as a handgun club may
file an application for the license with the Secretary.
``(2) The application shall be in such form and contain only such
information as the Secretary shall by regulation prescribe.
``(3) The Secretary shall approve an application for a license
under this subsection if--
``(A) the applicant is a handgun club that--
``(i) has not willfully failed to disclose any
material information required in, and has not made any
false statement as to any material fact in connection
with, the application;
``(ii) has been founded and operates for bona fide
target shooting;
``(iii) has premises from which it operates;
``(iv) maintains possession and control of the
handguns used by its members at all times when they are
not in the possession of club members;
``(v) has procedures and facilities on its premises
for keeping handguns in a secure place, under the
control of a designated officer of the club at all
times when they are not being used for target shooting;
and
``(vi) meets all requirements that the Secretary
may prescribe by regulation; and
``(B) no member of the club--
``(i) is a person whose membership and
participation in the club is in violation of State or
local law;
``(ii) is prohibited from transporting, shipping,
or receiving firearms or ammunition in interstate or
foreign commerce under subsection (g) or (h) of section
922; or
``(iii) has willfully violated this chapter or any
regulation issued under this chapter.
``(4) If the Secretary approves an application for a license under
this subsection, then, upon payment by the applicant of a $100 fee, the
Secretary shall issue to the applicant a license entitling the
applicant to operate as a licensed handgun club.
``(5) A license issued under this subsection shall expire 1 year
after the date of issuance.
``(6) The Secretary may, after notice and opportunity for a
hearing, revoke any license issued under this subsection if the holder
of the license fails to continue to meet the requirements of paragraph
(3).''.
(d) Recordkeeping; Inspections.--Section 923 of such title, as
amended by subsection (c) of this section, is amended by adding at the
end the following:
``(m) Any person who transfers a handgun or handgun ammunition
shall--
``(1) maintain a record of the transfer in such form as the
Secretary may by regulation provide; and
``(2) permit the Secretary to enter the premises of the
person (and, if the person is a member of a licensed handgun
club, the premises of the club) at reasonable times for the
purpose of inspecting the record.''.
(e) Report of Loss or Theft.--Section 923 of such title, as amended
by subsections (c) and (d) of this section, is amended by adding at the
end the following:
``(n) Not later than 30 days after a person discovers the loss by
the person or the theft from the person of a handgun, handgun
ammunition, or a record required to be maintained under this chapter,
the person shall report the loss or theft to the Secretary.''.
(f) Penalties.--Section 924(a) of such title is amended--
(1) in paragraph (1)--
(A) in the matter before subparagraph (A), by
striking ``paragraph (2) or (3) of''; and
(B) in subparagraph (B), by striking ``or (q)'' and
inserting ``(r), or (s)''; and
(2) by adding at the end the following:
``(5)(A) A person who violates section 923(n) shall pay to the
Secretary a civil penalty in an amount determined by the Secretary, of
not less than $2,000 nor more than $5,000.
``(B) A person shall pay to the Secretary a civil penalty in an
amount determined by the Secretary, of not less than $1,000 nor more
than $5,000, if the person--
``(i) violates section 922(s)(3)(E) or 923(m); or
``(ii) makes a false statement or representation with
respect to any matter covered by subsection (l) or (m) of
section 923.
``(C) Any handgun or handgun ammunition involved or used in, or
intended to be used in, a violation of this chapter or any regulation
issued under this chapter, or any violation of any other criminal law
of any State or the United States, shall be subject to seizure and
forfeiture.''.
(g) Rule of Construction.--The amendments made by this section
shall not be construed as modifying or affecting any provision of--
(1) the National Firearms Act (chapter 53 of the Internal
Revenue Code of 1956);
(2) section 414 of the Mutual Security Act of 1954 (22
U.S.C. 1934), relating to munitions control; or
(3) section 1715 of title 18, United States Code, relating
to nonmailable firearms.
(h) Effective Date.--The amendments made by this section shall
apply to conduct engaged in after the 180-day period that begins with
the date of the enactment of this Act.
SEC. 3. REPEAL OF PROHIBITIONS AGAINST RECORDING FIREARMS RECORDS AT,
OR TRANSFERRING SUCH RECORDS TO, A PUBLIC FACILITY, AND
ESTABLISHING A SYSTEM FOR REGISTRATION OF FIREARMS,
FIREARMS OWNERS, OR FIREARMS DISPOSITIONS.
Section 926(a) of title 18, United States Code, is amended by
striking the 2nd and 3rd sentences.
SEC. 4. RESTORATION OF RECORDKEEPING REQUIREMENTS FOR DEALERS SELLING
FIREARMS FROM PERSONAL COLLECTIONS.
Section 923 of title 18, United States Code, is amended--
(1) in subsection (a), by striking ``only that information
necessary to determine eligibility for licensing'' and
inserting ``such information'';
(2) in subsection (b), by striking ``only that information
necessary to determine eligibility'' and inserting ``such
information''; and
(3) in subsection (c), by striking ``: Provided, That no
other recordkeeping shall be required'' and inserting ``, and
any other recordkeeping as may be prescribed by the
Secretary''.
SEC. 5. STANDARD OF PROOF FOR REVOCATION OF FIREARMS LICENSES.
Section 923(e) of title 18, United States Code, is amended by
striking ``willfully'' each place such term appears.
SEC. 6. INCREASE IN LICENSE FEES; MORE FREQUENT EXPIRATION OF CERTAIN
LICENSES.
(a) Increase in License Fee.--Section 923(a) of title 18, United
States Code, is amended--
(1) by striking ``$1,000'' each place such term appears and
inserting ``$5,000'';
(2) by striking ``$50'' each place such term appears and
inserting ``$3,500'';
(3) by striking ``$25'' and inserting ``$500''; and
(4) by striking ``$10'' each place such term appears and
inserting ``$3,000''.
(b) Annual Expiration of Dealers' Licenses.--Section 923(c) of such
title is amended by inserting after the 1st sentence the following:
``If the qualified applicant is a dealer described in subsection
(a)(3)(C), the period stated in the license shall be 1 year.''.
SEC. 7. STATE AND LOCAL FIREARMS LICENSES REQUIRED AS A CONDITION OF
FEDERAL LICENSE TO DEAL IN FIREARMS.
(a) License Applicants.--Section 923(d)(1) of title 18, United
States Code, is amended--
(1) by striking ``and'' at the end of subparagraph (D);
(2) by striking the period at the end of subparagraph (E)
and inserting ``; and'';
(3) by adding at the end the following:
``(F) in the case of an application to engage in the
business of dealing in firearms, the applicant has obtained any
license, permit, or other document required under State or
local law to engage in such a business.''.
(b) License Holders.--Section 923(e) of such title is amended by
inserting ``or of State or local law relating to firearms,'' before
``or any rule''.
SEC. 8. PROHIBITION AGAINST DEALING IN FIREARMS FROM A PRIVATE
RESIDENCE.
Section 923(d)(1)(E)(i) of title 18, United States Code, is amended
by inserting ``, and which do not contain living quarters unless such
business is conducted or is intended to be conducted in a part of the
premises that is (and the customer entrance to such part is) wholly
separate from such living quarters'' before the comma.
SEC. 9. REGULATIONS GOVERNING SECURE STORAGE OF FIREARMS.
Section 926 of title 18, United States Code, is amended by adding
at the end the following:
``(d) The Secretary shall prescribe regulations requiring the
secure storage of firearms by licensed dealers.''.
SEC. 10. REGULATION BY THE CONSUMER PRODUCT SAFETY COMMISSION.
Section 3(a)(1) of the Consumer Product Safety Act (15 U.S.C.
2052(a)(1)) is amended--
(1) by striking subparagraph (E), and
(2) by striking ``described in subparagraph (E) of this
paragraph or''. | Public Safety and Protection Act of 1993 - Amends the Federal criminal code to prohibit the possession or transfer of a handgun or handgun ammunition, with exceptions, including: (1) transfers among members of a licensed handgun club, an authorized security guard service, and specified others licensed under the code; and (2) possession by members of a licensed handgun club on the premises of the club, by an individual authorized by a State to provide security services and employed as a security guard within the scope of employment, and by an individual certified or commissioned as a police officer under Federal, State, or local law at any location within the scope of the certification or commission. Makes such prohibition inapplicable to the United States or any department or agency thereof, or to any State or any department, agency, or political subdivision thereof.
Sets forth: (1) requirements for the licensing of handgun clubs, recordkeeping, and the inspection of the premises of such clubs, and theft and loss reporting requirements; and (2) penalties for violations, including seizure and forfeiture of handguns or handgun ammunition.
Repeals: (1) prohibitions against recording firearms records at, or transferring such records to, a public facility and against establishing a system for the registration of firearms, firearms owners, or firearms dispositions; and (2) limitations on recordkeeping for dealers selling firearms from personal collections.
Permits the Secretary of the Treasury to revoke a firearms license if the holder of such license has violated (currently, willfully violated) specified provisions of the Federal criminal code.
Increases firearms dealer license fees. Provides for annual expiration of dealers' licenses. Requires such dealers to have obtained any license, permit, or other document required under State or local law to engage in such a business as a condition of obtaining a Federal license to deal in firearms.
Prohibits dealing in firearms from a private residence, unless specified conditions are met.
Directs the Secretary to prescribe regulations requiring the secure storage of firearms by licensed dealers.
Amends the Consumer Product Safety Act to include firearms within the definition of "consumer product." | {"src": "billsum_train", "title": "Public Safety and Protection Act of 1993"} | 2,960 | 470 | 0.637774 | 1.685654 | 0.759101 | 3.878935 | 6.336562 | 0.905569 |
SECTION 1. FINDINGS.
Congress finds the following:
(1) On May 16, 2008, Secretary of State Condoleezza Rice
and Minister of Foreign Affairs of the Kingdom of Saudi Arabia
Saud al-Faisal bin Abdulaziz al-Saud signed a Memorandum of
Understanding between the Government of the United States of
America and the Government of the Kingdom of Saudi Arabia
Concerning Cooperation in Nuclear Energy and Other Energy
Fields.
(2) This Memorandum of Understanding declared an intent to
cooperate in developing ``appropriately-sized light water
reactors and fuel service arrangements for the Kingdom of Saudi
Arabia'' as well as ``civilian nuclear energy training,
infrastructure and human resource development''.
(3) Saudi Arabia possesses vast energy resources, including
the world's largest proven reserves of oil.
(4) Saudi Arabia has invested heavily in a national natural
gas distribution pipeline which will serve as the backbone of
Saudi Arabia's national electricity generation system for
decades to come.
(5) Questions about the need for oil-rich nations in the
Middle East to acquire the equipment and expertise to generate
nuclear power have been raised in the past, notably in 2004,
when Vice President Dick Cheney said, ``[Iran is] already
sitting on an awful lot of oil and gas. No one can figure out
why they need nuclear, as well, to generate energy''.
(6) Saudi Arabia possesses even greater petroleum resources
than does Iran.
(7) The development of nuclear energy technologies by the
Kingdom of Saudi Arabia does not appear to have a compelling
economic rationale, particularly because Saudi Arabia has
additional indigenous energy advantages besides petroleum
reserves, such as an average of more than 300 days of exposure
to full sunlight every year, giving it a rich solar electricity
generation potential.
(8) The proliferation of nuclear technology in the Middle
East will increase that region's instability, and prevent the
establishment of a durable and lasting security framework.
SEC. 2. SENSE OF CONGRESS.
Congress--
(1) affirms the strong and historic ties between the
Government of the United States of America and the Government
of the Kingdom of Saudi Arabia;
(2) disapproves of the Memorandum of Understanding between
the Government of the United States of America and the
Government of the Kingdom of Saudi Arabia Concerning
Cooperation in Nuclear Energy and Other Energy Fields signed by
Secretary of State Condoleezza Rice and Minister of Foreign
Affairs of the Kingdom of Saudi Arabia Saud al-Faisal bin
Abdulaziz al-Saud on May 16, 2008, at Riyadh;
(3) encourages the Government of the United States of
America and the Government of the Kingdom of Saudi Arabia to
enter into full cooperation in the development of renewable
energy sources in Saudi Arabia, including a solar energy
program that takes advantage of that country's strong solar
energy potential; and
(4) reiterates that the United States is committed to the
nonproliferation of nuclear weapons and to preventing the
acquisition of nuclear weapons by the Islamic Republic of Iran.
SEC. 3. RESTRICTION ON NUCLEAR COOPERATION WITH THE KINGDOM OF SAUDI
ARABIA.
(a) Restriction on Nuclear Cooperation Agreement.--Notwithstanding
any other provision of law or any international agreement, no agreement
for cooperation between the United States of America and the Kingdom of
Saudi Arabia pursuant to section 123 of the Atomic Energy Act of 1954
(42 U.S.C. 2153) may enter into force on or after the date of the
enactment of this Act.
(b) Restriction on Exports of Nuclear Materials, Equipment, or
Technology.--Notwithstanding any other provision of law, including
specifically section 121 of the Atomic Energy Act of 1954 (42 U.S.C.
2151), no nuclear materials and equipment or sensitive nuclear
technology, including items and assistance authorized by section 57 b.
of such Act (42 U.S.C. 2077(b)) and regulated under part 810 of title
10, Code of Federal Regulations, and nuclear-related items on the
Commerce Control List maintained under part 774 of title 15, Code of
Federal Regulations, shall be exported or reexported, or transferred or
retransferred, whether directly or indirectly, and no Federal agency
shall issue any license, approval, or authorization for the export or
reexport, or transfer or retransfer, whether directly or indirectly, of
these items or assistance (as defined in this subsection) to the
Kingdom of Saudi Arabia if the end user is a nuclear production or
utilization facility, or if the President determines that the material,
equipment, technology, or item may be diverted for use in such a
facility. | Affirms the strong and historic ties between the United States and the Kingdom of Saudi Arabia.
Disapproves of the May 2008 Memorandum of Understanding between the government of the United States of America and the government of the Kingdom of Saudi Arabia Concerning Cooperation in Nuclear Energy and Other Energy Fields.
Reiterates that the United States is committed to nuclear weapons nonproliferation and to preventing the Islamic Republic of Iran's acquisition of nuclear weapons.
States that: (1) no agreement for nuclear cooperation between the United States and the Kingdom of Saudi Arabia may enter into force on or after the date of the enactment of this Act; and (2) no nuclear materials and equipment or sensitive nuclear technology shall be exported or reexported, or transferred or retransferred, and no federal agency shall issue any license or authorization for the export or reexport, or transfer or retransfer of these items or assistance to the Kingdom of Saudi Arabia if the end user is a nuclear production or utilization facility, or if the President determines that the material, equipment, technology, or item may be diverted to such a facility. | {"src": "billsum_train", "title": "To restrict nuclear cooperation with the Kingdom of Saudi Arabia."} | 1,001 | 245 | 0.566638 | 1.959499 | 0.878707 | 6.528846 | 4.466346 | 1 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Equity for Reservists Pay Act of
2003''.
SEC. 2. NONREDUCTION IN PAY WHILE FEDERAL EMPLOYEE IS SERVING ON ACTIVE
DUTY IN A RESERVE COMPONENT OF THE UNIFORMED SERVICES.
(a) In General.--Subchapter IV of chapter 55 of title 5, United
States Code, is amended by adding at the end the following new section:
``Sec. 5538. Nonreduction in pay while serving on active duty in a
reserve component
``(a) An employee who is also a member of a reserve component and
is absent from a position of employment with the Federal Government
under a call or order to serve on active duty for a period of more than
30 days shall be entitled to receive, for each pay period described in
subsection (b), an amount equal to the difference (if any) between--
``(1) the amount of civilian basic pay that would otherwise
have been payable to the employee for such pay period if the
employee's civilian employment with the Government had not been
interrupted by the service on active duty; and
``(2) the amount of military compensation that is payable
to the employee for the service on active duty and is allocable
to such pay period.
``(b)(1) Amounts under this section shall be payable with respect
to each pay period (which would otherwise apply if the employee's
civilian employment had not been interrupted) that occurs--
``(A) while the employee serves on active duty for a period
of more than 30 days;
``(B) while the employee is hospitalized for, or
convalescing from, an illness or injury incurred in, or
aggravated during, the performance of such active duty; or
``(C) during the 14-day period beginning at the end of such
active duty or the end of the period referred to in
subparagraph (B).
``(2) Paragraph (1) shall not apply with respect to a pay period
for which the employee receives civilian basic pay (including by taking
any annual, military, or other paid leave) to which the employee is
entitled by virtue of the employee's civilian employment with the
Government.
``(c) Any amount payable under this section to an employee shall be
paid--
``(1) by employing agency of the employee;
``(2) from the appropriations or fund that would be used to
pay the employee if the employee were in a pay status; and
``(3) to the extent practicable, at the same time and in
the same manner as would civilian basic pay if the employee's
civilian employment had not been interrupted.
``(d) In consultation with Secretary of Defense, the Office of
Personnel Management shall prescribe such regulations as may be
necessary to carry out this section.
``(e)(1) In consultation with the Office, the head of each agency
referred to in section 2302(a)(2)(C)(ii) of this title shall prescribe
procedures to ensure that the rights under this section apply to the
employees of such agency.
``(2) The Administrator of the Federal Aviation Administration
shall, in consultation with the Office, prescribe procedures to ensure
that the rights under this section apply to the employees of that
agency.
``(f) In this section:
``(1) The terms `active duty for a period of more than 30
days', `member', and `reserve component' have the meanings
given such terms in section 101 of title 37.
``(2) The term `civilian basic pay' includes any amount
payable under section 5304 of this title.
``(3) The term `employing agency', as used with respect to
an employee entitled to any payments under this section, means
the agency or other entity of the Government (including an
agency referred to in section 2302(a)(2)(C)(ii) of this title)
with respect to which the employee has reemployment rights
under chapter 43 of title 38.
``(4) The term `military compensation' has the meaning
given the term `pay' in section 101(21) of title 37.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 55 of title 5, United States Code, is amended by inserting
after the item relating to section 5537 the following new item:
``5538. Nonreduction in pay while serving on active duty in a reserve
component.''.
(c) Application of Amendment.--Section 5538 of title 5, United
States Code, as added by subsection (a), shall apply with respect to
pay periods (as described in subsection (b) of such section) beginning
on or after the date of the enactment of this Act.
SEC. 3. ASSISTANCE FOR STATE AND LOCAL GOVERNMENTS THAT CONTINUE TO PAY
EMPLOYEES WHO SERVE ON ACTIVE DUTY IN A RESERVE COMPONENT
OF THE UNIFORMED SERVICES.
(a) In General.--Chapter 17 of title 37, United States Code, is
amended by adding at the end the following new section:
``Sec. 910. Assistance for State and local governments that continue to
pay employees who serve on active duty
``(a) Continuation of Civilian Basic Pay.--It is the purpose of
this section to encourage States and local governments to continue to
pay a portion of the civilian compensation of those employees who are
also members of a reserve component and are absent from a position of
employment with the State or local government under a call or order to
serve on active duty for a period of more than 30 days so that the
employees receive compensation in an amount that, when taken together
with their military pay, is at least equal to their civilian
compensation.
``(b) Reimbursement Offered.--(1) At the request of a State or
local government that continues to pay all or a portion of the civilian
compensation of an employee described in subsection (a), the Secretary
concerned shall reimburse the State or local government for 50 percent
of the civilian compensation paid by the State or local government for
each pay period described in subsection (c), but not to exceed 50
percent of the difference (if any) between--
``(A) the amount of civilian compensation that would
otherwise have been payable to the employee for such pay period
if the employee's civilian employment with the State or local
government had not been interrupted by the service on active
duty; and
``(B) the amount of military pay that is payable to the
employee for the service on active duty and is allocable to
such pay period.
``(2) If the pay periods described in subsection (c) extend more
than nine consecutive months after the first day of the first month
during which the employee began to serve on active duty for a period of
more than 30 days, the reimbursement rate shall become 100 percent for
the subsequent payments. However, as is the case under paragraph (1),
reimbursement shall be provided only for the difference (if any)
between--
``(A) the amount of civilian compensation that would
otherwise have been payable to the employee for such pay period
if the employee's civilian employment with the State or local
government had not been interrupted by the service on active
duty; and
``(B) the amount of military pay that is payable to the
employee for the service on active duty and is allocable to
such pay period.
``(c) Pay Periods.--Reimbursement shall be provided under this
section with respect to each pay period (which would otherwise apply if
the employee's civilian employment had not been interrupted) that
occurs--
``(1) while the employee serves on active duty for a period
of more than 30 days;
``(2) while the employee is hospitalized for, or
convalescing from, an illness or injury incurred in, or
aggravated during, the performance of such active duty; or
``(3) during the 14-day period beginning at the end of such
active duty or the end of the period referred to in
subparagraph (B).
``(d) Effect of Failure to Return to Employment.--(1) If an
employee described in subsection (a), with respect to whom
reimbursement is provided to a State or local government under this
section, fails to report or apply for employment or reemployment with
the State or local government by the end of the period referred to in
subsection (c)(3), the employee shall refund to the Secretary concerned
the total amount of the reimbursement provided with respect to the
employee.
``(2) Subject to paragraph (3), an obligation to refund moneys to
the United States imposed under paragraph (1) is for all purposes a
debt owed to the United States.
``(3) The Secretary concerned may waive, in whole or in part, a
refund required under paragraph (1) if the Secretary concerned
determines that recovery would be against equity and good conscience or
would be contrary to the best interests of the United States.
``(4) A discharge in bankruptcy under title 11 that is entered less
than five years after the end of the period referred to in subsection
(c)(3) does not discharge the employee from a debt arising under
paragraph (1). This paragraph applies to any case commenced under title
11 after the date of the enactment of this section.
``(e) Regulations.--The Secretaries concerned shall prescribe
regulations to carry out this section.
``(f) Definitions.--In this section:
``(1) The term `civilian compensation' means the wages or
salary that an employee of a State or local government normally
receives from the employee's employment by the State or local
government.
``(2) The term `local government' means an agency or
political subdivision of a State.
``(3) The term `military pay' has the meaning given the
term `pay' in section 101(21) of this title.
``(4) The term `State' means each of the several States of
the United States, the District of Columbia, the Commonwealth
of Puerto Rico, Guam, the Virgin Islands, and other territories
or possessions of the United States.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 17 of title 37, United States Code, is amended by inserting
after the item relating to section 909 the following new item:
``910. Assistance for State and local governments that continue to pay
employees who serve on active duty.''.
(c) Application of Amendment.--Section 910 of title 37, United
States Code, as added by subsection (a), shall apply with respect to
pay periods (as described in subsection (b) of such section) beginning
on or after the date of the enactment of this Act.
SEC. 4. ACTIVE-DUTY RESERVE COMPONENT EMPLOYEE CREDIT ADDED TO GENERAL
BUSINESS CREDIT.
(a) Addition of Credit.--Subpart D of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 (relating to business-
related credits) is amended by adding at the end the following new
section:
``SEC. 45G. ACTIVE-DUTY RESERVE COMPONENT EMPLOYEE CREDIT.
``(a) General Rule.--For purposes of section 38, in the case of an
employer, the active-duty reserve component employee credit determined
under this section for the taxable year is an amount equal to 50
percent of the compensation paid by the employer to an employee who is
also a member of a reserve component during the taxable year when the
employee was absent from employment for a reason described in
subsection (b), but not to exceed 50 percent of the difference (if any)
between--
``(1) the amount of compensation that would otherwise have
been payable to the employee during such absence if the
employee's employment with the employer had not been
interrupted by the employee's absence; and
``(2) the amount of military pay that is payable to the
employee during the absence.
``(b) Covered Pay Periods.--Subsection (a) shall apply with respect
to an employee who is also a member of a reserve component--
``(1) while the employee serves on active duty for a period
of more than 30 days;
``(2) while the employee is hospitalized for, or
convalescing from, an illness or injury incurred in, or
aggravated during, the performance of such active duty; or
``(3) during the 14-day period beginning at the end of such
active duty or the end of the period referred to in
subparagraph (B).
``(c) Limitation.--No credit shall be allowed under subsection (a)
with respect to an employee on any day on which the employee was not
scheduled to work (for a reason other than such service on active duty)
and ordinarily would not have worked.
``(d) Definitions.--For purposes of this section--
``(1) The terms `active duty for a period of more than 30
days', `member', and `reserve component' have the meanings
given such terms in section 101 of title 37, United States
Code.
``(2) The term `compensation' means any remuneration for
employment, whether in cash or in kind, which is paid or
incurred by a taxpayer and which is deductible from the
taxpayer's gross income under section 162(a)(1).''.
(b) Credit To Be Part of General Business Credit.--Subsection (b)
of section 38 of such Code (relating to general business credit) is
amended by striking ``plus'' at the end of paragraph (14), by striking
the period at the end of paragraph (15) and inserting ``, plus'', and
by adding at the end the following new paragraph:
``(16) the active-duty reserve component employee credit
determined under section 45G(a).''.
(c) Conforming Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 45F the
following new item:
``Sec. 45G. Active-duty reserve component
employee credit.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001. | Equity for Reservists Pay Act of 2003 - Entitles a Federal employee who is also a member of the reserves and who is absent from his or her civilian employment position under a call or order for active duty service of more than 30 days, to receive an amount equal to the difference in pay between the military compensation received and the civilian compensation that otherwise would have been received during such period. Makes such amounts also payable during: (1) any period of hospitalization or convalescence required as a result of such service; and (2) the 14-day period following such service.Directs the Secretary of the military department concerned to reimburse a State or local government for 50 percent of the civilian compensation paid by such government for pay periods when a State or local government employee is performing active duty service of more than 30 days. Increases such rate to 100 percent if the employee's active duty service period extends beyond nine months. Requires such reimbursement during periods of hospitalization or convalescence and for 14 days after service.Amends the Internal Revenue Code to provide that, for purposes of the general business credit, the Active-Duty Reserve Component employee credit is 50 percent of the compensation paid by the employer to the employee during the period of active duty. | {"src": "billsum_train", "title": "To provide compensation to members of the reserve components who suffer discrepancies between their military and nonmilitary compensation as a result of being ordered to serve on active duty for a period of more than 30 days, and for other purposes."} | 3,166 | 268 | 0.695622 | 1.990387 | 0.939205 | 2.874477 | 12.506276 | 0.90795 |
SECTION 1. FINDINGS.
The Congress makes the following findings:
(1) Michael Ellis DeBakey, M.D. was born on September 7,
1908 in Lake Charles, Louisiana, to Shaker and Raheeja DeBakey.
(2) Dr. DeBakey, at the age of 23 and still a medical
student, reported a major invention, a roller pump for blood
transfusions, which later became a major component of the
heart-lung machine used in the first successful open-heart
operation.
(3) Even though Dr. DeBakey had already achieved a national
reputation as an authority on vascular disease and had a
promising career as a surgeon and teacher, he volunteered for
military service during World War II, joining the Surgeon
General's staff and rising to the rank of Colonel and Chief of
the Surgical Consultants Division.
(4) As a result of this first-hand knowledge of military
service, Dr. DeBakey made numerous recommendations for the
proper staged management of war wounds, which led to the
development of mobile army surgical hospitals or MASH units and
earned Dr. DeBakey the Legion of Merit in 1945.
(5) After the war, Dr. DeBakey proposed the systematic
medical follow-up of veterans and recommended the creation of
specialized medical centers in different areas of the United
States to treat wounded military personnel returning from war
and from this recommendation evolved the Veterans Affairs
Medical Center System and the establishment of the Commission
on Veterans Medical Problems of the National Research Council.
(6) In 1948, Dr. DeBakey joined the Baylor University
College of Medicine, where he developed the first surgical
residency program in the City of Houston, and today, guided by
Dr. DeBakey's vision, the College is one of the most respected
health science centers in the Nation.
(7) In 1953, Dr. DeBakey performed the first successful
procedures to treat patients who suffered aneurysms leading to
severe strokes, and he later developed a series of innovative
surgical techniques for the treatment of aneurysms enabling
thousands of lives to be saved in the years ahead.
(8) In 1964, Dr. DeBakey triggered the most explosive era
in modern cardiac surgery, when he performed the first
successful coronary bypass, once again paving the way for
surgeons world-wide to offer hope to thousands of patients who
might otherwise succumb to heart disease.
(9) Two years later, Dr. DeBakey made medical history
again, when he was the first to successfully use a partial
artificial heart to solve the problems of a patient who could
not be weaned from a heart-lung machine following open-heart
surgery.
(10) In 1968, Dr. DeBakey supervised the first successful
multi-organ transplant, in which a heart, both kidneys, and
lung were transplanted from a single donor into 4 separate
recipients.
(11) In 1964, President Lyndon B. Johnson appointed Dr.
DeBakey to the position of Chairman of the President's
Commission on Heart Disease, Cancer and Stroke, leading to the
creation of Regional Medical Programs established ``to
encourage and assist in the establishment of regional
cooperative arrangements among medical schools, research
institutions, and hospitals, for research and training.''.
(12) In the mid-1960's, Dr. DeBakey pioneered the field of
telemedicine with the first demonstration of open-heart surgery
to be transmitted overseas by satellite.
(13) In 1969, Dr. DeBakey was elected the first President
of Baylor College of Medicine.
(14) In 1969, President Lyndon B. Johnson bestowed on Dr.
DeBakey the Presidential Medal of Freedom with Distinction, and
in 1985, President Ronald Reagan conferred on him the National
Medal of Science.
(15) Working with NASA engineers, he refined existing
technology to create the DeBakey Ventricular Assist Device,
one-tenth the size of current versions, which may eliminate the
need for heart transplantation in some patients.
SEC. 2. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--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 Michael Ellis
DeBakey, M.D., in recognition of his many outstanding contributions to
the Nation.
(b) Design and Striking.--For purposes of the presentation referred
to in subsection (a), the Secretary of the Treasury (referred to in
this Act as the ``Secretary'') shall strike a gold medal 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
medal struck pursuant to section 2 under such regulations as the
Secretary may prescribe, at a price sufficient to cover the cost
thereof, including labor, materials, dies, use of machinery, and
overhead expenses, and the cost of the gold medal.
SEC. 4. STATUS OF 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. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE.
(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 costs of the medals struck
pursuant to this Act.
(b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals authorized under section 3 shall be deposited into the
United States Mint Public Enterprise Fund. | Directs the Speaker of the House of Representatives and the President Pro Tempore of the Senate to arrange for the presentation of a congressional gold medal to Michael Ellis DeBakey, M.D. (who performed the first successful coronary bypass, pioneered the field of telemedicine, was elected the first President of Baylor College of Medicine, and received the Presidential Medal of Freedom with Distinction and the National Medal of Science) in recognition of his many outstanding contributions to the Nation. | {"src": "billsum_train", "title": "To award a congressional gold medal to Michael Ellis DeBakey, M.D."} | 1,313 | 105 | 0.441226 | 1.548865 | 0.311665 | 4.388235 | 13.647059 | 0.976471 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hydroelectric Licensing Process
Improvement Act of 1999''.
SEC. 2. FINDINGS.
Congress finds that--
(1) hydroelectric power is an irreplaceable source of
clean, economic, renewable energy with the unique capability of
supporting reliable electric service while maintaining
environmental quality;
(2) hydroelectric power is the leading renewable energy
resource of the United States;
(3) hydroelectric power projects provide multiple benefits
to the United States, including recreation, irrigation, flood
control, water supply, and fish and wildlife benefits;
(4) in the next 15 years, the bulk of all non-Federal
hydroelectric power capacity in the United States is due to be
relicensed by the Federal Energy Regulatory Commission;
(5) the process of licensing hydroelectric projects by the
Commission--
(A) does not produce optimal decisions, because the
agencies that participate in the process are not
required to consider the full effects of their
mandatory and recommended conditions on a license;
(B) is inefficient, in part because agencies do not
always submit their mandatory and recommended
conditions by a time certain;
(C) is burdened by uncoordinated environmental
reviews and duplicative permitting authority; and
(D) is burdensome for all participants and too
often results in litigation; and
(6) while the alternative licensing procedures available to
applicants for hydroelectric project licenses provide important
opportunities for the collaborative resolution of many of the
issues in hydroelectric project licensing, those procedures are
not appropriate in every case and cannot substitute for
statutory reforms of the hydroelectric licensing process.
SEC. 3. PURPOSE.
The purpose of this Act is to achieve the objective of relicensing
hydroelectric power projects to maintain high environmental standards
while preserving low cost power by--
(1) requiring agencies to consider the full effects of
their mandatory and recommended conditions on a hydroelectric
power license and to document the consideration of a broad
range of factors;
(2) requiring the Federal Energy Regulatory Commission to
impose deadlines by which Federal agencies must submit proposed
mandatory and recommended conditions to a license; and
(3) making other improvements in the licensing process.
SEC. 4. PROCESS FOR CONSIDERATION BY FEDERAL AGENCIES OF CONDITIONS TO
LICENSES.
(a) In General.--Part I of the Federal Power Act (16 U.S.C. 791a et
seq.) is amended by adding at the end the following:
``SEC. 32. PROCESS FOR CONSIDERATION BY FEDERAL AGENCIES OF CONDITIONS
TO LICENSES.
``(a) Definitions.--In this section:
``(1) Condition.--The term `condition' means--
``(A) a condition to a license for a project on a
Federal reservation determined by a consulting agency
for the purpose of the first proviso of section 4(e);
and
``(B) a prescription relating to the construction,
maintenance, or operation of a fishway determined by a
consulting agency for the purpose of the first sentence
of section 18.
``(2) Consulting agency.--The term `consulting agency'
means--
``(A) in relation to a condition described in
paragraph (1)(A), the Federal agency with
responsibility for supervising the reservation; and
``(B) in relation to a condition described in
paragraph (1)(B), the Secretary of the Interior or the
Secretary of Commerce, as appropriate.
``(b) Factors To Be Considered.--
``(1) In general.--In determining a condition, a consulting
agency shall take into consideration--
``(A) the impacts of the condition on--
``(i) economic and power values;
``(ii) electric generation capacity and
system reliability;
``(iii) air quality (including
consideration of the impacts on greenhouse gas
emissions); and
``(iv) drinking, flood control, irrigation,
navigation, or recreation water supply;
``(B) compatibility with other conditions to be
included in the license, including mandatory conditions
of other agencies, when available; and
``(C) means to ensure that the condition addresses
only direct project environmental impacts, and does so
at the lowest project cost.
``(2) Documentation.--
``(A) In general.--In the course of the
consideration of factors under paragraph (1) and before
any review under subsection (e), a consulting agency
shall create written documentation detailing, among
other pertinent matters, all proposals made, comments
received, facts considered, and analyses made regarding
each of those factors sufficient to demonstrate that
each of the factors was given full consideration in
determining the condition to be submitted to the
Commission.
``(B) Submission to the commission.--A consulting
agency shall include the documentation under
subparagraph (A) in its submission of a condition to
the Commission.
``(c) Scientific Review.--
``(1) In general.--Each condition determined by a
consulting agency shall be subjected to appropriately
substantiated scientific review.
``(2) Data.--For the purpose of paragraph (1), a condition
shall be considered to have been subjected to appropriately
substantiated scientific review if the review--
``(A) was based on current empirical data or field-
tested data; and
``(B) was subjected to peer review.
``(d) Relationship to Impacts on Federal Reservation.--In the case
of a condition for the purpose of the first proviso of section 4(e),
each condition determined by a consulting agency shall be directly and
reasonably related to the impacts of the project within the Federal
reservation.
``(e) Administrative Review.--
``(1) Opportunity for review.--Before submitting to the
Commission a proposed condition, and at least 90 days before a
license applicant is required to file a license application
with the Commission, a consulting agency shall provide the
proposed condition to the license applicant and offer the
license applicant an opportunity to obtain expedited review
before an administrative law judge or other independent
reviewing body of--
``(A) the reasonableness of the proposed condition
in light of the effect that implementation of the
condition will have on the energy and economic values
of a project; and
``(B) compliance by the consulting agency with the
requirements of this section, including the requirement
to consider the factors described in subsection (b)(1).
``(2) Completion of review.--
``(A) In general.--A review under paragraph (1)
shall be completed not more than 180 days after the
license applicant notifies the consulting agency of the
request for review.
``(B) Failure to make timely completion of
review.--If review of a proposed condition is not
completed within the time specified by subparagraph
(A), the Commission may treat a condition submitted by
the consulting agency as a recommendation is treated
under section 10(j).
``(3) Remand.--If the administrative law judge or reviewing
body finds that a proposed condition is unreasonable or that
the consulting agency failed to comply with any of the
requirements of this section, the administrative law judge or
reviewing body shall--
``(A) render a decision that--
``(i) explains the reasons for a finding
that the condition is unreasonable and may make
recommendations that the administrative law
judge or reviewing body may have for the
formulation of a condition that would not be
found unreasonable; or
``(ii) explains the reasons for a finding
that a requirement was not met and may describe
any action that the consulting agency should
take to meet the requirement; and
``(B) remand the matter to the consulting agency
for further action.
``(4) Submission to the commission.--Following
administrative review under this subsection, a consulting
agency shall--
``(A) take such action as is necessary to--
``(i) withdraw the condition;
``(ii) formulate a condition that follows
the recommendation of the administrative law
judge or reviewing body; or
``(iii) otherwise comply with this section;
and
``(B) include with its submission to the Commission
of a proposed condition--
``(i) the record on administrative review;
and
``(ii) documentation of any action taken
following administrative review.
``(f) Submission of Final Condition.--
``(1) In general.--After an applicant files with the
Commission an application for a license, the Commission shall
set a date by which a consulting agency shall submit to the
Commission a final condition.
``(2) Limitation.--Except as provided in paragraph (3), the
date for submission of a final condition shall be not later
than 1 year after the date on which the Commission gives the
consulting agency notice that a license application is ready
for environmental review.
``(3) Default.--If a consulting agency does not submit a
final condition to a license by the date set under paragraph
(1)--
``(A) the consulting agency shall not thereafter
have authority to recommend or establish a condition to
the license; and
``(B) the Commission may, but shall not be required
to, recommend or establish an appropriate condition to
the license that--
``(i) furthers the interest sought to be
protected by the provision of law that
authorizes the consulting agency to propose or
establish a condition to the license; and
``(ii) conforms to the requirements of this
Act.
``(4) Extension.--The Commission may make 1 extension, of
not more than 30 days, of a deadline set under paragraph (1).
``(g) Analysis by the Commission.--
``(1) Economic analysis.--The Commission shall conduct an
economic analysis of each condition submitted by a consulting
agency to determine whether the condition would render the
project uneconomic.
``(2) Consistency with this section.--In exercising
authority under section 10(j)(2), the Commission shall consider
whether any recommendation submitted under section 10(j)(1) is
consistent with the purposes and requirements of subsections
(b) and (c) of this section.
``(h) Commission Determination on Effect of Conditions.--When
requested by a license applicant in a request for rehearing, the
Commission shall make a written determination on whether a condition
submitted by a consulting agency--
``(1) is in the public interest, as measured by the impact
of the condition on the factors described in subsection (b)(1);
``(2) was subjected to scientific review in accordance with
subsection (c);
``(3) relates to direct project impacts within the
reservation, in the case of a condition for the first proviso
of section 4(e);
``(4) is reasonable;
``(5) is supported by substantial evidence; and
``(6) is consistent with this Act and other terms and
conditions to be included in the license.''.
(b) Conforming and Technical Amendments.--
(1) Section 4.--Section 4(e) of the Federal Power Act (16
U.S.C. 797(e)) is amended--
(A) in the first proviso of the first sentence by
inserting after ``conditions'' the following: ``,
determined in accordance with section 32,''; and
(B) in the last sentence, by striking the period
and inserting ``(including consideration of the impacts
on greenhouse gas emissions)''.
(2) Section 18.--Section 18 of the Federal Power Act (16
U.S.C. 811) is amended in the first sentence by striking
``prescribed by the Secretary of Commerce'' and inserting
``prescribed, in accordance with section 32, by the Secretary
of the Interior or the Secretary of Commerce, as appropriate''.
SEC. 5. COORDINATED ENVIRONMENTAL REVIEW PROCESS.
Part I of the Federal Power Act (16 U.S.C. 791a et seq.) (as
amended by section 3) is amended by adding at the end the following:
``SEC. 33. COORDINATED ENVIRONMENTAL REVIEW PROCESS.
``(a) Lead Agency Responsibility.--The Commission, as the lead
agency for environmental reviews under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) for projects licensed under
this part, shall conduct a single consolidated environmental review--
``(1) for each such project; or
``(2) if appropriate, for multiple projects located in the
same area.
``(b) Consulting Agencies.--In connection with the formulation of a
condition in accordance with section 32, a consulting agency shall not
perform any environmnental review in addition to any environmental
review performed by the Commission in connection with the action to
which the condition relates.
``(c) Deadlines.--
``(1) In general.--The Commission shall set a deadline for
the submission of comments by Federal, State, and local
government agencies in connection with the preparation of any
environmental impact statement or environmental assessment
required for a project.
``(2) Considerations.--In setting a deadline under
paragraph (1), the Commission shall take into consideration--
``(A) the need of the license applicant for a
prompt and reasonable decision;
``(B) the resources of interested Federal, State,
and local government agencies; and
``(C) applicable statutory requirements.''.
SEC. 6. STUDY OF SMALL HYDROELECTRIC PROJECTS.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Federal Energy Regulatory Commission shall
submit to the Committee on Energy and Natural Resources of the Senate
and the Committee on Commerce of the House of Representatives a study
of the feasibility of establishing a separate licensing procedure for
small hydroelectric projects.
(b) Definition of Small Hydroelectric Project.--The Commission may
by regulation define the term ``small hydroelectric project'' for the
purpose of subsection (a), except that the term shall include at a
minimum a hydroelectric project that has a generating capacity of 5
megawatts or less. | Prescribes implementation guidelines, including scientific and administrative review, and coordinated environmental review by the Federal Energy Regulatory Commission (FERC) as the designated lead agency.
Directs FERC to submit a feasibility study to certain congressional committees congressional committees regarding the establishment of a special licensing procedure for small hydroelectric projects (projects with a generating capacity of five megawatts or less). | {"src": "billsum_train", "title": "Hydroelectric Licensing Process Improvement Act of 1999"} | 3,106 | 84 | 0.471783 | 1.259716 | 0.465499 | 2 | 42.588235 | 0.794118 |
SECTION 1. REDEPLOYMENT OF UNITED STATES FORCES FROM IRAQ.
(a) Redeployment of United States Forces From Iraq.--The President
shall complete the redeployment of United States forces from Iraq
within one year of the date of the enactment of this Act, in accordance
with a schedule negotiated with the Government of Iraq, leaving
thereafter in Iraq only the minimal number of United States forces that
are critical to--
(1) completing the mission of standing up Iraqi security
forces;
(2) conducting targeted and specialized counter-terrorism
operations; and
(3) protecting United States facilities and personnel.
(b) Change of Priorities to Training Iraqi Security Forces.--The
President shall--
(1) immediately change United States military priorities in
Iraq by giving the highest priority to the training, equipping,
advising, and support of Iraqi security forces; and
(2) accelerate the redeployment of United States forces
within Iraq to rear-guard, garrisoned status for security back-
up, border security, training, and emergency response.
(c) Enforcement of Benchmarks.--The President shall enforce
benchmarks tied to specific dates for progress, as agreed upon by the
Government of Iraq, in meeting key objectives on national
reconciliation, security, and governance in Iraq, by conditioning
United States political, military, and economic assistance to Iraq on
meeting such benchmarks.
(d) Maintenance of Over-the-Horizon Troop Presence.--The President
shall maintain an over-the-horizon troop presence in the Middle East
region to prosecute the war on terror and protect regional security
interests.
(e) Statement of No Permanent United States Military Bases in
Iraq.--The President shall state publicly that the United States does
not seek to establish or maintain any permanent military bases in Iraq.
SEC. 2. DIPLOMATIC INITIATIVES ON IRAQ.
(a) Summits.--
(1) In general.--The President shall work with the leaders
of the Government of Iraq, and engage in the diplomacy
necessary, to convene, as soon as possible, a summit, or series
of summits for the purpose of reaching a sustainable agreement
on Iraq that engenders the support of Sunnis, Shias, and Kurds
by--
(A) ensuring the equitable distribution of the oil
revenues of Iraq;
(B) disbanding militias in Iraq;
(C) strengthening internal security and deterring
foreign interference in Iraq;
(D) reviving reconstruction efforts in Iraq and
fulfilling related international economic aid
commitments with respect to Iraq;
(E) securing the borders of Iraq;
(F) supporting the national reconciliation
commission of Iraq;
(G) reintegrating former Ba'athists into Iraqi
society;
(H) resolving the final status of Kirkuk; and
(I) providing for a sustainable federalist
structure in Iraq.
(2) Participants.--Participants in the summit or summits
under this subsection should include the following:
(A) Leaders of the governments of each country
bordering Iraq, including Turkey, Iran, and Syria.
(B) Representatives of the Arab League.
(C) The Secretary General of the North Atlantic
Treaty Organization.
(D) Representatives of the European Union.
(E) Leaders of the governments of each permanent
member of the United Nations Security Council.
(b) Establishment of International Support Group for Iraq.--
(1) In general.--The President shall organize, as soon as
possible, an international support group for Iraq for the
purpose of working collectively to bring stability to Iraq.
(2) Participants.--The international support group under
this subsection should consist of the following:
(A) Each country bordering Iraq, including Turkey,
Iran, and Syria.
(B) Representative countries from the Arab League.
(C) The Secretary General of the North Atlantic
Treaty Organization.
(D) Representatives countries from the European
Union.
(E) Each permanent member of the United Nations
Security Council.
(c) Establishment of Regional Security Alliance.--The President
shall create a new regional security alliance that strengthens the
security of United States allies in the Middle East region through a
phased process that includes enhanced security assistance programs,
joint exercises, and coordinated diplomatic initiatives.
SEC. 3. RECONSTRUCTION INITIATIVES IN IRAQ.
(a) Senior Advisor for Economic Reconstruction in Iraq.--
(1) Appointment.--The President shall appoint a senior
advisor to oversee the coordination of reconstruction efforts
in Iraq among United States agencies, Iraq agencies, and
international partners (including the World Bank, the
International Monetary Fund, and international humanitarian
agencies) in order to foster greater United States interagency
cooperation on Iraq and avoid duplicative programs and
activities in the reconstruction of Iraq.
(2) Report to president.--The senior advisor appointed
under paragraph (1) shall report directly to the President with
respect to the activities undertaken by the senior advisor
under that paragraph.
(b) Expedited Disbursement of Reconstruction Funds.--The President
shall provide the Chief of Mission in Iraq authority as follows:
(1) Authority to spend significant funds through a program
having a structure similar to the structure of the Commander's
Emergency Response Program.
(2) Authority to rescind United States funds from projects
in which the Government of Iraq is not demonstrating an
effective partnership with the United States.
(c) Disarmament, Demobilization, and Reintegration of Militias.--
(1) In general.--The President shall work to create
security conditions in Iraq in which reconstruction efforts can
succeed by providing financial and technical support to a
program to disarm, demobilize, and reintegrate militia members
in Iraq.
(2) Assistance.--In carrying out paragraph (1), the
President shall establish in Iraq an office to coordinate
assistance and support the presence of neutral international
experts as advisors to the Government of Iraq on the processes
of disarmament, demobilization, and reintegration of militias.
SEC. 4. REAUTHORIZATION OF USE OF MILITARY FORCE IN IRAQ BY CONGRESS.
(a) Fulfillment of Original Authorization.--Congress declares that
the purposes for which the authorization for use of military force in
Iraq were granted to the President by Congress pursuant to the
Authorization for Use of Military Force Against Iraq Resolution of 2002
(Public Law 107-243), namely (1) to defend the national security of the
United States against the continuing threat posed by Iraq, and (2) to
enforce all relevant United Nations Security Council resolutions
regarding Iraq, have been achieved.
(b) New Authorization.--Effective as of the date of the enactment
of this Act, the President shall be authorized to use military force in
Iraq solely for the purpose of implementing the strategy set forth in
sections 1, 2, and 3.
SEC. 5. REPORTS TO CONGRESS.
(a) Plan for Implementation of Strategy.--
(1) Plan required.--Not later than 60 days after the date
of the enactment of this Act, the Secretary of Defense shall,
in consultation with the Secretary of State, submit to Congress
a report that sets forth a plan for implementing the strategy
set forth in sections 1, 2, and 3.
(2) Elements.--The plan required by paragraph (1) shall
include the following:
(A) The schedule for redeploying United States
forces from Iraq within one year of the date of the
enactment of this Act, as developed pursuant to section
1(a).
(B) A strategy for ensuring the safety and security
of United States forces in Iraq during and after such
redeployment.
(C) The number, size, and character of United
States military units needed in Iraq after such
redeployment for purposes of completing the mission of
standing up Iraqi security forces, conducting targeted
and specialized counter-terrorism operations, and
protecting United States facilities and personnel.
(D) A strategy for addressing the regional
implications of redeploying United States forces from
Iraq in accordance with section 1(a), including efforts
that will be made to ensure a coordinated diplomatic,
political, and development strategy to accompany such
redeployment.
(E) Contingency plans for using over-the-horizon
forces deployed in the Middle East region pursuant to
section 1(d) to address threats to the United States
that may arise in Iraq and throughout the region.
(F) A strategy for redeploying United States forces
to effectively engage and defeat global terrorist
networks that threaten the United States.
(G) A schedule for completing the diplomatic
initiatives set forth in section 2.
(H) A schedule for completing the reconstruction
initiatives set forth in section 3.
(b) Reports on Implementation of Strategy.--Not later than 60 days
after the date of the submittal of the report required by subsection
(a), and every 60 days thereafter, the Secretary of Defense shall, in
consultation with the Secretary of State, submit to Congress a report
on the actions taken to implement the strategy set forth in sections 1,
2, and 3. | Directs the President to: (1) complete the redeployment of U.S. forces from Iraq within one year of enactment of this Act; (2) change U.S. military priorities in Iraq to the training of Iraqi security forces; (3) condition U.S. political, military, and economic assistance to Iraq upon Iraq's meeting specified benchmarks; (4) maintain an over-the-horizon troop presence in the Middle East to prosecute the war on terror and protect regional security interests; (5) state publicly that the United States does not seek permanent military bases in Iraq; (6) work with Iraqi leaders to convene a diplomatic summit or a series of summits on Iraq; (7) establish an international support group for Iraq's stabilization; (8) establish a regional security alliance to strengthen U.S. allies in the Middle East; and (9) appoint a senior advisor for economic reconstruction in Iraq.
Declares that: (1) the purposes for the authorization of military force in Iraq under P.L. 107-243 (Authorization for Use of Military Force Against Iraq Resolution of 2002) have been accomplished; and (2) effective as of the date of the enactment of this Act the President shall be authorized to use military force in Iraq solely to implement the strategy provided for under this Act.
Directs the Secretary of Defense to report to Congress within 60 days of enactment of this Act respecting such strategy's implementation. | {"src": "billsum_train", "title": "A bill to provide a comprehensive strategy for stabilizing Iraq and redeploying United States troops from Iraq within one year."} | 1,950 | 312 | 0.731027 | 2.256778 | 0.843957 | 4.404412 | 6.613971 | 0.933824 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``George Washington Commemorative Coin
Act''.
SEC. 2. COIN SPECIFICATIONS.
(a) Five Dollar Coins.--The Secretary of the Treasury (in this Act
referred to as the ``Secretary'') shall mint and issue not more than
100,000 $5 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.
(c) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 3. SOURCES OF BULLION.
The Secretary shall obtain gold for minting coins under this Act
pursuant to the authority of the Secretary under other provisions of
law.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of George Washington, the first
President of the United States.
(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 ``1999''; 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
Mount Vernon Ladies' Association and the Commission of Fine
Arts; and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular combination of denomination and
quality of the coins minted under this Act.
(c) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning May 1, 1999.
(d) Termination of Minting Authority.--No coins may be minted under
this Act after November 1, 1999.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in subsection (d) with respect
to such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
(d) Surcharges.--All sales of coins minted under this Act shall
include a surcharge of $35 per coin.
SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--Except as provided in subsection (b), no provision
of law governing procurement or public contracts shall be applicable to
the procurement of goods and services necessary for carrying out the
provisions of this Act.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.
SEC. 8. DISTRIBUTION OF SURCHARGES.
(a) In General.--All surcharges received by the Secretary from the
sale of coins issued under this Act shall be promptly paid by the
Secretary to the Mount Vernon Ladies' Association to be used--
(1) to supplement the endowment of the Mount Vernon Ladies'
Association, which shall be a permanent source of support for
the preservation of George Washington's home; and
(2) for the continuation and expansion of the efforts of
the Mount Vernon Ladies' Association to educate the American
public about the life of George Washington.
(b) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of the Mount Vernon Ladies' Association as may be related to the
expenditures of amounts paid 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 whose deposits are
insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration Board. | George Washington Commemorative Coin Act - Requires the Secretary of Treasury to mint and issue five-dollar gold coins emblematic of George Washington.
Mandates that the design for the coins shall be: (1) selected by the Secretary after consultation with the Mount Vernon Ladies' Association and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee.
Provides for the distribution of coin sale surcharges to the Mount Vernon Ladies' Association. | {"src": "billsum_train", "title": "George Washington Commemorative Coin Act"} | 1,254 | 98 | 0.627429 | 1.505656 | 1.038395 | 5.255556 | 12.388889 | 0.922222 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National
Enterprise Zone Act of 2007''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. National Enterprise Zones.
Sec. 4. Study.
Sec. 5. Effective date.
SEC. 2. FINDINGS.
The Congress finds that the establishment of a National Enterprise
Zone program that offers a substantial tax incentive to corporations,
including controlled foreign corporations in a possession of the United
States, partnerships, and sole proprietorships conducting an active
business within such zones and electing to participate will achieve--
(1) a higher level of private sector economic activity
necessary to alleviate poverty and unemployment in economically
depressed regions of the United States, including the
possessions of the United States;
(2) the removal of tax disincentives to do business in
economically depressed areas and thus promote economic growth,
development, employment, a higher standard of living and a
higher quality of life in economically depressed areas;
(3) improved taxation of business investment in plant,
equipment and inventories in economically depressed areas,
encouraging businesses to operate in those areas; and
(4) comparable tax treatment of businesses in economically
depressed areas in all parts of the United States and its
possessions, thereby promoting universal economic prosperity.
SEC. 3. NATIONAL ENTERPRISE ZONES.
(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 part:
``PART III--NATIONAL ENTERPRISE ZONES
``Sec. 1400U. National Enterprise Zone designation procedure.
``Sec. 1400U-1. National Enterprise Zone eligibility criteria.
``Sec. 1400U-2. Effect of National Enterprise Zone designation on
individuals, estates and trusts conducting
an active trade or business within a
national enterprise zone.
``Sec. 1400U-3. National Enterprise Zone individual taxable income.
``Sec. 1400U-4. Effect of National Enterprise Zone designation on
corporations.
``Sec. 1400U-5. National Enterprise Zone corporate taxable income.
``Sec. 1400U-6. Conduct of an active trade or business within a
National Enterprise Zone by corporations,
partnerships, and sole proprietors.
``Sec. 1400U-7. Definitions and special rules.
``SEC. 1400U. NATIONAL ENTERPRISE ZONE DESIGNATION PROCEDURE.
``(a) Designated Zone.--The Secretary shall designate the areas in
the United States and possessions of the United States that meet the
requirements of section 1400U-1 and publish a list of such designated
zones.
``(b) Effective Date of Zone Designation.--The effective date of
the designation of any zone as a National Enterprise Zone pursuant to
this section shall be January 1 of the year following its designation.
``(c) Eligibility Review.--Between January 1 and April 30 of the
year after the release of the decennial census, the Secretary shall
undertake a review of each National Enterprise Zone designation whereby
the Secretary shall determine whether the zone continues to meet the
National Enterprise Zone Eligibility Criteria established by section
1400U-1. If this review determines that a National Enterprise Zone no
longer meets the National Enterprise Zone Eligibility Criteria
established by section 1400U-1, then the Secretary shall revoke the
designation effective at the end of the calendar year. Not later than
June 30 after said determination, the Secretary shall issue a notice to
all taxpayers making National Enterprise Zone elections with respect to
said zone in the taxpayer's previous taxable year that the designation
will be revoked at the end of the calendar year for said National
Enterprise Zone. The Secretary shall publish the decennial eligibility
review results for all National Enterprise Zones no later than June 30.
``(d) Effect of Revocation of Designation.--An electing taxpayer
with respect to a National Enterprise Zone whose designation is revoked
continues to qualify for the Individual or Corporate Alternative
National Enterprise Zone tax under sections 1400U-2 and 1400U-4 until
the end of the taxpayer's 12th taxable year following the year of zone
designation revocation.
``SEC. 1400U-1. NATIONAL ENTERPRISE ZONE ELIGIBILITY CRITERIA.
``(a) National Enterprise Zone Eligibility Criteria.--A National
Enterprise Zone must--
``(1) have greater than 50,000 residents;
``(2) have a poverty rate two times the national poverty
rate; and
``(3) have an unemployment rate 2 times the national
average unemployment rate.
``(b) No Overlap With Existing Zones of Different Type.--No part of
a National Enterprise Zone may also be a part of an Empowerment Zone,
Enterprise Community (Subchapter U zones), or District of Columbia
Enterprise Zone (Subchapter W zones).
``SEC. 1400U-2. EFFECT OF NATIONAL ENTERPRISE ZONE DESIGNATION ON
INDIVIDUALS, ESTATES AND TRUSTS CONDUCTING AN ACTIVE
TRADE OR BUSINESS WITHIN A NATIONAL ENTERPRISE ZONE.
``(a) Individual Alternative National Enterprise Zone Tax.--In the
case of a taxpayer other than a corporation, if, for any taxable year,
the taxpayer has National Enterprise Zone individual taxable income,
then, in lieu of any tax imposed by section 1 or section 55, the
taxpayer may elect to pay a tax which shall consist of the sum of--
``(1) a tax computed on the taxpayer's taxable income
reduced by the amount of National Enterprise Zone tentative
individual taxable income (if greater than zero), at the rates
and in the manner as if this subsection had not been enacted,
plus
``(2) a tax of 12 percent of the National Enterprise Zone
individual taxable income.
``(b) Years for Which Election Is Effective.--An election under
subsection (a) shall be effective for the three taxable years of the
electing taxpayer following the year in which the election is made and
for all succeeding taxable years of such taxpayer, unless--
``(1) the taxpayer ceases to have National Enterprise Zone
taxable income,
``(2) the taxpayer revokes the election (after the initial
three-year period), or
``(3) the period described in section 1400U(d) has expired.
``(c) Effect of Cessation of Business Operations in Zone During
Initial Three-Year Period.--If a taxpayer has made an election under
this section and if such election has been terminated or revoked under
subsection (b)(1) due to cessation of business in the zone during any
of the three years immediately after the year in which the election is
made, such taxpayer shall be treated as having been subject to tax
under chapter 1 at the otherwise applicable rate for individuals for
the years the alternative National Enterprise Zone tax was applicable.
``(d) New Election Following Termination.--If a taxpayer has made
an election under this section and if such election has been terminated
or revoked under subsection (b), such taxpayer shall not be eligible to
make an election under this section for any taxable year before the 3rd
taxable year which begins after the 1st taxable year for which such
termination is effective, unless the Secretary consents to such
election.
``SEC. 1400U-3. NATIONAL ENTERPRISE ZONE INDIVIDUAL TAXABLE INCOME.
``(a) National Enterprise Zone Individual Tentative Taxable
Income.--National Enterprise Zone tentative individual taxable income
shall be equal to taxable income (as defined by section 63 without
regard to section 179(e)) arising from the conduct of an active trade
or business (as defined in section 1400U-6) within one or more National
Enterprise Zones.
``(b) National Enterprise Zone Individual Taxable Income
Adjustments.--National Enterprise Zone individual taxable income shall
be equal to National Enterprise Zone individual tentative taxable
income less--
``(1) expenditures made to acquire inventory property held
in a National Enterprise Zone, and
``(2) the amount, if any, the taxpayer elects to deduct
pursuant to section 179(e) that exceeds the limitations in
section 179(b).
``SEC. 1400U-4. EFFECT OF NATIONAL ENTERPRISE ZONE DESIGNATION ON
CORPORATIONS.
``(a) Corporate Alternative National Enterprise Zone Tax.--In the
case of a corporation (other than an S corporation), if for any taxable
year, the taxpayer has National Enterprise Zone corporate taxable
income, then, in lieu of any tax imposed by section 11 or section 55,
the taxpayer may elect to pay a tax which shall consist of the sum of--
``(1) a tax computed on taxable income reduced by the
amount of National Enterprise Zone tentative corporate taxable
income (if greater than zero) at the rates and in the manner as
if this subsection had not been enacted, plus
``(2) a tax of 12 percent of the National Enterprise Zone
corporate taxable income.
``(b) Special Rule for Non-Domestic Corporations.--In the case of
an electing corporation organized under the laws of a possession of the
United States doing business in a National Enterprise Zone, this
section shall apply as if such corporation were a domestic corporation
subject to tax under this title.
``(c) Years for Which Election Is Effective.--An election under
subsection (a) shall be effective for the three taxable years of the
electing corporation following the year in which the election is made
and for all succeeding taxable years of such corporation, unless--
``(1) the corporation ceases to have National Enterprise
Zone taxable income,
``(2) the corporation revokes the election, or
``(3) the period described in section 1400U(d) has expired.
``(d) Effect of Cessation of Business Operations in Zone During
Initial Three-Year Period.--If a taxpayer has made an election under
this section and if such election has been terminated or revoked under
subsection (c)(1) due to cessation of business in the zone during any
of the three years immediately after the year in which the election is
made, such taxpayer shall be treated as having been subject to tax
under chapter 1 at the otherwise applicable rate for domestic
corporations for the years the alternative National Enterprise Zone tax
was applicable.
``(e) New Election by National Enterprise Zone Corporation
Following Termination.--If an electing corporation has made an election
under this section and if such election has been terminated or revoked
under subsection (c), such corporation (and any successor corporation)
shall not be eligible to make an election under this section for any
taxable year before the 3rd taxable year which begins after the 1st
taxable year for which such termination is effective, unless the
Secretary consents to such election.
``SEC. 1400U-5. NATIONAL ENTERPRISE ZONE CORPORATE TAXABLE INCOME.
``(a) In General.--National Enterprise Zone corporate tentative
corporate taxable income shall be taxable income (without regard to
section 179(e)) arising from the conduct of an active trade or business
within one or more National Enterprise Zones.
``(b) Adjustments.--National Enterprise Zone corporate taxable
income shall be equal to National Enterprise Zone corporate tentative
taxable income less--
``(1) expenditures made to acquire inventory property held
in a National Enterprise Zone, and
``(2) the amount, if any, the taxpayer elects to deduct
pursuant to 179(e) that exceeds the limitations in section
179(b).
``SEC. 1400U-6. CONDUCT OF AN ACTIVE TRADE OR BUSINESS WITHIN A
NATIONAL ENTERPRISE ZONE BY CORPORATIONS, PARTNERSHIPS,
AND SOLE PROPRIETORS.
``(a) Active Trade or Business.--For purposes of this part, the
conduct of active trade or business means the conduct of a trade or
business that derives no more than 25 percent of its gross income from
passive activities (as defined by section 469).
``(b) Income and Expenses Within a National Enterprise Zone.--For
purposes of this part--
``(1) Gross income.--Gross income from within a National
Enterprise Zone shall mean--
``(A) compensation for labor or services performed
by the electing corporation, partnership, or sole
proprietor within a National Enterprise Zone;
``(B) rentals or royalties from property located in
a National Enterprise Zone;
``(C) gains, profits, and income derived from the
sale of inventory property held within a National
Enterprise Zone; and
``(D) income from the sale of property that is
produced, created, fabricated, manufactured, extracted,
processed, cured, aged, grown or harvested within the
National Enterprise Zone.
``(2) Expenses.--Expenses shall be allocated and
apportioned to the income producing activities to which they
are related. Expenses which are not allocable or apportioned to
any specific income producing activities shall be allocated on
the basis of gross income such that the ratio of the expense
allocated to the National Enterprise Zone is the same as the
ratio of gross income within the National Enterprise Zone to
all gross income within the United States and a possession of
the United States of the taxpayer or controlled group (in the
case of a corporation that is a member of a controlled group of
corporations as defined in section 1563(a)).
``(c) Alternative Formulary Method.--
``(1) In general.--A corporation (or controlled group in
the case of a corporation that is a member of a controlled
group of corporations (as defined in section 1563(a))),
partnership, or sole proprietor that so elects, in a form and
manner prescribed by the Secretary, may determine the share of
its income, expense, and other items attributable to the
conduct of an active trade or business within a National
Enterprise Zone by multiplying its apportionment ratio by the
amount of the income, expense, and other items for purposes of
determining its National Enterprise Zone corporate taxable
income.
``(2) Apportionment ratio.--The apportionment ratio shall
be the ratio of--
``(A) the sum of the remaining basis in depreciable
property held in a National Enterprise Zone for the
entire taxable year, of the inventory property held in
a National Enterprise Zone at the end of the taxable
year, and of the compensation paid to National
Enterprise Zone-based employees during the taxable
year, and
``(B) the sum of the remaining basis in depreciable
property held in the United States and its possessions
for the entire taxable year, of the inventory property
held in the United States and its possessions at the
end of the taxable year, and of the compensation paid
to employees within the United States and its
possessions during the taxable year.
``(3) Mandatory use of alternative formulary method.--If a
taxpayer--
``(A) derives greater than 10 percent of its gross
income from sales to related parties (as defined in
section 1313(c)), or
``(B) expenses attributable to purchases from
related parties (as defined in section 1313(c)) account
for greater than 10 percent of its expenses, then said
taxpayer shall use the alternative formulary method.
``SEC. 1400U-7. DEFINITIONS AND SPECIAL RULES.
``For purposes of this part--
``(1) Possession of the united states.--The term
`possession of the United States' means the Virgin Islands,
Guam, American Samoa, the Commonwealth of Puerto Rico, and the
Commonwealth of the Northern Mariana Islands.
``(2) Inventory.--
``(A) Inventory property.--The term `inventory
property' means property described in section
1221(a)(1) and any expenditures that were capitalized
pursuant to section 263A.
``(B) No double counting.--The deduction afforded
by section 1400U-3(b)(1) is in lieu of the deduction
provided upon the sale of inventory property.
``(3) Special rule.--For purposes of a corporation making
an election under this part, section 7701(a)(4) shall include
an electing corporation organized under the laws of a
possession of the United States and section 7701(a)(5) shall
not apply.''.
(b) Conforming Amendments.--Section 179 of the Internal Revenue
Code of 1986 is amended by inserting at the end the following new
subsection:
``(e) No Limitation on Amount in National Enterprise Zones.--
``(1) In general.--The limitations of subsection (b) shall
not apply with respect to property placed in service in a
National Enterprise Zone.
``(2) Property removed from national enterprise zone.--
Property expensed pursuant to this section that is removed from
service within a National Enterprise Zone but not disposed of
by the taxpayer shall be treated as if it had been, as of the
date of the removal, disposed of by the taxpayer and
repurchased by the taxpayer at a price equal to what its
remaining basis would have been if the election under this
section had not been exercised with respect to the property.''.
(c) Clerical Amendment.--The table of parts for subchapter Y of
chapter 1 of such Code is amended by inserting after the item relating
to part II the following new item:
``Part III. National Enterprise Zones.''.
SEC. 4. STUDY.
The Secretary shall undertake a study of the National Enterprise
Zone program established by this Act to determine its effectiveness in
promoting economic growth and reducing poverty in the designated zone
areas. The study shall be submitted to the Committee on Ways and Means
of the House of Representatives and the Committee on Finance of the
Senate no later than December 31, 2012.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act shall apply to taxable years
beginning after December 31, 2007. | National Enterprise Zone Act of 2007 - Amends the Internal Revenue Code to direct the Secretary of the Treasury to designate areas in the United States and its possessions as National Enterprise Zones and to publish a list of such Zones. Requires a Zone to: (1) have more than 50,000 residents; (2) have a poverty rate of two times the national poverty rate; and (3) have an unemployment rate two times the national average.
Allows corporate and noncorporate taxpayers with taxable income from an active trade or business within such a Zone to elect a reduced alternative income tax in lieu of existing income and alternative minimum tax rates.
Requires the Secretary to study and report to Congress on the effectiveness of such program. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to promote freedom, fairness, and economic opportunity by establishing National Enterprise Zones to promote prosperity in economically depressed areas."} | 4,088 | 155 | 0.580824 | 1.571994 | 0.571144 | 2.935252 | 25.690647 | 0.935252 |
SECTION 1. LIMITATION IN COST-OF-LIVING ADJUSTMENTS FOR CERTAIN
RETIREMENT SYSTEMS.
(a) Social Security.--
(1) Reduction in increases applied to higher primary
insurance amounts.--Section 215(i)(2)(A) of the Social Security
Act (42 U.S.C. 415(i)(2)(A)) is amended--
(A) by redesignating clause (iii) as clause (vii);
and
(B) in clause (ii), by striking ``The increase
shall'' in the matter following subclause (III) and all
that follows through ``Any increase'' and inserting the
following:
``(iii) With respect to the amounts described in subclauses (I) and
(III) of clause (ii), the increase shall be derived by multiplying each
of such amounts (including each of those amounts as previously
increased under this subparagraph) by the applicable increase
percentage.
``(iv) With respect to primary insurance amounts described in
subclause (II) of clause (ii), the increase shall be derived by--
``(I) multiplying each of such amounts (including each such
amount as previously increased under this subparagraph) by the
applicable increase percentage,
``(II) determining among all such amounts as increased
under subclause (I) the primary insurance amount which is at
the 30th percentile of such amounts, and
``(III) reducing each primary insurance amount as increased
under subclause (I) to the sum of such amount determined as if
there had been no reduction in such amount under this subclause
in any preceding year and the amount of the increase under
subclause (I) in the primary insurance amount described in
subclause (II).
``(v) Any amount increased under clause (iii) or clause (iv) which
is not a multiple of $0.10 shall be decreased to the next lower
multiple of $0.10.
``(vi) Any increase''.
(2) Conforming amendment.--The last sentence of section
215(a)(4) of such Act (42 U.S.C. 415(a)(4)) is amended, in
subclause (I), by striking ``clause (iii) of subsection
(i)(2)(A)'' and inserting ``clause (vii) of subsection
(i)(2)(A)''.
(3) Conforming amendments to maintain current levels of
cost-of-living adjustment under other programs.--
(A) Supplemental security income for the aged,
blind, and disabled.--Section 1617(a)(2) of the Social
Security Act (42 U.S.C. 1382f(a)(2)) is amended by
striking ``by the same percentage'' and all that
follows through ``percentage,'' and inserting the
following: ``by the applicable increase percentage
(within the meaning of section 215(i)(1)(C)) used in
determining the amount by which benefit amounts under
title II are increased for such month''.
(B) Supplementary medical insurance.--Section
1839(a)(3)(B) of such Act (42 U.S.C. 1395r(a)(3)(B)) is
amended by striking ``by a percentage'' and all that
follows through ``November 1'' and inserting the
following: ``by the applicable increase percentage
(within the meaning of section 215(i)(1)(C)) used in
determining the amount by which benefit amounts under
title II are increased for the month of December
preceding the year of the promulgation''.
(C) Certain veteran's benefits.--Section 3112 of
title 38, United States Code, is amended--
(i) in subsection (a), by striking ``by the
same percentage by which such benefit amounts
are increased'' and inserting ``by the
applicable increase percentage (within the
meaning of section 215(i)(1)(C) of such Act)
used in determining the amount by which such
benefit amounts are increased''; and
(ii) in subsection (b)(1), by striking ``by
the same percentage as the percentage by which
such benefit amounts are increased'' and
inserting ``by the applicable increase
percentage (within the meaning of section
215(i)(1)(C) of such Act) used in determining
the amount by which such benefit amounts are
increased''.
(D) Cost-of-living adjustments to limitations on
benefits and contributions under qualified plans.--
Subsection (d) of section 415 of the Internal Revenue
Code of 1986 (relating to cost-of-living adjustments)
is amended by striking ``section 215(i)(2)(A)'' and
inserting ``section 215(i)(2)(A)(iii)''.
(4) Amendment to prior applicable law.--Section 215(i)(4)
of the Social Security Act (42 U.S.C. 415(i)(4)) is amended by
adding at the end the following new sentence: ``The Secretary
shall provide by regulation for the continued application of
this subsection as in effect in December 1978 as provided by
the preceding provisions of this paragraph and the amendments
referred to therein. Such regulations shall provide for the
application of the amendments to the preceding provisions of
this subsection made by section 2 of the COLA Limitation Act of
1995 so as to have the same effect on the corresponding
provisions of this subsection as in effect in December 1978 and
applicable in accordance with this paragraph.''.
(b) Civil Service Retirement System.--Section 8340 of title 5,
United States Code, is amended by adding at the end the following new
subsection:
``(h)(1) An annuity shall not be increased by reason of any
adjustment under this section by an amount which exceeds the lesser
of--
``(A) the amount that would apply if not for the provisions
of this subsection; or
``(B) the amount determined under paragraph (2)(B).
``(2) With respect to the amount described under paragraph (1)(B),
the increase under this section shall be derived by--
``(A) multiplying the amount of each annuity to which this
section applies by the applicable percentage increase under
subsection (b); and
``(B) determining among all such amounts as increased under
subparagraph (A) the annuity increase amount which is at the
30th percentile of all such amounts.
``(3) Any amount determined under paragraph (2)(B) which is not a
multiple of $0.10 shall be decreased to the next lower multiple of
$0.10.''.
(c) Federal Employees Retirement System.--Section 8462 of title 5,
United States Code, is amended by adding at the end the following new
subsection:
``(f)(1) An annuity shall not be increased by reason of any
adjustment under this section by an amount which exceeds the lesser
of--
``(A) the amount that would apply if not for the provisions
of this subsection; or
``(B) the amount determined under paragraph (2)(B).
``(2) With respect to the amount described under paragraph (1)(B),
the increase under this section shall be derived by--
``(A) multiplying the amount of each annuity to which this
section applies by the applicable percentage increase under
subsection (b); and
``(B) determining among all such amounts as increased under
subparagraph (A) the annuity increase amount which is at the
30th percentile of all such amounts.
``(3) Any amount determined under paragraph (2)(B) which is not a
multiple of $0.10 shall be decreased to the next lower multiple of
$0.10.''.
(d) Retired and Former Members of the Armed Forces.--
(1) In general.--Section 1401a(b) of title 10, United
States Code, is amended--
(A) in paragraph (1), by striking ``paragraphs (2)
and (3)'' and inserting ``paragraphs (2), (3), and
(5)'';
(B) by redesignating paragraph (5) as paragraph
(6); and
(C) by inserting after paragraph (4) the following
new paragraph:
``(5) Overall limitation.--
``(A) In general.--With respect to the retired pay
of a member or former member who is entitled to an
adjustment under paragraph (2) or (3), the retired pay
shall not be increased by reason of any adjustment
under such paragraph by an amount which exceeds the
lesser of--
``(i) the amount that would apply if not
for the provisions of this paragraph; or
``(ii) the amount determined under
subparagraph (B)(ii).
``(B) Amount for certain percentile.--With respect
to the amount described under subparagraph (A)(ii), the
increase under paragraph (2) or (3) shall be derived
by--
``(i) multiplying the amount of each
retired pay amount to which such paragraph
applies by the applicable percentage increase
under such paragraph; and
``(ii) determining among all such amounts
as increased under clause (i) the retired pay
increase amount which is at the 30th percentile
of all such amounts.''.
(2) Conforming amendments.--
(A) Section 1410(1) of such title is amended by
striking ``section);'' and inserting ``section),
subject to paragraph (5) of that section;''.
(B) Section 1434(e) of such title is amended by
striking ``increase.'' and inserting ``increase,
subject to the limitation described in section
1401a(b)(5) as applied to annuity amounts under this
subsection.''.
(C) Section 1451(g)(1) of such title is amended by
striking ``pay).'' and inserting ``pay), subject to the
limitation described in section 1401a(b)(5) as applied
to annuity amounts under this subsection.''.
(D) Section 1451(h)(1) of such title is amended by
striking ``increased.'' and inserting ``increased,
subject to the limitation described in section
1401a(b)(5) as applied to base amounts under this
subsection.''.
(E) Section 1457(d)(1) of such title is amended by
striking ``Plan.'' and inserting ``Plan, subject to the
limitation described in section 1401a(b)(5) as applied
to annuity amounts under this subsection.''.
(e) Effective Date.--The amendments made by this section shall
apply with respect to adjustments effective with months after the date
of the enactment of this Act. | Amends the Social Security Act (SSA) and other Federal law to provide for reduction in cost-of-living adjustments (COLAs) applied to: (1) higher primary insurance amounts under SSA title II (Old Age, Survivors and Disability Insurance) (OASDI), tying OASDI COLA determinations based on applicable increase percentages to similar determinations under other specified Federal benefit programs, including the Supplemental Security Income program under SSA title XVI; and (2) annuities under the civil service and other specified retirement systems for Federal employees and members of the armed forces. | {"src": "billsum_train", "title": "A bill to provide for limitations on certain retirement cost-of-living adjustments, and for other purposes."} | 2,366 | 131 | 0.465661 | 1.156963 | 0.479819 | 1.775701 | 19.616822 | 0.766355 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Commission on the
Modernization of the United Nations Act of 2005''.
SEC. 2. ESTABLISHMENT.
There is established a commission to be known as the ``National
Commission on the Modernization of the United Nations''.
SEC. 3. DUTIES OF THE COMMISSION.
(a) In General.--The Commission shall--
(1) conduct a study of the areas specified in this section;
(2) recommend reforms with respect to such areas; and
(3) enumerate methods to implement each recommendation.
(b) Study of Extent of Modernization Within Confines of Present
Charter.--The Commission shall--
(1) study the requirements for and extent to which a
modernization of the organizational structure and practices of
the United Nations can be effectuated that do not require
substantive changes to be made to the Charter of the United
Nations; and
(2) make recommendations to implement such a modernization.
(c) Study of Extent of Modernization Requiring Modifications to
Present Charter.--The Commission shall--
(1) study the requirements for and extent to which a
modernization of the organizational structure and practices of
the United Nations can only be effectuated by requiring
substantive changes to be made to the Charter, paying
particular attention to the areas of study enumerated in
subsections (d) through (i); and
(2) make recommendations to implement such a modernization.
(d) Study of Member State Principles.--The Commission shall study
the principles to which states should adhere as members of the United
Nations, paying particular attention to the following:
(1) Whether states that espouse and enforce values that are
counter to the Charter should be permitted to be members of the
United Nations.
(2) What recourse should be available to the United Nations
to respond to a member state that has engaged in conduct
counter to the Charter.
(3) What conduct on the part of a member state would
constitute sufficient grounds for--
(A) expulsion;
(B) condemnation; or
(C) sanction.
(e) Study of Member State Status.--The Commission shall study the
feasibility of mandating the following requirements of member states:
(1) Requirement of regular review by the United Nations of
the status of all member states to determine if member states
continue to adhere to the principles outlined in the Charter.
(2) Requirement for member states to--
(A) sign a ``Declaration of Member States''
declaring that the signatory state agrees to adhere to
the principles of United Nations membership; and
(B) review the principles of the United Nations to
determine whether the state should withdraw from
membership if the state determines that the United
Nations is not adhering to the implementation of the
Charter.
(f) Study of Proportional Representation on Principal Organs.--The
Commission shall study the following:
(1) Whether all states should have one vote in the General
Assembly.
(2) Whether the United Nations should be structured in a
bi-cameral fashion.
(g) Study of Organizational and Business Functions.--The Commission
shall study the following:
(1) Whether auxiliary commissions and organizations of the
United Nations should be funded by member dues.
(2) Whether such commissions and organizations detract from
the Charter principles by draining resources away from the
primary functions of the United Nations.
(3) Whether member states can create caucuses and fund them
to deal with matters of common interest without detracting from
the main objectives of the United Nations.
(h) Study of Use, Structure, and Goals of Peacekeeping and
Humanitarian Efforts.--The Commission shall study the following:
(1) Whether the United Nations should maintain a separate
peacekeeping force.
(2) Identification of successes of past peacekeeping and
humanitarian efforts.
(i) Study of Enforcement of Resolutions.--The Commission shall
study the credibility of resolutions when the United Nations does not
mandate their absolute obedience.
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of
nine members appointed from among persons who are not officers or
employees of any government, as follows:
(1) Two members appointed by the President.
(2) Two members appointed by the Speaker of the House of
Representatives.
(3) Two members appointed by the Majority Leader of the
Senate.
(4) One member appointed by the Minority Leader of the
Senate.
(5) One member appointed by the Minority Leader of the
House of Representatives.
(6) One member appointed by the Secretary of State
(b) Terms of Office.--
(1) In general.--Each member shall be appointed for the
life of the Commission.
(2) Special rule.--A member who is appointed to the
Commission and who subsequently becomes an officer or employee
of any government may not continue as a member.
(c) Vacancies.--A vacancy in the Commission shall be filled in the
manner in which the original appointment was made.
(d) Chairperson.--The Chairperson of the Commission shall be
elected by the members after consultation with the Speaker and minority
leader of the House of Representatives and the majority leader and
minority leader of the Senate. Pending such election, a provisional
Chairperson shall be designated by the President.
(e) Travel Expenses.--Each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code.
SEC. 5. DIRECTOR AND STAFF.
(a) Director.--The Commission shall appoint a Director who shall be
paid at the rate of basic pay for level IV of the Executive Schedule
under section 5315 of title 5, United States Code.
(b) Staff.--
(1) In general.--Subject to paragraph (2), the Director,
with the approval of the Commission, may appoint and fix the
pay of additional personnel.
(2) Applicability of certain civil service laws.--The
Director may make such appointments subject to the provisions
of title 5, United States Code, governing appointments in the
competitive service, and any personnel so appointed shall be
paid in accordance with the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates.
(c) Staff of Federal Agencies.--Upon request of the Commission, the
head of any Federal department or agency 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 Act.
(d) 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 duties under
this Act.
SEC. 6. POWERS OF COMMISSION.
(a) Meetings.--
(1) In general.--The Commission shall meet at the call of
the Chairperson.
(2) Quorum.--A majority of the members of the Commission
shall constitute a quorum but a lesser number may hold
hearings.
(b) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information
necessary to enable it to carry out this Act. Upon request of the
Commission, the head of that department or agency shall furnish that
information to the Commission.
(c) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
SEC. 7. REPORTS.
(a) Interim Report.--Within six months after the date of the
enactment of this Act, the Commission shall submit to Congress an
interim report on the activities of the Commission under this Act.
(b) Final Report.--Not later than 12 months after the date of the
enactment of this Act, the Commission shall submit to Congress a final
report containing a statement of the findings, conclusions, and
recommendations of the Commission.
SEC. 8. TERMINATION.
The Commission shall terminate 15 days after submission of its
final report under section 7(b).
SEC. 9. DEFINITIONS.
In this Act:
(1) Charter.--The term ``Charter'' means the Charter of the
United Nations.
(2) Commission.--The term ``Commission'' means the National
Commission on the Modernization of the United Nations.
(3) Member.--The term ``member'' means a member of the
Commission. | National Commission on the Modernization of the United Nations Act of 2005 - Establishes the National Commission on the Modernization of the United Nations to study: (1) the extent of modernization of the organizational structure and practices of the United Nations (UN) that can be effectuated with and without changes to its Charter; (2) the principles to which member states should adhere and the consequences of a state espousing and enforcing values counter to the Charter; (3) the feasibility of mandating each member state to agree to adhere to the principles of UN membership, and to review the principles of the UN to determine whether the state should withdraw if the UN is not adhering to the Charter; (4) whether all states should have one vote in the General Assembly and whether the UN should be structured in a bicameral fashion; (5) whether auxiliary commissions and organizations of the UN should be funded by member dues, whether such entities drain resources away from the primary function of the UN, or whether member states can create and fund caucuses to deal with matters of common interest; (6) whether the UN should have a separate peacekeeping force, while identifying successes of past peacekeeping and humanitarian efforts; and (7) the credibility of resolutions when the UN does not mandate absolute obedience.
Terminates the Commission 15 days after submission of its final report. | {"src": "billsum_train", "title": "To establish the National Commission on the Modernization of the United Nations."} | 1,856 | 285 | 0.648107 | 1.915892 | 0.944248 | 3.714286 | 6.633205 | 0.918919 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Don't Ask, Don't Tell Repeal Act of
2010''.
SEC. 2. DEPARTMENT OF DEFENSE POLICY CONCERNING HOMOSEXUALITY IN THE
ARMED FORCES.
(a) Comprehensive Review on the Implementation of a Repeal of 10
U.S.C. 654.--
(1) In general.--On March 2, 2010, the Secretary of Defense
issued a memorandum directing the Comprehensive Review on the
Implementation of a Repeal of 10 U.S.C. 654 (section 654 of
title 10, United States Code).
(2) Objectives and scope of review.--The Terms of Reference
accompanying the Secretary's memorandum established the
following objectives and scope of the ordered review:
(A) Determine any impacts to military readiness,
military effectiveness and unit cohesion, recruiting/
retention, and family readiness that may result from
repeal of the law and recommend any actions that should
be taken in light of such impacts.
(B) Determine leadership, guidance, and training on
standards of conduct and new policies.
(C) Determine appropriate changes to existing
policies and regulations, including but not limited to
issues regarding personnel management, leadership and
training, facilities, investigations, and benefits.
(D) Recommend appropriate changes (if any) to the
Uniform Code of Military Justice.
(E) Monitor and evaluate existing legislative
proposals to repeal 10 U.S.C. 654 and proposals that
may be introduced in the Congress during the period of
the review.
(F) Assure appropriate ways to monitor the
workforce climate and military effectiveness that
support successful follow-through on implementation.
(G) Evaluate the issues raised in ongoing
litigation involving 10 U.S.C. 654.
(b) Effective Date.--The amendments made by subsection (f) shall
take effect 60 days after the date on which the last of the following
occurs:
(1) The Secretary of Defense has received the report
required by the memorandum of the Secretary referred to in
subsection (a).
(2) The President transmits to the congressional defense
committees a written certification, signed by the President,
the Secretary of Defense, and the Chairman of the Joint Chiefs
of Staff, stating each of the following:
(A) That the President, the Secretary of Defense,
and the Chairman of the Joint Chiefs of Staff have
considered the recommendations contained in the report
and the report's proposed plan of action.
(B) That the Department of Defense has prepared the
necessary policies and regulations to exercise the
discretion provided by the amendments made by
subsection (f).
(C) That the implementation of necessary policies
and regulations pursuant to the discretion provided by
the amendments made by subsection (f) is consistent
with the standards of military readiness, military
effectiveness, unit cohesion, and recruiting and
retention of the Armed Forces.
(c) No Immediate Effect on Current Policy.--Section 654 of title
10, United States Code, shall remain in effect until such time that all
of the requirements and certifications required by subsection (b) are
met. If these requirements and certifications are not met, section 654
of title 10, United States Code, shall remain in effect.
(d) Benefits.--Nothing in this section, or the amendments made by
this section, shall be construed to require the furnishing of benefits
in violation of section 7 of title 1, United States Code (relating to
the definitions of ``marriage'' and ``spouse'' and referred to as the
``Defense of Marriage Act'').
(e) No Private Cause of Action.--Nothing in this section, or the
amendments made by this section, shall be construed to create a private
cause of action.
(f) Treatment of 1993 Policy.--
(1) Title 10.--Upon the effective date established by
subsection (b), chapter 37 of title 10, United States Code, is
amended--
(A) by striking section 654; and
(B) in the table of sections at the beginning of
such chapter, by striking the item relating to section
654.
(2) Conforming amendment.--Upon the effective date
established by subsection (b), section 571 of the National
Defense Authorization Act for Fiscal Year 1994 (10 U.S.C. 654
note) is amended by striking subsections (b), (c), and (d). | Don't Ask, Don't Tell Repeal Act of 2010 - Provides for repeal of the current Department of Defense (DOD) policy concerning homosexuality in the Armed Forces, to be effective 60 days after the Secretary of Defense has received DOD's comprehensive review on the implementation of such repeal, and the President, Secretary, and Chairman of the Joint Chiefs of Staff (JCS) certify to the congressional defense committees that they have considered the report and proposed plan of action, that DOD has prepared the necessary policies and regulations to exercise the discretion provided by such repeal, and that implementation of such policies and regulations is consistent with the standards of military readiness and effectiveness, unit cohesion, and military recruiting and retention. Provides that, until such time as the above conditions are met, the current policy shall remain in effect. | {"src": "billsum_train", "title": "A bill to provide for the repeal of the Department of Defense policy concerning homosexuality in the Armed Forces known as \"Don't Ask, Don't Tell\"."} | 954 | 178 | 0.616313 | 1.88571 | 0.697825 | 3.624204 | 5.643312 | 0.936306 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nuclear Cruise Missile
Reconsideration Act of 2017''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The United States is currently developing a new
nuclear-armed air-launched cruise missile, the long-range
standoff weapon.
(2) When asked by the Committee on Armed Services of the
Senate before his confirmation hearing about his support for
the long-range standoff weapon, Secretary of Defense James N.
Mattis stated, ``I will carefully examine the utility and
advisability of this program within existing nuclear
doctrine.''.
(3) When asked during his confirmation hearing whether he
would commit to support continued development of the long-range
standoff weapon, Secretary Mattis emphasized the need to
examine its ``deterrent capability''.
(4) The United States already plans to construct a new
fleet of nuclear-capable penetrating long-range strike bombers,
known as the B-21, that will carry the refurbished B61 nuclear
gravity bomb.
(5) The range and lethality of existing United States
strategic bombers is being improved by the addition of the
Joint Air to Surface Standoff Missile, a long-range
conventionally armed air-launched cruise missile. The B-21
bomber will also be armed with this missile.
(6) According to public reports, the long-range standoff
weapon will be a far more precise version of its predecessor.
(7) General James E. Cartwright, former head of United
States Strategic Command, warned in 2016 that ``bring[ing] real
precision to [nuclear] weapons'' could ``make them more
usable''.
(8) In a 2014 letter to the Committee on Appropriations of
the Senate, Under Secretary of Defense Frank Kendall explained
that the long-range standoff weapon could have utility
``[b]eyond deterrence''.
(9) In a 2016 statement before the Subcommittee on
Strategic Forces of the Committee on Armed Services of the
House of Representatives, Assistant Secretary of Defense Robert
Scher asserted that the long-range standoff weapon would
provide the United States with the ability ``to respond
proportionately to a limited nuclear attack''.
(10) In a 2013 article in the Telegraph, Philip Hammond,
then-Defense Secretary of the United Kingdom explained, ``A
cruise-based deterrent would carry significant risk of
miscalculation and unintended escalation.''.
(11) In a 2015 article in the Washington Post, former
Secretary of Defense William J. Perry and former Assistant
Secretary of Defense Andrew Weber wrote, ``Because they can be
launched without warning and come in both nuclear and
conventional variants, cruise missiles are a uniquely
destabilizing type of weapon.''.
SEC. 3. RESTRICTION ON USE OF FUNDS FOR LONG-RANGE STANDOFF WEAPON.
(a) In General.--Notwithstanding any other provision of law, in any
fiscal year, the Secretary of Defense may not obligate or expend more
than $95,600,000 on development of the long-range standoff weapon or
any other nuclear-capable air-launched cruise missile, and the
Secretary of Energy may not obligate or expend more than $220,253,000
on the life extension program for the W80-4 warhead, until the
Secretary of Defense, in consultation with the heads of other relevant
Federal agencies, submits to the appropriate congressional committees a
Nuclear Posture Review that includes a detailed and specific assessment
of the following:
(1) The anticipated capabilities of the long-range standoff
weapon to hold targets at risk beyond other already existing
and planned nuclear-capable delivery systems.
(2) The anticipated ability of the long-range standoff
weapon to elude adversary integrated air and missile defenses
compared to the B-21 bomber.
(3) The anticipated effect of the long-range standoff
weapon on strategic stability relative to other nuclear-armed
countries.
(4) The anticipated effect of the long-range standoff
weapon on the offensive nuclear weapons capabilities and
programs of other nuclear-armed countries.
(5) The anticipated effect of the long-range standoff
weapon on the response of other nuclear-armed countries to
proposals to decrease or halt the growth of their nuclear
stockpiles.
(6) The anticipated effect of the long-range standoff
weapon on the threshold for the use of nuclear weapons.
(b) Form.--The Nuclear Posture Review required by subsection (a)
shall be submitted in unclassified form but may include a classified
annex.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives. | Nuclear Cruise Missile Reconsideration Act of 2017 This bill prohibits the obligation or expenditure of more than specified amounts by the Department of Defense (DOD) on development of the long-range standoff weapon or any other nuclear-capable air-launched cruise missile, or by the Department of Energy on the life extension program for the W80-4 warhead, until DOD submits to specified congressional committees a Nuclear Posture Review that includes an assessment of: the anticipated capabilities of the long-range standoff weapon to hold targets at risk beyond other already existing and planned nuclear-capable delivery systems; the anticipated ability of such weapon to elude adversary integrated air and missile defenses compared to the B-21 bomber; and the anticipated effect of such weapon on strategic stability relative to other nuclear-armed countries, on the offensive nuclear weapons capabilities and programs of other nuclear-armed countries, on the response of other nuclear-armed countries to proposals to decrease or halt the growth of their nuclear stockpiles, and on the threshold for the use of nuclear weapons. | {"src": "billsum_train", "title": "Nuclear Cruise Missile Reconsideration Act of 2017"} | 1,080 | 225 | 0.526762 | 1.702608 | 0.708959 | 6.844221 | 4.954774 | 0.914573 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Crow Tribe Land Restoration Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to authorize the Secretary of the
Interior to--
(1) develop a program to acquire land and interests in land
from eligible individuals within the Crow Reservation in the
State of Montana;
(2) hold in trust the land, and interests in land,
described in paragraph (1) for the benefit of the Crow Tribe of
the State of Montana;
(3) allow the Tribe to assume management of the land and
interests in land; and
(4) end the continuing fractionation of land on the
Reservation.
SEC. 3. DEFINITIONS.
In this Act:
(1) Eligible individual.--The term ``eligible individual''
means an individual that owns land, or an interest in land,
within the Reservation.
(2) Reservation.--The term ``Reservation'' means the Crow
Reservation in the State of Montana.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Tribe.--The term ``Tribe'' means the Crow Tribe of the
State of Montana.
SEC. 4. ACQUISITION OF LAND WITHIN RESERVATION.
(a) Purchasing Program.--
(1) Establishment.--As soon as practicable after the date
of enactment of this Act, the Secretary shall establish a
program under which the Secretary shall provide funds to the
Tribe to purchase from eligible individuals land, and interests
in land, within the Reservation.
(2) Requirements.--
(A) Voluntary sale.--A sale of land to the Tribe
under the purchasing program shall be voluntary.
(B) Reasonable purchase price.--To receive funds
under the purchasing program, the Tribe shall offer to
an eligible individual in consideration for land, or an
interest in land, within the Reservation an amount
equal to the reasonable purchase price of the land, or
interest in land, of the eligible individual, as
determined in accordance with subsection (b).
(3) Notification to eligible individuals.--
(A) In general.--As soon as practicable after the
date on which the purchasing program is established,
the Tribe shall provide to each eligible individual a
notification with respect to the program, including any
guidelines issued by the Secretary relating to the
program.
(B) Contact with eligible individuals.--
Notwithstanding any other provision of law, an eligible
individual may be contacted directly with respect to
the purchasing program by--
(i) the Tribe, or a representative of the
Tribe; or
(ii) the Secretary, or a representative of
the Secretary.
(b) Reasonable Purchase Price.--
(1) Guidelines.--As soon as practicable after the date of
enactment of this Act, the Secretary shall establish guidelines
under which the reasonable purchase price of land, or an
interest in land, of an eligible individual shall be
determined.
(2) Consideration.--In establishing guidelines under
paragraph (1), the Secretary may take into consideration--
(A) average annual earnings of land, and interests
in land, of eligible individuals; and
(B) any other factor the Secretary considers to be
appropriate.
(c) Acceptance of Offer.--
(1) In general.--On acceptance by an eligible individual of
an offer of the Tribe under this section--
(A) subject to paragraph (2), the Tribe shall pay
to the eligible individual the reasonable purchase
price of the land, or interest in land, of the eligible
individual, as determined in accordance with subsection
(b); and
(B) title to the land, or interest in land,
acquired from the eligible individual shall be conveyed
to the United States, to be held in trust by the
Secretary for the benefit of the Tribe.
(2) Eligible individual accounts.--
(A) In general.--On the request of an eligible
individual that accepts an offer of the Tribe under
this section, the Tribe shall--
(i)(I) establish in a local financial
institution an account in the name of the
eligible individual; and
(II) deposit the amount of the offer of the
Tribe under this section into that account; or
(ii) deposit the amount of the offer of the
Tribe under this section into any account in a
financial institution designated by the
eligible individual.
(B) Withdrawal and transfer.--An eligible
individual may, without obtaining approval from, or
providing a notification to, the Secretary--
(i) withdraw any amount from an account
described in subparagraph (A); or
(ii) transfer any amount from an account
described in subparagraph (A) into an account
in a different financial institution.
(C) Fees.--Any fee assessed by a financial
institution on an account under this paragraph shall be
the responsibility of the eligible individual in the
name of which the account is held.
(D) Taxation.--Amounts held in an account under
this paragraph, including any interest earned on such
amounts, shall not be subject to taxation by the
Federal Government, or any State or local government,
if the account contains only--
(i) amounts deposited into the account by
the Tribe under subparagraph (A); and
(ii) interest earned on those amounts.
(d) Judicial Review.--The terms and amount of any offer of the
Tribe to purchase land, or an interest in land, of an eligible
individual under this section shall not be subject to judicial review.
SEC. 5. PURCHASING PROGRAM FUNDING.
(a) Obligations to Treasury.--
(1) Issuance.--
(A) In general.--To the extent approved in annual
appropriations Acts and subject to approval by the
Secretary of the Treasury, the Secretary may issue to
the Secretary of the Treasury such obligations as the
Secretary determines to be necessary to fund the
purchasing program established under section 4(a)(1).
(B) Requirements.--The obligations issued under
subparagraph (A) shall be in such form and such
denomination, and subject to any other such terms and
conditions, as the Secretary of the Treasury determines
to be appropriate.
(2) Purchase.--The Secretary of the Treasury shall purchase
any obligation issued under paragraph (1).
(3) Interest.--The obligations issued under paragraph (1)
shall bear interest at a rate to be determined by the Secretary
of the Treasury, taking into consideration current market
yields on outstanding marketable obligations of the United
States of comparable maturities.
(4) Limitation.--On any date, the total amount of
obligations issued under paragraph (1) shall not exceed
$_,000,000.
(b) Repayment of Obligations.--
(1) In general.--The Secretary shall use the revenues from
any land purchased by the Tribe under this Act to repay the
Secretary of the Treasury the amount of any obligation,
including interest on such an obligation, issued under
subsection (a).
(2) Reasonable assurance of repayment.--The Secretary shall
ensure, to the maximum extent practicable, that projected
revenues described in paragraph (1) provide reasonable
assurance of repayment of the amount of obligations issued
under subsection (a).
(c) Authorization of Appropriations.--For each fiscal year
beginning after the date of enactment of this Act, there are authorized
to be appropriated to the Secretary such sums as the Secretary
determines to be necessary to repay to the Secretary of the Treasury
the difference between--
(1) the amount of obligations issued under subsection (a),
including interest on such obligations, that was required to be
repaid during the preceding fiscal year; and
(2) the amount of obligations issued under subsection (a),
including interest on such obligations, that was repaid during
the preceding fiscal year.
SEC. 6. DONATION OF LAND.
(a) In General.--Subject to subsection (b), the Secretary may
accept from any eligible individual a donation of land or an interest
in land within the Reservation.
(b) Conditions.--
(1) Title held in trust.--The Secretary shall hold in trust
for the benefit of the Tribe the title to any land or interest
in land acquired by the Secretary under subsection (a).
(2) Designation of place of honor.--The Tribe shall
designate on the Reservation a place of honor, as the Tribe
determines to be appropriate, at which the name of any eligible
individual that donates land to the Secretary under subsection
(a) shall be displayed in perpetuity, in recognition of the
donation.
SEC. 7. LAND MANAGEMENT.
(a) In General.--Land, and interests in land, held in trust by the
Secretary for the benefit of the Tribe under this Act shall be managed
by the Tribe.
(b) Limitation of Trust Responsibility.--The trust responsibility
of the Secretary with respect to land and interests in land described
in subsection (a) shall be limited to--
(1) ensuring that the land and interests in land are not
subject to alienation; and
(2) enabling the Tribe to exercise jurisdiction over the
land and interests in land.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000. | Crow Tribe Land Restoration Act - Directs the Secretary of the Interior to: (1) develop a program to provide funds to the Crow Tribe of the State of Montana to acquire land and interests in land from eligible individuals within the Crow Reservation in the state; and (2) accept from eligible individuals the donation of land or an interest in land, to hold in trust for the benefit of the Tribe. Requires the Tribe to manage such land and interests.
Authorizes the Secretary to issue to the Secretary of the Treasury any obligations necessary to fund the purchasing program established by this Act. | {"src": "billsum_train", "title": "A bill to develop a program to acquire interests in land from eligible individuals within the Crow Reservation in the State of Montana, and for other purposes."} | 1,989 | 122 | 0.714077 | 1.803927 | 0.6444 | 4.219298 | 16.368421 | 0.95614 |
SECTION 1. STATE OPTION TO EXTEND CURRENT TANF WAIVERS AND CREATION OF
NEW WAIVER AUTHORITY.
Section 415 of the Social Security Act (42 U.S.C. 615) is amended
by adding at the end the following:
``(e) State Option to Continue Waivers.--
``(1) In general.--Notwithstanding paragraphs (1)(A) and
(2)(A) of subsection (a), or any other provision of law, but
subject to subsection (g), with respect to any State that is
operating under a waiver described in paragraph (2) which would
otherwise expire on a date that occurs during the period that
begins on January 1, 2002, and ends on September 30, 2010, the
State may elect to continue to operate under that waiver, on
the same terms and conditions as applied to the waiver the day
before the date the waiver would otherwise expire, through the
earlier of such date as the State may select or September 30,
2010.
``(2) Waiver described.--For purposes of paragraph (1), a
waiver described in this paragraph is--
``(A) a waiver described in subsection (a); or
``(B) a waiver that was granted to a State under
section 1115 or otherwise and that relates only to the
provision of assistance under a State program under
this part.
``(f) Waiver Authority for All States.--
``(1) In general.--Except as provided in paragraph (3) and
subsection (g), the Secretary may waive any statutory or
regulatory requirement of this part at the request of a State
or Indian tribe operating a State or tribal program funded
under this part.
``(2) Request for waiver.--
``(A) In general.--A State or Indian tribe that
wishes to seek a waiver with respect to a State or
tribal program funded under this part shall submit a
waiver request to the Secretary that--
``(i) describes the Federal statutory or
regulatory requirements proposed to be waived;
``(ii) describes how the waiving of such
requirements will improve or enhance
achievement of 1 or more of the purposes of
this part;
``(iii) describes the State's proposal for
an independent evaluation of the program under
the waiver; and
``(iv) in the case of a State, includes a
copy and description of relevant State statutes
and, if applicable, State regulations that
would allow the State to implement the waiver
if it were approved by the Secretary.
``(B) Notice and comment.--The Secretary shall
provide through the Federal Register for a 30-day
period for notice and comment on the waiver request,
and otherwise consult with members of the public, to
solicit comment on the waiver request prior to acting
on the request.
``(3) Restrictions.--
``(A) In general.--The Secretary shall not waive
the following statutory sections or any regulatory
requirements related to such sections:
``(i) Section 401(a).
``(ii) Paragraphs (1) through (4) of
section 403(a).
``(iii) Section 407(e)(2).
``(iv) Section 407(f).
``(v) Section 408(d).
``(vi) Section 409(a)(7).
``(4) Duration and extension of waiver.--
``(A) In general.--Except as provided in
subparagraph (B), a waiver approved by the Secretary
under this subsection may be for a period not to exceed
5 years.
``(B) Extension.--The Secretary may extend the
period described in subparagraph (A) if the Secretary
determines that the waiver has been effective in
enabling the State or Indian tribe to carry out the
activities for which the waiver was requested and the
waiver has improved or enhanced performance related to
1 or more of the purposes of this part.
``(5) Approval procedure.--
``(A) In general.--Not later than 60 days after the
date of receiving a request for a waiver under this
subsection, the Secretary shall provide a response
that--
``(i) approves the waiver request;
``(ii) provides a description of
modifications that would be necessary in order
to secure approval for the waiver;
``(iii) denies the request and describes
the grounds for the denial; or
``(iv) requests clarification of the waiver
request.
``(B) Approval decisions.--The Secretary shall not
approve any waiver request that does not include all
the information required in subparagraph (2)(A) and
shall take into account how the waiver is likely to
further the purposes of section 401(a) and comments
received regarding the waiver request.
``(C) Waiver approvals and denials.--All waiver
approvals and denials shall be made publicly available
by the Secretary.
``(6) Reports on projects.--The Secretary shall provide
annually to Congress a report concerning waivers approved under
this subsection, including--
``(A) the projects approved and denied for each
applicant;
``(B) the number of waivers granted under this
subsection;
``(C) the specific statutory provisions waived; and
``(D) descriptive information about the nature and
status of approved waivers, including findings from
interim and final evaluation reports.
``(g) Cost-Neutrality Requirement.--
``(1) General rule.--Notwithstanding any other provision of
law (except as provided in paragraph (2)), the total of the
amounts that may be paid by the Federal Government for a fiscal
year with respect to the programs in a State for which a waiver
has been granted under subsection (e) or (f) shall not exceed
the estimated total amount that the Federal Government would
have paid for the fiscal year with respect to the programs if
the waiver had not been granted, as determined by the Director
of the Office of Management and Budget.
``(2) Special rule.--If an applicant submits to the
Director of the Office of Management and Budget a request to
apply the rules of this paragraph to the programs in the State
with respect to which a waiver under subsection (e) or (f) has
been provided, during such period of not more than 5
consecutive fiscal years in which the waiver is in effect, and
the Director determines, on the basis of supporting information
provided by the applicant, to grant the request, then,
notwithstanding any other provision of law, the total of the
amounts that may be paid by the Federal Government for the
period with respect to the programs shall not exceed the
estimated total amount that the Federal Government would have
paid for the period with respect to the programs if the waiver
had not been granted.''. | Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to provide a state option to extend current waivers through FY2010, and create additional waiver authority under the TANF program. | {"src": "billsum_train", "title": "To amend part A of title IV of the Social Security Act to provide a State option to extend current waivers and create additional waiver authority under the temporary assistance for needy families program."} | 1,470 | 56 | 0.529732 | 1.296526 | 0.729365 | 1.930233 | 32.534884 | 0.813953 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Customer Service Enhancement
Act''.
SEC. 2. DEVELOPMENT OF PERFORMANCE MEASURES AND STANDARDS FOR CUSTOMER
SERVICE PROVIDED BY FEDERAL AGENCIES.
(a) Requirement.--
(1) Performance measures and standards.--The Director of
the Office of Management and Budget shall develop--
(A) performance measures to determine whether
Federal agencies are providing high-quality customer
service; and
(B) standards to be met by Federal agencies in
order to provide high-quality customer service.
(2) Requirement to take into account certain information.--
The standards under paragraph (1) shall be developed after
taking into account the information collected by Federal
agencies under subsection (b).
(b) Customer Service Input.--The head of each Federal agency shall
collect information from its customers regarding the quality of
customer services provided by the agency. The information shall be
collected through a survey, focus groups, or other appropriate methods.
Each Federal agency shall include this information in its performance
report submitted under section 1116 of title 31, United States Code.
(c) Annual Report.--The Director of the Office of Management and
Budget shall issue an annual report on the success of Federal agencies
in meeting the customer service performance measures and standards
developed under subsection (a).
SEC. 3. IMPLEMENTATION OF CUSTOMER SERVICE STANDARDS.
(a) Customer Relations Representative.--The head of each Federal
agency shall designate an employee to be the customer relations
representative of the agency. Such representative shall be responsible
for implementing the customer service standards developed under section
2 and the agency requirements under subsection (b).
(b) Agency Requirements.--
(1) Guidelines and contact information.--
(A) In general.--The head of each Federal agency,
acting through its customer relations representative,
shall--
(i) issue guidelines to implement the
customer service standards developed under
section 2 within the agency, including specific
principles of customer service applicable to
that agency; and
(ii) publish customer service contact
information, including a mailing address,
telephone number, and e-mail address.
(B) Availability.--The guidelines and the customer
service contact information required under this
paragraph shall be available on the agency's public
website.
(2) Stationery requirements.--Each Federal agency shall
include its address and phone number on any agency stationery.
In the case of correspondence originating from a regional or
local office of a Federal agency, the agency shall include the
address and phone number of the regional or local office on the
stationery.
SEC. 4. REPORT BY GOVERNMENT ACCOUNTABILITY OFFICE.
(a) Report Required.--Not later than two years after the date of
the enactment of this Act, the Comptroller General shall submit to the
Committee on Oversight and Government Reform of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate a report analyzing the information reported by
agencies under section 2(b).
(b) Matters Covered.--The report shall include--
(1) whether agencies are implementing the customer service
standards;
(2) whether there is an increase in overall quality in
customer service in the Federal Government; and
(3) any recommendations the Comptroller General may have to
improve performance measures and standards for customer service
in the Federal Government.
(c) Use of Report.--The report may be used by Congress as well as
the Director of Office of Management and Budget to update performance
measures for customer service.
SEC. 5. INCENTIVES FOR CUSTOMER SERVICE.
(a) Award Program.--The head of a Federal agency may establish an
awards program to pay a cash award under chapter 45 of title 5, United
States Code, to employees for demonstrated excellence in customer
service.
(b) Performance Appraisal.--Compliance with customer service
standards developed under this Act shall, to the extent practicable, be
an element of a performance appraisal system referred to in section
5307(d) of title 5, United States Code.
SEC. 6. DEFINITIONS.
In this Act:
(1) The term ``customer'', with respect to a Federal
agency, means any individual or entity, including a business,
State or local government, other Federal agency, or Congress,
to which the agency provides services or information.
(2) The term ``Federal agency'' has the meaning given the
term ``Executive agency'' by section 105 of title 5, United
States Code, except that the term does not include an agency if
the President determines that this Act should not apply to the
agency for national security reasons. | Federal Customer Service Enhancement Act - Requires the Director of the Office of Management and Budget (OMB) to develop: (1) performance measures to determine whether federal agencies are providing high quality customer service; and (2) standards to be met by federal agencies to provide high quality customer service.
Requires the head of each agency to: (1) collect information from its customers regarding the quality of its of customer services; and (2) include this information in its performance report to the President and Congress.
Requires the Director to report annually on the success of federal agencies in meeting the customer service performance measures and standards.
Requires the head of each agency to designate an employee as its customer relations representative to be responsible for implementing customer service standards.
Directs the Comptroller General to submit to the House Committee on Oversight and Government Reform and the Senate Committee on Homeland Security and Governmental Affairs a report analyzing the information reported by agencies on the quality of customer service. Requires such report to include: (1) whether agencies are implementing the customer service standards; (2) whether there is an increase in overall quality in customer service; and (3) any recommendations the Comptroller General may have to improve performance measures and standards for customer service. Authorizes the report to be used by Congress and the Director to update performance measures for customer service.
Authorizes the head of a federal agency to establish an awards program to pay a cash award to employees for demonstrated excellence in customer service. | {"src": "billsum_train", "title": "To require the establishment of customer service standards for Federal agencies."} | 1,020 | 310 | 0.677979 | 1.954443 | 0.874399 | 4.823529 | 3.242215 | 0.961938 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Notch Fairness Act of 2013''.
SEC. 2. NEW GUARANTEED MINIMUM PRIMARY INSURANCE AMOUNT WHERE
ELIGIBILITY ARISES DURING TRANSITIONAL PERIOD.
(a) In General.--Section 215(a) of the Social Security Act is
amended--
(1) in paragraph (4)(B), by inserting ``(with or without
the application of paragraph (8))'' after ``would be made'',
and by striking ``1984'' in clause (i) and inserting ``1989'';
and
(2) by adding at the end the following:
``(8)(A) In the case of an individual described in paragraph (4)(B)
(subject to subparagraphs (F) and (G) of this paragraph), the amount of
the individual's primary insurance amount as computed or recomputed
under paragraph (1) shall be deemed equal to the sum of--
``(i) such amount, and
``(ii) the applicable transitional increase amount (if
any).
``(B) For purposes of subparagraph (A)(ii), the term `applicable
transitional increase amount' means, in the case of any individual, the
product derived by multiplying--
``(i) the excess under former law, by
``(ii) the applicable percentage in relation to the year in
which the individual becomes eligible for old-age insurance
benefits, as determined by the following table:
``If the individual becomes The applicable
eligible for such benefits in: percentage is:
1979................................................... 55
1980................................................... 45
1981................................................... 35
1982................................................... 32
1983................................................... 25
1984................................................... 20
1985................................................... 16
1986................................................... 10
1987................................................... 3
1988................................................... 5.
``(C) For purposes of subparagraph (B), the term `excess under
former law' means, in the case of any individual, the excess of--
``(i) the applicable former law primary insurance amount,
over
``(ii) the amount which would be such individual's primary
insurance amount if computed or recomputed under this section
without regard to this paragraph and paragraphs (4), (5), and
(6).
``(D) For purposes of subparagraph (C)(i), the term `applicable
former law primary insurance amount' means, in the case of any
individual, the amount which would be such individual's primary
insurance amount if it were--
``(i) computed or recomputed (pursuant to paragraph
(4)(B)(i)) under section 215(a) as in effect in December 1978,
or
``(ii) computed or recomputed (pursuant to paragraph
(4)(B)(ii)) as provided by subsection (d),
(as applicable) and modified as provided by subparagraph (E).
``(E) In determining the amount which would be an individual's
primary insurance amount as provided in subparagraph (D)--
``(i) subsection (b)(4) shall not apply;
``(ii) section 215(b) as in effect in December 1978 shall
apply, except that section 215(b)(2)(C) (as then in effect)
shall be deemed to provide that an individual's `computation
base years' may include only calendar years in the period after
1950 (or 1936 if applicable) and ending with the calendar year
in which such individual attains age 61, plus the 3 calendar
years after such period for which the total of such
individual's wages and self-employment income is the largest;
and
``(iii) subdivision (I) in the last sentence of paragraph
(4) shall be applied as though the words `without regard to any
increases in that table' in such subdivision read `including
any increases in that table'.
``(F) This paragraph shall apply in the case of any individual only
if such application results in a primary insurance amount for such
individual that is greater than it would be if computed or recomputed
under paragraph (4)(B) without regard to this paragraph.
``(G)(i) This paragraph shall apply in the case of any individual
subject to any timely election to receive lump sum payments under this
subparagraph.
``(ii) A written election to receive lump sum payments under this
subparagraph, in lieu of the application of this paragraph to the
computation of the primary insurance amount of an individual described
in paragraph (4)(B), may be filed with the Commissioner of Social
Security in such form and manner as shall be prescribed in regulations
of the Commissioner. Any such election may be filed by such individual
or, in the event of such individual's death before any such election is
filed by such individual, by any other beneficiary entitled to benefits
under section 202 on the basis of such individual's wages and self-
employment income. Any such election filed after December 31, 2013,
shall be null and void and of no effect.
``(iii) Upon receipt by the Commissioner of a timely election filed
by the individual described in paragraph (4)(B) in accordance with
clause (ii)--
``(I) the Commissioner shall certify receipt of such
election to the Secretary of the Treasury, and the Secretary of
the Treasury, after receipt of such certification, shall pay
such individual, from amounts in the Federal Old-Age and
Survivors Insurance Trust Fund, a total amount equal to $5,000,
in 4 annual lump sum installments of $1,250, the first of which
shall be made during fiscal year 2014 not later than July 1,
2014, and
``(II) subparagraph (A) shall not apply in determining such
individual's primary insurance amount.
``(iv) Upon receipt by the Commissioner as of December 31, 2013, of
a timely election filed in accordance with clause (ii) by at least one
beneficiary entitled to benefits on the basis of the wages and self-
employment income of a deceased individual described in paragraph
(4)(B), if such deceased individual has filed no timely election in
accordance with clause (ii)--
``(I) the Commissioner shall certify receipt of all such
elections received as of such date to the Secretary of the
Treasury, and the Secretary of the Treasury, after receipt of
such certification, shall pay each beneficiary filing such a
timely election, from amounts in the Federal Old-Age and
Survivors Insurance Trust Fund, a total amount equal to $5,000
(or, in the case of 2 or more such beneficiaries, such amount
distributed evenly among such beneficiaries), in 4 equal annual
lump sum installments, the first of which shall be made during
fiscal year 2014 not later than July 1, 2014, and
``(II) solely for purposes of determining the amount of
such beneficiary's benefits, subparagraph (A) shall be deemed
not to apply in determining the deceased individual's primary
insurance amount.''.
(b) Effective Date and Related Rules.--
(1) Applicability of amendments.--
(A) In general.--Except as provided in paragraph
(2), the amendments made by this Act shall be effective
as though they had been included or reflected in
section 201 of the Social Security Amendments of 1977.
(B) Applicability.--No monthly benefit or primary
insurance amount under title II of the Social Security
Act shall be increased by reason of such amendments for
any month before July 2014.
(2) Recomputation to reflect benefit increases.--In any
case in which an individual is entitled to monthly insurance
benefits under title II of the Social Security Act for June
2014, if such benefits are based on a primary insurance amount
computed--
(A) under section 215 of such Act as in effect (by
reason of the Social Security Amendments of 1977) after
December 1978, or
(B) under section 215 of such Act as in effect
prior to January 1979 by reason of subsection (a)(4)(B)
of such section (as amended by the Social Security
Amendments of 1977),
the Commissioner of Social Security (notwithstanding section
215(f)(1) of the Social Security Act) shall recompute such
primary insurance amount so as to take into account the
amendments made by this Act. | Notch Fairness Act of 2013 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to revise the formula for the computation of minimum Old Age Insurance benefits for individuals who reached age 65 in or after 1979, and to whom applies the 15-year transition period for the changes in benefit computation rules enacted in the Social Security Amendments of 1977. ("Notch" refers to birth in the United States between 1917 and 1921, as a result of which a retiree born between those years received lower cost-of-living increases in Social Security than others after Congress readjusted Social Security benefits in 1977.) Sets forth a schedule of additional benefit increases for such beneficiaries (and related beneficiaries), with percentages declining from 55% to 5% and keyed to the year an individual became eligible for such benefits between 1979 and 1988. Allows such beneficiaries, in the alternative, to receive lump sum payments over four years totaling $5,000. | {"src": "billsum_train", "title": "Notch Fairness Act of 2013"} | 1,854 | 224 | 0.500008 | 1.384928 | 0.602629 | 1.612565 | 8.884817 | 0.722513 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gun Violence Control Act''.
TITLE I--COP-KILLER BULLETS
SEC. 101. REGULATION OF THE MANUFACTURE, IMPORTATION, AND SALE OF
PROJECTILES THAT MAY BE USED IN A HANDGUN AND ARE CAPABLE
OF PENETRATING POLICE BODY ARMOR.
(a) Expansion of Definition of Armor Piercing Ammunition.--Section
921(a)(17)(B) of title 18, United States Code, is amended--
(1) by striking ``or'' at the end of clause (i);
(2) by striking the period at the end of clause (ii) and
inserting ``; and''; and
(3) by adding at the end the following:
``(iii) a projectile that may be used in a handgun and that
the Secretary determines, pursuant to section 926(d), to be
capable of penetrating body armor.''.
(b) Determination of the Capability of Projectiles to Penetrate
Body Armor.--Section 926 of such title is amended by adding at the end
the following:
``(d)(1) The Secretary shall determine whether a projectile is
capable of penetrating body armor, in accordance with regulations
prescribed by the Secretary not later than 1 year after the date of the
enactment of this subsection. Such regulations shall provide for
uniform testing of projectiles against the Body Armor Exemplar, based
on standards developed in cooperation with the Attorney General of the
United States. Such standards shall take into account, among other
factors, variations in performance that are related to the length of
the barrel of the handgun from which the projectile is fired and the
amount and kind of powder used to propel the projectile.
``(2) As used in paragraph (1), the term `Body Armor Exemplar'
means body armor that the Secretary, in cooperation with the Attorney
General of the United States, determines meets minimum standards for
protection of law enforcement officers.''.
TITLE II--DOMESTIC VIOLENCE
SEC. 201. DEFINITIONS.
Section 921(a) of title 18, United States Code, is amended by
adding at the end the following new paragraph:
``(33) The term `crime involving domestic violence' means a crime
of violence (as defined in section 16) committed by a current or former
spouse, parent, or guardian of the victim, by a person with whom the
victim shares a child in common, by a person who is cohabitating with
or has cohabitated with the victim as a spouse, parent, or guardian, or
by a person similarly situated to a spouse, parent, or guardian of the
victim under the domestic or family violence laws of the jurisdiction
in which such crime of violence was committed.''.
SEC. 202. UNLAWFUL ACTS.
Section 922 of title 18, United States Code, is amended--
(1) in subsection (d)--
(A) by striking ``or'' at the end of paragraph (7);
(B) by striking the period at the end of paragraph
(8) and inserting ``; or''; and
(C) by inserting after paragraph (8) the following:
``(9) is under indictment for, or has been convicted in any
court of, a crime involving domestic violence.''; and
(2) in subsection (g)--
(A) by striking ``or'' at the end of paragraph (7);
(B) by striking the comma at the end of paragraph
(8) and inserting ``; or''; and
(C) by inserting after paragraph (8) the following:
``(9) who is under indictment for, or has been convicted in
any court, of a crime involving domestic violence,''.
SEC. 203. RULES AND REGULATIONS.
Section 926(a) of title 18, United States Code, is amended by
striking ``(d)(8) or (g)(8)'' and inserting ``(d)(8), (d)(9), (g)(8),
or (g)(9)''.
SEC. 204. ADMINISTRATIVE RELIEF FROM CERTAIN FIREARM PROHIBITIONS.
(a) In General.--Section 925(c) of title 18, United States Code, is
amended--
(1) in the 1st sentence, by inserting ``(other than a
person convicted of a crime involving domestic violence)''
before ``who is prohibited'';
(2) in the 4th sentence--
(A) by inserting ``person (other than a person
convicted of a crime involving domestic violence) who
is a'' before ``licensed importer''; and
(B) by striking ``his'' and inserting ``the
person's''; and
(3) in the 5th sentence, by striking ``he'' and inserting
``the Secretary''.
(b) Applicability.--The amendments made by subsection (a) shall
apply to--
(1) applications for administrative relief and actions for
judicial review that are pending on the date of the enactment
of this Act; and
(2) applications for administrative relief filed, and
actions for judicial review brought, after the date of the
enactment of this Act. | TABLE OF CONTENTS:
Title I: Cop-Killer Bullets
Title II: Domestic Violence
Gun Violence Control Act -
Title I: Cop-Killer Bullets
- Amends the Federal criminal code to expand the definition of "armor piercing ammunition" to include a projectile that may be used in a handgun and that the Secretary of the Treasury determines to be capable of penetrating body armor. Requires the Secretary to determine whether a projectile is capable of penetrating body armor in accordance with regulations providing for uniform testing of such projectiles against Body Armor Exemplar standards for protection of law enforcement officers.
Title II: Domestic Violence
- Defines "crime involving domestic violence" as a crime of violence committed by a current or former spouse, parent, or guardian (spouse) of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, or by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which such crime was committed.
Prohibits persons under indictment for, or convicted in any court of, a crime involving domestic violence from: (1) selling or otherwise disposing of any firearm or ammunition to specified classes of individuals, such as drug addicts and illegal aliens; or (2) possessing or shipping or transporting in interstate or foreign commerce any firearm or ammunition; or (3) receiving any firearm or ammunition which has been so shipped or transported.
Authorizes the Secretary to prescribe regulations providing for effective receipt and secure storage of firearms relinquished by or seized from such persons.
Excludes persons convicted of a crime involving domestic violence from administrative relief from certain firearm prohibitions. | {"src": "billsum_train", "title": "Gun Violence Control Act"} | 1,241 | 405 | 0.667057 | 2.10001 | 0.721115 | 3.988304 | 3.090643 | 0.812865 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``ITIN Reform Act of 2012''.
SEC. 2. REQUIREMENTS FOR THE ISSUANCE OF ITINS.
(a) In General.--Section 6109 of the Internal Revenue Code of 1986
is amended by adding at the end the following:
``(i) Special Rules Relating to the Issuance of ITINs.--
``(1) In general.--The Secretary may issue an individual
taxpayer identification number to an individual only if the
requirements of paragraphs (2) and (3) are met.
``(2) In-person application.--The requirements of this
paragraph are met if, with respect to an application for an
individual taxpayer identification number--
``(A) the applicant submits the application in
person at a taxpayer assistance center of the Internal
Revenue Service a Form W-7 (or any successor thereof),
together with the required documentation, or
``(B) in the case of an applicant who resides
outside of the United States, the applicant submits the
application in person to an employee of the Internal
Revenue Service or a designee of the Secretary at a
United States diplomatic mission or consular post,
together with the required documentation.
``(3) Initial on-site verification of documentation.--The
requirements of this paragraph are met if, with respect to each
application, an employee of the Internal Revenue Service at the
taxpayer assistance center, or the employee or designee
described in paragraph (2)(B), as the case may be, conducts an
initial verification of the documentation supporting the
application submitted under paragraph (2).
``(4) Required documentation.--For purposes of this
subsection--
``(A) required documentation includes such
documentation as the Secretary may require that proves
the individual's identity and foreign status, and
``(B) the Secretary may only accept original
documents.
``(5) Exceptions.--
``(A) Military spouses.--Paragraph (1) shall not
apply to the spouse, or the dependents, without a
social security number of a taxpayer who is a member of
the Armed Forces of the United States.
``(B) Treaty benefits.--Paragraph (1) shall not
apply to a nonresident alien applying for an individual
taxpayer identification number for the purpose of
claiming tax treaty benefits.
``(6) Term.--
``(A) In general.--An individual taxpayer
identification number issued after the date of the
enactment of this subsection shall be valid only for
the 3-year period which includes the taxable year of
the individual for which such number is issued and the
2 succeeding taxable years.
``(B) Continued validity.--Such number shall be
valid for each succeeding 3-year period if--
``(i) a return of the individual (or, if a
dependent, on which the individual is included)
is made for a taxable year in the preceding 3-
year period, and
``(ii) each of the preceding 3-year periods
beginning with the period in which such number
was issued is a valid period under this
paragraph.
``(C) Special rule for existing itins.--In the case
of an individual with an individual taxpayer
identification number issued on or before the date of
the enactment of this subsection, such number shall not
be valid--
``(i) after the end of the 3-year period
beginning on the date of the enactment of this
subsection, and
``(ii) if a return of the individual (or,
if a dependent, on which the individual is
included) is not made for the first taxable
year beginning after the date of the enactment
of this subsection.''.
(b) Interest.--Section 6611 of such Code is amended by
redesignating subsection (h) as subsection (i) and by inserting after
subsection (g) the following new subsection:
``(h) Special Rule Relating to ITINs.--Notwithstanding any other
provision of this section, no interest shall be allowed or paid to or
on behalf of a individual with respect to any overpayment until after
45 days after an individual taxpayer identification number is issued to
the individual.''.
(c) Audit by TIGTA.--Not later than two years after the date of the
enactment of this Act, and every two years thereafter, the Treasury
Inspector General for Tax Administration shall conduct an audit of the
program of the Internal Revenue Service for the issuance of individual
taxpayer identification numbers pursuant to section 6109(i) of the
Internal Revenue Code of 1986. The report required by this subsection
shall be submitted to the Congress.
(d) Effective Date.--
(1) Subsection (a).--The amendment made by subsection (a)
shall apply to requests for individual taxpayer identification
numbers made after the date of the enactment of this Act.
(2) Subsection (b).--The amendment made by subsection (b)
shall apply to returns due, claims filed, and refunds paid
after the date of the enactment of this Act. | ITIN Reform Act of 2012 - Amends the Internal Revenue Code to authorize the Secretary of the Treasury to issue an individual taxpayer identification number (ITIN) to an individual only if such individual: (1) submits an application for an ITIN in person at an Internal Revenue Service (IRS) taxpayer assistance center with required documentation, or (2) submits an application in person outside of the United States to an IRS employee or a designee of the Secretary at a U.S. diplomatic mission or consular post with required documentation. Exempts from such requirements: (1) the spouse, or the dependents, without a social security number of a taxpayer who is a member of the U.S. Armed Forces, and (2) nonresident aliens claiming tax treaty benefits. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to require that ITIN applicants submit their application in person at taxpayer assistance centers, and for other purposes."} | 1,115 | 168 | 0.682333 | 1.831584 | 0.715989 | 3.978873 | 7.21831 | 0.93662 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Intercountry Adoption Services
Provider Registration Act''.
SEC. 2. REGISTRATION REQUIREMENT.
No person shall make available an intercountry adoption service
unless that person has filed with the Secretary a registration
statement, supplements, and other information as required by this Act.
SEC. 3. REGISTRATION STATEMENT CONTENTS.
A registration statement required under section 2 shall disclose--
(1) the provider's name;
(2) all of the provider's business addresses in the United
States and elsewhere;
(3) all of the provider's business telephone numbers in the
United States and elsewhere;
(4) if the provider is an individual, the individual's
nationality and United States immigration status;
(5) if the provider is a partnership, each partner's name,
nationality, and United States immigration status, and a copy
of the partnership agreement;
(6) if the provider is an association, a corporation, or
any other combination of individuals other than a partnership--
(A) the name, nationality, and United States
immigration status of each officer and each director;
(B) a copy of the organization's charter or
articles of incorporation;
(C) a copy of the organization's bylaws; and
(D) a statement describing the ownership and
control of the organization;
(7) a statement describing the nature of the provider's
business;
(8) a complete list of the provider's employees and a
statement describing the nature of the work of each;
(9) a detailed statement describing each intercountry
adoption service that the provider makes available or intends
to make available;
(10) a schedule of all fees, including foreign and domestic
program fees and fees for foster care, which the provider
charges for its intercountry adoption services;
(11) a list of the sources of the children whom the
provider makes or intends to make available for adoption, if
any, and the names, addresses, and telephone numbers of such
sources;
(12) a list of any coordinators or contractors not listed
under paragraph (8) or (11) who are employed or otherwise
provided any remuneration by the provider to assist with the
intercountry adoption services made available by the provider,
and the names, addresses, and telephone numbers of those
coordinators or contractors; and
(13) any further information which the Secretary considers
necessary to make the statements made in the registration
statement, or the supporting documents disclosed under this
section, accurate and not misleading.
SEC. 4. REGISTRATION STATEMENT UPDATES.
(a) Annual Supplements.--Within 1 year after filing a registration
statement, and annually thereafter, each provider shall file with the
Secretary a supplement to the registration statement. Such supplement
shall disclose information the Secretary requires to make the
disclosures under section 3 accurate, complete, and current.
(b) Additional Supplements.--The Secretary may require that
supplements be filed at more frequent intervals than required by
subsection (a), if such filings would serve the public interest,
including the interests of persons seeking intercountry adoption
services.
(c) Notification of Certain Changes.--With respect to the
information required to be disclosed by paragraphs (1), (2), (7), and
(11) of section 3, the provider shall notify the Secretary of any
changes in such information within 45 days after the changes occur.
SEC. 5. FILING FEE.
The Secretary shall establish a schedule of fees to charge
providers for filing a registration statement. Such schedule shall be
designed to cover the cost of the administration of this Act.
SEC. 6. ENFORCEMENT.
(a) Penalties.--Any person convicted of a violation of section 2
shall be fined under title 18, United States Code, or imprisoned not
more than 2 years, or both.
(b) Notice of Deficient Registration Statement.--If the Secretary
finds that a registration statement does not comply the requirements of
this Act and that such noncompliance is not willful, the Secretary
shall notify the provider in writing, specifying the deficiencies. A
provider charged with a violation of section 2 based on a deficiency
cited in such notice shall not be prosecuted unless the provider has
not remedied the deficiency within 20 days after such notice is
received.
SEC. 7. PUBLIC AVAILABILITY OF INFORMATION.
(a) Public Inspection.--Not later than 30 days after receipt by the
Secretary, except as provided in subsection (b), copies of all
registration statements, supplements, and other documents filed with
the Secretary under this Act shall be available for public inspection
and photocopying at a reasonable cost at various locations around the
country, as determined by the Secretary.
(b) Information on Sources.--
(1) Exemption from disclosure.--
(A) In general.--Except as provided in subparagraph
(B), information provided to the Secretary pursuant to
section 3(11) shall not be disclosed by the Secretary
under subsection (a).
(B) Disclosure.--The Secretary may disclose under
subsection (a) information described in subparagraph
(A) only if the Secretary finds that a person seeking
or using intercountry adoption services has a
substantial need for such a disclosure for the purposes
of litigation. The Secretary shall limit the breadth of
such a disclosure to that information which is
reasonably necessary to satisfy such need.
(2) Additional exemption from disclosure.--Section 552 of
title 5, United States Code, shall not apply to information
provided to the Secretary pursuant to section 3(11).
SEC. 8. DEFINITIONS.
For the purposes of this Act--
(1) the term ``intercountry adoption service'' means a
service provided in the United States, related to the adoption
of a person from outside the United States, that--
(A) arranges adoptions;
(B) identifies prospective adoptees;
(C) secures the consent necessary for the
termination of parental rights or for adoptions;
(D) performs background studies on prospective
adoptees, home studies on prospective adoptive parents,
or reports of such studies;
(E) determines the best interests of adoptees or
the appropriateness of adoptive placements;
(F) counsels adoptees, birth parents, or adoptive
parents with respect to adoptions;
(G) monitors adoptees and their placement until
adoptions are finalized;
(H) in the case of adoptions that cannot be
finalized, assumes custody of an adoptee or provides
child care or other social services to the adoptee
pending an alternative placement; or
(I) is such other service related to intercountry
adoption as the Secretary of State may by regulation
provide;
(2) the term ``provider'' means a person who makes
available or intends to make available an intercountry adoption
service;
(3) the term ``registration statement'' means a
registration statement filed pursuant to this Act; and
(4) the term ``Secretary'' means the Secretary of State.
SEC. 9. EFFECTIVE DATE.
This Act shall become effective 1 year after the date of its
enactment. | Intercountry Adoption Services Provider Registration Act - Sets forth specified registration filing requirements of any person offering intercountry adoption services, including annual supplementary updates and filing fees, criminal penalties for noncompliance, and public availability of all related documents. | {"src": "billsum_train", "title": "Intercountry Adoption Services Provider Registration Act"} | 1,554 | 53 | 0.540478 | 1.498282 | 0.884122 | 1.571429 | 34.547619 | 0.809524 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ensuring Diverse Leadership Act of
2017''.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds that--
(1) while significant progress has occurred due to the
antidiscrimination amendments to the Federal Reserve Act,
barriers continue to pose significant obstacles for candidates
reflective of gender diversity and racial or ethnic diversity
for Federal Reserve bank president positions in the Federal
Reserve System;
(2) the continuing barriers described in paragraph (1)
merit the following amendment;
(3) Congress has received and reviewed testimony and
documentation of the historical lack of gender, racial, and
ethnic diversity from numerous sources, including congressional
hearings, scientific reports, reports issued by public and
private agencies, news stories, and reports of related barriers
by organizations and individuals, which show that
race-, ethnicity-, and gender-neutral efforts alone are
insufficient to address the problem;
(4) the testimony and documentation described in paragraph
(3) demonstrate that barriers across the United States prove
problematic for full and fair participation in developing
monetary policy by individuals reflective of gender diversity
and racial or ethnic diversity; and
(5) the testimony and documentation described in paragraph
(3) provide a strong basis that there is a compelling need for
the below amendment to address the historical lack of gender,
racial, and ethnic diversity in the Federal Reserve regional
bank presidents selection process in the Federal Reserve
System.
SEC. 3. FEDERAL RESERVE BANK PRESIDENTS.
The provision designated ``fifth'' of the fourth undesignated
paragraph of section 4 of the Federal Reserve Act (12 U.S.C. 341) is
amended by inserting after ``employees.'' the following: ``In making
the appointment of a president, the bank shall interview at least one
individual reflective of gender diversity and one individual reflective
of racial or ethnic diversity.''.
SEC. 4. TECHNICAL ADJUSTMENTS.
(a) American Competitiveness and Workforce Improvement Act of
1998.--Section 418(b) of the American Competitiveness and Workforce
Improvement Act of 1998 (8 U.S.C. 1184 note) is amended by striking
``Chairman of the Board of Governors'' and inserting ``Chair of the
Board of Governors''.
(b) Bretton Woods Agreements Act.--The Bretton Woods Agreements Act
(22 U.S.C. 286 et seq.) is amended--
(1) in section 4(a), by striking ``Chairman of the Board of
Governors'' and inserting ``Chair of the Board of Governors'';
and
(2) in section 45(a)(1), by striking ``chairman of the
board of Governors'' and inserting ``Chair of the Board of
Governors''.
(c) Dodd-Frank Wall Street Reform and Consumer Protection Act.--The
Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C.
5301 et seq.) is amended by striking ``Chairman of the Board'' each
place such term appears and inserting ``Chair of the Board''.
(d) Emergency Economic Stabilization Act of 2008.--The Emergency
Economic Stabilization Act of 2008 (12 U.S.C. 5201 et seq.) is amended
by striking ``Chairman of the Board'' each place such term appears and
inserting ``Chair of the Board''.
(e) Emergency Loan Guarantee Act.--Section 2 of the Emergency Loan
Guarantee Act (15 U.S.C. 1841) is amended by striking ``Chairman of the
Board of Governors'' and inserting ``Chair of the Board of Governors''.
(f) Emergency Steel Loan Guarantee and Emergency Oil and Gas Act of
1999.--The Emergency Steel Loan Guarantee and Emergency Oil and Gas Act
of 1999 (15 U.S.C. 1841 note) is amended--
(1) in section 101(e)(2)--
(A) by striking ``Chairman of the Board of
Governors'' and inserting ``Chair of the Board of
Governors''; and
(B) by striking ``Chairman,'' and inserting
``Chair,''; and
(2) in section 201(d)(2)(B)--
(A) by striking ``Chairman of the Board of
Governors'' and inserting ``Chair of the Board of
Governors''; and
(B) by striking ``Chairman,'' and inserting
``Chair,''.
(g) Farm Credit Act of 1971.--Section 4.9(d)(1)(C) of the Farm
Credit Act of 1971 (12 U.S.C. 2160(d)(1)(C)) is amended by striking
``Chairman of the Board of Governors'' and inserting ``Chair of the
Board of Governors''.
(h) Federal Deposit Insurance Act.--The Federal Deposit Insurance
Act (12 U.S.C. 1811 et seq.) is amended by striking ``Chairman of the
Board of Governors'' each place such term appears and inserting ``Chair
of the Board of Governors''.
(i) Federal Reserve Act.--The Federal Reserve Act (12 U.S.C. 226 et
seq.) is amended--
(1) by striking ``chairman'' each place such term appears
and inserting ``chair'';
(2) by striking ``Chairman'' each place such term appears
other than in section 11(r)(2)(B) and inserting ``Chair'';
(3) in section 2, in the sixth undesignated paragraph--
(A) in the second sentence, by striking ``his'' and
inserting ``the Comptroller of the Currency's''; and
(B) in the third sentence, by striking ``his'' and
inserting ``the director's'';
(4) in section 4--
(A) in the third undesignated paragraph, by
striking ``his office'' and inserting ``the Office of
the Comptroller of the Currency'';
(B) in the fourth undesignated paragraph, in the
provision designated ``fifth'', by striking ``his'' and
inserting ``the person's'';
(C) in the eighth undesignated paragraph, by
striking ``his'' and inserting ``the chair's'';
(D) in the seventeenth undesignated paragraph--
(i) by striking ``his'' and inserting ``the
officer's''; and
(ii) by striking ``he'' and inserting ``the
individual'';
(E) in the twentieth undesignated paragraph--
(i) by striking ``He'' each place such term
appears and inserting ``The chair'';
(ii) in the third sentence--
(I) by striking ``his'' and
inserting ``the''; and
(II) by striking ``he'' and
inserting a comma; and
(iii) in the fifth sentence, by striking
``he'' and inserting ``the chair''; and
(F) in the twenty-first undesignated paragraph, by
striking ``his'' each place such term appears and
inserting ``the agent's'';
(5) in section 6, in the second undesignated paragraph, by
striking ``he'' and inserting ``the Comptroller of the
Currency'';
(6) in section 9A(c)(2)(C), by striking ``he'' and
inserting ``the participant'';
(7) in section 10--
(A) by striking ``he'' each place such term appears
and inserting ``the member'';
(B) in the second undesignated paragraph. by
striking ``his'' and inserting ``the member's''; and
(C) in the fourth undesignated paragraph--
(i) in the second sentence, by striking
``his'' and inserting ``the chair's'';
(ii) in the fifth sentence, by striking
``his'' and inserting ``the member's''; and
(iii) in the sixth sentence, by striking
``his'' and inserting ``the member's'';
(8) in section 12, by striking ``his'' and inserting ``the
member's'';
(9) in section 13, in the eleventh undesignated paragraph,
by striking ``his'' and inserting ``the assured's'';
(10) in section 16--
(A) by striking ``he'' each place such term appears
and inserting ``the agent'';
(B) in the seventh undesignated paragraph--
(i) by striking ``his'' and inserting ``the
agent's''; and
(ii) by striking ``himself'' and inserting
``the agent'';
(C) in the tenth undesignated paragraph, by
striking ``his'' and inserting ``the Secretary's''; and
(D) in the fifteenth undesignated paragraph, by
striking ``his'' and inserting ``the agent's'';
(11) in section 18, in the eighth undesignated paragraph,
by striking ``he'' and inserting ``the Secretary of the
Treasury'';
(12) in section 22--
(A) in subsection (f), by striking ``his'' and
inserting ``the director's or officer's''; and
(B) in subsection (g)--
(i) in paragraph (1)(D)--
(I) by striking ``him'' and
inserting ``the officer''; and
(II) by striking ``he'' and
inserting ``the officer''; and
(ii) in paragraph (2)(A), by striking ``him
as his'' and inserting ``the officer as the
officer's''; and
(13) in section 25A--
(A) in the twelfth undesignated paragraph--
(i) by striking ``he'' each place such term
appears and inserting ``the member''; and
(ii) by striking ``his'' and inserting
``the member's'';
(B) in the fourteenth undesignated paragraph, by
striking ``his'' and inserting ``the director's or
officer's''; and
(C) in the twenty-second undesignated paragraph, by
striking ``his'' each place such term appears and
inserting ``such individual's''.
(j) Federal Reserve Reform Act of 1977.--Section 204(b) of the
Federal Reserve Reform Act of 1977 (12 U.S.C. 242 note) is amended by
striking ``Chairman or Vice Chairman of the Board of Governors'' and
inserting ``Chair or Vice Chair of the Board of Governors''.
(k) Financial Institutions Reform, Recovery, and Enforcement Act of
1989.--The Financial Institutions Reform, Recovery, and Enforcement Act
of 1989 is amended--
(1) in section 308 (12 U.S.C. 1463 note)--
(A) in subsection (a), by striking ``Chairman of
the Board of Governors'' and inserting ``Chair of the
Board of Governors''; and
(B) in subsection (c), by striking ``Chairman of
the Board of Governors'' and inserting ``Chair of the
Board of Governors'';
(2) in section 1001(a) (12 U.S.C. 1811 note), by striking
``Chairman of the Board of Governors'' and inserting ``Chair of
the Board of Governors''; and
(3) in section 1205(b)(1)(A) (12 U.S.C. 1818 note)--
(A) by striking ``Chairman of the Board of
Governors'' and inserting ``Chair of the Board of
Governors''; and
(B) by striking ``Chairman's'' and inserting
``Chair's''.
(l) Food, Conservation, and Energy Act of 2008.--Section 13106(a)
of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 2 note) is
amended by striking ``Chairman of the Board of Governors'' and
inserting ``Chair of the Board of Governors''.
(m) Housing and Community Development Act of 1992.--Section
1313(a)(3) of the Housing and Community Development Act of 1992 (12
U.S.C. 4513(a)(3)) is amended--
(1) in the heading, by striking ``chairman'' and inserting
``chair'';
(2) by striking ``Chairman of the Board of Governors'' each
place such term appears and inserting ``Chair of the Board of
Governors''; and
(3) by striking ``Chairman regarding'' and inserting
``Chair regarding''.
(n) Inspector General Act of 1978.--Section 8G of the Inspector
General Act of 1978 is amended by striking ``Chairman of the Board of
Governors'' each place such term appears and inserting ``Chair of the
Board of Governors''.
(o) International Lending Supervision Act of 1983.--Section
908(b)(3)(C) of the International Lending Supervision Act of 1983 (12
U.S.C. 3907(b)(3)(C)) is amended by striking ``Chairman of the Board of
Governors'' and inserting ``Chair of the Board of Governors''.
(p) Neighborhood Reinvestment Corporation Act.--Section 604(a)(3)
of the Neighborhood Reinvestment Corporation Act (42 U.S.C. 8103(a)(3))
is amended by striking ``Chairman'' each place it appears and inserting
``Chair''.
(q) Public Law 93-495.--Section 202(a)(1) of Public Law 93-495 (12
U.S.C. 2402(a)(1)) is amended--
(1) by striking ``Chairman of the Board of Governors'' and
inserting ``Chair of the Board of Governors''; and
(2) by striking ``his'' and inserting ``the Chair's''.
(r) Sarbanes-Oxley Act of 2002.--Section 101(e)(4)(A) of the
Sarbanes-Oxley Act of 2002 (15 U.S.C. 7211(e)(4)(A)) is amended by
striking ``Chairman of the Board of Governors'' and inserting ``Chair
of the Board of Governors''.
(s) Securities Exchange Act of 1934.--Section 17A(f)(4)(C) of the
Securities Exchange Act of 1934 (15 U.S.C. 78q-1(f)(4)(C)) is amended
by striking ``Chairman of the Board of Governors'' and inserting
``Chair of the Board of Governors''.
(t) Title 31.--Title 31, United States Code, is amended--
(1) in section 1344(b)(7), by striking ``Chairman of the
Board of Governors'' and inserting ``Chair of the Board of
Governors''; and
(2) in section 5318A, by striking ``Chairman of the Board
of Governors'' each place such term appears and inserting
``Chair of the Board of Governors''.
(u) Trade Act of 1974.--Section 163(b)(3) of the Trade Act of 1974
(19 U.S.C. 2213(b)(3)) is amended by striking ``Chairman of the Board
of Governors'' and inserting ``Chair of the Board of Governors''.
(v) Deeming of Name.--Any reference in a law, regulation, document,
paper, or other record of the United States to the Chairman of the
Board of Governors of the Federal Reserve System shall be deemed to be
a reference to the Chair of the Board of Governors of the Federal
Reserve System. | Ensuring Diverse Leadership Act of 2017 This bill amends the Federal Reserve Act to require that in making the appointment of a president, a Federal Reserve Bank must interview at least one individual reflective of gender diversity and one reflective of racial or ethnic diversity. The bill amends numerous banking-, finance-, and trade-related Acts to make references to officials (including those to the Chairman of the Board of Governors of the Federal Reserve System) gender-neutral. | {"src": "billsum_train", "title": "Ensuring Diverse Leadership Act of 2017"} | 3,718 | 103 | 0.544613 | 1.569005 | 0.853543 | 3.523256 | 35.465116 | 0.848837 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coastal States Extension Act of
2013''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) In Executive Proclamation 5928, issued on December 27,
1988, the President extended the boundaries of the territorial
sea of the United States from 3 nautical miles to 12 nautical
miles in accordance with international law. However, the
Proclamation did not adequately address the effect of the
extension on the territorial jurisdiction of the States.
(2) The coastal States have, with few exceptions,
jurisdiction over the land, air, water, and resources within
their boundaries, which in most cases extend out into the
oceans 3 nautical miles.
(3) The Great Lake States have jurisdiction over the land,
air, water, and resources of their offshore areas up to the
border with Canada, which can range from 11 to 80 nautical
miles from the coast line.
(4) Some Gulf of Mexico States have jurisdiction over the
land, air, water, and resources of their offshore areas out to
10.4 nautical miles from their coast line.
(5) The coastal States--
(A) have consistently demonstrated an ability to
manage ocean resources within their jurisdiction in a
manner consistent with the interests of both the Nation
and the coastal States;
(B) have demonstrated both experience and skill at
balancing protection, conservation, and utilization of
the living and nonliving resources of the ocean; and
(C) are better equipped than the Federal
Government, in terms of fiscal resources and
administrative abilities, to manage oil and natural gas
resources within 12 nautical miles of their coast line.
SEC. 3. EXTENSION OF STATE JURISDICTION OVER SUBMERGED LANDS.
The Submerged Lands Act is amended--
(1) in section 2(a)(2) (43 U.S.C. 1301(a)(2)) by striking
out ``three geographical miles'' the first place it appears and
all that follows through ``beyond three geographical miles,''
and inserting ``12 nautical miles distant from the coast line
of each such State;'';
(2) in section 2(b) (43 U.S.C. 1301(b))--
(A) by striking out ``they existed'' and all that
follows through ``extended or'' and inserting in lieu
thereof ``approved and''; and
(B) by striking out ``three geographical'' and all
that follows through ``Mexico'' and inserting ``12
nautical miles or, in the case of the Great Lakes,
farther than to the international boundary''; and
(3) in section 4 (43 U.S.C. 1312)--
(A) in the first sentence--
(i) by striking out ``original coastal
State'' and inserting ``coastal State admitted
to the Union before the date of enactment of
the Coastal States Extension Act of 2013''; and
(ii) by striking out ``three geographical''
and inserting ``12 nautical''; and
(B) in the second sentence by striking
``formation'' and all that follows through the end of
the section and inserting ``date of enactment of the
Coastal States Extension Act of 2013 may assert its
seaward boundaries to a line 12 nautical miles distant
from its coast line.''.
SEC. 4. DISPOSITION OF CERTAIN OIL AND NATURAL GAS LEASES IN STATE
SUBMERGED LANDS.
(a) In General.--Any oil lease and natural gas lease executed by
the Secretary of the Interior under the Outer Continental Shelf Lands
Act (43 U.S.C. 1331 and following) that is in effect on the date of the
enactment of this Act covering an area within lands transferred to
States under section 3 shall remain in full force and effect until it
expires pursuant to its terms or is cancelled pursuant to the Outer
Continental Shelf Lands Act. Subject to subsection (b), upon the
expiration or cancellation of such a lease, the State in whose
territory the leased area is situated shall have the authority to grant
oil and natural leases in such area.
(b) Prohibition on Use of Lease Proceeds for Coastal Zone
Development.--A State may not grant a lease in the area transferred to
the State under that section until the Secretary of Commerce determines
that the State has an approved program or is making satisfactory
progress in developing a program under section 306 of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1455).
(c) Definitions.--As used in this section--
(1) the term ``lease'' has the meaning given that term in
section 2(c) of the Outer Continental Shelf Lands Act (43
U.S.C. 1331(c)); and
(2) the term ``coastal zone'' has the meaning given that
term in section 304(1) of the Coastal Zone Management Act of
1972 (16 U.S.C. 1453(1)). | Coastal States Extension Act of 2013 - Amends the Submerged Lands Act to extend state jurisdiction over submerged lands from 3 geographical miles to 12 nautical miles distant from the coast line of a state. Authorizes a state admitted subsequent to the date of enactment of this Act to assert its seaward boundaries to a line 12 nautical miles distant from its coast line. States that any oil lease and natural gas lease executed by the Secretary of the Interior that is in effect on the date of the enactment of this Act, and which covers an area within lands transferred to states under this Act, shall remain in full force and effect until it either expires pursuant to its terms or is cancelled pursuant to the Outer Continental Shelf Lands Act (OCSLA). Authorizes a state in whose territory the leased area is situated to grant oil and natural leases in such area. Prohibits a state from granting a lease in an area transferred to it under OCSLA until the Secretary of Commerce determines that the state has either an approved management program, or is making satisfactory progress in developing such a program, pursuant to certain administrative grant requirements of the Coastal Zone Management Act of 1972. | {"src": "billsum_train", "title": "Coastal States Extension Act of 2013"} | 1,097 | 265 | 0.518523 | 1.505215 | 0.81454 | 4.781818 | 4.490909 | 0.927273 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hong Kong Human Rights and Democracy
Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Joint Declaration of the Government of the United
Kingdom of Great Britain and Northern Ireland and the
Government of the People's Republic of China on the Question of
Hong Kong, done at Beijing December 19, 1984 (in this Act
referred to as the ``Joint Declaration'')--
(A) provided that the People's Republic of China
resumed sovereignty over Hong Kong on July 1, 1997; and
(B) established a ``high degree of autonomy'' for
Hong Kong except in matters of foreign affairs and
defense.
(2) The Basic Law of the Hong Kong Special Administrative
Region of the People's Republic of China (in this Act referred
to as ``Basic Law'')--
(A) guarantees Hong Kong a ``high degree of
autonomy'' and separate executive, legislative, and
independent judicial powers;
(B) generally prohibits the central Government of
the People's Republic of China from interfering in the
affairs that Hong Kong administers on its own according
to the Basic Law;
(C) protects the rights to free speech, press,
assembly, and religion;
(D) provides that the socialist system and policies
shall not be practiced in Hong Kong and that Hong
Kong's capitalist system and way of life shall remain
unchanged for 50 years (the principle of ``one country,
two systems'');
(E) affirms the continuing applicability of the
International Covenant on Civil and Political Rights to
Hong Kong;
(F) provides that the head of the Hong Kong Special
Administrative Region shall be the Chief Executive;
(G) provides that ``the ultimate aim is the
selection of the Chief Executive by universal suffrage
upon nomination by a broadly representative nominating
committee in accordance with democratic procedures'';
(H) provides that the legislature of the Hong Kong
Special Administrative Region shall be the Legislative
Council; and
(I) provides that ``the ultimate aim is the
election of all the members of the Legislative Council
by universal suffrage''.
(3) The National People's Congress Standing Committee
(NPCSC) determined on December 29, 2007, that Hong Kong could
elect the Chief Executive by universal suffrage beginning in
2017, and that Hong Kong could thereafter elect the Legislative
Council by universal suffrage beginning in 2020.
(4) The Chief Executive is currently selected by an
Election Committee consisting of 1,200 members. In order to
run, candidates for Chief Executive must currently receive the
support of one-eighth of the members of the Election Committee,
the majority of whom reportedly support or have ties to the
Chinese Communist Party.
(5) On August 31, 2014, the NPCSC determined that the 2017
election for the Chief Executive could be held by universal
suffrage but that Hong Kong voters could only choose from two
to three candidates, each of whom is to be chosen by a majority
of a nominating committee similar to the current Election
Committee that is heavily controlled by pro-Beijing members.
(6) International standards for elections, including
Article 21 of the Universal Declaration of Human Rights and
Article 25 of the International Covenant on Civil and Political
Rights, guarantee citizens the right to vote and to be elected
in genuine periodic elections by universal and equal suffrage
without unreasonable restrictions.
(7) Hundreds of thousands of Hong Kong residents have
consistently and peacefully expressed their dissatisfaction
with the electoral reform plans of the Hong Kong government and
the Government of the People's Republic of China, including the
August 2014 NPCSC decision, and have called for a genuine
choice in elections that meet international standards. Their
peaceful and orderly protests have set an example for other
democratic movements around the world, including those in
mainland China who continue to fight for their fundamental
freedoms.
(8) Media reports indicate that Hong Kong police used tear
gas and pepper spray against demonstrators on September 28,
2014, and that police allegedly failed to adequately protect
demonstrators from mobs of counter-protestors, some of whom had
affiliations with gangs known as ``triads'', who beat students
and forcibly tried to remove them from their places of protest.
There have also been several accusations of excessive use of
force by the Hong Kong Police which are under investigation.
(9) The United States enjoys close economic, social, and
cultural ties with Hong Kong. According to the Department of
State, 60,000 United States citizens live in Hong Kong, and
1,400 United States businesses have offices there. According to
the Office of the United States Trade Representative, Hong Kong
is the United States 18th largest trade partner and 9th largest
goods export market.
(10) Hong Kong's unique status as an international finance
center where the rule of law and the rights and freedoms of its
citizens are protected has served as the foundation for Hong
Kong's stability and prosperity.
(11) Section 301 of the Hong Kong Policy Act of 1992 (22
U.S.C. 5731) required the Secretary of State to issue reports
on conditions in Hong Kong of interest to the United States,
including the development of democratic institutions in Hong
Kong, and the last report under section 301 was issued on June
30, 2007.
(12) Failure to establish a genuine democratic option to
nominate and elect the Chief Executive of Hong Kong by 2017 and
to establish open and direct democratic elections for all
members of the Hong Kong Legislative Council by 2020 would
reduce confidence in the commitment of the Government of the
People's Republic of China to uphold its obligations under
international law, and would erode the ability of Hong Kong to
retain a high degree of autonomy.
(13) During an October 2014 session, the United Nations
Human Rights Committee, consisting of 18 independent experts,
reviewed China's compliance with the International Covenant on
Civil and Political Rights with respect to Hong Kong. According
to the session's chair, the Committee agreed on ``the need to
ensure universal suffrage, which means both the right to be
elected as well as the right to vote. The main concerns of
Committee members were focused on the right to stand for
elections without unreasonable restrictions.''. Another
Committee member said that the ``committee doesn't want
candidates filtered. The problem is that Beijing wants to vet
candidates.''.
(14) The Congressional-Executive Commission on China's 2014
Annual Report found that press freedom in Hong Kong is under
threat, including reports of ``violent attacks on individuals
associated with the press, self-censorship among journalists,
and pressure from the Hong Kong and central governments and
mainland Chinese businesses.''.
(15) The Hong Kong Journalists Association's 2014 Annual
Report noted that Hong Kong journalists rated self-censorship
at 6.9 on a 10-point scale, which the Association considered a
``low level'' of press freedom.
(16) Hong Kong ranked 61st among 180 countries in Reporters
Without Borders' 2014 World Press Freedom Index, down three
places from the previous year and a significant decline from
2002 when Hong Kong ranked 18th.
(17) By providing timely, uncensored, accurate information
in their native language, United States international broadcast
services, through the Broadcasting Board of Governors, help
those living in countries with poor human rights records, such
as China, to better defend their human rights and hold their
government accountable.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to reaffirm the principles and objectives set forth in
the United States-Hong Kong Policy Act of 1992, namely that--
(A) the United States has ``a strong interest in
the continued vitality, prosperity, and stability of
Hong Kong'';
(B) ``support for democratization is a fundamental
principle of United States foreign policy'';
(C) ``the human rights of the people of Hong Kong
are of great importance to the United States and are
directly relevant to United States interests in Hong
Kong'';
(D) human rights ``serve as a basis for Hong Kong's
continued economic prosperity''; and
(E) Hong Kong must remain sufficiently autonomous
from the People's Republic of China to justify a
different treatment under a particular law of the
United States, or any provision thereof, from that
accorded the People's Republic of China;
(2) to support the democratic aspirations of the people of
Hong Kong, as guaranteed to them by the Joint Declaration, the
Basic Law, the International Covenant on Civil and Political
Rights, and the Universal Declaration of Human Rights;
(3) to urge the Government of the People's Republic of
China to uphold its commitments to Hong Kong, including
allowing the people of Hong Kong to rule Hong Kong with a high
degree of autonomy and without undue interference, and ensuring
that Hong Kong voters freely enjoy the right to elect the Chief
Executive and all members of the Hong Kong Legislative Council
by universal suffrage;
(4) to support the establishment by 2017 of a genuine
democratic option to freely and fairly nominate and elect the
Chief Executive of Hong Kong, and the establishment by 2020 of
open and direct democratic elections for all members of the
Hong Kong Legislative Council; and
(5) to support press freedom and journalistic independence,
including the continuation of international broadcasting
programming in Cantonese that is readily accessible to
Cantonese speaking populations in China and in Hong Kong.
SEC. 4. REINSTATEMENT OF REPORTING REQUIREMENTS RELATED TO UNITED
STATES-HONG KONG RELATIONS.
Section 301 of the United States-Hong Kong Policy Act of 1992 (22
U.S.C. 5731) is amended--
(1) by striking ``Not later than'' and all that follows
through ``the Secretary of State'' and inserting ``Not later
than March 31, 2015, and annually thereafter for 10 years or
until such earlier date that the Secretary of State certifies
that Hong Kong has held free and fair elections for two
consecutive Chief Executive and two consecutive Legislative
Council periods, the Secretary of State'';
(2) by striking ``Speaker of the House of Representatives''
and inserting ``chairman of the Committee on Foreign Affairs of
the House of Representatives'';
(3) in paragraph (7), by striking ``; and'' and inserting a
semicolon;
(4) in paragraph (8), by striking the period at the end and
inserting ``; and''; and
(5) by adding at the end the following new paragraph:
``(9) matters in which Hong Kong is given separate
treatment under the laws of the United States from that
accorded to the People's Republic of China and in accordance
with this Act.''.
SEC. 5. TREATMENT OF HONG KONG UNDER UNITED STATES LAW.
Title II of the United States-Hong Kong Policy Act of 1992 (22
U.S.C. 5721 et seq.) is amended by inserting after section 202 the
following new section:
``SEC. 202A. TREATMENT OF HONG KONG UNDER UNITED STATES LAW.
``(a) Secretary of State Certification Requirement.--
``(1) In general.--Not later than 90 days after the date of
the enactment of the Hong Kong Human Rights and Democracy Act,
and annually thereafter, the Secretary of State shall certify
to Congress whether Hong Kong is sufficiently autonomous to
justify separate treatment different from that accorded the
People's Republic of China in any new laws, agreements,
treaties, or arrangements entered into between the United
States and Hong Kong after the date of the enactment of such
Act.
``(2) Factor for consideration.--In making a certification
under paragraph (1), the Secretary of State should consider the
terms, obligations, and expectations expressed in the Joint
Declaration with respect to Hong Kong.
``(3) Exception.--The certification under this subsection
shall not be required with respect to any new laws, agreements,
treaties, or arrangements that support human rights, rule of
law, or democracy in Hong Kong.
``(b) Waiver Authority.--The Secretary of State may waive the
application of subsection (a) if the Secretary--
``(1) determines that such a waiver is in the national
interests of the United States; and
``(2) on or before the date on which the waiver takes
effect, submits to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives a notice of and justification for the
waiver.''. | Hong Kong Human Rights and Democracy Act Amends the United States-Hong Kong Policy Act of 1992 to direct the Secretary of State to report to Congress on conditions in Hong Kong that are of U.S. interest by March 31, 2015, and annually thereafter for 10 years or until the Secretary certifies that Hong Kong has held free and fair elections for 2 consecutive Chief Executive and 2 consecutive Legislative Council periods. Directs the Secretary to certify to Congress annually whether Hong Kong is sufficiently autonomous to justify separate treatment different from that accorded to China in any new laws, agreements, treaties, or arrangements entered into between the United States and Hong Kong. Authorizes the President to waive this certification requirement if: (1) waiver is in the U.S. national interest, and (2) Congress is given a justification of the waiver on or before the date it takes effect. | {"src": "billsum_train", "title": "Hong Kong Human Rights and Democracy Act"} | 2,727 | 182 | 0.511274 | 1.512054 | 0.642676 | 5.151515 | 15.872727 | 0.945455 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Seniors Protection Act of 2010''.
SEC. 2. PAYMENT IN LIEU OF A COST-OF-LIVING ADJUSTMENT TO RECIPIENTS OF
SOCIAL SECURITY, SUPPLEMENTAL SECURITY INCOME, RAILROAD
RETIREMENT BENEFITS, AND VETERANS DISABILITY COMPENSATION
OR PENSION BENEFITS.
(a) Authority To Make Payments.--
(1) Eligibility.--
(A) In general.--Subject to paragraph (5)(B), the
Secretary of the Treasury shall disburse a $250 payment
to each individual who, for any month during the 3-
month period ending with the month which ends prior to
the month that includes the date of the enactment of
this Act, is entitled to a benefit payment described in
clause (i), (ii), or (iii) of subparagraph (B) or is
eligible for a SSI cash benefit described in
subparagraph (C). Payments shall be made under this
section only if no increase takes effect with the month
of December 2010 under section 215(i) of the Social
Security Act. In the case of an individual who is
eligible for a payment under this subparagraph by
reason of entitlement to a benefit described in
subparagraph (B)(i), no such payment shall be made to
such individual unless such individual was paid a
benefit described in such subparagraph (B)(i) for any
month in the 12-month period ending with the month
which ends prior to the month that includes the date of
the enactment of this Act.
(B) Benefit payment described.--For purposes of
subparagraph (A):
(i) Title ii benefit.--A benefit payment
described in this clause is a monthly insurance
benefit payable (without regard to sections
202(j)(1) and 223(b) of the Social Security Act
(42 U.S.C. 402(j)(1), 423(b)) under--
(I) section 202(a) of such Act (42
U.S.C. 402(a));
(II) section 202(b) of such Act (42
U.S.C. 402(b));
(III) section 202(c) of such Act
(42 U.S.C. 402(c));
(IV) section 202(d)(1)(B)(ii) of
such Act (42 U.S.C. 402(d)(1)(B)(ii));
(V) section 202(e) of such Act (42
U.S.C. 402(e));
(VI) section 202(f) of such Act (42
U.S.C. 402(f));
(VII) section 202(g) of such Act
(42 U.S.C. 402(g));
(VIII) section 202(h) of such Act
(42 U.S.C. 402(h));
(IX) section 223(a) of such Act (42
U.S.C. 423(a));
(X) section 227 of such Act (42
U.S.C. 427); or
(XI) section 228 of such Act (42
U.S.C. 428).
(ii) Railroad retirement benefit.--A
benefit payment described in this clause is a
monthly annuity or pension payment payable
(without regard to section 5(a)(ii) of the
Railroad Retirement Act of 1974 (45 U.S.C.
231d(a)(ii))) under--
(I) section 2(a)(1) of such Act (45
U.S.C. 231a(a)(1));
(II) section 2(c) of such Act (45
U.S.C. 231a(c));
(III) section 2(d)(1)(i) of such
Act (45 U.S.C. 231a(d)(1)(i));
(IV) section 2(d)(1)(ii) of such
Act (45 U.S.C. 231a(d)(1)(ii));
(V) section 2(d)(1)(iii)(C) of such
Act to an adult disabled child (45
U.S.C. 231a(d)(1)(iii)(C));
(VI) section 2(d)(1)(iv) of such
Act (45 U.S.C. 231a(d)(1)(iv));
(VII) section 2(d)(1)(v) of such
Act (45 U.S.C. 231a(d)(1)(v)); or
(VIII) section 7(b)(2) of such Act
(45 U.S.C. 231f(b)(2)) with respect to
any of the benefit payments described
in clause (i) of this subparagraph.
(iii) Veterans benefit.--A benefit payment
described in this clause is a compensation or
pension payment payable under--
(I) section 1110, 1117, 1121, 1131,
1141, or 1151 of title 38, United
States Code;
(II) section 1310, 1312, 1313,
1315, 1316, or 1318 of title 38, United
States Code;
(III) section 1513, 1521, 1533,
1536, 1537, 1541, 1542, or 1562 of
title 38, United States Code; or
(IV) section 1805, 1815, or 1821 of
title 38, United States Code,
to a veteran, surviving spouse, child, or
parent as described in paragraph (2), (3),
(4)(A)(ii), or (5) of section 101, title 38,
United States Code, who received that benefit
during any month within the 3-month period
ending with the month which ends prior to the
month that includes the date of the enactment
of this Act.
(C) SSI cash benefit described.--A SSI cash benefit
described in this subparagraph is a cash benefit
payable under section 1611 (other than under subsection
(e)(1)(B) of such section) or 1619(a) of the Social
Security Act (42 U.S.C. 1382, 1382h).
(2) Requirement.--A payment shall be made under paragraph
(1) only to individuals who reside in 1 of the 50 States, the
District of Columbia, Puerto Rico, Guam, the United States
Virgin Islands, American Samoa, or the Northern Mariana
Islands, or who are utilizing a foreign or domestic Army Post
Office, Fleet Post Office, or Diplomatic Post Office address.
For purposes of the preceding sentence, the determination of
the individual's residence shall be based on the address of
record, as of the date of certification under subsection (b)
for a payment under this section under a program specified in
paragraph (1).
(3) No double payments.--An individual shall be paid only 1
payment under this section, regardless of whether the
individual is entitled to, or eligible for, more than 1 benefit
or cash payment described in paragraph (1).
(4) Limitation.--A payment under this section shall not be
made (or, in the case of subparagraph (D), shall not be due)--
(A) in the case of an individual entitled to a
benefit specified in paragraph (1)(B)(i) or paragraph
(1)(B)(ii)(VIII) if--
(i) for the most recent month of such
individual's entitlement in the 3-month period
described in paragraph (1); or
(ii) for any month thereafter which is
before the month after the month of the
payment;
such individual's benefit under such paragraph was not
payable by reason of subsection (x) or (y) of section
202 the Social Security Act (42 U.S.C. 402) or section
1129A of such Act (42 U.S.C. 1320a-8a);
(B) in the case of an individual entitled to a
benefit specified in paragraph (1)(B)(iii) if, for the
most recent month of such individual's entitlement in
the 3-month period described in paragraph (1), such
individual's benefit under such paragraph was not
payable, or was reduced, by reason of section 1505,
5313, or 5313B of title 38, United States Code;
(C) in the case of an individual entitled to a
benefit specified in paragraph (1)(C) if--
(i) for such most recent month of such
individual's eligibility in the 3-month period
described in paragraph (1); or
(ii) for any month thereafter which is
before the month after the month of the
payment;
such individual's benefit under such paragraph was not
payable by reason of subsection (e)(1)(A) or (e)(4) of
section 1611 (42 U.S.C. 1382) or section 1129A of such
Act (42 U.S.C. 1320a-8a); or
(D) in the case of any individual whose date of
death occurs--
(i) before the date of the receipt of the
payment; or
(ii) in the case of a direct deposit,
before the date on which such payment is
deposited into such individual's account.
In the case of any individual whose date of death occurs before
a payment is negotiated (in the case of a check) or deposited
(in the case of a direct deposit), such payment shall not be
due and shall not be reissued to the estate of such individual
or to any other person. Subparagraphs (A)(ii) and (C)(ii) shall
apply only in the case of certifications under subsection (b)
which are, or but for this paragraph would be, made after the
date of the enactment of this Act, shall apply to such
certifications without regard to the calendar year of the
payments to which such certifications apply.
(5) Timing and manner of payments.--
(A) In general.--The Secretary of the Treasury
shall commence disbursing payments under this section
at the earliest practicable date in 2011 prior to April
1, 2011. The Secretary of the Treasury may disburse any
payment electronically to an individual in such manner
as if such payment was a benefit payment or cash
benefit to such individual under the applicable program
described in subparagraph (B) or (C) of paragraph (1).
(B) Deadline.--No payments shall be disbursed under
this section after December 31, 2011, regardless of any
determinations of entitlement to, or eligibility for,
such payments made after such date.
(b) Identification of Recipients.--The Commissioner of Social
Security, the Railroad Retirement Board, and the Secretary of Veterans
Affairs shall certify the individuals entitled to receive payments
under this section and provide the Secretary of the Treasury with the
information needed to disburse such payments. A certification of an
individual shall be unaffected by any subsequent determination or
redetermination of the individual's entitlement to, or eligibility for,
a benefit specified in subparagraph (B) or (C) of subsection (a)(1)
(except that such certification shall be affected by a determination
that an individual is an individual described in subparagraph (A), (B),
(C), or (D) of subsection (a)(4) during a period described in such
subparagraphs), and no individual shall be certified to receive a
payment under this section for a calendar year if such individual has
at any time been denied certification for such a payment for such
calendar year by reason of subparagraph (A)(ii) or (C)(ii) of
subsection (a)(4) (unless such individual is subsequently determined
not to have been an individual described in either such subparagraph at
the time of such denial).
(c) Treatment of Payments.--
(1) Payment to be disregarded for purposes of all federal
and federally assisted programs.--A payment under subsection
(a) shall not be regarded as income and shall not be regarded
as a resource for the month of receipt and the following 9
months, for purposes of determining the eligibility of the
recipient (or the recipient's spouse or family) for benefits or
assistance, or the amount or extent of benefits or assistance,
under any Federal program or under any State or local program
financed in whole or in part with Federal funds.
(2) Payment not considered income for purposes of
taxation.--A payment under subsection (a) shall not be
considered as gross income for purposes of the Internal Revenue
Code of 1986.
(3) Payments protected from assignment.--The provisions of
sections 207 and 1631(d)(1) of the Social Security Act (42
U.S.C. 407, 1383(d)(1)), section 14(a) of the Railroad
Retirement Act of 1974 (45 U.S.C. 231m(a)), and section 5301 of
title 38, United States Code, shall apply to any payment made
under subsection (a) as if such payment was a benefit payment
or cash benefit to such individual under the applicable program
described in subparagraph (B) or (C) of subsection (a)(1).
(4) Payments subject to offset.--Notwithstanding paragraph
(3)--
(A) any payment made under this section shall, in
the case of a payment of a direct deposit which is made
after the date of the enactment of this Act, be subject
to the reclamation provisions under subpart B of part
210 of title 31, Code of Federal Regulations (relating
to reclamation of benefit payments); and
(B) any payment made under this section shall not,
for purposes of section 3716 of title 31, United States
Code, be considered a benefit payment or cash benefit
made under the applicable program described in
subparagraph (B) or (C) of subsection (a)(1), and all
amounts paid shall be subject to offset to collect
delinquent debts.
(d) Payment to Representative Payees and Fiduciaries.--
(1) In general.--In any case in which an individual who is
entitled to a payment under subsection (a) and whose benefit
payment or cash benefit described in paragraph (1) of that
subsection is paid to a representative payee or fiduciary, the
payment under subsection (a) shall be made to the individual's
representative payee or fiduciary and the entire payment shall
be used only for the benefit of the individual who is entitled
to the payment.
(2) Applicability.--
(A) Payment on the basis of a title ii or ssi
benefit.--Section 1129(a)(3) of the Social Security Act
(42 U.S.C. 1320a-8(a)(3)) shall apply to any payment
made on the basis of an entitlement to a benefit
specified in paragraph (1)(B)(i) or (1)(C) of
subsection (a) in the same manner as such section
applies to a payment under title II or XVI of such Act.
(B) Payment on the basis of a railroad retirement
benefit.--Section 13 of the Railroad Retirement Act (45
U.S.C. 231l) shall apply to any payment made on the
basis of an entitlement to a benefit specified in
paragraph (1)(B)(ii) of subsection (a) in the same
manner as such section applies to a payment under such
Act.
(C) Payment on the basis of a veterans benefit.--
Sections 5502, 6106, and 6108 of title 38, United
States Code, shall apply to any payment made on the
basis of an entitlement to a benefit specified in
paragraph (1)(B)(iii) of subsection (a) in the same
manner as those sections apply to a payment under that
title. | Seniors Protection Act of 2010 - Directs the Secretary of the Treasury to disburse a $250 payment to recipients of Social Security, SSI (Supplemental Security Income under title XVI of the Social Security Act), railroad retirement benefits, and veterans disability compensation or pension benefits if no cost-of-living adjustment is payable in 2011. | {"src": "billsum_train", "title": "To ensure that seniors, veterans, and people with disabilities who receive Social Security and certain other Federal benefits receive a one-time $250 payment in the event that no cost-of-living adjustment is payable in 2011."} | 3,505 | 76 | 0.488907 | 1.181759 | 0.381484 | 3.555556 | 46.285714 | 0.984127 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Performance Management and
Recognition System Termination Act''.
SEC. 2. TEMPORARY EXTENSION.
Effective as of September 30, 1993, section 5410 of title 5, United
States Code, is amended by striking ``September 30, 1993'' and inserting
``October 31, 1993''.
SEC. 3. TERMINATION PROVISIONS.
(a) In General.--
(1) Repeal.--Chapter 54 of title 5, United States Code, is
repealed.
(2) Analysis.--The analysis for part III of title 5, United
States Code, is amended by striking the item relating to chapter 54.
(b) Technical and Conforming Amendments.--
(1) Title 5, united states code.--Title 5, United States Code,
is amended--
(A) in section 3372(d) by striking ``additional step-
increases, merit pay, and cash awards, as defined in chapters 53
and 54'' and inserting ``and additional step-increases, as
defined in chapter 53'';
(B)(i) by striking section 4302a; and
(ii) in the analysis for chapter 43 by striking the item
relating to section 4302a;
(C) by amending subparagraph (A) of section 4501(2) to read
as follows:
``(A) an employee as defined by section 2105; and'';
(D) in section 4502(e) by striking paragraph (1) and by
striking ``(2)'';
(E) in section 5302--
(i) in paragraph (8)--
(I) in subparagraph (A) by inserting ``and'' after
the semicolon; and
(II) by striking subparagraph (B) and redesignating
subparagraph (C) as subparagraph (B); and
(ii) in paragraph (9) by striking ``applies (including
any position under the performance management and
recognition system).'' and inserting ``applies.'';
(F) in section 5332(a)(1) by striking ``, except an employee
covered by the performance management and recognition system
established under chapter 54,'';
(G) in section 5334--
(i) in subsection (c)(2) by striking ``step,'' and all
that follows through ``any dollar amount,'' and inserting
``step''; and
(ii) by striking subsection (f) and redesignating
subsection (g) as subsection (f);
(H) in section 5335--
(i) in subsection (e) by striking ``covered by the
performance management and recognition system established
under chapter 54 of this title, or,''; and
(ii) by striking subsection (f) and redesignating
subsection (g) as subsection (f);
(I) in section 5336(c) by striking ``covered by the
performance management and recognition system established under
chapter 54 of this title, or,'';
(J) in section 5361(5) by striking all that follows ``of
this chapter,'' and inserting ``or a special occupational pay
system under subchapter IX;'';
(K) in section 5362(c)--
(i) in the matter before paragraph (1) by striking
``chapters 54 and 55 of this title, retirement and life
insurance under chapters 83 and 87'' and inserting ``chapter
55 of this title, retirement and life insurance under
chapters 83, 84, and 87'';
(ii) by inserting ``or'' at the end of paragraph (2);
and
(iii) by striking paragraph (3) and redesignating
paragraph (4) as paragraph (3);
(L) in section 5363(c)(2) by striking ``chapter 51, 53, or
54'' and inserting ``chapter 51 or 53'';
(M) in section 5948(g)(1) by striking subparagraph (C) and
redesignating subparagraphs (D) through (L) as subparagraphs (C)
through (K), respectively; and
(N) in section 8473(b)(8) by striking ``individuals subject
to the Performance Management and Recognition System under
chapter 54 of this title;'' and inserting ``supervisors and
management officials (as defined by section 7103(a));''.
(2) FEPCA.--Section 302(b)(1) of the Federal Employees Pay
Comparability Act of 1990 (5 U.S.C. 5304 note) is amended by
striking ``(including an employee covered by the performance
management and recognition system)''.
(3) Title 10, united states code.--Title 10, United States Code,
is amended--
(A) in section 1602 by inserting ``, as in effect on October
31, 1993'' after ``section 5401 of title 5'';
(B) in section 1732(b)(1)(A) by striking ``Schedule
(including any employee covered by chapter 54 of title 5).'' and
inserting ``Schedule.''; and
(C) in section 1733(b)(1)(A)(i) by striking ``Schedule
(including an employee covered by chapter 54 of title 5),'' and
inserting ``Schedule,''.
(4) Title 31, united states code.--Section 731(b) of title 31,
United States Code, is amended by inserting ``, as in effect on
October 31, 1993'' after ``section 5401 of title 5''.
(c) Effective Date.--The amendments made by this section shall take
effect as of November 1, 1993.
SEC. 4. TREATMENT OF EMPLOYEES COVERED BY THE SYSTEM AS OF ITS
TERMINATION DATE.
(a) Definitions.--For purposes of this section--
(1) the term ``employee'' means an individual employed by an
agency (within the meaning of section 7103(a)(3) of title 5, United
States Code);
(2) the term ``performance management and recognition system''
means the performance management and recognition system under
chapter 54 of title 5, United States Code;
(3) the term ``basic pay'' does not include any amount payable
under section 302 or title IV of FEPCA or section 5304 or 5304a of
title 5, United States Code;
(4) the term ``pay rate'', as used in clauses (iii) through (v)
of subsection (c)(2)(B), is used in the same way as such term is
used under section 5335(a) of title 5, United States Code; and
(5) the term ``FEPCA'' means the Federal Employees Pay
Comparability Act of 1990 (contained in the Treasury, Postal Service
and General Government Appropriations Act, 1991 (Public Law 101-509;
104 Stat. 1427)).
(b) Applicability.--Notwithstanding section 5332(a)(1) of title 5,
United States Code (as amended by section 3(b)(1)(F)), or any other
provision of law, the rate of basic pay for an employee covered by the
performance management and recognition system on OctoPber 31, 1993,
shall be determined in accordance with this section so long as such
employee continues, without a break in service of more than 3 days, to
occupy any position--
(1) which is in the same grade of the General Schedule, and the
same agency, as the position which such employee occupied on October
31, 1993; and
(2) to which the provisions of chapter 54 of title 5, United
States Code (as in effect on October 31, 1993) would apply if such
provisions had remained in effect.
(c) Special Rules.--
(1) In general.--The rate of basic pay for an employee who is
subject to this section shall be the rate payable to such employee
on October 31, 1993, subject to paragraph (2).
(2) Adjustments.--Adjustments in the rate of basic pay for an
employee who is subject to this section shall be made in accordance
with the relevant provisions of title 5, United States Code, or
otherwise applicable provisions of law, subject to the following:
(A) Deem rates and positions to be under the general
schedule.--For purposes of applying subchapters I and III of
chapter 53 of such title (and the provisions of section 302 and
title IV of FEPCA with respect to any payment under any of those
provisions)--
(i) the rate of basic pay determined under this section
for an employee shall be treated as a rate of basic pay
described in section 5302(8) of such title;
(ii) the position then currently occupied by an employee
who is subject to this section shall be deemed to be a
``General Schedule position'' within the meaning of section
5302(9) of such title; and
(iii) any employee who is subject to this section shall
be considered to be a ``General Schedule employee'' (as
referred to in section 302(b) of FEPCA).
(B) Special rules relating to provisions governing step-
increases.--For purposes of applying the provisions of sections
5335 and 5336 of title 5, United States Code, with respect to
any employee who is subject to this section--
(i) any reference in such provisions to a ``step-
increase'' shall be considered to mean an increase equal to
one-ninth of the difference between the minimum and maximum
rates of pay for the applicable grade of the General
Schedule;
(ii) any reference in such provisions to the ``next
higher rate within the grade'' shall be considered to mean
the rate of basic pay which exceeds such employee's then
current rate of basic pay by the amount of a step-increase;
(iii) if the employee's rate of basic pay is less than
the rate for pay rate 4 of the applicable grade, such
employee's rate of basic pay shall be governed by paragraph
(1) of section 5335(a) of such title;
(iv) if the employee's rate of basic pay is equal to or
greater than the rate for pay rate 4 but less than the rate
for pay rate 7 of the applicable grade, such employee's rate
of basic pay shall be governed by paragraph (2) of section
5335(a) of such title; and
(v) if the employee's rate of basic pay is equal to or
greater than the rate for pay rate 7 but less than the
maximum rate of the applicable grade, such employee's rate
of basic pay shall be governed by paragraph (3) of section
5335(a) of such title.
No rate of basic pay for an employee may be increased, as a
result of this subparagraph (or any provision of law to which
any clause of this subparagraph relates), if or to the extent
that the resulting rate would exceed the maximum rate for the
grade of the position occupied by such employee.
(d) Regulations.--The Office of Personnel Management shall prescribe
any regulations which may be necessary for the administration of this
section.
SEC. 5. MISCELLANEOUS PROVISIONS.
(a) Coordination Rule.--Notwithstanding the amendment made by
section 3(b)(1)(H)(ii), an increase in pay granted under section 5404 of
title 5, United States Code, before November 1, 1993, shall be deemed to
be an equivalent increase in pay within the meaning of section 5335(a)
of such title.
(b) Performance Awards.--Notwithstanding section 2, for purposes of
applying section 5406 of title 5, United States Code, the amount under
subsection (c)(1)(A)(ii) of such section 5406 with respect to awards for
work performed during fiscal year 1994 shall, for each agency subject to
such section 5406, be deemed to be zero.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Performance Management and Recognition System Termination Act - Amends Federal law to: (1) postpone by one month the termination of the performance management and recognition system; and (2) provide for the treatment of the employees covered by the system as of its termination date. | {"src": "billsum_train", "title": "Performance Management and Recognition System Termination Act"} | 2,638 | 54 | 0.502704 | 1.229671 | 0.778607 | 3.326923 | 45.826923 | 0.903846 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Disability Community Act of 2016''.
SEC. 2. HIGHER FMAP FOR CERTAIN MEDICAID EXPENDITURES ASSOCIATED WITH
CERTAIN REGULATION COMPLIANCE.
(a) In General.--Section 1903(a)(5) of the Social Security Act (42
U.S.C. 1396b(a)(5)) is amended--
(1) by striking ``an amount equal to'' and inserting ``(A)
an amount equal to'';
(2) by striking ``supplies;'' and inserting ``supplies;
and''; and
(3) by adding at the end the following:
``(B) an amount equal to 90 percent of the sum of the
amounts expended during a quarter in 2017, 2018, or 2019, for
items and services furnished in an intermediate care facility
for the mentally retarded or for home and community-based
services furnished to individuals with intellectual and
developmental disabilities, as the Secretary determines are
attributable to compliance with any of the regulations
specified in--
``(i) part 591 of title 29, Code of Federal
Regulations;
``(ii) part 552 of title 29, Code of Federal
Regulations; or
``(iii) part 430, 431, 435, 436, 440, 441, or 447
of title 42, Code of Federal Regulations;''.
(b) Conforming Terminology for Intermediate Care Facilities.--Title
XIX of the Social Security Act (42 U.S.C. 1396 et seq.) is amended--
(1) by striking ``intermediate care facility for the
mentally retarded'' each time such term appears (including in
headings) and inserting ``intermediate care facility for
individuals with intellectual and developmental disabilities'';
(2) by striking ``intermediate care facilities for the
mentally retarded'' each time such term appears (including in
headings) and inserting ``intermediate care facilities for
individuals with intellectual and developmental disabilities'';
(3) by striking ``State mental retardation or developmental
disability authority'' each time such term appears and
inserting ``State intellectual or developmental disability
authority'';
(4) in section 1905(d)--
(A) in the matter before paragraph (1), by striking
``thereof) for the mentally retarded or persons'' and
inserting ``thereof) for individuals with intellectual
or developmental disabilities or'';
(B) in paragraph (1), by striking ``mentally
retarded individuals'' and inserting ``individuals with
intellectual or developmental disabilities''; and
(C) in paragraph (2), by striking ``the mentally
retarded individual'' and inserting ``the individual
with an intellectual or developmental disability'';
(5) in section 1915(c)(7)(C), by striking ``mental
retardation'' and inserting ``intellectual or developmental
disabilities'';
(6) in section 1919(b)--
(A) in paragraph (3)--
(i) in subparagraph (E), by striking
``mentally retarded'' and inserting ``has
intellectual or developmental disabilities'';
and
(ii) in subparagraph (F)--
(I) in the heading, by striking
``and mentally retarded individuals''
and inserting ``individuals and
individuals with intellectual or
developmental disabilities''; and
(II) in clause (ii)--
(aa) by striking ``is
mentally retarded'' and
inserting ``has an intellectual
or developmental disability'';
and
(bb) by striking ``for
mental retardation'' and
inserting ``for intellectual or
developmental disabilities'';
(B) in paragraph (4)--
(i) in subparagraph (A)(vii), by striking
``mentally ill and mentally retarded
residents'' and inserting ``residents who are
mentally ill or who have intellectual or
developmental disabilities''; and
(ii) in subparagraph (C)(ii)(IV), by
striking ``the mentally retarded'' and
inserting ``individuals with intellectual or
developmental disabilities''; and
(7) in section 1919(e)--
(A) in paragraph (7)--
(i) in subparagraph (A)(i), by striking
``mentally ill and mentally retarded
individuals'' and inserting ``individuals who
are mentally ill or who have intellectual or
developmental disabilities'';
(ii) in subparagraph (B)--
(I) by striking ``mental
retardation'' each place such term
appears and inserting ``intellectual or
developmental disability'';
(II) in clause (ii)--
(aa) in the heading, by
striking ``mentally retarded
residents'' and inserting
``residents with intellectual
or developmental
disabilities''; and
(bb) in the matter
preceding subclause (I), by
striking ``is mentally
retarded'' and inserting ``has
an intellectual or
developmental disability''; and
(III) in clause (iii), by striking
``mentally ill or mentally retarded
resident'' and inserting ``resident who
is mentally ill or who has an
intellectual or developmental
disability'';
(iii) in subparagraph (C), by striking
``mental retardation'' each place such term
appears and inserting ``intellectual or
developmental disability'';
(iv) in subparagraph (E)--
(I) by striking ``are mentally
retarded or'' and inserting ``have
intellectual or developmental
disabilities or are''; and
(II) by striking ``mental
retardation'' and inserting
``intellectual or developmental
disability''; and
(v) in subparagraph (G)(ii)--
(I) by striking ``be `mentally
retarded''' and inserting ``have `an
intellectual or developmental
disability'''; and
(II) by striking ``is mentally
retarded or a person with'' and
inserting ``has an intellectual or
developmental disability or''.
SEC. 3. ELECTRONIC VISIT VERIFICATION SYSTEM REQUIRED FOR PERSONAL CARE
SERVICES AND HOME HEALTH CARE SERVICES UNDER MEDICAID.
(a) In General.--Section 1903 of the Social Security Act (42 U.S.C.
1396b) is amended by inserting after subsection (k) the following new
subsection:
``(l)(1) Subject to paragraphs (3) and (4), with respect to any
amount expended for personal care services or home health care services
requiring an in-home visit by a provider that are provided under a
State plan under this title (or under a waiver of the plan) and
furnished in a calendar quarter beginning on or after January 1, 2019
(or, in the case of home health care services, on or after January 1,
2023), unless a State requires the use of an electronic visit
verification system for such services furnished in such quarter under
the plan or such waiver, the Federal medical assistance percentage
shall be reduced--
``(A) in the case of personal care services--
``(i) for calendar quarters in 2019 and
2020, by .25 percentage points;
``(ii) for calendar quarters in 2021, by .5
percentage points;
``(iii) for calendar quarters in 2022, by
.75 percentage points; and
``(iv) for calendar quarters in 2023 and
each year thereafter, by 1 percentage point;
and
``(B) in the case of home health care services--
``(i) for calendar quarters in 2023 and
2024, by .25 percentage points;
``(ii) for calendar quarters in 2025, by .5
percentage points;
``(iii) for calendar quarters in 2026, by
.75 percentage points; and
``(iv) for calendar quarters in 2027 and
each year thereafter, by 1 percentage point.
``(2) Subject to paragraphs (3) and (4), in implementing
the requirement for the use of an electronic visit verification
system under paragraph (1), a State shall--
``(A) consult with agencies and entities that
provide personal care services, home health care
services, or both under the State plan (or under a
waiver of the plan) to ensure that such system--
``(i) is minimally burdensome;
``(ii) takes into account existing best
practices and electronic visit verification
systems in use in the State; and
``(iii) is conducted in accordance with the
requirements of HIPAA privacy and security law
(as defined in section 3009 of the Public
Health Service Act);
``(B) take into account a stakeholder process that
includes input from beneficiaries, family caregivers,
personal care or home health care services workers, and
other stakeholders, as determined by the State in
accordance with guidance from the Secretary; and
``(C) ensure that individuals who furnish personal
care services, home health care services, or both under
the State plan (or under a waiver of the plan) are
provided the opportunity for training on the use of
such system.
``(3) Paragraphs (1) and (2) shall not apply in the case of
a State that, as of the date of the enactment of this
subsection, requires the use of any system for the electronic
verification of visits conducted as part of both personal care
services and home health care services.
``(4)(A) In the case of a State described in subparagraph
(B), the reduction under paragraph (1) shall not apply--
``(i) in the case of personal care services, for
calendar quarters in 2019; and
``(ii) in the case of home health care services,
for calendar quarters in 2023.
``(B) For purposes of subparagraph (A), a State described
in this subparagraph is a State that demonstrates to the
Secretary that the State--
``(i) has made a good faith effort to comply with
the requirements of paragraphs (1) and (2) (including
by taking steps to adopt the technology used for an
electronic visit verification system); or
``(ii) in implementing such a system, has
encountered unavoidable system delays.
``(5) In this subsection:
``(A) The term `electronic visit verification
system' means, with respect to personal care services
or home health care services, a system under which
visits conducted as part of such services are
electronically verified with respect to--
``(i) the type of service performed;
``(ii) the individual receiving the
service;
``(iii) the date of the service;
``(iv) the location of service delivery;
``(v) the individual providing the service;
and
``(vi) the time the service begins and
ends.
``(B) The term `home health care services' means
services described in section 1905(a)(7) provided under
a State plan under this title (or under a waiver of the
plan).
``(C) The term `personal care services' means
personal care services provided under a State plan
under this title (or under a waiver of the plan),
including services provided under section 1905(a)(24),
1915(c), 1915(i), 1915(j), or 1915(k) or under a wavier
under section 1115.
``(6)(A) In the case in which a State requires personal
care service and home health care service providers to utilize
an electronic visit verification system operated by the State
or a contractor on behalf of the State, the Secretary shall pay
to the State, for each quarter, an amount equal to 90 per
centum of so much of the sums expended during such quarter as
are attributable to the design, development, or installation of
such system, and 75 per centum of so much of the sums for the
operation and maintenance of such system.
``(B) Subparagraph (A) shall not apply in the case in which
a State requires personal care service and home health care
service providers to utilize an electronic visit verification
system that is not operated by the State or a contractor on
behalf of the State.''.
(b) Collection and Dissemination of Best Practices.--Not later than
January 1, 2018, the Secretary of Health and Human Services shall, with
respect to electronic visit verification systems (as defined in
subsection (l)(5) of section 1903 of the Social Security Act (42 U.S.C.
1396b), as inserted by subsection (a)), collect and disseminate best
practices to State Medicaid Directors with respect to--
(1) training individuals who furnish personal care
services, home health care services, or both under the State
plan under title XIX of such Act (or under a waiver of the
plan) on such systems and the operation of such systems and the
prevention of fraud with respect to the provision of personal
care services or home health care services (as defined in such
subsection (l)(5)); and
(2) the provision of notice and educational materials to
family caregivers and beneficiaries with respect to the use of
such electronic visit verification systems and other means to
prevent such fraud.
(c) Rules of Construction.--
(1) No employer-employee relationship established.--Nothing
in the amendment made by this section may be construed as
establishing an employer-employee relationship between the
agency or entity that provides for personal care services or
home health care services and the individuals who, under a
contract with such an agency or entity, furnish such services
for purposes of part 552 of title 29, Code of Federal
Regulations (or any successor regulations).
(2) No particular or uniform electronic visit verification
system required.--Nothing in the amendment made by this section
shall be construed to require the use of a particular or
uniform electronic visit verification system (as defined in
subsection (l)(5) of section 1903 of the Social Security Act,
as inserted by subsection (a)) by all agencies or entities that
provide personal care services or home health care under a
State plan under title XIX of the Social Security Act (or under
a waiver of the plan) (42 U.S.C. 1396 et seq.).
(3) No limits on provision of care.--Nothing in the
amendment made by this section may be construed to limit, with
respect to personal care services or home health care services
provided under a State plan under title XIX of the Social
Security Act (or under a waiver of the plan) (42 U.S.C. 1396 et
seq.), provider selection, constrain beneficiaries' selection
of a caregiver, or impede the manner in which care is
delivered.
(4) No prohibition on state quality measures
requirements.--Nothing in the amendment made by this section
shall be construed as prohibiting a State, in implementing an
electronic visit verification system (as defined in subsection
(l)(5) of section 1903 of the Social Security Act, as inserted
by subsection (a)), from establishing requirements related to
quality measures for such system. | Disability Community Act of 2016 This bill amends title XIX (Medicaid) of the Social Security Act to temporarily establish a higher federal matching rate with respect to Medicaid expenditures for certain services furnished to individuals with developmental disabilities if such expenditures are attributable to compliance with specified regulations. In the case of a state Medicaid program that does not require the use of an electronic visit verification system for personal care services and home health services, the federal matching rate for medical assistance expended on such services shall be incrementally reduced. | {"src": "billsum_train", "title": "Disability Community Act of 2016"} | 3,390 | 136 | 0.469705 | 1.302616 | 0.55141 | 2.456522 | 33.608696 | 0.826087 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Pipelines Act of 2000''.
SEC. 2. FEDERAL SAFETY CERTIFICATION OF PIPELINE EMPLOYEES.
Section 60102(a)(1)(C) of title 49, United States Code, is amended
to read as follows:
``(C) shall include a requirement that all
individuals responsible for the operation and
maintenance of pipeline facilities shall be tested for
qualification to perform such functions and certified
by the Secretary to perform such functions.''.
SEC. 3. CORROSION TESTING.
Section 60102(f) of title 49, United States Code, is amended by
adding at the end the following:
``(3) Corrosion testing.--Not later than 180 days after the
date of enactment of this paragraph, the Secretary shall
require that the operator of a pipeline facility with an
instrumented internal inspection device periodically test the
facility for corrosion and anomalies and make the results of
the test available to the public. The period between each test
shall be no longer than 5 years.''.
SEC. 4. NOTIFICATION OF SPILLS.
Section 60102(h)(1) of title 49, United States Code, is amended--
(1) by redesignating subparagraphs (A) and (B) as
subparagraphs (C) and (D), respectively; and
(2) by inserting before subparagraph (C) (as so
redesignated) the following:
``(A) spill of more than 40 gallons;
``(B) rupture of a pipeline;''.
SEC. 5. HYDROSTATIC TESTING.
Section 60108 of title 49, United States Code, is amended--
(1) by adding at the end of subsection (b) the following:
``(4) Hydrostatic testing.--See subsection (d).''; and
(2) by adding at the end the following:
``(d) Hydrostatic Testing.--
``(1) In general.--Subject to this subsection, the
Secretary shall require that the operator of a covered pipeline
facility hydrostatically test the facility and make the results
of the test available to the public.
``(2) Initial testing.--A pipeline facility shall be
hydrostatically tested not later than 30 days after the date on
which the facility becomes a covered pipeline facility under
this subsection.
``(3) Intervals of testing.--Hydrostatic testing required
pursuant to this subsection shall be conducted not less than
once every 5 years
``(4) Alternative methods.--Upon request of the operator of
a covered pipeline facility (other than a facility that is on
the Secretary's list of high-risk pipelines), the Secretary may
approve an alternative method of testing the facility
(including inspection by an instrumented internal inspection
device) for structural weaknesses instead of hydrostatic
testing of the facility if the Secretary first provides written
notification in the Federal Register and to interested State
and local governments and other persons of the proposed
approval and provides a period of 90 days for public comment on
the proposed approval.
``(5) List of high-risk pipelines.--
``(A) In general.--Not later than 90 days after the
date of enactment of this subsection, the Secretary
shall establish a list of high-risk pipelines. A
pipeline facility shall be placed on the list if the
facility--
``(i) has experienced 2 or more reportable
leaks (not including leaks that occurred during
a hydrostatic test of the pipeline facility)
due to corrosion or defect in the preceding 3-
year period;
``(ii) has experienced 3 or more reportable
leaks (not including leaks that occurred during
a hydrostatic test of the pipeline facility)
due to corrosion, defect, or in whole or in
part by external forces in the preceding 3-year
period;
``(iii) is less than 50 miles long and has
experienced a reportable leak (not including a
leak that occurred during a hydrostatic test of
the pipeline facility) due to corrosion or
defect in the preceding 3-year period; and
``(iv) has experienced a reportable leak in
the preceding 5-year period due to corrosion or
defect (except during a hydrostatic test of the
pipeline facility) on a section of pipeline
that has been in operation for more than 30
years.
``(B) Maintenance.--The Secretary shall maintain
and periodically update the list under this paragraph.
A pipeline facility placed on the list shall remain on
the list until the last day of the 5-year period
beginning on the date of the last reportable leak of
the pipeline facility due to corrosion or defect.
``(C) Special rule for determination of pipeline
length.--For purposes of this paragraph, the length of
a pipeline with more than 2 termini shall be the
longest distance between any 2 termini on the pipeline.
``(6) Covered pipeline facility defined.--In this
subsection, the term `covered pipeline facility' means a
pipeline facility subject to this chapter--
``(A) that is not covered by a certification under
section 60105 or an agreement under section 60106; and
``(B)(i) that has been in operation (before, on, or
after the date of enactment of this subsection) for a
period of 10 years or more; or
``(ii) that is on the Secretary's list of high-risk
pipelines under paragraph (5).''.
SEC. 6. AVAILABILITY OF PIPELINE MAPS ON INTERNET.
Section 60108 of title 49, United States Code, is amended by adding
at the end the following:
``(e) Availability of Pipeline Maps on Internet.--Not later than
October 1, 2000, the Secretary shall make available on the Internet
nationwide maps of the location of all pipeline facilities subject to
this chapter.''.
SEC. 7. DELEGATION OF AUTHORITY TO STATES.
(a) In General.--Chapter 601 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 60129. Delegation of authority to States
``(a) Submission of State Program.--The Governor of each State
desiring to administer its own pipeline safety standards for interstate
pipelines within its jurisdiction may submit to the Secretary of
Transportation a full and complete description of the program the State
proposes to establish and administer under State law or under an
interstate compact. In addition, the State shall submit a statement
from the attorney general (or the attorney for those State pipeline
regulatory agencies which have independent legal counsel), or from the
chief legal officer in the case of an interstate agency, that the laws
of the State or the interstate compact, as the case may be, provide
adequate authority to carry out the proposed program.
``(b) Approval.--No State program may contain any standard that is
less stringent a standard than established by Federal regulation. The
Secretary shall approve each program no later than 90 days after the
date on which the program is submitted by the State, unless the
Secretary determines that the submitting State does not have the
resources or expertise necessary to carry out the program or that the
program would overburden the interstate nature of the pipeline in such
a way as to compromise safety or that the program includes a standard
that is less stringent than a standard established by Federal
regulation.
``(c) Withdrawal of Approval.--Whenever the Secretary determines
after a public hearing that a State is not administering a program
approved under this section in accordance with requirements of this
section, the Secretary shall so notify the State and, if appropriate
corrective action is not taken within a reasonable time (not to exceed
90 days), the Secretary shall withdraw approval of the program. The
Secretary shall not withdraw approval of any program under this
subsection unless the Secretary first has notified the State, and made
public, in writing the reasons for such withdrawal.''.
(b) Conforming Amendment.--The analysis for such chapter is amended
by adding at the end the following:
``Sec. 60129. Delegation of authority to States.''.
SEC. 8. EFFECTIVENESS OF EXTERNAL LEAK DETECTION SYSTEMS.
(a) Study.--The Secretary of Transportation shall conduct a study
to determine the effectiveness external leak detection systems,
including hydrocarbon sensor cables, for the purpose of improving
pipeline leak detection.
(b) Report.--Not later than October 1, 2000, the Secretary shall
transmit to Congress a report on the results of the study.
SEC. 9. COST-BENEFIT ANALYSES OF NATIONAL TRANSPORTATION SAFETY BOARD
RECOMMENDATIONS.
Not later than 2 years after the date of enactment of this Act, the
Secretary of Transportation shall complete cost-benefit analyses of all
recommendations made by the National Transportation Safety Board to the
Secretary that the Board classifies as being ``open''.
SEC. 10. EFFECTIVENESS OF DOUBLE-WALLED PIPELINES.
(a) Study.--The Secretary of Transportation shall conduct a study
to determine the effectiveness of double-walled pipelines for the
purpose of preventing ruptures and leaks.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall transmit to Congress a report on the
results of the study.
SEC. 11. OPTIMAL MINIMUM BURIAL DEPTH.
(a) Study.--The Secretary of Transportation shall conduct a study
to determine the optimal minimum burial depth of underground pipelines
for the purpose of preventing release of hazardous materials into the
air.
(b) Report and Rulemaking.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall transmit to Congress a
report on the results of the study and shall issue a notice of proposed
rulemaking to modify regulations of the Department of Transportation
relating to pipeline burial depth to take into account the results of
the study. | (Sec. 3) Directs the Secretary to require an operator of a pipeline facility that: (1) has an instrumented internal inspection device (smart pig) to test the pipeline once every five years for corrosion and anomalies and make test results available to the public; and (2) is not covered by a certain certification under a State pipeline safety program or by a State pipeline safety agreement to test the pipeline hydrostatically once every five years to redetermine its maximum allowable operating pressure of the pipeline and make test results available to the public. Authorizes the Secretary, upon the request of an operator of a non-high-risk pipeline, to approve an alternative method of testing the pipeline, including inspection by smart pig, for structural weaknesses instead of hydrostatic testing if the Secretary first provides notification in the Federal Register and to interested State and local governments and other persons of the proposed approval and provides for public comment. Directs the Secretary to establish a list of high-risk pipelines (that have had a specified number of leaks over a certain period of time).
(Sec. 4) Requires pipeline operators to report to the Secretary hazardous liquid spills of more than 40 gallons and ruptures to pipelines.
(Sec. 6) Directs the Secretary to make available on the Internet maps of the location of all pipeline facilities subject to the Act.
(Sec. 7) Directs the Governor of each State desiring to administer its own pipeline safety standards for interstate pipelines to submit to the Secretary a complete description of its proposed program. Prohibits a State program from containing standards that are less stringent than those established by Federal law.
(Sec. 8) Directs the Secretary to study and report to Congress on the effectiveness of: (1) external leak detection systems (including hydrocarbon sensor cables) for the purpose of improving pipeline leak detection; and (2) double-walled pipelines for the purpose of preventing ruptures and leaks.
(Sec. 9) Directs the Secretary to complete cost-benefit analyses of all recommendations made by the National Transportation Safety Board to the Secretary that the Board classifies as being "open".
(Sec. 10) Directs the Secretary to study and report to Congress on the optimal minimum burial depth of underground pipelines for the purpose of preventing the release of hazardous materials in the air. | {"src": "billsum_train", "title": "Safe Pipelines Act of 2000"} | 2,211 | 511 | 0.564427 | 1.817285 | 0.722842 | 3.647321 | 4.4375 | 0.919643 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Filipino Veterans of World War II
Congressional Gold Medal Act of 2015''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The First Philippine Republic was founded as a result of
the Spanish-American War in which Filipino revolutionaries and the
United States Armed Forces fought to overthrow Spanish colonial
rule. On June 12, 1898, Filipinos declared the Philippines to be an
independent and sovereign nation. The Treaty of Paris negotiated
between the United States and Spain ignored this declaration of
independence, and the United States paid Spain $20,000,000 to cede
control of the Philippines to the United States. Filipino
nationalists who sought independence rather than a change in
colonial rulers clashed with forces of the United States in the
Islands. The Philippine-American War, which officially lasted for 3
years from 1899 to 1902, led to the establishment of the United
States civil government in the Philippines.
(2) In 1901, units of Filipino soldiers who fought for the
United States against the nationalist insurrection were formally
incorporated into the United States Army as the Philippine Scouts.
(3) In 1934, the Philippine Independence Act (Public Law 73-
127; 48 Stat. 456) established a timetable for ending colonial rule
of the United States. Between 1934 and Philippine independence in
1946, the United States retained sovereignty over Philippine
foreign policy and reserved the right to call Filipinos into the
service of the United States Armed Forces.
(4) On December 21 1935, President of the Philippine
Commonwealth, Manuel Quezon, signed the National Defense Act,
passed by the Philippine Assembly. General Douglas MacArthur set
upon the task of creating an independent army in the Philippines,
consisting of a small regular force, the Philippine Constabulary, a
police force created during the colonial period of the United
States, and reservists. By July 1941, the Philippine army had
130,000 reservists and 6,000 officers.
(5) On July 26, 1941, as tensions with Japan rose in the
Pacific, President Franklin D. Roosevelt used his authority vested
in the Constitution of the United States and the Philippine
Independence Act to ``call into service of the United States . . .
all of the organized military forces of the Government of the
Philippines.'' On July 27th, 1941, in accordance with a War
Department directive received a day earlier, the United States
Forces in the Far East (USAFFE) was established, and Manila was
designated as the command headquarters. Commander of the USAFFE,
General Douglas MacArthur, planned to absorb the entire Philippine
army into the USAFFE in phases. The first phase, which began on
September 1, 1941, included 25,000 men and 4,000 officers.
(6) Filipinos who served in the USAFFE included--
(A) the Philippine Scouts, who comprised half of the 22,532
soldiers in the Philippine Department, or United States Army
garrison stationed in the Islands at the start of the war;
(B) the Philippine Commonwealth Army;
(C) the new Philippine Scouts, or Filipinos who volunteered
to serve with the United States Army when the United States
Armed Forces returned to the island;
(D) Filipino civilians who volunteered to serve in the
United States Armed Forces in 1945 and 1946, and who became
``attached'' to various units of the United States Army; and
(E) the ``Guerrilla Services'' who had fought behind enemy
lines throughout the war.
(7) Even after hostilities ceased, wartime service of the new
Philippine Scouts continued as a matter of law until the end of
1946, and the force gradually disbanded until it was disestablished
in 1950.
(8) On December 8th, 1941, not even 24 hours after the bombing
of Pearl Harbor, Japanese Imperial forces attacked bases of the
United States Army in the Philippines.
(9) In the spring of 1942, the Japanese 14th Army overran the
Bataan Peninsula, and, after a heroic but futile defense, more than
78,000 members of the United States Armed Forces were captured,
specifically 66,000 Filipinos and 12,000 service members from the
United States. The Japanese transferred the captured soldiers from
Bataan to Camp O'Donnell, in what is now known as the infamous
Bataan Death March. Forced to march the 70-mile distance in 1 week,
without adequate food, water, or medicine, nearly 700 members of
the United States Armed Forces and an estimated 6,000 to 10,000
Filipinos perished during the journey.
(10) After the fall of the Bataan Peninsula, the Japanese Army
turned its sights on Corregidor. The estimated forces in defense of
Corregidor totaled 13,000, and were comprised of members of the
United States Armed Forces and Filipino troops. Of this number, 800
were killed, 1,000 were wounded, and 11,000 were captured and
forced to march through the city of Manila, after which the
captured troops were distributed to various POW camps. The rest of
the captured troops escaped to organize or join an underground
guerrilla army.
(11) Even before the fall of Corregidor, Philippine resistance,
in the form of guerrilla armies, began to wage warfare on the
Japanese invaders. Guerrilla armies, from Northern Luzon to
Mindanao--
(A) raided Japanese camps, stealing weapons and supplies;
(B) sabotaged and ambushed Japanese troops on the move; and
(C) with little weaponry, and severely outmatched in
numbers, began to extract victories.
(12) Japanese intelligence reports reveal that from the time
the Japanese invaded until the return of the United States Armed
Forces in the summer of 1944, an estimated 300,000 Filipinos
continued to fight against Japanese forces. Filipino resistance
against the Japanese was so strong that, in 1942, the Imperial Army
formed the Morista Butai, a unit designated to suppress guerrillas.
(13) Because Philippine guerrillas worked to restore
communication with United States forces in the Pacific, General
MacArthur was able to use the guerrillas in advance of a
conventional operation and provided the headquarters of General
MacArthur with valuable information. Guerrillas captured and
transmitted to the headquarters of General MacArthur Japanese naval
plans for the Central Pacific, including defense plans for the
Mariana Islands. Intelligence derived from guerrillas relating to
aircraft, ship, and troop movements allowed for Allied forces to
attack Japanese supply lines and guerrillas and even directed
United States submarines where to land agents and cargo on the
Philippine coast.
(14) On December 20, 1941, President Roosevelt signed the
Selective Training and Service Amendments Act (Public Law 77-360;
55 Stat. 844) which, among other things, allowed Filipinos in the
United States to enlist in the United States Armed Forces. In
February 1942, President Roosevelt issued the Second War Powers Act
(Public Law 77-507; 56 Stat. 176), promising a simplified
naturalization process for Filipinos who served in the United
States Armed Forces. Subsequently, 16,000 Filipinos in California
alone decided to enlist.
(15) The mobilization of forces included the activation and
assumption of command of the First Filipino Infantry Battalion on
April 1, 1942, at Camp San Luis Obispo, California. Orders were
issued to activate the First Filipino Infantry Regiment and Band at
Salinas, California, effective July 13, 1942. The activation of the
Second Filipino Infantry Regiment occurred at Fort Ord, California,
on November 21, 1942. Nearly 9,000 Filipinos and Filipino Americans
fought in the United States Army 1st and 2nd Filipino Infantry
Regiments.
(16) Soldiers of the 1st and 2nd Infantry Regiments
participated in the bloody combat and mop-up operations at New
Guinea, Leyte, Samar, Luzon, and the Southern Philippines. In 1943,
800 men were selected from the 1st and 2nd Regiments and shipped to
Australia to receive training in intelligence gathering, sabotage,
and demolition. Reorganized as part of the 1st Reconnaissance
Battalion, this group was sent to the Philippines to coordinate
with major guerrilla armies in the Islands. Members of the 1st
Regiment were also attached to the United States 6th Army ``Alamo
Scouts'', a reconnaissance group that traveled 30 miles behind
enemy lines to free Allied prisoners from the Cabanatuan death camp
on January 30, 1945. In addition, in 1945, according to the 441st
Counter Intelligence Unit of the United States Armed Forces,
Philippine guerrillas provided ``very important information and
sketches of enemy positions and installations'' for the liberation
of the Santo Tomas prisoner of war camp, an event that made front
page news across the United States.
(17) In March 1944, members of the 2nd Filipino Infantry
Regiment were selected for special assignments, including
intelligence missions, and reorganized as the 2nd Filipino Infantry
Battalion (Separate). The 2nd Filipino Infantry Battalion
(Separate) contributed to mop-up operations as a civil affairs
unit.
(18) Filipinos participated in the war out of national pride,
as well as out of a commitment to the Allied forces struggle
against fascism. 57,000 Filipinos in uniform died in the war
effort. Estimates of civilian deaths range from 700,000 to upwards
of 1,000,000, or between 4.38 to 6.25 percent of the prewar
population of 16,000,000.
(19) Because Filipinos who served in the Commonwealth Army of
the Philippines were originally considered a part of the Allied
struggle, the military order issued by President Roosevelt on July
26, 1941, stated that Filipinos who served in the Commonwealth Army
of the Philippines were entitled to full veterans benefits. The
guarantee to pay back the service of Filipinos through veterans
benefits was reversed by the Rescission Acts of 1946 (Public Laws
79-301 and 79-391; 60 Stat. 6 and 60 Stat. 221), which deemed that
the wartime service of the Commonwealth Army of the Philippines and
the new Philippine Scouts was not considered active and, therefore,
did not qualify for benefits.
(20) The loyal and valiant Filipino Veterans of World War II
fought, suffered, and, in many instances, died in the same manner
and under the same commander as other members of the United States
Armed Forces during World War II.
(21) The Filipino Veterans of World War II fought alongside,
and as an integral part of, the United States Armed Forces. The
Philippines remained a territory of the United States for the
duration of the war and, accordingly, the United States maintained
sovereignty over Philippine foreign relations, including Philippine
laws enacted by the Philippine Government. Filipinos who fought in
the Philippines were not only defending or fighting for the
Philippines, but also defending, and ultimately liberating,
sovereign territory held by the United States Government.
(22) The United States remains forever indebted to the bravery,
valor, and dedication that the Filipino Veterans of World War II
displayed. Their commitment and sacrifice demonstrates a highly
uncommon and commendable sense of patriotism and honor.
SEC. 3. DEFINITIONS.
In this Act--
(a) the term ``Filipino Veterans of World War II'' includes any
individual who served--
(1) honorably at any time during the period beginning on July
26, 1941, and ending on December 31, 1946;
(2) in an active-duty status under the command of the United
States Armed Forces in the Far East; and
(3)(A) within the Philippine Commonwealth Army, the Philippine
Scouts, the Philippine Constabulary, Recognized Guerrilla units,
the New Philippine Scouts, the First Filipino Infantry Regiment,
the Second Filipino Infantry Battalion (Separate), or the First
Reconnaissance Battalion; or
(B) commanding or serving in a unit described in paragraph
(3)(A) as a United States military officer or enlisted soldier; and
(b) the term ``Secretary'' means the Secretary of the Treasury.
SEC. 4. CONGRESSIONAL GOLD MEDAL.
(a) Award Authorized.--The President pro tempore of the Senate and
the Speaker of the House of Representatives shall make appropriate
arrangements for the award, on behalf of Congress, of a single gold
medal of appropriate design to the Filipino Veterans of World War II in
recognition of the dedicated service of the veterans during World War
II.
(b) Design and Striking.--For the purposes of the award referred to
in subsection (a), the Secretary shall strike the Gold Medal with
suitable emblems, devices, and inscriptions, to be determined by the
Secretary.
(c) Smithsonian Institution.--
(1) In general.--Following the award of the gold medal in honor
of the Filipino Veterans of World War II, the gold medal shall be
given to the Smithsonian Institution, where it will be available
for display as appropriate and made available for research.
(2) Sense of congress.--It is the sense of Congress that the
Smithsonian Institution should make the gold medal received under
paragraph (1) available for display elsewhere, particularly at
other appropriate locations associated with the Filipino Veterans
of World War II.
(d) Duplicate Medals.--
(1) In general.--Under regulations that the Secretary may
promulgate, the Secretary may strike and sell duplicates in bronze
of the gold medal struck under this Act, at a price sufficient to
cover the costs of the medals, including labor, materials, dies,
use of machinery, and overhead expenses.
(2) Sale of duplicate medals.--The amounts received from the
sale of duplicate medals under paragraph (1) shall be deposited in
the United States Mint Public Enterprise Fund.
SEC. 5. STATUS OF MEDALS.
(a) National Medals.--Medals struck under 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | . The expanded summary of the Senate passed version is repeated here.) Filipino Veterans of World War II Congressional Gold Medal Act of 2015 (Sec. 3) This bill defines "Filipino Veterans of World War II" to include an individual who served: honorably at any time from July 26, 1941, to December 31, 1946; in an active-duty status under the command of the U.S. Armed Forces in the Far East; and within the Philippine Commonwealth Army, the Philippine Scouts, the Philippine Constabulary, Recognized Guerrilla units, the New Philippine Scouts, the First Filipino Infantry Regiment, the Second Filipino Infantry Battalion (Separate), or the First Reconnaissance Battalion; or commanding or serving in such a unit as a U.S. military officer or enlisted soldier. (Sec. 4) The President pro tempore of the Senate and the Speaker of the House of Representatives shall make appropriate arrangements for the award of a single Congressional Gold Medal to the Filipino Veterans of World War II in recognition of their dedicated service during World War II. The medal, following its award, shall be given to the Smithsonian Institution where it will be available for research and display. It is the sense of Congress that the Smithsonian Institution should make the gold medal available for display elsewhere, particularly at other appropriate locations associated with the Filipino Veterans of World War II. | {"src": "billsum_train", "title": "Filipino Veterans of World War II Congressional Gold Medal Act of 2015"} | 3,137 | 312 | 0.518668 | 1.636108 | 0.651483 | 5.718631 | 10.764259 | 0.927757 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coltsville National Historical Park
Act''.
SEC. 2. DEFINITIONS.
For the purposes of this Act:
(1) City.--The term ``city'' means the city of Hartford,
Connecticut.
(2) Historic district.--The term ``Historic District''
means the Coltsville Historic District.
(3) Map.--The term ``map'' means the map titled
``Coltsville National Historical Park--Proposed Boundary'',
numbered T25/102087, and dated May 11, 2010.
(4) Park.--The term ``park'' means the Coltsville National
Historical Park in the State of Connecticut.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of
Connecticut.
SEC. 3. COLTSVILLE NATIONAL HISTORICAL PARK.
(a) Establishment.--
(1) In general.--Subject to paragraph (2), there is
established in the State a unit of the National Park System to
be known as the ``Coltsville National Historical Park''.
(2) Conditions for establishment.--The park shall not be
established until the date on which the Secretary determines
that--
(A) the Secretary has acquired by donation
sufficient land or an interest in land within the
boundary of the park to constitute a manageable unit;
(B) the State, city, or private property owner, as
appropriate, has entered into a written agreement with
the Secretary to donate at least 10,000 square feet of
space in the East Armory which would include facilities
for park administration and visitor services;
(C) the Secretary has entered into a written
agreement with the State, city, or other public entity,
as appropriate, providing that and owned by the State,
city, or other public entity within the Coltsville
Historic District shall be managed consistent with this
section; and
(D) prior to accepting the donation referred to in
subparagraph (B), the Secretary has reviewed the plans
and financial resources of the developer of the East
Armory to ensure the viability of the park based on
those resources.
(b) Boundaries.--The park may include and provide appropriate
interpretation and viewing of the following sites, as generally
depicted on the map:
(1) The East Armory.
(2) The Church of the Good Shepherd.
(3) The Caldwell/Colt Memorial Parish House.
(4) Colt Park.
(5) The Potsdam Cottages.
(6) Armsmear.
(7) The James Colt House.
(c) Written Consent of the Owner.--No non-Federal property may be
included in the park without the written consent of the owner.
(d) Availability of Map.--The map shall be on file and available
for public inspection in the appropriate offices of the National Park
Service.
(e) Notice.--No later than 30 days after the date on which the
Secretary makes a determination under section 3(a)(2), the Secretary
shall publish in the Federal Register notice of the establishment of
the park.
SEC. 4. ADMINISTRATION.
(a) In General.--The Secretary shall administer the park in
accordance with--
(1) this Act; and
(2) the laws generally applicable to units of the National
Park System, including--
(A) the National Park Service Organic Act (16
U.S.C. 1 et seq.); and
(B) the Act of August 21, 1935 (16 U.S.C. 461 et
seq.).
(b) State and Local Jurisdiction.--Nothing in this Act enlarges,
diminishes, or modifies any authority of the State, or any political
subdivision of the State (including the city)--
(1) to exercise civil and criminal jurisdiction; or
(2) to carry out State laws (including regulations) and
rules on non-Federal land located within the boundary of the
park.
(c) Cooperative Agreements.--
(1) In general.--The Secretary may enter into cooperative
agreements to carry out this Act.
(2) Right of access.--A cooperative agreement entered into
under paragraph (1) shall provide that the Secretary, acting
through the Director of the National Park Service, shall have
the right of access at all reasonable times to all public
portions of the property covered by the agreement for the
purposes of--
(A) conducting visitors through the properties; and
(B) interpreting the properties for the public.
(3) Changes or alterations.--No changes or alterations
shall be made to any properties covered by a cooperative
agreement entered into under paragraph (1) unless the Secretary
and the other party to the agreement agree to the changes or
alterations.
(4) Conversion, use, or disposal.--Any payment by the
Secretary under this subsection shall be subject to an
agreement that the conversion, use, or disposal of a project
for purposes contrary to the purposes of this section, as
determined by the Secretary, shall entitle the United States to
reimbursement in an amount equal to the greater of--
(A) the amounts made available to the project by
the United States; or
(B) the portion of the increased value of the
project attributable to the amounts made available
under this subsection, as determined at the time of the
conversion, use, or disposal.
(5) Matching funds.--
(A) In general.--As a condition of the receipt of
funds under this subsection, the Secretary shall
require that any Federal funds made available under a
cooperative agreement shall be matched on a 1-to-1
basis by non-Federal funds.
(B) Form.--With the approval of the Secretary, the
non-Federal share required under subparagraph (A) may
be in the form of donated property, goods, or services
from a non-Federal source, fairly valued.
(d) Collections.--The Secretary may enter into a written agreement
with the State of Connecticut State Library, Wadsworth Atheneum, the
Colt Trust, or other public entities, as appropriate, to gain
appropriate access to Colt-related artifacts for routine display in the
East Armory or within other areas of the park to enhance the visitor
experience.
(e) Acquisition of Land.--The Secretary is authorized to acquire
land and interests in land by donation, purchase with donated funds, or
exchange, except that land or interests in land owned by the State or
any political subdivision of the State may be acquired only by
donation.
(f) Technical Assistance and Public Interpretation.--The Secretary
may provide technical assistance and public interpretation of related
historic and cultural resources within the boundary of the historic
district.
(g) No Use of Condemnation.--The Secretary may not acquire by
condemnation any land or interest in land under this Act or for the
purposes of this Act.
(h) No Buffer Zone Created.--Nothing in this Act, the establishment
of the park, or the management plan for the park shall be construed to
create buffer zones outside of the park. That activities or uses can be
seen, heard, or detected from areas within the park shall not preclude,
limit, control, regulate or determine the conduct or management of
activities or uses outside of the park.
SEC. 5. MANAGEMENT PLAN.
(a) In General.--Not later than 3 fiscal years after the date on
which funds are made available to carry out this Act, the Secretary
shall complete a management plan for the park in accordance with--
(1) section 12(b) of the National Park Service General
Authorities Act; and
(2) other applicable laws.
(b) Cost Share.--The management plan shall include provisions that
identify costs to be shared by the Federal Government, the State, and
the city, and other public or private entities or individuals for
necessary capital improvements to, and maintenance and operations of,
the park.
(c) Submission to Congress.--On completion of the management plan,
the Secretary shall submit the management plan to--
(1) the Committee on Natural Resources of the House of
Representatives; and
(2) the Committee on Energy and Natural Resources of the
Senate. | Coltsville National Historical Park Act - (Sec. 3) Establishes the Coltsville National Historical Park as a unit of the National Park System in Connecticut. Delays establishment of the Park until specified conditions have been met, including that: (1) Connecticut, the city of Hartford, or private property owner, as appropriate, has entered into a written agreement with the Secretary of the Interior to donate at least 10,000 square feet of space in the East Armory; and (2) the Secretary has entered into a written agreement with the state, city, or other public entity, as appropriate, which provides that land owned by such an entity within the Coltsville Historic District shall be managed consistent with this Act. Authorizes the Park to provide interpretation and viewing of specified sites, including the East Armory and Colt Park. Prohibits the inclusion of any non-federal property in the Park without the owner's written consent. (Sec. 4) Declares that nothing in this Act enlarges, diminishes, or modifies any authority of the state (including the city) to: (1) exercise civil and criminal jurisdiction; or (2) carry out state laws (including regulations) and rules on non-federal land located within the boundary of the Park. Authorizes the Secretary, to carry out this Act, to enter into cooperative agreements subject to specified terms, including right of access to conduct visitors through and interpret the properties for the public. Bars any changes or alterations to any properties covered by such an agreement unless the Secretary and the other party to the agreement agree to them. Subjects any payment made by the Secretary to an agreement that conversion, use, or disposal of a project for purposes contrary to the purposes of this Act shall entitle the United States to reimbursement. Requires any federal funds under such an agreement to be matched on a one-to-one basis by non-federal funds. Authorizes the Secretary of the Interior to enter into a written agreement with the Connecticut State Library, Wadsworth Atheneum, and the Colt Trust, or other appropriate public entities to gain access to Colt-related artifacts for routine display in the East Armory or within other areas of the Park. Authorizes the Secretary to acquire lands and interests in land by donation, purchase with donated funds, or exchange, except that lands or interests in land owned by the state or any political subdivision of the state may be acquired by donation only. Prohibits the Secretary from acquiring by condemnation any land or interest in land under this Act or for the purposes of this Act. Declares that nothing in this Act, the establishment of the Park, or the management plan for the Park shall be construed to create buffer zones outside of the Park. (Sec. 5) Requires the Secretary to complete and submit to Congress a management plan for the Park. Requires the management plan to identify the costs to be shared by the federal government, the state, the city, and other public or private entities or individuals for necessary capital improvements to, and maintenance and operations of, the Park. | {"src": "billsum_train", "title": "Coltsville National Historical Park Act"} | 1,773 | 671 | 0.672099 | 2.337639 | 0.7468 | 5.681135 | 2.75793 | 0.916528 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prompt Notification of Short Sales
Act''.
SEC. 2. PROMPT DECISION REGARDING SHORT SALE.
(a) Requirement for Prompt Decision.--
(1) In general.--
(A) Written response to mortgagor requests
required.--
(i) In general.--Each servicer shall
respond in writing to a mortgagor of a
residential mortgage loan who has submitted a
written request that meets the requirements of
paragraph (2), not later than the end of the
75-calendar day period beginning on the date of
receipt of such request, subject to
subparagraphs (B) and (C).
(ii) Applicability.--Clause (i) shall
apply, except as provided in subsection (b),
and notwithstanding any other provision of law
or of any contract, including a contract
between a servicer of a residential mortgage
loan and a securitization vehicle or other
investment vehicle.
(B) Content.--A written response by a servicer
under subparagraph (A) shall specify--
(i) a decision on whether such request has
been denied, approved, or that such request has
been approved subject to specified changes; or
(ii) that additional time is required, in
which case the servicer shall provide a new
decision date.
(C) Single extension of new decision date
authorized.--A servicer may, upon written notice to the
mortgagor, extend a new decision date provided under
subparagraph (B)(ii) one single time, for a period of
not longer than 21 additional calendar days.
(2) Mortgagor submission.--Paragraph (1) shall apply in any
case in which the mortgagor under a residential mortgage loan
submits to the servicer thereof--
(A) a written offer for a short sale of the
dwelling or residential real property that is subject
to the mortgage, deed of trust, or other security
interest that secures the mortgage loan; and
(B) all information required by the servicer in
connection with such a request (including a copy of an
executed contract between the owner of the dwelling or
property and the prospective buyer that is subject to
approval by the servicer).
(3) Civil actions authorized.--An aggrieved individual may
bring an action in a court of competent jurisdiction, asserting
a violation of this Act. Aggrieved individuals may be awarded
all appropriate relief, including equitable relief, and a
monetary award of $1,000 per violation, plus reasonable
attorneys' fees, or such higher amount as may be appropriate in
the case of an established pattern or practice of such
failures.
(b) Inapplicability to Certain Existing Mortgages.--Subsection (a)
shall not apply with respect to any residential mortgage with respect
to which the mortgagor and the mortgagee or servicer have entered into
a written agreement before the date of enactment of this Act explicitly
providing a procedure or terms for approval of a short sale.
(c) Treatment of Other Time Limits.--This section may not be
construed to preempt, annul, or otherwise affect any other provision of
law or of any contract or program that provides a shorter period than
is provided under subsection (a) for a decision by the servicer of a
residential mortgage loan regarding a short sale of the dwelling or
residential real property that is subject to the mortgage, deed or
trust, or other security interest that secures the mortgage loan.
(d) Definitions.--For purposes of this Act, the following
definitions shall apply:
(1) Residential mortgage loan.--The term ``residential
mortgage loan'' means any consumer credit transaction that is
secured by a mortgage, deed of trust, or other equivalent
consensual security interest on a dwelling or on residential
real property that includes a dwelling, other than a consumer
credit transaction under an open end credit plan or an
extension of credit relating to a plan described in section
101(53D) of title 11, United States Code.
(2) Securitization vehicle.--The term ``securitization
vehicle'' means a trust, special purpose entity, or other legal
structure that is used to facilitate the issuing of securities,
participation certificates, or similar instruments backed by or
referring to a pool of assets that includes residential
mortgage loans (or instruments that are related to residential
mortgage loans, such as credit-linked notes).
(3) Servicer.--The term ``servicer'' has the same meaning
as in section 129A, except that such term includes a person who
makes or holds a residential mortgage loan (including a pool of
residential mortgage loans), if such person also services the
loan.
(4) Short sale.--The term ``short sale'' means the sale of
the dwelling or residential real property that is subject to
the mortgage, deed or trust, or other security interest that
secures a residential mortgage loan that--
(A) will result in proceeds in an amount that is
less than the remaining amount due under the mortgage
loan; and
(B) requires authorization by the securitization
vehicle or other investment vehicle or holder of the
mortgage loan, or the servicer acting on behalf of such
a vehicle or holder. | Prompt Notification of Short Sales Act - Requires each servicer of a home mortgage to respond in writing within 75 days to a mortgagor of a residential mortgage loan who has requested in writing a short sale of the dwelling or residential real property that is subject to the mortgage, deed of trust, or other security interest securing the mortgage loan.
Authorizes an aggrieved individual to bring a civil action for damages and equitable relief for any violation of this Act.
Declares this Act inapplicable to certain residential mortgages entered into before its enactment whose mortgage agreements explicitly provide a procedure or terms for a short sale approval. | {"src": "billsum_train", "title": "A bill to require the lender or servicer of a home mortgage upon a request by the homeowner for a short sale, to make a prompt decision whether to allow the sale."} | 1,181 | 153 | 0.606038 | 1.753832 | 0.763747 | 3.652174 | 9.017391 | 0.886957 |
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``Federal Judiciary
Emergency Special Sessions Act of 2005''.
SEC. 2. EMERGENCY AUTHORITY TO CONDUCT COURT PROCEEDINGS OUTSIDE THE
TERRITORIAL JURISDICTION OF THE COURT.
(a) Circuit Courts.--Section 48 of title 28, United States Code, is
amended by adding at the end the following:
``(e) Each court of appeals may hold special sessions at any place
within the United States outside the circuit as the nature of the
business may require and upon such notice as the court orders, upon a
finding by either the chief judge of the court of appeals (or, if the
chief judge is unavailable, the most senior available active judge of
the court of appeals) or the judicial council of the circuit that,
because of emergency conditions, no location within the circuit is
reasonably available where such special sessions could be held. The
court may transact any business at a special session outside the
circuit which it might transact at a regular session.
``(f) If a court of appeals issues an order exercising its
authority under subsection (e), the court--
``(1) through the Administrative Office of the United
States Courts, shall--
``(A) send notice of such order, including the
reasons for the issuance of such order, to the
Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of
Representatives; and
``(B) not later than 180 days after the expiration
of such court order submit a brief report to the
Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of
Representatives describing the impact of such order,
including--
``(i) the reasons for the issuance of such
order;
``(ii) the duration of such order;
``(iii) the impact of such order on
litigants; and
``(iv) the costs to the judiciary resulting
from such order; and
``(2) shall provide reasonable notice to the United States
Marshals Service before the commencement of any special session
held pursuant to such order.''.
(b) District Courts.--Section 141 of title 28, United States Code,
is amended--
(1) by inserting ``(a)(1)'' before ``Special'';
(2) by inserting ``(2)'' before ``Any''; and
(3) by adding at the end the following:
``(b)(1) Special sessions of the district court may be held at such
places within the United States outside the district as the nature of
the business may require and upon such notice as the court orders, upon
a finding by either the chief judge of the district court (or, if the
chief judge is unavailable, the most senior available active judge of
the district court) or the judicial council of the circuit that,
because of emergency conditions, no location within the district is
reasonably available where such special sessions could be held.
``(2) Pursuant to this subsection, any business which may be
transacted at a regular session of a district court may be transacted
at a special session conducted outside the district, except that a
criminal trial may not be conducted at a special session outside of the
State in which the crime has been committed unless the defendant
consents to such a criminal trial.
``(3) Notwithstanding any other provision of law, in any case in
which a special session is conducted pursuant to this subsection, the
district court may summon jurors--
``(A) in civil proceedings, from any part of the district
in which the court ordinarily conducts business or the district
in which the court is holding a special session; and
``(B) in criminal trials, from any part of the district in
which the crime has been committed and, if a defendant so
consents, from any district in which the court is conducting
business pursuant to this subsection.
``(4) If a district court issues an order exercising its authority
under paragraph (1), the court--
``(A) through the Administrative Office of the United
States Courts, shall--
``(i) send notice of such order, including the
reasons for the issuance of such order, to the
Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of
Representatives; and
``(ii) not later than 180 days after the expiration
of such court order submit a brief report to the
Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of
Representatives describing the impact of such order,
including--
``(I) the reasons for the issuance of such
order;
``(II) the duration of such order;
``(III) the impact of such order on
litigants; and
``(IV) the costs to the judiciary resulting
from such order; and
``(B) shall provide reasonable notice to the United States
Marshals Service before the commencement of any special session
held pursuant to such order.''.
(c) Bankruptcy Courts.--Section 152(c) of title 28, United States
Code, is amended--
(1) by inserting ``(1)'' after ``(c)'';
(2) by adding at the end the following:
``(2)(A) Bankruptcy judges may hold court at such places
within the United States outside the judicial district as the
nature of the business of the court may require, and upon such
notice as the court orders, upon a finding by either the chief
judge of the bankruptcy court (or, if the chief judge is
unavailable, the most senior available bankruptcy judge) or by
the judicial council of the circuit that, because of emergency
conditions, no location within the district is reasonably
available where the bankruptcy judges could hold court.
``(B) Bankruptcy judges may transact any business at
special sessions of court held outside the district pursuant to
this paragraph that might be transacted at a regular session.
``(C) If a bankruptcy court issues an order exercising its
authority under subparagraph (A), the court--
``(i) through the Administrative Office of the
United States Courts, shall--
``(I) send notice of such order, including
the reasons for the issuance of such order, to
the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House
of Representatives; and
``(II) not later than 180 days after the
expiration of such court order submit a brief
report to the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of
the House of Representatives describing the
impact of such order, including--
``(aa) the reasons for the issuance
of such order;
``(bb) the duration of such order;
``(cc) the impact of such order on
litigants; and
``(dd) the costs to the judiciary
resulting from such order; and
``(ii) shall provide reasonable notice to the
United States Marshals Service before the commencement
of any special session held pursuant to such order.''.
(d) United States Magistrate Judges.--Section 636 of title 28,
United States Code, is amended in subsection (a) by striking
``territorial jurisdiction prescribed by his appointment--'' and
inserting ``district in which sessions are held by the court that
appointed the magistrate judge, at other places where that court may
function, and elsewhere as authorized by law--''. | Federal Judiciary Emergency Special Sessions Act of 2005 - Allows federal circuit courts of appeals, district courts, bankruptcy courts, and magistrate judges to hold special sessions outside their circuits or districts upon a finding by a chief judge or judicial council that, because of emergency conditions, no location within the courts' regular circuits or districts is reasonably available. Authorizes such courts to transact any business, except certain district court criminal proceedings, at a special session outside their circuits or districts which they might transact at a regular session.
Requires special session courts, through the Administrative Office of the U.S. Courts, to notify the Judiciary Committees of Congress of any order issued in a special session. Requires the Administrative Office to report to such congressional committees describing the reasons for the issuance of a special session order, the duration of such order, the impact of such order on litigants, and the costs to the judiciary resulting from such order. Requires special session courts to provide reasonable notice to the U.S. Marshals Service before the commencement of any special session.
Prohibits a criminal trial from being conducted at a special session outside the state in which the crime was committed unless the defendant consents. Restricts criminal jury pools to the district in which a crime was committed unless the defendant consents to be tried by jurors from the district in which the trial court is holding a special session. | {"src": "billsum_train", "title": "A bill to allow United States courts to conduct business during emergency conditions, and for other purposes."} | 1,704 | 322 | 0.723462 | 2.000327 | 0.956283 | 3.084942 | 6.142857 | 0.868726 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Patent Term Restoration Act of
1997''.
SEC. 2. PATENT TERMS.
(a) Amendment of Title 35.--Effective on the date of the enactment
of this Act, section 154 of title 35, United States Code, as amended by
the Uruguay Round Agreements Act, is amended--
(1) in paragraph (2) of subsection (a), by striking ``and
ending'' and all that follows in that paragraph and inserting
``and ending--
``(A) 17 years from the date of the grant of the
patent, or
``(B) 20 years from the date on which the
application for the patent was filed in the United
States, except that if the application contains a
specific reference to an earlier filed application or
applications under section 120, 121, or 365(c) of this
title, 20 years from the date on which the earliest
such patent application was filed,
whichever is later.''.
(2) in subsection (c)(1), by striking ``shall be the
greater of the 20-year term as provided in subsection (a), or
17 years from grant'' and inserting ``shall be the term
provided in subsection (a)''.
(b) Technical Amendment.--Section 534(b) of the Uruguay Round
Agreements Act is amended by striking paragraph (3).
SEC. 3. DEFINITION OF SPECIAL CIRCUMSTANCES TO PROTECT THE
CONFIDENTIALITY STATUS OF APPLICATIONS.
Section 122 of title 35, United States Code, is amended by striking
``as may be determined by the Commissioner'' and inserting ``as in any
of the following:
``(1) In the case of an application under section 111(a)
for a patent for an invention for which the applicant intends
to file or has filed an application for a patent in a foreign
country, the Commissioner may publish, at the discretion of the
Commissioner and by means determined suitable for the purpose,
no more than that data from such application under section
111(a) which will be made or has been made public in such
foreign country. Such a publication shall be made only after
the date of the publication in such foreign country.
``(2)(A) If the Commissioner determines that a patent
application which is filed after the date of the enactment of
this paragraph--
``(i) has been pending more than 5 years from the
effective filing date of the application,
``(ii) has not been previously published by the
Patent and Trademark Office,
``(iii) is not under any appellate review by the
Board of Patent Appeals and Interferences,
``(iv) is not under interference proceedings in
accordance with section 135(a),
``(v) is not under any secrecy order pursuant to
section 181,
``(vi) is not being diligently pursued by the
applicant in accordance with this title, and
``(vii) is not in abandonment,
the Commissioner shall notify the applicant of such
determination.
``(B) An applicant which received notice of a determination
described in subparagraph (A) may, within 30 days of receiving
such notice, petition the Commissioner to review the
determination to verify that subclauses (i) through (vii) are
all applicable to the applicant's application. If the applicant
makes such a petition, the Commissioner shall not publish the
applicant's application before the Commissioner's review of the
petition is completed. If the applicant does not submit a
petition, the Commissioner may publish the applicant's
application no earlier than 90 days after giving such a notice.
``(3) If after the date of the enactment of this paragraph
a continuing application has been filed more than 6 months
after the date of the initial filing of an application, the
Commissioner shall notify the applicant under such application.
The Commissioner shall establish a procedure for an applicant
which receives such a notice to demonstrate that the purpose of
the continuing application was for reasons other than to
achieve a delay in the time of publication of the application.
If the Commissioner agrees with such a demonstration by the
applicant, the Commissioner shall not publish the applicant's
application. If the Commissioner does not agree with such a
demonstration by the applicant or if the applicant does not
make an attempt at such a demonstration within a reasonable
period of time as determined by the Commissioner, the
Commissioner shall publish the applicant's application.
The Commissioner shall ensure that publications under paragraph (1),
(2), or (3) will not result in third-party pre-issuance oppositions
which will delay or interfere with the issuance of the patents whose
applications' data will be published.''. | Patent Term Restoration Act of 1997 - Amends provisions of the Uruguay Round Agreements Act that revise Federal patent law to provide that a patent term shall be the later of 17 years from the date the patent is granted or 20 years from the date the application was filed in the United States. Provides that if the application contains a reference to the earlier application, the term shall be 20 years from the date the earliest application was filed.
Requires the term of a patent that is in force or results from an application filed within six months after the Uruguay Round Agreements Act enactment date to be the term provided in this Act.
Revises Federal patent law requirements for confidentiality of patent applications to set out: (1) the special circumstances under which such applications can be made public; or (2) in the case of a patent application for an invention for which the applicant intends to file or has filed for a patent in a foreign country, the limited data which the Commissioner of Patents may disclose. Authorizes an applicant to petition the Commissioner of the Patent and Trademark Office to review a determination to publish a patent application. Prohibits the Commissioner from publishing an application prior to the completion of the review. | {"src": "billsum_train", "title": "Patent Term Restoration Act of 1997"} | 1,040 | 261 | 0.673779 | 1.9406 | 0.78495 | 2.485106 | 4.2 | 0.868085 |
SECTION 1. CARRYOVER OF UNUSED BENEFITS FROM HEALTH FLEXIBLE SPENDING
ARRANGEMENTS.
(a) In General.--Section 125 of the Internal Revenue Code of 1986
(relating to cafeteria plans) is amended by redesignating subsections
(h) and (i) as subsections (i) and (j), respectively, and by inserting
after subsection (g) the following new subsection:
``(h) Allowance of Carryovers of Unused Funds to Subsequent Taxable
Years.--
``(1) In general.--For purposes of this title--
``(A) a plan or other arrangement shall not fail to
be treated as a cafeteria plan or health flexible
spending arrangement, and
``(B) no amount shall be required to be included in
gross income by reason of this section or any other
provision of this chapter,
solely because under such plan or other arrangement any amounts
elected for reimbursement of eligible medical care expenses
under a health flexible spending arrangement which are unused
during a plan year may be carried forward to one or more
succeeding plan years.
``(2) Amounts included in gross income.--Any carryover
amount described in subsection (h)(1) shall be included in
gross income for purposes of Federal withholding and employment
tax purposes, including FICA taxes. Any amount carried over
under this subparagraph shall be treated as wages for the
taxable year in which the amounts were determined to be carry
over amounts as described in subsection (h)(1).
``(3) Treatment of and limitation on rollover amounts.--
Amounts carried over under subparagraph (h)(1) shall be limited
as follows:
``(A) Amounts carried forward pursuant to
subsection (h)(1) shall be limited to $2,000 per plan
year (as indexed for future years by the cost of living
adjustment determined under section 1(f)(3)). Any
unused amounts during any plan year in excess of this
amount shall be forfeited and shall be treated in
accordance with the applicable regulations issued under
section 125.
``(B) Amounts carried forward pursuant to
subsection (h)(1) shall be used only for reimbursement
of Qualified Medical Care Expenses defined in
subsection (h)(5) below.
``(C) The employer may invest such carryover
amounts in guaranteed principle and interest
investments which provide 100 percent liquidity within
the account.
``(4) Forfeitures for terminating participants permitted.--
Nothing in this subsection shall preclude the application of
the requirement set forth in the regulations promulgated under
section 125 that participants who terminate participation prior
to the end of the plan year must forfeit any health flexible
spending arrangement account balance provided such amounts do
not consist of carry over amounts described in subsection
(h)(1).
``(5) Qualified medical expenses.--
``(A) In general.--The term `qualified medical
expenses' means, with respect to subsection (h)(3)
above, amounts paid for medical care (as defined in
section 213(d)) for such individual, the spouse of such
individual, and any dependent (as defined in section
152) of such individual, but only to the extent such
amounts are not compensated for by insurance or
otherwise.
``(B) Health insurance expenses.--
``(i) In general.--Subparagraph (A) shall
not apply to any payment for coverage under a
group health plan of an employer of the health
flexible spending arrangement participant or
the spouse of the participant.
``(ii) Exceptions.--Clause (A) shall not
apply to any expense for coverage under--
``(I) a group health plan during
any period of continuation coverage
required under any Federal law,
``(II) a qualified long-term care
insurance contract (as defined in
section 7702B(b)),
``(III) a Medicare supplemental
policy under section 1882 of the Social
Security Act, or
``(IV) an individual health
insurance policy.
``(6) Carryover amounts to be expended after health
flexible spending arrangement contribution.--All Qualified
Medical Care Expenses defined in subsection (h)(5)(A) that are
submitted for reimbursement must be reimbursed first from
amounts in the participant's health care flexible spending
arrangement that do not constitute carryover amounts described
in subsection (h)(1), to the extent such amounts may be
reimbursed from the portion of the health flexible spending
arrangement that does not consist of carryover amounts pursuant
to rules set forth in the regulations promulgated under section
125 relative to health flexible spending arrangements.
``(7) Treatment of carryover amounts following termination
of employment or other loss of eligibility.--Upon a termination
of employment or other loss of eligibility under the health
care flexible spending arrangement, the Employer must provide
for one or more of the following methods of distribution of a
Participant's accumulated carryover amount plus interest earned
and allocated to such Participant pursuant to subsection
(h)(3)(C):
``(A) The Participant's accumulated carryover
amount, including any interest earned and allocated to
such health care spending arrangement balance pursuant
to (h)(3)(C), may be retained by the Employer to be
used to reimburse Qualifying Medical Care Expenses of
the former participant and the former employee's spouse
or dependents incurred after the date of termination;
``(B) The carryover amount calculated as of the day
of the termination of employment or other loss of
eligibility may be transferred to the subsequent
employer to be used by the former participant in a
manner consistent with the rule of this subsection (h),
provided the subsequent employer provides a similar
arrangement and agrees in writing; or
``(C) The employer may distribute the carryover
amount, including any interest earned and allocated to
such account pursuant to subsection (h)(3)(C), to any
appropriate vehicle as defined by the Department of
Treasury in regulations or to the participant in cash.
If carryover amounts are received in cash, the interest
earned and allocated to such participant pursuant to
subsection (h)(3)(C) shall be treated as ordinary
income for purposes of Federal tax purposes.
The employer must offer at least one of the options set forth
above; however, nothing in this subsection requires the
employer to offer more than one option. If the employer offers
more than one of the options listed above, the employee must
choose the applicable option within 60 days of the date of
termination of employment or loss of eligibility. Should no
election be made, the funds will revert to the employer
consistent with Federal regulations. If the termination of
employment or loss of eligibility is a result of the
participant's death, the surviving spouse, or dependents, if no
surviving spouse, will receive the participant's carry over
funds in a manner consistent with (h)(7)(C).''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001. | Amends the Internal Revenue Code to allow the limited (up to $2,000 annually) carryover of unused benefits from health flexible spending arrangements to subsequent taxable years to be used for the reimbursement of future medical expenses. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow amounts elected for reimbursement of medical care expenses under a health flexible spending arrangements, as defined in Code Section 106(c)(2) and the regulations promulgated under Section 125, that are unused during a Plan Year to be carried over within the account to subsequent plan years for the reimbursement of future eligible medical expenses."} | 1,512 | 46 | 0.552349 | 1.319153 | 1.095682 | 2.85 | 34.875 | 0.9 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sudan Cessation of Support for the
Lord's Resistance Army Certification Act of 2011''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) On August 12, 1993, Sudan was designated by the
Secretary of State pursuant to section 6(j) of the Export
Administration Act of 1979, section 620A of the Foreign
Assistance Act of 1961, section 40 of the Arms Export Control
Act, and other provisions of law, as a country that has
repeatedly provided support for acts of international
terrorism, more commonly known as a ``state sponsor of
terrorism''.
(2) For over two decades, the Lord's Resistance Army (LRA)
has terrorized northern Uganda and central Africa, killing
civilians and using brutal tactics such as mutilating,
abducting, and forcing individuals into sexual servitude and
forcing as many as 65,000 children to fight as part of the
rebel force.
(3) In recognition of those atrocities, the Secretary of
State has since 2001 included the Lord's Resistance Army on the
``Terrorist Exclusion List'' pursuant to section 212(a)(3) of
the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)).
(4) Similarly, the leader of the LRA, Joseph Kony, has been
designated a ``specially designated global terrorist'',
pursuant to Executive Order 13224, and found by the Secretary
of State to pose ``a significant risk of committing, acts of
terrorism that threaten the security of United States nationals
or the national security, foreign policy, or economy of the
United States''.
(5) The Government of Sudan has a history of supporting the
LRA as a proxy force against the Ugandan Government, and in an
effort to destabilize Southern Sudan, providing weapons,
supplies, intelligence, and safe haven to members of the group,
making it the only documented state-supporter of the LRA.
(6) According to the International Crisis Group, the
Sudanese Armed Forces provided material support to the LRA as
late as 2005.
(7) In its November 2010 report, the United Nations Group
of Experts on the Democratic Republic of the Congo asserted
that high-level LRA members met with Sudanese Armed Forces
commanders in the Darfur region of Sudan and sought ``to re-
establish relations with the Sudanese authorities and to
request assistance, including safe passage and political asylum
for Joseph Kony''.
(8) The finding of paragraph (7) has been echoed by former
LRA commanders and abductees.
(9) The Ugandan military, which is leading the regional
counter-LRA effort, is operational in Southern Sudan through an
agreement with the Governments of Sudan and Southern Sudan, but
it is not operational in South Darfur, making it a possible
safe haven for LRA fighters.
(10) Pursuant to the Lord's Resistance Army Disarmament and
Northern Uganda Recovery Act of 2009 (Public Law 111-172),
which was signed into law May 24, 2010, it is the policy of the
United States to ``disarm and demobilize'' the Lord's
Resistance Army.
(11) The Obama Administration has announced that the United
States is willing to begin the process to remove Sudan from the
list of state sponsors of terrorism provided that Sudan allows
the referendum on Southern Sudan's independence to proceed
peacefully and accepts the results.
(12) In an open session convened by the House Foreign
Affairs Committee on January 18, 2011, Ambassador Princeton
Lyman, Department of State Special Advisor for Sudan, indicated
that Sudan could be removed from the state sponsor of terrorism
list by July 2011, but stated that, ``any support of [the LRA]
by proxies or other such entities would preclude our following
through on [removing Sudan from the state sponsor of terrorism
list]''.
SEC. 3. CONTINUATION OF RESTRICTIONS AGAINST THE REPUBLIC OF SUDAN.
(a) In General.--Restrictions against the Republic of Sudan that
were imposed before, on, or after the date of the enactment of this Act
by reason of a determination of the Secretary of State that the
Republic of Sudan, for purposes of section 6(j) of the Export
Administration Act of 1979, section 40 of the Arms Export Control Act,
section 620A of the Foreign Assistance Act of 1961, or other provision
of law, is a government that has repeatedly provided support for acts
of international terrorism, shall remain in effect, and may not be
lifted pursuant to such provisions of law, unless, in addition to
meeting the applicable requirements under such provisions of law to
lift such restrictions, the President submits to Congress a written
certification described in subsection (b).
(b) Certification.--A certification referred to in subsection (a)
is a certification that contains a determination of the President that
the Republic of Sudan is no longer engaged in training, harboring,
supplying, financing, or supporting in any way the Lord's Resistance
Army, its leader Joseph Kony, or his top commanders. | Sudan Cessation of Support for the Lord's Resistance Army Certification Act of 2011 - Provides for the continuation of restrictions against the Republic of Sudan as a state sponsor of terror unless the President certifies to Congress that Sudan is no longer engaged in training, harboring, supplying, financing, or supporting the Lord's Resistance Army, its leader Joseph Kony, or his top commanders. | {"src": "billsum_train", "title": "To provide for the continuation of restrictions against the Republic of Sudan unless the President certifies to Congress that Sudan is no longer engaged in training, harboring, supplying, financing, or supporting in any way the Lord's Resistance Army."} | 1,116 | 85 | 0.518968 | 1.563289 | 0.764423 | 6.450704 | 14.535211 | 0.957746 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Recapture Excess Profits and Invest
in Relief (REPAIR) Act of 2005''.
SEC. 2. TEMPORARY WINDFALL PROFITS TAX.
(a) In General.--Subtitle E of the Internal Revenue Code of 1986
(relating to alcohol, tobacco, and certain other excise taxes) is
amended by adding at the end thereof the following new chapter:
``CHAPTER 56--TEMPORARY WINDFALL PROFITS ON CRUDE OIL
``Sec. 5896. Imposition of tax.
``Sec. 5897. Windfall profit; etc.
``Sec. 5898. Special rules and definitions.
``SEC. 5896. IMPOSITION OF TAX.
``(a) In General.--In addition to any other tax imposed under this
title, there is hereby imposed on any applicable taxpayer an excise tax
in an amount equal to 50 percent of the windfall profit of such
taxpayer for any taxable year beginning during 2005 or 2006.
``(b) Applicable Taxpayer.--For purposes of this chapter, the term
`applicable taxpayer' means, with respect to operations in the United
States--
``(1) any integrated oil company (as defined in section
291(b)(4)), and
``(2) any other producer or refiner of crude oil with gross
receipts from the sale of such crude oil or refined oil
products for the taxable year exceeding $100,000,000.
``SEC. 5897. WINDFALL PROFIT; ETC.
``(a) General Rule.--For purposes of this chapter, the term
`windfall profit' means the excess of the adjusted taxable income of
the applicable taxpayer for the taxable year over the reasonably
inflated average profit for such taxable year.
``(b) Adjusted Taxable Income.--For purposes of this chapter, with
respect to any applicable taxpayer, the adjusted taxable income for any
taxable year is equal to the taxable income for such taxable year
(within the meaning of section 63 and determined without regard to this
subsection)--
``(1) increased by any interest expense deduction,
charitable contribution deduction, and any net operating loss
deduction carried forward from any prior taxable year, and
``(2) reduced by any interest income, dividend income, and
net operating losses to the extent such losses exceed taxable
income for the taxable year.
In the case of any applicable taxpayer which is a foreign corporation,
the adjusted taxable income shall be determined with respect to such
income which is effectively connected with the conduct of a trade or
business in the United States.
``(c) Reasonably Inflated Average Profit.--For purposes of this
chapter, with respect to any applicable taxpayer, the reasonably
inflated average profit for any taxable year is an amount equal to the
average of the adjusted taxable income of such taxpayer for taxable
years beginning during the 2000-2004 taxable year period (determined
without regard to the taxable year with the highest adjusted taxable
income in such period) plus 10 percent of such average.
``SEC. 5898. SPECIAL RULES AND DEFINITIONS.
``(a) Withholding and Deposit of Tax.--The Secretary shall provide
such rules as are necessary for the withholding and deposit of the tax
imposed under section 5896.
``(b) Records and Information.--Each taxpayer liable for tax under
section 5896 shall keep such records, make such returns, and furnish
such information as the Secretary may by regulations prescribe.
``(c) Return of Windfall Profit Tax.--The Secretary shall provide
for the filing and the time of such filing of the return of the tax
imposed under section 5896.
``(d) Crude Oil.--The term `crude oil' includes crude oil
condensates and natural gasoline.
``(e) Businesses Under Common Control.--For purposes of this
chapter, all members of the same controlled group of corporations
(within the meaning of section 267(f)) and all persons under common
control (within the meaning of section 52(b) but determined by treating
an interest of more than 50 percent as a controlling interest) shall be
treated as 1 person.
``(f) Regulations.--The Secretary shall prescribe such regulations
as may be necessary or appropriate to carry out the purposes of this
chapter.''.
(b) Clerical Amendment.--The table of chapters for subtitle E of
the Internal Revenue Code of 1986 is amended by adding at the end the
following new item:
``Chapter 56. Temporary Windfall Profit on Crude Oil.''.
(c) Deductibility of Windfall Profit Tax.--The first sentence of
section 164(a) of the Internal Revenue Code of 1986 (relating to
deduction for taxes) is amended by inserting after paragraph (5) the
following new paragraph:
``(6) The windfall profit tax imposed by section 5896.''.
(d) Hurricane Relief Trust Fund.--
(1) 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 new section:
``SEC. 9511. HURRICANE RELIEF TRUST FUND.
``(a) Establishment.--There is established in the Treasury of the
United States a trust fund to be known as the `Hurricane Relief Trust
Fund', consisting of such amounts as may be appropriated or credited to
such Fund as provided in this section or section 9602(b).
``(b) Transfers to Fund.--There are hereby appropriated to the
Hurricane Relief Trust Fund amounts equivalent to the taxes received in
the Treasury under section 5896.
``(c) Expenditures.--Amounts in the Hurricane Relief Trust Fund
shall be available, without further appropriation, to offset the
supplemental spending bills that are targeted to aid victims of
Hurricanes Katrina and Rita enacted after the date of the enactment of
this section and before January 1, 2008. Any funds that have not been
expended by December 31, 2008, shall be credited back to the General
Fund as regular tax receipts.''.
(2) Clerical amendment.--The table of sections for such
subchapter is amended by adding at the end the following new
item:
``Sec. 9511. Hurricane Relief Trust Fund.''.
(e) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
beginning in 2005 and 2006.
(2) Subsection (c).--The amendments made by subsection (d)
shall take effect on the date of the enactment of this Act. | Recapture Excess Profits and Invest in Relief (REPAIR) Act of 2005 - Amends the Internal Revenue Code to: (1) impose on certain oil companies, for taxable years beginning in 2005 or 2006, an excise tax on 50 percent of their windfall profit from the sale of crude oil; (2) allow a tax deduction for the payment of such windfall profit tax; and (3) establish in the Treasury the Hurricane Relief Trust Fund to which windfall tax revenues will be paid to offset the cost of supplemental spending legislation enacted to aid Hurricane Katrina and Rita victims. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to impose a temporary windfall profit tax on crude oil and to use the proceeds of the tax collected to offset the cost of supplemental spending bills that are targeted to aid victims of Hurricane Katrina and Rita, and for other purposes."} | 1,532 | 131 | 0.526755 | 1.385588 | 0.655815 | 2.590909 | 11.936364 | 0.881818 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Four Corners Interpretive Center
Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the Four Corners Monument is nationally significant as the
only geographic location in the United States where 4 State
boundaries meet;
(2) the States with boundaries that meet at the Four Corners
are Arizona, Colorado, New Mexico, and Utah;
(3) between 1868 and 1875 the boundary lines that created the
Four Corners were drawn, and in 1899 a monument was erected at the
site;
(4) a United States postal stamp will be issued in 1999 to
commemorate the centennial of the original boundary marker;
(5) the Four Corners area is distinct in character and
possesses important historical, cultural, and prehistoric values
and resources within the surrounding cultural landscape;
(6) although there are no permanent facilities or utilities at
the Four Corners Monument Tribal Park, each year the park attracts
approximately 250,000 visitors;
(7) the area of the Four Corners Monument Tribal Park falls
entirely within the Navajo Nation or Ute Mountain Ute Tribe
reservations;
(8) the Navajo Nation and the Ute Mountain Ute Tribe have
entered into a memorandum of understanding governing the planning
and future development of the Four Corners Monument Tribal Park;
(9) in 1992, through agreements executed by the Governors of
Arizona, Colorado, New Mexico, and Utah, the Four Corners Heritage
Council was established as a coalition of State, Federal, tribal,
and private interests;
(10) the State of Arizona has obligated $45,000 for planning
efforts and $250,000 for construction of an interpretive center at
the Four Corners Monument Tribal Park;
(11) numerous studies and extensive consultation with American
Indians have demonstrated that development at the Four Corners
Monument Tribal Park would greatly benefit the people of the Navajo
Nation and the Ute Mountain Ute Tribe;
(12) the Arizona Department of Transportation has completed
preliminary cost estimates that are based on field experience with
rest-area development for the construction of a Four Corners
Interpretive Center and surrounding infrastructure, including
restrooms, roadways, parking areas, and water, electrical,
telephone, and sewage facilities;
(13) an interpretive center would provide important educational
and enrichment opportunities for all Americans; and
(14) Federal financial assistance and technical expertise are
needed for the construction of an interpretive center.
(b) Purposes.--The purposes of this Act are--
(1) to recognize the importance of the Four Corners Monument
and surrounding landscape as a distinct area in the heritage of the
United States that is worthy of interpretation and preservation;
(2) to assist the Navajo Nation and the Ute Mountain Ute Tribe
in establishing the Four Corners Interpretive Center and related
facilities to meet the needs of the general public;
(3) to highlight and showcase the collaborative resource
stewardship of private individuals, Indian tribes, universities,
Federal agencies, and the governments of States and political
subdivisions thereof (including counties); and
(4) to promote knowledge of the life, art, culture, politics,
and history of the culturally diverse groups of the Four Corners
region.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) Center.--The term ``Center'' means the Four Corners
Interpretive Center established under section 4, including
restrooms, parking areas, vendor facilities, sidewalks, utilities,
exhibits, and other visitor facilities.
(2) Eligible entity.--The term ``eligible entity'' means the
States of Arizona, Colorado, New Mexico, or Utah, or any consortium
of 2 or more of those States.
(3) Four corners heritage council.--The term ``Four Corners
Heritage Council'' means the nonprofit coalition of Federal, State,
tribal, and private entities established in 1992 by agreements of
the Governors of the States of Arizona, Colorado, New Mexico, and
Utah.
(4) Four corners monument.--The term ``Four Corners Monument''
means the physical monument where the boundaries of the States of
Arizona, Colorado, New Mexico, and Utah meet.
(5) Four corners monument tribal park.--The term ``Four Corners
Monument Tribal Park'' means lands within the legally defined
boundaries of the Four Corners Monument Tribal Park.
(6) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
SEC. 4. FOUR CORNERS INTERPRETIVE CENTER.
(a) Establishment.--Subject to the availability of appropriations,
the Secretary is authorized to establish within the boundaries of the
Four Corners Monument Tribal Park a center for the interpretation and
commemoration of the Four Corners Monument, to be known as the ``Four
Corners Interpretive Center''.
(b) Land Designated and Made Available.--Land for the Center shall
be designated and made available by the Navajo Nation or the Ute
Mountain Ute Tribe within the boundaries of the Four Corners Monument
Tribal Park in consultation with the Four Corners Heritage Council and
in accordance with--
(1) the memorandum of understanding between the Navajo Nation
and the Ute Mountain Ute Tribe that was entered into on October 22,
1996; and
(2) applicable supplemental agreements with the Bureau of Land
Management, the National Park Service, and the United States Forest
Service.
(c) Concurrence.--Notwithstanding any other provision of this Act,
no such center shall be established without the consent of the Navajo
Nation and the Ute Mountain Ute Tribe.
(d) Components of Center.--The Center shall include--
(1) a location for permanent and temporary exhibits depicting
the archaeological, cultural, and natural heritage of the Four
Corners region;
(2) a venue for public education programs;
(3) a location to highlight the importance of efforts to
preserve southwestern archaeological sites and museum collections;
(4) a location to provide information to the general public
about cultural and natural resources, parks, museums, and travel in
the Four Corners region; and
(5) visitor amenities including restrooms, public telephones,
and other basic facilities.
SEC. 5. CONSTRUCTION GRANT.
(a) Grant.--
(1) In general.--The Secretary is authorized to award a grant
to an eligible entity for the construction of the Center in an
amount not to exceed 50 percent of the cost of construction of the
Center.
(2) Assurances.--To be eligible for the grant, the eligible
entity that is selected to receive the grant shall provide
assurances that--
(A) the non-Federal share of the costs of construction is
paid from non-Federal sources (which may include contributions
made by States, private sources, the Navajo Nation, and the Ute
Mountain Ute Tribe for planning, design, construction,
furnishing, startup, and operational expenses); and
(B) the aggregate amount of non-Federal funds contributed
by the States used to carry out the activities specified in
subparagraph (A) will not be less than $2,000,000, of which
each of the States that is party to the grant will contribute
equally in cash or in kind.
(3) Funds from private sources.--A State may use funds from
private sources to meet the requirements of paragraph (2)(B).
(4) Funds of state of arizona.--The State of Arizona may apply
$45,000 authorized by the State of Arizona during fiscal year 1998
for planning and $250,000 that is held in reserve by the State for
construction toward the Arizona share.
(b) Grant Requirements.--In order to receive a grant under this
Act, the eligible entity selected to receive the grant shall--
(1) submit to the Secretary a proposal that--
(A) meets all applicable--
(i) laws, including building codes and regulations; and
(ii) requirements under the memorandum of understanding
described in paragraph (2); and
(B) provides such information and assurances as the
Secretary may require; and
(2) enter into a memorandum of understanding with the Secretary
providing--
(A) a timetable for completion of construction and opening
of the Center;
(B) assurances that design, architectural, and construction
contracts will be competitively awarded;
(C) specifications meeting all applicable Federal, State,
and local building codes and laws;
(D) arrangements for operations and maintenance upon
completion of construction;
(E) a description of the Center collections and educational
programming;
(F) a plan for design of exhibits including, but not
limited to, the selection of collections to be exhibited, and
the providing of security, preservation, protection,
environmental controls, and presentations in accordance with
professional museum standards;
(G) an agreement with the Navajo Nation and the Ute
Mountain Ute Tribe relative to site selection and public access
to the facilities; and
(H) a financing plan developed jointly by the Navajo Nation
and the Ute Mountain Ute Tribe outlining the long-term
management of the Center, including--
(i) the acceptance and use of funds derived from public
and private sources to minimize the use of appropriated or
borrowed funds;
(ii) the payment of the operating costs of the Center
through the assessment of fees or other income generated by
the Center;
(iii) a strategy for achieving financial self-
sufficiency with respect to the Center by not later than 5
years after the date of enactment of this Act; and
(iv) appropriate vendor standards and business
activities at the Four Corners Monument Tribal Park.
SEC. 6. SELECTION OF GRANT RECIPIENT.
The Four Corners Heritage Council may make recommendations to the
Secretary on grant proposals regarding the design of facilities at the
Four Corners Monument Tribal Park.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorizations.--There are authorized to be appropriated to the
Department of the Interior to carry out this Act--
(1) $2,000,000 for fiscal year 2000; and
(2) $50,000 for each of fiscal years 2001 through 2005 for
maintenance and operation of the Center, program development, or
staffing in a manner consistent with the requirements of section
5(b).
(b) Carryover.--Funds made available under subsection (a)(1) that
are unexpended at the end of the fiscal year for which those funds are
appropriated, may be used by the Secretary through fiscal year 2002 for
the purposes for which those funds are made available.
(c) Reservation of Funds.--The Secretary may reserve funds
appropriated pursuant to this Act until a grant proposal meeting the
requirements of this Act is submitted, but no later than September 30,
2001.
SEC. 8. DONATIONS.
Notwithstanding any other provision of law, for purposes of the
planning, construction, and operation of the Center, the Secretary may
accept, retain, and expend donations of funds, and use property or
services donated, from private persons and entities or from public
entities.
SEC. 9. STATUTORY CONSTRUCTION.
Nothing in this Act is intended to abrogate, modify, or impair any
right or claim of the Navajo Nation or the Ute Mountain Ute Tribe, that
is based on any law (including any treaty, Executive order, agreement,
or Act of Congress).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Authorizes the Secretary, under specified conditions, to award a grant to an eligible entity (Arizona, Colorado, New Mexico, or Utah, or any consortium of two or more of those States) for the construction of the Center in an amount not to exceed 50 percent of the construction cost.
Authorizes appropriations. | {"src": "billsum_train", "title": "Four Corners Interpretive Center Act"} | 2,504 | 71 | 0.442493 | 1.124228 | 0.034929 | 6.04918 | 37.803279 | 0.934426 |
SECTION 1. SHORT TITLE.
This Act shall be known as the ``Internet Gambling Study Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds as follows:
(1) Gambling is regulated primarily by State and tribal
governments and Federal statutes governing the interstate
placement of wagers are outdated.
(2) Over the past decade, the number of Americans gambling
on the Internet has risen dramatically to several million,
accounting for over half of a multibillion dollar worldwide
market.
(3) Many observers and industry analysts believe that it is
impossible to stop the sale of most products or services over
the Internet.
(4) Congress recently approved the Unlawful Internet
Gambling Enforcement Act, which imposes civil and criminal
penalties for the acceptance of any financial instrument by
those engaged in the business of unlawful Internet gambling.
(5) Congress must focus on establishing safeguards against
gambling by minors, compulsive gambling, fraud, money
laundering, and other forms of abuse.
(6) Although interpretations of a recent ruling of the
World Trade Organization's appellate body differ, legal experts
agree that it calls into question whether certain of Federal
and State gambling laws violate the commitments of the United
States under the General Agreement on Trade and Services.
(7) While only the United States and Antigua and Barbuda
are parties to that dispute, the ruling could have
ramifications for all interested parties, from the European
Union to Australia.
(b) Purpose.--The purpose of this Act is to provide for a detailed
examination by the National Research Council of the National Academy of
Sciences of the issues posed by the continued spread and growth of
interstate commerce with respect to Internet gambling, as well as the
impact of the Unlawful Internet Gambling Enforcement Act on Internet
gambling in the United States.
SEC. 3. COMPREHENSIVE STUDY OF INTERNET GAMBLING.
(a) Study Required.--
(1) In general.--The National Research Council of the
National Academy of Sciences shall enter into a contract to
conduct a comprehensive study of Internet gambling, including
the existing legal framework that governs such activities and
transactions and the impact of the Unlawful Internet Gambling
Enforcement Act on Internet gambling in the United States.
(2) Issues to be considered.--The study conducted under
paragraph (1) shall include--
(A) a review of existing Federal, State, tribal,
local, and international laws governing various forms
of wagering over the Internet, the effectiveness of
such laws, and the extent to which such provisions of
law conform or do not conform with each other;
(B) an assessment of the proliferation of Internet
gambling, including an analysis of its availability and
use within the United States;
(C) a determination of the impact of Internet
gambling on minors and compulsive gamblers and the
availability of regulatory and technological safeguards
to prevent or mitigate these impacts;
(D) a determination of the extent to which
terrorists and criminal enterprises are utilizing
Internet gambling for fraud and money laundering
purposes and the availability of regulatory and
technological safeguards to prevent or mitigate these
impacts;
(E) an assessment of the impact of the Unlawful
Internet Gambling Enforcement Act on the availability
and use within the United States of Internet gambling,
and on the adverse effects of Internet gambling
identified in subparagraphs (C) and (D);
(F) an assessment of recent technological
innovations and the practices of other nations and
international bodies that license and regulate Internet
gambling, and the practicality of using similar systems
to establish a legal framework in the United States;
(G) an analysis of the issues of federalism that
are presented by legislative and administrative
proposals designed to address the proliferation of
illegal Internet gambling, given the interstate and
international character of the Internet as a medium,
and the potential for State and tribal governments to
create a legal and regulatory framework for online
gambling within their jurisdictions or among those
jurisdictions where online gambling is legal;
(H) an assessment of the problems posed by
unregulated international Internet gambling to United
States interests and the potential means, if any, by
which the Federal Government may seek international
cooperation in addressing these concerns;
(I) an analysis of the potential impact of recent
World Trade Organization rulings regarding Internet
gambling and the long-term impact on existing and
future United States trade agreements under the General
Agreement on Trade and Services; and
(J) an analysis of the potential tax revenue that
could be generated by a legal, licensed, regulated
Internet gambling industry in the United States.
(b) Final Report.--The contract entered into under subsection (a)
shall require that the National Research Council submit to the
President, the Congress, State Governors, and Native American tribal
governments a comprehensive report on the Council's findings and
conclusions not later than 12 months after the date upon which the
contract is entered into. | Internet Gambling Study Act - Requires the National Research Council of the National Academy of Sciences to conduct a comprehensive study of Internet gambling, including the existing legal framework that governs such activities and transactions and the impact of the Unlawful Internet Gambling Enforcement Act on Internet gambling in the United States. | {"src": "billsum_train", "title": "To provide for a study by the National Academy of Sciences to identify the proper response of the United States to the growth of Internet gambling."} | 1,029 | 65 | 0.607032 | 1.581446 | 1.329599 | 8.203704 | 18.648148 | 0.981481 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Quality Nursing Care Act of 2004''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) There are hospitals throughout the United States that
have inadequate staffing of registered nurses to protect the
well-being and health of the patients.
(2) Studies show that the health of patients in hospitals
is directly proportionate to the number of registered nurses
working in the hospital.
(3) There is a critical shortage of registered nurses in
the United States.
(4) The effect of that shortage is revealed in unsafe
staffing levels in hospitals.
(5) Patient safety is adversely affected by these unsafe
staffing levels, creating a public health crisis.
(6) Registered nurses are being required to perform
professional services under conditions that do not support
quality health care or a healthful work environment for
registered nurses.
(7) As a payer for inpatient and outpatient hospital
services for individuals entitled to benefits under the program
established under title XVIII of the Social Security Act, the
Federal Government has a compelling interest in promoting the
safety of such individuals by requiring any hospital
participating in such program to establish minimum safe
staffing levels for registered nurses.
SEC. 3. ESTABLISHMENT OF MINIMUM STAFFING RATIOS BY MEDICARE
PARTICIPATING HOSPITALS.
(a) Requirement of Medicare Provider Agreement.--Section 1866(a)(1)
of the Social Security Act (42 U.S.C. 1395cc(a)(1)), as amended by the
Medicare Prescription Drug, Improvement, and Modernization Act of 2003,
is amended--
(1) by striking ``and'' at the end of subparagraph (U);
(2) by striking the period at the end of subparagraph (V)
and inserting ``, and''; and
(3) by inserting after subparagraph (V) and before the end
matter the following:
``(W) in the case of a hospital--
``(i) to adopt and implement a staffing
system that meets the requirements of section
1898;
``(ii) to meet the requirements of such
section relating to--
``(I) records maintenance;
``(II) data collection; and
``(III) data submission; and
``(iii) to meet the requirements of such
section relating to non-discrimination and
retaliation.''.
(b) Requirements.--Part D of title XVIII of the Social Security
Act, as amended by the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003, is amended by adding at the end the
following:
``staffing requirements for medicare participating hospitals
``Sec. 1898. (a) Establishment of Staffing System.--Each
participating hospital shall adopt and implement a staffing system that
ensures a number of registered nurses on each shift and in each unit of
the hospital to ensure appropriate staffing levels for patient care. A
staffing system adopted and implemented under this section shall--
``(1) be developed on the basis of input from the direct
care-giving registered nurse staff or, where nurses are
represented, with the applicable recognized or certified
collective bargaining representatives of the registered nurses;
``(2) be based upon the number of patients and the level
and variability of intensity of care to be provided, with
appropriate consideration given to admissions, discharges and
transfers during each shift;
``(3) account for contextual issues affecting staffing and
the delivery of care, including architecture and geography of
the environment and available technology;
``(4) reflect the level of preparation and experience of
those providing care;
``(5) account for staffing level effectiveness or
deficiencies in related health care classifications, including
but not limited to, certified nurse assistants, licensed
vocational nurses, licensed psychiatric technicians, nursing
assistants, aides and orderlies;
``(6) reflect staffing levels recommended by specialty
nursing organizations;
``(7) subject to subsection (b), establish upwardly
adjustable registered nurse-to-patient ratios based upon
registered nurses' assessment of patient acuity and existing
conditions;
``(8) provide that a registered nurse shall not be assigned
to work in a particular unit without first having established
the ability to provide professional care in such unit; and
``(9) be based on methods that assure validity and
reliability.
``(b) Limitation.--A staffing system adopted and implemented
pursuant to subsection (a) may not--
``(1) set registered-nurse levels below those required by
any Federal or State law or regulation; or
``(2) utilize any minimum registered nurse-to-patient ratio
established pursuant to subsection (a)(7) as an upper limit on
the staffing of the hospital to which such ratio applies.
``(c) Reporting, and Release to Public, of Certain Staffing
Information.--
``(1) Requirements for hospitals.--Each participating
hospital shall--
``(A) post daily for each shift, in a clearly
visible place, a document that specifies in a uniform
manner (as prescribed by the Secretary) the current
number of licensed and unlicensed nursing staff
directly responsible for patient care in each unit of
the hospital, identifying specifically the number of
registered nurses;
``(B) upon request, make available to the public--
``(i) the nursing staff information
described in subparagraph (A); and
``(ii) a detailed written description of
the staffing system established by the hospital
pursuant to subsection (a); and
``(C) submit to the Secretary in a uniform manner
(as prescribed by the Secretary) the nursing staff
information described in subparagraph (A) through
electronic data submission not less frequently than
quarterly.
``(2) Secretarial responsibilities.--The Secretary shall--
``(A) make the information submitted pursuant to
paragraph (1)(C) publicly available, including by
publication of such information on the Internet site of
the Department of Health and Human Services; and
``(B) provide for the auditing of such information
for accuracy as a part of the process of determining
whether an institution is a hospital for purposes of
this title.
``(d) Record-Keeping; Data Collection; Evaluation.--
``(1) Record-keeping.--Each participating hospital shall
maintain for a period of at least 3 years (or, if longer, until
the conclusion of pending enforcement activities) such records
as the Secretary deems necessary to determine to whether the
hospital has adopted and implemented a staffing system pursuant
to subsection (a).
``(2) Data collection on certain outcomes.--The Secretary
shall require the collection, maintenance, and submission of
data by each participating hospital sufficient to establish the
link between the staffing system established pursuant to
subsection (a) and--
``(A) patient acuity from maintenance of acuity
data through entries on patients' charts;
``(B) patient outcomes that are nursing sensitive,
such as patient falls, adverse drug events, injuries to
patients, skin breakdown, pneumonia, infection rates,
upper gastrointestinal bleeding, shock, cardiac arrest,
length of stay, and patient re-admissions;
``(C) operational outcomes, such as work-related
injury or illness, vacancy and turnover rates, nursing
care hours per patient day, on-call use, overtime
rates, and needle-stick injuries; and
``(D) patient complaints related to staffing
levels.
``(3) Evaluation.--Each participating hospital shall
annually evaluate its staffing system and established minimum
registered nurse staffing ratios to assure on-going reliability
and validity of the system and ratios. The evaluation shall be
conducted by a joint management-staff committee comprised of at
least 50 percent of registered nurses who provide direct
patient care and where nurses are represented, with the
involvement of the applicable recognized or certified
collective bargaining representatives of the registered nurses.
``(e) Enforcement.--
``(1) Responsibility.--The Secretary shall enforce the
requirements and prohibitions of this section.
``(2) Procedures for receiving and investigating
complaints.--The Secretary shall establish procedures under
which--
``(A) any person may file a complaint that a
participating hospital has violated a requirement or a
prohibition of this section; and
``(B) such complaints are investigated by the
Secretary.
``(3) Remedies.--If the Secretary determines that a
participating hospital has violated a requirement of this
section, the Secretary--
``(A) shall require the facility to establish a
corrective action plan to prevent the recurrence of
such violation; and
``(B) may impose civil money penalties under
paragraph (4).
``(4) Civil money penalties.--
``(A) In general.--In addition to any other
penalties prescribed by law, the Secretary may impose a
civil money penalty of not more than $10,000 for each
knowing violation of a requirement of this section,
except that the Secretary shall impose a civil money
penalty of more than $10,000 for each such violation in
the case of a participating hospital that the Secretary
determines has a pattern or practice of such violations
(with the amount of such additional penalties being
determined in accordance with a schedule or methodology
specified in regulations).
``(B) Procedures.--The provisions of section 1128A
(other than subsections (a) and (b)) shall apply to a
civil money penalty under this paragraph in the same
manner as such provisions apply to a penalty or
proceeding under section 1128A.
``(C) Public notice of violations.--
``(i) Internet site.--The Secretary shall
publish on the Internet site of the Department
of Health and Human Services the names of participating hospitals on
which civil money penalties have been imposed under this section, the
violation for which the penalty was imposed, and such additional
information as the Secretary determines appropriate.
``(ii) Change of ownership.--With respect
to a participating hospital that had a change
in ownership, as determined by the Secretary,
penalties imposed on the hospital while under
previous ownership shall no longer be published
by the Secretary of such Internet site after
the 1-year period beginning on the date of
change in ownership.
``(f) Whistle-Blower Protections.--
``(1) Prohibition of discrimination and retaliation.--A
participating hospital shall not discriminate or retaliate in
any manner against any patient or employee of the hospital
because that patient or employee, or any other person, has
presented a grievance or complaint, or has initiated or
cooperated in any investigation or proceeding of any kind,
relating to the staffing system or other requirements and
prohibitions of this section.
``(2) Relief for prevailing employees.--An employee of a
participating hospital who has been discriminated or retaliated
against in employment in violation of this subsection may
initiate judicial action in a United States District Court and
shall be entitled to reinstatement, reimbursement for lost
wages and work benefits caused by the unlawful acts of the
employing hospital. Prevailing employees are entitled to
reasonable attorney's fees and costs associated with pursuing
the case.
``(3) Relief for prevailing patients.--A patient who has
been discriminated or retaliated against in violation of this
subsection may initiate judicial action in a United States
District Court. A prevailing patient shall be entitled to
liquidated damages of $5,000 for a violation of this statute in
addition to any other damages under other applicable statutes,
regulations or common law. Prevailing patients are entitled to
reasonable attorney's fees and costs associated with pursuing
the case.
``(4) Limitation on actions.--No action may be brought
under paragraph (2) or (3) more than 2 years after the
discrimination or retaliation with respect to which the action
is brought.
``(5) Treatment of adverse employment actions.--For
purposes of this subsection--
``(A) an adverse employment action shall be treated
as `retaliation or discrimination'; and
``(B) an adverse employment action includes--
``(i) the failure to promote an individual
or provide any other employment-related benefit
for which the individual would otherwise be
eligible;
``(ii) an adverse evaluation or decision
made in relation to accreditation,
certification, credentialing, or licensing of
the individual; and
``(iii) a personnel action that is adverse
to the individual concerned.
``(g) Rules of Construction.--
``(1) Relationship to state laws.--Nothing in this section
shall be construed as exempting or relieving any person from
any liability, duty, penalty, or punishment provided by any
present or future law of any State or political subdivision of
a State, other than any such law which purports to require or
permit the doing of any act which would be an unlawful practice
under this title.
``(2) Relationship to conduct prohibited under the national
labor relations act.--Nothing in this section shall be
construed as permitting conduct prohibited under the National
Labor Relations Act or under any other federal, State, or local
collective bargaining law.
``(h) Regulations.--The Secretary shall promulgate such regulations
as are appropriate and necessary to implement this Act.
``(i) Definitions.--For purposes of this section--
``(1) the term `participating hospital' means a hospital
that has entered into a provider agreement under section 1866;
``(2) the term `registered nurse' means an individual who
has been granted a license to practice as a registered nurse in
at least one State;
``(3) the term `unit' of a hospital is an organizational
department or separate geographic area of a hospital, such as a
burn unit, a labor and delivery room, a post-anesthesia service
area, an emergency department, an operating room, a pediatric
unit, a step-down or intermediate care unit, a specialty care
unit, a telemetry unit, a general medical care unit, a subacute
care unit, and a transitional inpatient care unit;
``(4) a `shift' is a scheduled set of hours or duty period
to be worked at a participating hospital; and
``(5) a `person' includes one or more individuals,
associations, corporations, unincorporated organizations or
labor unions.''.
(c) Effective Date.--The amendments made by this section shall
become effective on January 1, 2005. | Quality Nursing Care Act of 2004 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, to require under new Medicare part D (Voluntary Prescription Drug Benefit Program) that each participating hospital adopt and implement a staffing system that ensures a number of registered nurses on each shift and in each unit of the hospital to ensure appropriate staffing levels for patient care. Outlines whistle-blower protections. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to impose minimum nurse staffing ratios in Medicare participating hospitals, and for other purposes."} | 3,165 | 112 | 0.534258 | 1.463254 | 0.865535 | 6.901099 | 32.846154 | 0.945055 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Agua Fria National
Monument Technical Corrections Act of 2002''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Boundary modifications.
Sec. 4. Administration of Monument.
Sec. 5. Effect on existing and historical uses of Federal lands in
Monument.
Sec. 6. Effect on grazing.
Sec. 7. Land acquisition.
Sec. 8. Effect on water rights.
Sec. 9. Effect on use of Presidential authority to expand Monument.
SEC. 2. DEFINITIONS.
In this Act:
(1) Monument.--The term ``Monument'' means the Agua Fria
National Monument established by Presidential Proclamation 7263
of January 11, 2000 (65 Fed. Reg. 2817).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Bureau of Land Management.
(3) Advisory committee.--The term ``advisory committee''
means the Agua Fria National Monument Advisory Committee
established pursuant to section 4.
(4) State.--The term ``State'' means the State of Arizona.
SEC. 3. BOUNDARY MODIFICATIONS.
(a) Removal of Lands.--The Secretary shall modify the boundaries of
the Monument to exclude from the Monument the following parcels of
land:
(1) The north \1/2\ of section 17, township 11 north, range
3 east, Gila and Salt River meridian.
(2) All private lands located within section 25, township
11 north, range 3 east, Gila and Salt River meridian.
(b) Adjustment of Western Boundary.--The Secretary shall modify the
western boundary of the Monument to be at least 400 feet east of the
existing State Department of Transportation right-of-way.
SEC. 4. ADMINISTRATION OF MONUMENT.
(a) Management Authority.--
(1) Use of bureau of land management.--Subject to this Act,
the administration, protection, and development of the Monument
shall be exercised under the direction of the Secretary by the
Bureau of Land Management.
(2) Related prohibitions.--The Secretary may not use the
National Park Service or the Fish and Wildlife Service to
administer the Monument. The Secretary may not include or
manage the Monument, or any portion of the Monument, as a unit
of the National Park System, the National Wilderness
Preservation System, or the National Wildlife Refuge System,
except by express authorization of Congress in a law enacted
after the date of the enactment of this Act.
(b) Review of Interim Management Policy.--The Secretary shall
review the interim management policy for the administration of the
Monument, which is dated October 1, 2001, and was prepared by the
Bureau of Land Management, to ensure the consistency of the policy with
this Act.
(c) Management Plan.--Within two years after the enactment of this
Act, the Secretary shall develop a comprehensive plan for the long-
range management of the Monument. The plan shall be developed with full
opportunity for public participation and comment and shall contain
provisions designed to ensure protection of the archaeological,
scientific, educational, historical, ranching, and recreational
resources and values of the Monument.
(d) Advisory Committee.--
(1) Establishment.--The Secretary shall establish an
advisory committee for the Monument, to be known as the ``Agua
Fria National Monument Advisory Committee'', whose purpose
shall be to advise the Secretary with respect to the
preparation and implementation of the management plan required
by subsection (c).
(2) Representation.--The advisory committee shall consist
of eight members appointed by the Secretary, as follows:
(A) One member appointed from nominations submitted
by the Governor of the State.
(B) One member appointed from nominations submitted
by the State Game and Fish Commission.
(C) One member who is a recognized archaeologist
residing in the State, appointed from nominations
supplied by institutions of higher education in the
State.
(D) One member appointed from nominations supplied
by the Board of Supervisors for Yavapai County,
Arizona.
(E) One member holding a grazing permit within the
boundaries of the Monument.
(F) One member who has a recognized background in
wildlife conservation, riparian ecology, archaeology,
paleontology, or other discipline directly related to
the primary purposes for which the Monument was
established.
(G) One member residing in Arizona appointed from
nominations by the Inter-Tribal Council of Arizona.
(H) One member who represents recreational users of
the Monument.
(3) Terms.--Members of the advisory committee shall be
appointed for terms of three years, except that of the members
first appointed, two shall be appointed for terms of one year
and three shall be appointed for terms of two years.
SEC. 5. EFFECT ON EXISTING AND HISTORICAL USES OF FEDERAL LANDS
INCLUDED IN MONUMENT.
(a) Recognition of Existing Uses.--The designation of the Monument
by Proclamation 7263 shall not be construed to alter the existing
authorized uses of the Federal lands included in the Monument. For
purposes of this subsection, the Secretary shall treat a land use as an
existing authorized land use if that land use was an authorized use as
of January 1, 2000.
(b) Hunting, Trapping, and Fishing.--The Secretary shall allow
hunting, trapping, and fishing on lands and waters within the Monument
in accordance with applicable State law and in consultation with State
agencies. The establishment of the Monument shall neither enlarge nor
diminish the jurisdiction of the State of Arizona with respect to fish
and wildlife management within the Monument.
(c) Motorized Vehicles.--The Secretary shall continue to allow the
use of motorized vehicles on designated roads and trails within the
Monument. Motorized vehicle use off-road shall be prohibited, except
for emergency, administrative, or any other purpose authorized by the
Secretary. The Secretary shall also allow the use of nonmotorized,
wheeled game carriers within the Monument for the removal of downed big
game.
(d) Maintenance.--The designation of the Monument shall not be
construed to affect the maintenance of, or access to, rights-of-way and
other easements, and the improvements thereon, including electric
transmission facilities, within the Monument.
SEC. 6. EFFECT ON GRAZING.
(a) Findings.--Congress finds the following:
(1) Livestock grazing is an important historic and
traditional use of the Federal lands included in the Monument.
(2) Continued livestock grazing on these lands is
compatible with the purposes for which the Monument was
established.
(b) Grazing.--The Secretary shall permit the grazing of livestock
in the Monument in accordance with all laws (including regulations)
that apply to the issuance and administration of grazing leases and
range improvements on other land under the jurisdiction of the Bureau
of Land Management.
(c) Grazing Levels.--The establishment of the Monument shall
neither diminish nor increase the authorized grazing levels in the
Monument.
(d) Access and Improvements.--The establishment of the Monument
shall have no impact on the ability of grazing lease holders, their
designees, and their successors in interest to maintain, develop, and
construct new stock tanks, wells, corrals, buildings, and other man-
made structures and improvements within their allotments that are
necessary for their grazing operations.
SEC. 7. LAND ACQUISITION.
The Secretary may acquire State or privately held land or interests
in land within the boundaries of the Monument only by donation,
purchase with donated or appropriated funds from a willing seller, or
exchange with a willing party.
SEC. 8. EFFECT ON WATER RIGHTS.
Nothing in this Act or Presidential Proclamation 7263 of January
11, 2000, shall be construed to establish a new or implied reservation
to the United States of any water or water-related right with respect
to lands included in the Monument. No provision of this Act or the
Proclamation shall be construed as authorizing the appropriation of
water, except in accordance with the substantive and procedural law of
the State.
SEC. 9. EFFECT ON USE OF PRESIDENTIAL AUTHORITY TO EXPAND MONUMENT.
(a) Further Expansion Precluded.--Subject to subsection (c), the
designation of the Monument by Presidential Proclamation 7263 of
January 11, 2000, and the enactment of this Act shall preclude the use
by the President, or any designee of the President, of the authority
provided in the Act of June 8, 1906 (commonly known as the Antiquities
Act; U.S.C. 431 et seq.), to expand by presidential proclamation the
boundaries of the Monument to include any other Federal lands.
(b) Study.--Within one year after the date of the enactment of this
Act, the Secretary, in consultation with the Secretary of the
Agriculture, shall submit to the President a study containing such
recommendations as the Secretaries consider appropriate regarding any
boundary changes to the Monument that would advance the public interest
through--
(1) enhanced protection of the archaeological resources
located within the Monument and on adjacent lands, including
National Forest System lands; or
(2) expanded opportunities for public education and
scientific research concerning these archaeological resources.
(c) Authorization of Boundary Adjustment.--During the 90-day period
beginning on the date of the submission of the study under subsection
(b), the President may adjust the boundaries of the Monument in light
of the recommendations contained in the study, except that the total
size of the Monument may not exceed 88,000 acres. | Agua Fria National Monument Technical Corrections Act of 2002 - Directs the Secretary of the Interior, through the Bureau of Land Management, to modify: (1) the boundaries of the Agua Fria National Monument to exclude specified parcels of public and private land; and (2) the Monument's western boundary to be at least 400 feet east of the existing Arizona State Department of Transportation right-of-way.Bars the use of the National Park Service or the Fish and Wildlife Service to administer the Monument.Requires the Secretary to: (1) review the interim management policy for the administration of the Monument; and (2) develop a plan for its long-range management.Establishes the Agua Fria National Monument Advisory Committee.Requires the Secretary to: (1) allow hunting, trapping, and fishing on lands and waters within the Monument; (2) continue to allow the use of motorized vehicles on designated roads and trails; (3) allow the use of non-motorized, wheeled game carriers for the removal of downed big game; and (4) permit livestock grazing.Declares that the designation of the Monument by Presidential Proclamation 7263 of January 11, 2000, and the enactment of this Act shall preclude the use by the President of the authority provided in the Antiquities Act to expand by presidential proclamation its boundaries to include any other Federal lands.Directs the Secretary to submit to the President a study containing recommendations regarding any boundary changes to the Monument that would enhance protection of the archaeological resources or expand opportunities for public education and scientific research concerning these resources. | {"src": "billsum_train", "title": "To modify the boundaries of the Agua Fria National Monument in the State of Arizona to clarify Bureau of Land Management administrative responsibilities regarding the Monument, and for other purposes."} | 2,156 | 343 | 0.675718 | 2.028465 | 0.804345 | 5.384106 | 6.456954 | 0.953642 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Trafficking Victims Protection
Act''.
SEC. 2. PROTECTING CHILD TRAFFICKING VICTIMS.
(a) Short Title.--This section may be cited as the ``Child
Trafficking Victims Protection Act''.
(b) Defined Term.--In this section, the term ``unaccompanied alien
children'' has the meaning given such term in section 462 of the
Homeland Security Act of 2002 (6 U.S.C. 279).
(c) Mandatory Training.--The Secretary, in consultation with the
Secretary of Health and Human Services and independent child welfare
experts, shall mandate appropriate training of all personnel who come
into contact with unaccompanied alien children in the relevant legal
authorities, policies, practices, and procedures pertaining to this
vulnerable population.
(d) Care and Transportation.--Notwithstanding any other provision
of law, the Secretary shall ensure that all unaccompanied alien
children who will undergo any immigration proceedings before the
Department or the Executive Office for Immigration Review are duly
transported and placed in the care and legal and physical custody of
the Office of Refugee Resettlement not later than 72 hours after their
apprehension absent exceptional circumstances, including a natural
disaster or comparable emergency beyond the control of the Secretary or
the Office of Refugee Resettlement. The Secretary, to the extent
practicable, shall ensure that female officers are continuously present
during the transfer and transport of female detainees who are in the
custody of the Department.
(e) Qualified Resources.--
(1) In general.--The Secretary shall provide adequately
trained and qualified staff and resources, including the
accommodation of child welfare officials, in accordance with
subsection (e), at U.S. Customs and Border Protection ports of
entry and stations.
(2) Child welfare professionals.--The Secretary of Health
and Human Services, in consultation with the Secretary, shall
hire, on a full- or part-time basis, child welfare
professionals who will provide assistance, either in person or
by other appropriate methods of communication, in not fewer
than 7 of the U.S. Customs and Border Protection offices or
stations with the largest number of unaccompanied alien child
apprehensions in the previous fiscal year.
(f) Child Welfare Professionals.--
(1) In general.--The Secretary, in consultation with the
Secretary of Health and Human Services, shall ensure that
qualified child welfare professionals with expertise in
culturally competent, trauma-centered, and developmentally
appropriate interviewing skills are available at ports of entry
and stations as described in subsection (d).
(2) Duties.--Child welfare professionals described in
paragraph (1) shall--
(A) develop guidelines for treatment of
unaccompanied alien children in the custody of the
Department;
(B) conduct screening of all unaccompanied alien
children in accordance with section 235(a)(4) of the
William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 (8 U.S.C. 1232(a)(4));
(C) notify the Department and the Office of Refugee
Resettlement of children that potentially meet the
notification and transfer requirements set forth in
subsections (a) and (b) of section 235 of such Act (8
U.S.C. 1232);
(D) interview adult relatives accompanying
unaccompanied alien children;
(E) provide an initial family relationship and
trafficking assessment and recommendations regarding
unaccompanied alien children's initial placements to
the Office of Refugee Resettlement, which shall be
conducted in accordance with the timeframe set forth in
subsections (a)(4) and (b)(3) of section 235 of such
Act (8 U.S.C. 1232); and
(F) ensure that each unaccompanied alien child in
the custody of U.S. Customs and Border Protection--
(i) receives emergency medical care when
necessary;
(ii) receives emergency medical and mental
health care that complies with the standards
adopted pursuant to section 8(c) of the Prison
Rape Elimination Act of 2003 (42 U.S.C.
15607(c)) whenever necessary, including in
cases in which a child is at risk to harm
himself, herself, or others;
(iii) is provided with climate appropriate
clothing, shoes, basic personal hygiene and
sanitary products, a pillow, linens, and
sufficient blankets to rest at a comfortable
temperature;
(iv) receives adequate nutrition;
(v) enjoys a safe and sanitary living
environment;
(vi) has access to daily recreational
programs and activities if held for a period
longer than 24 hours;
(vii) has access to legal services and
consular officials; and
(viii) is permitted to make supervised
phone calls to family members.
(3) Final determinations.--The Office of Refugee
Resettlement in accordance with applicable policies and
procedures for sponsors, shall submit final determinations on
family relationships to the Secretary, who shall consider such
adult relatives for community-based support alternatives to
detention.
(4) Report.--Not later than 18 months after the date of the
enactment of this Act, and annually thereafter, the Secretary
shall submit a report to Congress that--
(A) describes the screening procedures used by the
child welfare professionals to screen unaccompanied
alien children;
(B) assesses the effectiveness of such screenings;
and
(C) includes data on all unaccompanied alien
children who were screened by child welfare
professionals.
(g) Immediate Notification.--The Secretary shall notify the Office
of Refugee Resettlement of an unaccompanied alien child in the custody
of the Department as soon as practicable, but generally not later than
48 hours after the Department encounters the child, to effectively and
efficiently coordinate the child's transfer to and placement with the
Office of Refugee Resettlement.
(h) Notice of Rights and Right to Access to Counsel.--
(1) In general.--The Secretary shall ensure that all
unaccompanied alien children, upon apprehension, are provided--
(A) an interview and screening with a child welfare
professional described in subsection (e)(1); and
(B) an orientation and oral and written notice of
their rights under the Immigration and Nationality Act,
including--
(i) their right to relief from removal;
(ii) their right to confer with counsel (as
guaranteed under section 292 of such Act (8
U.S.C. 1362)), family, or friends while in the
temporary custody of the Department; and
(iii) relevant complaint mechanisms to
report any abuse or misconduct they may have
experienced.
(2) Languages.--The Secretary shall ensure that--
(A) the video orientation and written notice of
rights described in paragraph (1) is available in
English and in the 5 most common native languages
spoken by the unaccompanied children held in custody at
that location during the preceding fiscal year; and
(B) the oral notice of rights is available in
English and in the most common native language spoken
by the unaccompanied children held in custody at that
location during the preceding fiscal year.
(i) Confidentiality.--The Secretary of Health and Human Services
shall maintain the privacy and confidentiality of all information
gathered in the course of providing care, custody, placement, and
follow-up services to unaccompanied alien children, consistent with the
best interest of the unaccompanied alien child, by not disclosing such
information to other government agencies or nonparental third parties
unless such disclosure is--
(1) recorded in writing and placed in the child's file;
(2) in the child's best interest; and
(3)(A) authorized by the child or by an approved sponsor in
accordance with section 235 of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 (8
U.S.C. 1232) and the Health Insurance Portability and
Accountability Act (Public Law 104-191); or
(B) provided to a duly recognized law enforcement entity to
prevent imminent and serious harm to another individual.
(j) Other Policies and Procedures.--The Secretary shall adopt
fundamental child protection policies and procedures--
(1) for reliable age determinations of children, developed
in consultation with medical and child welfare experts, which
exclude the use of fallible forensic testing of children's bone
and teeth;
(2) to utilize all legal authorities to defer the child's
removal if the child faces a risk of life-threatening harm upon
return including due to the child's mental health or medical
condition; and
(3) to ensure, in accordance with the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.),
that unaccompanied alien children, while in detention, are--
(A) physically separated from any adult who is not
an immediate family member; and
(B) separated from--
(i) immigration detainees and inmates with
criminal convictions;
(ii) pretrial inmates facing criminal
prosecution; and
(iii) inmates exhibiting violent behavior.
(k) Repatriation and Reintegration Program.--
(1) In general.--The Administrator of the United States
Agency for International Development, in conjunction with the
Secretary, the Secretary of Health and Human Services, the
Attorney General, international organizations, and
nongovernmental organizations in the United States with
expertise in repatriation and reintegration, shall ensure that
programs in the United States and within the country of return
support the safe and sustainable repatriation and reintegration
of unaccompanied alien children into their country of
nationality or of last habitual residence, including placement
with their families, legal guardians, or other sponsoring
agencies.
(2) Report on repatriation and reintegration of
unaccompanied alien children.--Not later than 18 months after
the date of the enactment of this Act, and annually thereafter,
the Administrator of the Agency for International Development
shall submit a substantive report to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives on efforts to improve repatriation
and reintegration programs for unaccompanied alien children.
(l) Transfer of Funds.--
(1) Authorization.--The Secretary, in accordance with a
written agreement between the Secretary and the Secretary of
Health and Human Services, shall transfer such amounts as may
be necessary to carry out the duties described in subsection
(f)(2) from amounts appropriated for U.S. Customs and Border
Protection to the Department of Health and Human Services.
(2) Report.--Not later than 15 days before any proposed
transfer under paragraph (1), the Secretary of Health and Human
Services, in consultation with the Secretary, shall submit a
detailed expenditure plan that describes the actions proposed
to be taken with amounts transferred under such paragraph to--
(A) the Committee on Appropriations of the Senate;
and
(B) the Committee on Appropriations of the House of
Representatives. | Child Trafficking Victims Protection Act - Directs the Secretary of Homeland Security (DHS) to: (1) require the appropriate training of all personnel who come into contact with unaccompanied alien children, and (2) hire child welfare professionals. Sets forth related protections for such children regarding: (1) prompt placement with the Office of Refugee Resettlement, (2) qualified resources and child welfare professionals at appropriate ports of entry and stations, (3) confidentiality, (4) notice of rights and access to counsel, and (5) the presence of female officers during the transfer and transport of female detainees. Directs the U.S. Agency for International Development (USAID) to implement a best practices program in the United States and within the country of return to ensure the safe and sustainable repatriation and reintegration of unaccompanied alien children into their country of nationality or of last habitual residence. | {"src": "billsum_train", "title": "Child Trafficking Victims Protection Act"} | 2,358 | 187 | 0.5799 | 1.638878 | 0.837233 | 3.850299 | 12.754491 | 0.916168 |
SECTION 1. SHORT TITLE; CONSTITUTIONAL AUTHORITY.
(a) Short Title.--This Act may be cited as the ``Cost Integrity and
Fairness Act of 2005''.
(b) Constitutional Authority to Enact This Legislation.--The
constitutional authority upon which this Act rests is the power of
Congress to lay and collect taxes, set forth in article I, section 8 of
the United States Constitution.
SEC. 2. REFUNDABLE AND ADVANCEABLE CREDIT FOR HEALTH INSURANCE COSTS.
(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 redesignating section 36 as section 37 and by inserting
after section 35 the following new section:
``SEC. 36. HEALTH INSURANCE COSTS.
``(a) In General.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by this subtitle an amount
equal to the amount paid during the taxable year for qualified health
insurance for coverage of the taxpayer, his spouse, and dependents.
``(b) Limitations.--
``(1) Maximum credit.--
``(A) In general.--The amount allowed as a credit
under subsection (a) to the taxpayer for the taxable
year shall not exceed the sum of the monthly
limitations for months during such taxable year.
``(B) Monthly limitation.--The monthly limitation
for any month is the amount equal to \1/12\ of the
lesser of--
``(i) the product of $1,000 multiplied by
the number of individuals taken into account
under subsection (a) who are covered under
qualified health insurance as of the first day
of such month, or
``(ii) $3,000.
``(2) Employer subsidized coverage.--Subsection (a) shall
not apply to amounts paid for coverage of any individual for
any month for which such individual participates in any
subsidized health plan maintained by any employer of the
taxpayer or of the spouse of the taxpayer. The rule of the last
sentence of section 162(l)(2)(B) shall apply for purposes of
the preceding sentence.
``(c) Qualified Health Insurance.--For purposes of this section--
``(1) In general.--The term `qualified health insurance'
means insurance which constitutes medical care if--
``(A) such insurance meets the requirements of
section 223(c)(2)(A)(ii),
``(B) there is no exclusion from, or limitation on,
coverage for any preexisting medical condition of any
applicant who, on the date the application is made, has
been continuously insured during the 1-year period
ending on the date of the application under--
``(i) qualified health insurance
(determined without regard to this
subparagraph), or
``(ii) a program described in--
``(I) title XVIII or XIX of the
Social Security Act,
``(II) chapter 55 of title 10,
United States Code,
``(III) chapter 17 of title 38,
United States Code,
``(IV) chapter 89 of title 5,
United States Code, or
``(V) the Indian Health Care
Improvement Act, and
``(C) in the case of each applicant who has not
been continuously so insured during the 1-year period
ending on the date the application is made, the
exclusion from, or limitation on, coverage for any
preexisting medical condition does not extend beyond
the period after such date equal to the lesser of--
``(i) the number of months immediately
prior to such date during which the individual
was not so insured since the illness or
condition in question was first diagnosed, or
``(ii) 1 year.
``(2) Exclusion of certain plans.--Such term does not
include--
``(A) insurance if substantially all of its
coverage is coverage described in section 223(c)(1)(B),
``(B) insurance under a program described in
paragraph (1)(B)(ii).
``(3) Transition rule for 2005.--In the case of
applications made during 2005, the requirements of
subparagraphs (C) and (D) of paragraph (1) are met only if the
insurance does not exclude from coverage, or limit coverage
for, any preexisting medical condition of any applicant.
``(d) Special Rules.--
``(1) Coordination with medical deduction, etc.--Any amount
paid by a taxpayer for insurance to which subsection (a)
applies shall not be taken into account in computing the amount
allowable to the taxpayer as a credit under section 35 or as a
deduction under section 162(l) or 213(a).
``(2) Denial of credit to dependents.--No credit shall be
allowed under this section to any individual with respect to
whom a deduction under section 151 is allowable to another
taxpayer for a taxable year beginning in the calendar year in
which such individual's taxable year begins.
``(3) Married couples must file joint return.--
``(A) In general.--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
his spouse file a joint return for the taxable year.
``(B) Marital status; certain married individuals
living apart.--Rules similar to the rules of paragraphs
(3) and (4) of section 21(e) shall apply for purposes
of this paragraph.
``(4) Verification of coverage, etc.--No credit shall be
allowed under this section to any individual unless such
individual's coverage under qualified health insurance, and the
amount paid for such coverage, are verified in such manner as
the Secretary may prescribe.
``(5) Coordination with advance payments of credit.--With
respect to any taxable year, the amount which would (but for
this subsection) be allowed as a credit to the taxpayer under
subsection (a) shall be reduced (but not below zero) by the
aggregate amount paid on behalf of such taxpayer under section
7527A for months beginning in such taxable year.
``(6) Cost-of-living adjustment.--In the case of any
taxable year beginning in a calendar year after 2005, each
dollar amount contained in subsection (b)(1)(B) shall be
increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins by substituting `calendar year
2004' for `calendar year 1992' in subparagraph (B)
thereof.
Any increase determined under the preceding sentence shall be
rounded to the nearest multiple of $10.''.
(b) Advance Payment of Credit.--Chapter 77 of such Code (relating
to miscellaneous provisions) is amended by inserting after section 7527
the following new section:
``SEC. 7527A. ADVANCE PAYMENT OF CREDIT FOR HEALTH INSURANCE COSTS.
``(a) General Rule.--The Secretary shall establish a program for
making payments on behalf of individuals to providers of qualified
health insurance (as defined in section 36(c)) for such individuals.
``(b) Limitation on Advance Payments During Any Taxable Year.--The
Secretary may make payments under subsection (a) only to the extent
that the total amount of such payments made on behalf of any individual
during the taxable year does not exceed the amount allowable as a
credit to such individual for such year under section 36 (determined
without regard to subsection (d)(5) thereof).''.
(c) Conforming Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting ``or 36'' after ``section
35''.
(2) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
is amended by striking the item relating to section 36 and
inserting the following new items:
``Sec. 36. Health insurance costs.
``Sec. 37. Overpayments of tax.''.
(3) The table of sections for chapter 77 of such Code is
amended by inserting after the item relating to section 7527
the following new item:
``Sec. 7527A. Advance payment of credit for health insurance costs.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2004. | Cost Integrity and Fairness Act of 2005 - Amends the Internal Revenue Code to: (1) allow a refundable tax credit for the health insurance costs of a taxpayer, the taxpayer's spouse, and dependents; and (2) direct the Secretary of the Treasury to establish a program for making advance payments of credit amounts to health insurance providers. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow individuals a refundable and advanceable credit against income tax for health insurance costs."} | 1,924 | 74 | 0.51992 | 1.151519 | 0.499592 | 2.272727 | 26.242424 | 0.939394 |
SECTION 1. SHORT TITLE.
This Act may be cited as ``Department of Energy Nanoscale Science
and Engineering Research Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The emerging fields of nanoscience and nanoengineering
address the ability to create materials with fundamentally new
compositions by prepositioning atoms within an overall
molecular composition.
(2) The ability of the United States to respond to the
energy and economic challenges of the 21st century will be
driven by science and technology. Nanoscience and
nanoengineering will enable the United States to develop new
technologies for energy exploration and production, for
monitoring energy infrastructure, for increasing energy
efficiency in end-use application, and for developing new
technologies applicable to other Department of Energy statutory
missions. These advances will also enhance the strength of U.S.
science, technology, and medicine generally.
(3) The fundamental intellectual challenges inherent in
nanoscience and nanoengineering are considerable, and require
public support for basic and applied research and development.
Significant advances in areas such as the self-assembly of atom
clusters will be required before nanoscience or nanoengineering
will be useful to the energy or manufacturing industries.
(4) The development of new scientific instruments will also
be required to advance nanoscience and nanoengineering. Such
instruments are likely to be large and costly. Specialized
facilities are also likely to be required in order to advance
the field and to realize its promise. Such facilities will be
sufficiently expensive that they will have to be located and
constructed on a centralized basis, similar to a number of
unique facilities already managed by the Department of Energy.
(5) Contributions from individual researchers as well as
multidisciplinary research teams will be required to advance
nanoscience and nanoengineering.
(6) The Department of Energy's Office of Science is well
suited to manage nanoscience and nanoengineering research and
development for the Department. Through its support of research
and development pursuant to the Department's statutory
authorities, the Office of Science is the principal federal supporter
of the research and development in the physical and computational
sciences. The Office is also a significant source of federal support
for research in genomics and the life sciences. The Office supports
research and development by individual investigators and
multidisciplinary teams, and manages special user facilities that serve
investigators in both university and industry.
SEC. 3. DEPARTMENT OF ENERGY PROGRAM.
(a) Establishment.--The Secretary of Energy, through the Office of
Science of the Department of Energy, shall support a program of
research and development in nanoscience and nanoengineering consistent
with the Department's statutory authorities related to research and
development. The program shall include efforts to further the
understanding of the chemistry, physics, materials science and
engineering of phenomena on the scale of 1 to 100 nanometers.
(b) Duties of the Office of Science.--In carrying out the program
under this Act, the Director of the Office of Science shall--
(1) support both individual investigators and
multidisciplinary teams of investigators;
(2) pursuant to subsection (c), develop, plan, construct,
acquire, or operate special equipment or facilities for the use
of investigators conducting research and development in
nanoscience and nanoengineering;
(3) support technology transfer activities to benefit
industry and other users of nanoscience and nanoengineering;
and
(4) coordinate research and development activities with
industry and other federal agencies.
(c) Nanoscience and Nanoengineering Research Centers and Major
Instrumentation.--
(1) Authorization.--Within the funds authorized to be
appropriated pursuant to this Act, the amounts specified under
section 4(b) shall, subject to appropriations, be available for
projects to develop, plan, construct, acquire, or operate
special equipment, instrumentation, or facilities for
investigators conducting research and development in
nanoscience and nanoengineering.
(2) Projects.--Projects under paragraph (1) may include the
measurement of properties at the scale of 1 to 100 nanometers,
manipulation at such scales, and the integration of
technologies based on nanoscience or nanoengineering into bulk
materials or other technologies.
(3) Facilities.--Facilities under paragraph (1) may include
electron microcharacterization facilities, microlithography
facilities, scanning probe facilities and related
instrumentation science.
(4) Collaboration.--The Secretary shall encourage
collaborations among universities, laboratories and industry at
facilities under this subsection. At least one Department
facility under this subsection shall have a specific mission of
technology transfer to other institutions and to industry.
(d) Merit Review Required.--All grants, contracts, cooperative
agreements, or other financial assistance awards under this Act shall
be made only after independent merit review.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
(a) Total Authorization.--The following sums are authorized to be
appropriated to the Secretary of Energy, to remain available until
expended, for the purposes of carrying out this Act:
(1) $160,000,000 for fiscal year 2002.
(2) $270,000,000 for fiscal year 2003.
(3) $290,000,000 for fiscal year 2004.
(4) $310,000,000 for fiscal year 2005.
(5) $330,000,000 for fiscal year 2006.
(b) Nanoscience and Nanoengineering Research Centers and Major
Instrumentation.--Of the funds under subsection (a), the following sums
are authorized to be appropriated to carry out section 3(c):
(1) $55,000,000 for fiscal year 2002.
(2) $135,000,000 for fiscal year 2003.
(3) $150,000,000 for fiscal year 2004.
(4) $120,000,000 for fiscal year 2005.
(5) $100,000,000 for fiscal year 2006. | Department of Energy Nanoscale Science and Engineering Research Act - Directs the Secretary of Energy, through the Office of Science of the Department of Energy, to support a program of research and development (R&D) in nanoscience and nanoengineering, including efforts to further the understanding of the chemistry, physics, materials science, and engineering of phenomena on a scale of one to 100 nanometers. | {"src": "billsum_train", "title": "A bill authorizing funding for nanoscale science and engineering research and development at the Department of Energy for fiscal years 2002 through 2006."} | 1,196 | 87 | 0.545399 | 1.508926 | 0.349412 | 4.450704 | 15.830986 | 0.957746 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``TVA Customer Protection Act of
1999''.
SEC. 2. INCLUSION IN DEFINITION OF PUBLIC UTILITY.
(a) In General.--Section 201(e) of the Federal Power Act (16 U.S.C.
824(e)) is amended by inserting before the period at the end the
following: ``, and includes the Tennessee Valley Authority''.
(b) Conforming Amendment.--Section 201(f) of the Federal Power Act
(16 U.S.C. 824(f)) is amended by striking ``foregoing, or any
corporation'' and inserting ``foregoing (other than the Tennessee
Valley Authority) or any corporation''.
SEC. 3. DISPOSITION OF PROPERTY.
Section 203 of the Federal Power Act (16 U.S.C. 824b) is amended by
adding at the end the following:
``(c) TVA Exception.--This section does not apply to a disposition
of the whole or any part of the facilities of the Tennessee Valley
Authority if--
``(1) the Tennessee Valley Authority discloses to the
Commission (on a form, and to the extent, that the Commission
shall prescribe by regulation) the sale, lease, or other
disposition of any part of its facilities that--
``(A) is subject to the jurisdiction of the
Commission under this Part; and
``(B) has a value of more than $50,000; and
``(2) all proceeds of the sale, lease, or other disposition
under paragraph (1) are applied by the Tennessee Valley
Authority to the reduction of debt of the Tennessee Valley
Authority.''.
SEC. 4. FOREIGN OPERATIONS; PROTECTIONS.
Section 208 of the Federal Power Act (16 U.S.C. 824g) is amended by
adding at the end the following:
``(c) Tennessee Valley Authority.--
``(1) Limit on charges.--
``(A) No authorization or permit.--The Commission
shall issue no order under this Act that has the effect
of authorizing or permitting the Tennessee Valley
Authority to make, demand, or receive any rate or
charge, or impose any rule or regulation pertaining to
a rate or charge, that includes any costs incurred by
or for the Tennessee Valley Authority in the conduct of
any activities or operations outside the United States.
``(B) Unlawful rate.--
``(i) In general.--Any rate, charge, rule,
or regulation described in subparagraph (A)
shall be deemed for the purposes of this Act to
be unjust, unreasonable, and unlawful.
``(ii) No limitation on authority.--Clause
(i) does not limit the authority of the
Commission under any other provision of law to
regulate and establish just and reasonable
rates and charges for the Tennessee Valley
Authority.
``(2) Annual report.--The Tennessee Valley Authority shall
annually--
``(A) prepare and file with the Commission, in a
form that the Commission shall prescribe by regulation,
a report setting forth in detail any activities or
operations engaged in outside the United States by or
on behalf of the Tennessee Valley Authority; and
``(B) certify to the Commission that the Tennessee
Valley Authority has neither recovered nor sought to
recover the costs of activities or operations engaged
in outside the United States by or on behalf of the
Tennessee Valley Authority in any rate, charge, rule,
or regulation on file with the Commission.''.
SEC. 5. TVA POWER SALES AND PROPERTY VALUATION.
(a) In General.--Part II of the Federal Power Act (16 U.S.C. 824 et
seq.) is amended by adding at the end the following:
``SEC. 215. TVA POWER SALES.
``(a) In General.--The Tennessee Valley Authority shall not sell
electric power to a retail customer that will consume the power within
the area that, on the date of enactment of this section, is assigned by
law as the distributor service area, unless--
``(1) the customer (or predecessor in interest to the
customer) was purchasing electric power directly from the
Tennessee Valley Authority as a retail customer on that date;
``(2) the distributor is purchasing firm power from the
Tennessee Valley Authority in an amount that is equal to not
more than 50 percent of the total retail sales of the
distributor; or
``(3) the distributor agrees that the Tennessee Valley
Authority may sell power to the customer.
``(b) Retail Sales.--Notwithstanding any other provision of law,
the rates, terms, and conditions of retail sales of electric power by
the Tennessee Valley Authority that are not prohibited by subsection
(a) shall be subject to regulation under State law applicable to public
utilities in the manner and to the extent that a State commission or
other regulatory authority determines to be appropriate.
``(c) Assurance of Adequate Electric Generation Capacity.--
``(1) In general.--Notwithstanding any other provision of
law, after the date of enactment of this section, the Tennessee
Valley Authority shall not construct or acquire by any means
electric generation capacity, or sell the output of electric
generation capacity constructed or acquired after that date,
unless the Commission has issued to the Tennessee Valley
Authority a certificate of public convenience and necessity
authorizing the construction or acquisition of electric
generation capacity.
``(2) Criteria for issuance of certificate.--The Commission
shall issue a certificate of public convenience and necessity
under paragraph (1) only if the Commission finds, after
affording an opportunity for an evidentiary hearing, that--
``(A) the reserve power margin of the Tennessee
Valley Authority for the area within which the
Tennessee Valley Authority is permitted by law to be a
source of supply--
``(i) is less than 15 percent; and
``(ii) is expected to remain less than 15
percent for a period of at least 1 year unless
new capacity is constructed or acquired;
``(B) the Energy Information Administration has
submitted to the Commission, with respect to issuance
of the certificate of public convenience and necessity,
a determination that--
``(i) there is no commercially reasonable
option for the purchase of power from the
wholesale power market to meet the needs of the
area within which the Tennessee Valley
Authority is permitted by law to be a source of
supply; and
``(ii) the proposed construction or
acquisition is the only commercially reasonable
means to meet the firm contractual obligations
of the Tennessee Valley Authority with respect
to the area within which the Tennessee Valley
Authority is permitted by law to be a source of
supply;
``(C) the electric generation capacity or the
output of the capacity proposed to be authorized will
not make the Tennessee Valley Authority a direct or
indirect source of supply in any area with respect to
which the Authority is prohibited by law from being,
directly or indirectly, a source of supply; and
``(D) the electric generation capacity proposed to
be authorized is completely subscribed in advance for
use by customers only within the area for which the
Tennessee Valley Authority or distributors of the
Authority were the primary source of power supply on
July 1, 1957.
``SEC. 216. VALUATION OF CERTAIN TVA PROPERTY.
``(a) Evidentiary Hearing.--Not later than 120 days after the date
of enactment of this section, notwithstanding any other provision of
law, the Commission shall commence a hearing on the record for the
purpose of determining the value of the property owned by the Tennessee
Valley Authority--
``(1) that is used and useful; and
``(2) the cost of which was prudently incurred in providing
electric service, as of July 1, 1999, to--
``(A) the distributors of the Authority; and
``(B) the customers that directly purchased power
from the Authority.
``(b) Procedures and Standards.--In making the determination under
subsection (a), the Commission shall use, to the maximum extent
practicable, the procedures and standards that the Commission uses in
making similar determinations with respect to public utilities.
``(c) Timing of Final Order.--The Commission shall issue a final
order with respect to the determination under subsection (a)--
``(1) not later than 1 year after the date of commencement
of the hearing under subsection (a); or
``(2) not later than a date determined by the Commission by
an order supported by the record.
``(d) Timing of Order Awarding Recovery of Stranded Costs.--The
Commission may issue an order awarding recovery to the Tennessee Valley
Authority of costs rendered uneconomic by competition not earlier than
the date on which the Commission issues a final order with respect to
the determination under subsection (a).''.
(b) Transition.--Not later than 180 days after the date of
enactment of this Act, the Tennessee Valley Authority shall file all
rates and charges for the transmission or sale of electric energy and
the classifications, practices, and regulations affecting those rates
and charges, together with all contracts that in any manner affect or
relate to contracts that are required to be filed under Part II of the
Federal Power Act (16 U.S.C. 824 et seq.) (as amended by subsection
(a)) and that are in effect as of the date of enactment of this Act.
SEC. 6. FILING AND FULL DISCLOSURE OF TVA DOCUMENTS.
Part III of the Federal Power Act (16 U.S.C. 825 et seq.) is
amended--
(1) by redesignating sections 319 through 321 as sections
320 through 322, respectively; and
(2) by inserting after section 318 the following:
``SEC. 319. FILING AND FULL DISCLOSURE OF TVA DOCUMENTS.
``(a) In General.--The Tennessee Valley Authority shall file and
disclose the same documents and other information that other public
utilities are required to file under this Act, as the Commission shall
require by regulation.
``(b) Regulation.--
``(1) Timing.--The regulation under subsection (a) shall be
promulgated not later than 1 year after the date of enactment
of this section.
``(2) Considerations.--In promulgating the regulation under
subsection (a), the Commission shall take into consideration
the practices of the Commission with respect to public
utilities other than the Tennessee Valley Authority.''.
SEC. 7. APPLICABILITY OF THE ANTITRUST LAWS.
The Tennessee Valley Authority Act of 1933 (16 U.S.C. 831 et seq.)
is amended by inserting after section 16 the following:
``SEC. 17. APPLICABILITY OF THE ANTITRUST LAWS.
``(a) Definition of Antitrust Laws.--In this section, the term
`antitrust laws' means--
``(1) an antitrust law (within the meaning of section (1)
of the Clayton Act (15 U.S.C. 12));
``(2) the Act of June 19, 1936 (commonly known as the
`Robinson Patman Act') (49 Stat. 1526, chapter 323; 15 U.S.C.
13 et seq.); and
``(3) section 5 of the Federal Trade Commission Act (15
U.S.C. 45), to the extent that the section relates to unfair
methods of competition.
``(b) Applicability.--Nothing in this Act modifies, impairs, or
supersedes the antitrust laws.
``(c) Antitrust Laws.--
``(1) TVA deemed a person.--The Tennessee Valley Authority
shall be deemed to be a person, and not government, for
purposes of the antitrust laws.
``(2) Applicability.--Notwithstanding any other provision
of law, the antitrust laws (including the availability of any
remedy for a violation of an antitrust law) shall apply to the
Tennessee Valley Authority notwithstanding any determination
that the Tennessee Valley Authority is a corporate agency or
instrumentality of the United States or is otherwise engaged in
governmental functions.''.
SEC. 8. SAVINGS PROVISION.
(a) Definition of TVA Distributor.--In this section, the term ``TVA
distributor'' means a cooperative organization or publicly owned
electric power system that, on January 2, 1998, purchased electric
power at wholesale from the Tennessee Valley Authority under an all-
requirements power contract.
(b) Effect of Act.--Nothing in this Act or any amendment made by
this Act--
(1) subjects any TVA distributor to regulation by the
Federal Energy Regulatory Commission; or
(2) abrogates or affects any law in effect on the date of
enactment of this Act that applies to a TVA distributor.
SEC. 9. PROVISION OF CONSTRUCTION EQUIPMENT, CONTRACTING, AND
ENGINEERING SERVICES.
Section 4 of the Tennessee Valley Authority Act of 1933 (16 U.S.C.
831c) is amended by adding at the end the following:
``(m) Provision of Construction Equipment, Contracting, and
Engineering Services.--
``(1) In general.--Notwithstanding any other provision of
this Act, except as provided in this subsection, the
Corporation shall not have power to--
``(A) rent or sell construction equipment;
``(B) provide a construction equipment maintenance
or repair service;
``(C) perform contract construction work; or
``(D) provide a construction engineering service;
to any private or public entity.
``(2) Electrical contractors.--The Corporation may provide
equipment or a service described in subparagraph (1) to a
private contractor that is engaged in electrical utility work
on an electrical utility project of the Corporation.
``(3) Customers, distributors, and governmental entities.--
The Corporation may provide equipment or a service described in
subparagraph (1) to--
``(A) a power customer served directly by the
Corporation;
``(B) a distributor of Corporation power; or
``(C) a Federal, State, or local government entity;
that is engaged in work specifically related to an electrical
utility project of the Corporation.
``(4) Used construction equipment.--
``(A) Definition of used construction equipment.--
In this paragraph, the term `used construction
equipment' means construction equipment that has been
in service for more than 2,500 hours.
``(B) Disposition.--The Corporation may dispose of
used construction equipment by means of a public
auction conducted by a private entity that is
independent of the Corporation.
``(C) Debt reduction.--The Corporation shall apply
all proceeds of a disposition of used construction
equipment under subparagraph (B) to the reduction of
debt of the Corporation.''.
SEC. 10. MISCELLANEOUS AMENDMENTS TO TENNESSEE VALLEY AUTHORITY ACT TO
PROVIDE COMPETITIVE EQUALITY.
(a) Section 15d(a) the first paragraph of the TVA Act (16 U.S.C.
831n-4), is hereby repealed and replaced as follows:
``Bonds for Financing Power Program
``(a) Authorization; Amount, Use of Proceeds; Restriction on
Contracts for Sale or Delivery of Power; Exchange Power Arrangements;
Payment of Principal and Interest; Bond Contracts.--The Corporation is
authorized to issue and sell bonds, notes, and other evidences of
indebtedness (hereinafter collectively referred to as ``bonds'') in an
amount not exceeding $27,000,000,000 outstanding as of January 1, 2001,
to assist in financing its power program and to refund such bonds:
Provided, That such authorization shall be reduced in annual increments
of $1,000,000,000, such that TVA shall be authorized to issue and sell
bonds, in an amount up to and not exceeding $17,000,000,000 on and
after January 1, 2011: Provided further, That the Corporation shall
certify to the Committee on Transportation and Infrastructure by
January 1 of each year that the Corporation's cumulative indebtedness
is less than the bond authorization designated herein. The Corporation
may, in performing functions authorized by this chapter, use the
proceeds of such bonds for the operation and maintenance of any plant
or other facility used or to be used for the generation or transmission
of electric power; as may be required in connection with the lease,
lease-purchase, or any contract for the power output of any such plant
or other facility. Unless otherwise specifically authorized by Act of
Congress the Corporation shall make no contracts for the sale or
delivery of power which would have the effect of making the Corporation
or its distributors, directly or indirectly, a source of power supply
outside the area for which the Corporation or its distributors were the
primary source of power supply on July 1, 1957, and such additional
area extending not more than five miles around the periphery of such
area as may be necessary to care for the growth of the Corporation and
its distributors within said area.''.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Federal Energy
Regulatory Commission such sums as are necessary to carry out this Act
and the amendments made by this Act. | (Sec. 4) Prohibits FERC from issuing any permit or authorization that would allow TVA charges or rates to recover costs incurred in the conduct of activities or operations outside the United States. Mandates an annual TVA status report detailing its activities or operations outside the United States.
(Sec. 5) Sets constraints upon retail sales of electric power by TVA within an area assigned by law as the distributor service area.
Sets forth prerequisites for a FERC certification of public convenience and necessity in connection with any proposed TVA acquisition, construction, or sales of electric generation capacity.
Directs FERC to conduct an evidentiary hearing, according to specified requirements, to determine the value of TVA-owned property whose cost was incurred to provide electric service to TVA distributors and customers.
(Sec. 6) Mandates filing and full disclosure of TVA documents in the same manner as is required of other public utilities.
(Sec. 7) Amends the Tennessee Valley Authority Act to provide that TVA shall be deemed to be a person and not a government, for purposes of the antitrust laws (thus subjecting TVA to such laws).
(Sec. 9) Denies TVA the power to provide any services related to construction equipment, contracting, and engineering services. Mandates that proceeds received from disposition of its used construction equipment be applied to TVA debt reduction.
(Sec. 10) Revamps TVA authority to issue bonds to finance its power program so as to: (1) reduce in annual increments the total authorized amount of TVA indebtedness; (2) mandate annual TVA certification that its cumulative indebtedness is less than its bond authorization; and (3) mandate specific authority granted by an act of Congress as a precondition to TVA contracts for power sales or delivery which would have the effect of making TVA a power supply source outside the area for which it was the primary source of power as of 1957. | {"src": "billsum_train", "title": "TVA Customer Protection Act of 1999"} | 3,772 | 412 | 0.475571 | 1.620935 | 0.686701 | 2.59726 | 9.479452 | 0.893151 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Business Activity Tax Simplification
Act of 2006''.
SEC. 2. REMOVAL OF CERTAIN LIMITATIONS ON THE APPLICATION 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 subsection (a)(1) by striking ``of tangible'' and
all that follows through ``State; and'' and inserting the
following:
``or transactions, which orders are sent outside the State for
approval or rejection and, if approved, 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 from a
point outside the State;
and'';
(2) in subsection (c)--
(A) by inserting ``or fulfilling transactions''
after ``making sales'';
(B) by inserting ``or transactions'' after
``sales'' the other places it appears;
(C) by striking ``of tangible personal property''
the first place it appears; and
(D) by striking ``, of tangible personal
property''; and
(3) in subsection (d)(1) by striking ``the sale of,
tangible personal property'' and inserting ``a sale or
transaction,''.
(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. Beginning with taxable periods beginning on or after
the first day of the first calendar year that begins after the date of
the enactment of the Business Activity Tax Simplification Act of 2006,
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 4 of the Business Activity Tax
Simplification Act of 2006. 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.''.
(c) Effective Date of Subsection (a) Amendments.--The amendments
made by subsection (a) shall apply with respect to the imposition,
assessment, and collection of taxes for taxable periods beginning on or
after the first day of the first calendar year that begins after the
date of the enactment of the Business Activity Tax Simplification Act
of 2006.
SEC. 3. 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.--For the 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, collectively and on more than 21 days in the aggregate,
during such person's taxable year:
(1) Being an individual physically in the State, or
assigning one or more employees to be in the State, except that
the following shall be excluded in determining whether such 21-
day limit has been exceeded:
(A) Activities in connection with a possible or an
actual purchase of goods or services, for consumption
by the person's business.
(B) Gathering news for print, broadcast, or other
distribution through the news media.
(C) Meeting government officials for purposes other
than selling goods or services, for consumption by such
government.
(D) Merely attending educational or training
conferences, seminars or other similar functions.
(E) Nonprofit participation in charitable
activities.
(2) 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.
(3) The leasing or owning of tangible personal property or
of real property in the State, except that the following shall
be excluded in determining whether such 21-day limit has been
exceeded:
(A) Tangible personal property located in the State
for purposes of being assembled, manufactured,
processed, or tested by another person for the benefit
of the owner or lessee, or used to furnish a service to
the owner or lessee by another person.
(B) Marketing or promotional materials distributed
in the State.
(C) Any property to the extent used ancillary to an
activity excluded from the computation of the 21-day
period based on paragraph (1) or (2).
(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) 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, an S corporation (as defined in section
1361 of the Internal Revenue Code of 1986 (26 U.S.C. 1361)), a
limited liability company, 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 bring an enforcement action against a person or entity
that may be engaged in an illegal activity, a sham transaction,
or any perceived or actual abuse in its business activities if
such enforcement action does not modify, affect, or supersede
the operation of any provision of this Act or of any other
Federal law.
(4) Certain activities.--With respect to the following,
subsection (b) shall be read by substituting ``at least one
day'' for ``more than 21 days in the aggregate'':
(A) The sale within a State of tangible personal
property, if delivery of the property originates and is
completed within the State.
(B) The performance of services that physically
affect real property within a State.
(5) Exception relating to certain performances and sporting
events.--With respect to the taxation of the following,
subsection (b) shall be read by substituting ``at least one
day'' for ``more than 21 days in the aggregate'':
(A) A live performance in a State, before a live
audience of more than 100 individuals.
(B) A live sporting event in a State before more
than 100 spectators present at the event.
(e) Rule of Construction.--This section shall not be construed to
modify, affect, or supersede the operation of 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.).
SEC. 4. DEFINITIONS.
The following definitions apply in 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) The term ``other business activity tax''
means--
(i) a tax imposed on or measured by gross
receipts, gross income, or gross profits;
(ii) a business license tax;
(iii) a business and occupation tax;
(iv) a franchise tax;
(v) a single business tax or a capital
stock tax; or
(vi) any other tax imposed by a State on a
business for the right to do business in the
State or measured by the amount of, or economic
results of, business or related activity
conducted in the State.
(B) The term ``other business activity tax'' does
not include a sales tax, a use tax, or a similar tax,
imposed as the result of the sale or acquisition of
goods or services, whether or not denominated a tax
imposed on the privilege of doing business.
(3) 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.
(4) Tangible personal property.--The term ``tangible
personal property'' does not include computer software that is
owned and licensed by the owner to another person.
SEC. 5. EFFECTIVE DATE.
Except as provided otherwise in this Act, this Act applies with
respect to taxable periods beginning on and after the first day of the
first year that begins after the date of enactment of this Act. | Business Activity Tax Simplification Act of 2006 - Extends the general federal prohibition against state taxation (i.e., net income taxation) of interstate commerce to 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). Extends such prohibition to other business activity taxes (defined as taxes imposed on or measured by gross receipts, gross income, or gross profits, a business license tax, a business and occupation tax, a franchise tax, a single business tax or a capital stock tax, or any other tax based on business activity).
Prohibits state taxation of activities in interstate commerce unless the taxpayer has a physical presence in the taxing state. Defines "physical presence in a state" to mean business and leasing activities for more than 21 days in the taxing state. Disregards in determining such 21-day period: (1) activities relating to the purchase of goods or services for a business; (2) news-gathering activities; (3) certain meetings with government officials; (4) attending educational or training conferences; or (5) participation in charitable activities. Reduces the 21-day period to one day for: (1) live performances and sporting events in the taxing state when the audience is more than 100 individuals; (2) sales of tangible personal property made in the taxing state if delivery is completed in such state; and (3) the performance of services that physically affect real property within the taxing state.
Excludes from this Act's prohibition against state taxation: (1) entities incorporated or formed under the laws of such state; (2) individuals domiciled in such state; and (3) the owner or beneficiary of a partnership, S corporation, limited liability company, or similar entity that has a physical presence in the taxing state. | {"src": "billsum_train", "title": "To regulate certain State taxation of interstate commerce; and for other purposes."} | 2,341 | 403 | 0.534943 | 1.570115 | 0.678957 | 2.860274 | 5.926027 | 0.931507 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safety Net Preservation Act of
1999''.
SEC. 2. NEW PROSPECTIVE PAYMENT SYSTEM FOR FEDERALLY-QUALIFIED HEALTH
CENTERS AND RURAL HEALTH CLINICS.
(a) In General.--Section 1902(a) of the Social Security Act (42
U.S.C. 1396a(a)) is amended--
(1) in paragraph (13)--
(A) in subparagraph (A), by adding ``and'' at the
end;
(B) in subparagraph (B), by striking ``and'' at the
end; and
(C) by striking subparagraph (C); and
(2) by inserting after paragraph (14) the following new
paragraph:
``(15) for payment for services described in clause (B) or
(C) of section 1905(a)(2) under the plan in accordance with
subsection (aa);''.
(b) New Prospective Payment System.--Section 1902 of the Social
Security Act (42 U.S.C. 1396a) is amended by adding at the end the
following:
``(aa) Payment for Services Provided by Federally-Qualified Health
Centers and Rural Health Clinics.--
``(1) In general.--Beginning with fiscal year 2000 and each
succeeding fiscal year, the State plan shall provide for
payment for services described in section 1905(a)(2)(C)
furnished by a Federally-qualified health center and services
described in section 1905(a)(2)(B) furnished by a rural health
clinic in accordance with the provisions of this subsection.
``(2) Fiscal year 2000.--Subject to paragraph (4), for
services furnished during fiscal year 2000, the State plan
shall provide for payment for such services in an amount
(calculated on a per visit basis) that is equal to 100 percent
of the costs of the center or clinic of furnishing such
services during fiscal year 1999 which are reasonable and
related to the cost of furnishing such services, or based on
such other tests of reasonableness as the Secretary prescribes
in regulations under section 1833(a)(3), or, in the case of
services to which such regulations do not apply, the same
methodology used under section 1833(a)(3), adjusted to take
into account any increase in the scope of such services
furnished by the center or clinic during fiscal year 2000.
``(3) Fiscal year 2001 and succeeding fiscal years.--
Subject to paragraph (4), for services furnished during fiscal
year 2001 or a succeeding fiscal year, the State plan shall
provide for payment for such services in an amount (calculated
on a per visit basis) that is equal to the amount calculated
for such services under this subsection for the preceding
fiscal year--
``(A) increased by the percentage increase in the
MEI (as defined in section 1842(i)(3)) applicable to
primary care services (as defined in section
1842(i)(4)) for that fiscal year; and
``(B) adjusted to take into account any increase in
the scope of such services furnished by the center or
clinic during that fiscal year.
``(4) Establishment of initial year payment amount for new
centers or clinics.--In any case in which an entity first
qualifies as a Federally-qualified health center or rural
health clinic after fiscal year 1999, the State plan shall
provide for payment for services described in section
1905(a)(2)(C) furnished by the center or services described in
section 1905(a)(2)(B) furnished by the clinic in the first
fiscal year in which the center or clinic so qualifies in an
amount (calculated on a per visit basis) that is equal to 100
percent of the costs of furnishing such services during such
fiscal year in accordance with the regulations and methodology
referred to in paragraph (2). For each fiscal year following
the fiscal year in which the entity first qualifies as a
Federally-qualified health center or rural health clinic, the
State plan shall provide for the payment amount to be
calculated in accordance with paragraph (3).
``(5) Administration in the case of managed care.--In the
case of services furnished by a Federally-qualified health
center or rural health clinic pursuant to a contract between
the center or clinic and a managed care entity (as defined in
section 1932(a)(1)(B)), the State plan shall provide for
payment to the center or clinic (at least quarterly) by the
State of a supplemental payment equal to the amount (if any) by
which the amount determined under paragraphs (2), (3), and (4)
of this subsection exceeds the amount of the payments provided
under the contract.
``(6) Alternative payment methodologies.--Notwithstanding
any other provision of this section, the State plan may provide
for payment in any fiscal year to a Federally-qualified health
center for services described in section 1905(a)(2)(C) or to a
rural health clinic for services described in section
1905(a)(2)(B) in an amount which is determined under an
alternative payment methodology that--
``(A) is agreed to by the State and the center or
clinic; and
``(B) results in payment to the center or clinic of
an amount which is at least equal to the amount
otherwise required to be paid to the center or clinic
under this section.''.
(c) Conforming Amendments.--
(1) Section 4712 of the Balanced Budget Act of 1997 (Public
Law 105-33; 111 Stat. 508) is amended by striking subsection
(c).
(2) Section 1915(b) of the Social Security Act (42 U.S.C.
1396n(b)) is amended by striking ``1902(a)(13)(E)'' and
inserting ``1902(a)(15), 1902(aa),''.
(d) Effective Date.--The amendments made by this section take
effect on October 1, 1999, and apply to services furnished on or after
such date. | Safety Net Preservation Act of 1999 - Amends title XIX (Medicaid) of the Social Security Act to establish a new prospective payment system for federally-qualified health centers and rural health clinics. | {"src": "billsum_train", "title": "Safety Net Preservation Act of 1999"} | 1,336 | 47 | 0.482788 | 1.083059 | 0.425579 | 5.111111 | 32.833333 | 0.888889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Expanding the Availability of
Medicare Data Act''.
SEC. 2. EXPANDING AVAILABILITY OF MEDICARE DATA.
(a) Expanding Uses of Medicare Data by Qualified Entities.--
(1) Additional analyses.--
(A) In general.--Subject to subparagraph (B), to
the extent consistent with applicable information,
privacy, security, and disclosure laws (including
paragraph (3)), notwithstanding paragraph (4)(B) of
section 1874(e) of the Social Security Act (42 U.S.C.
1395kk(e)) and the second sentence of paragraph (4)(D)
of such section, beginning July 1, 2015, a qualified
entity may use the combined data described in paragraph
(4)(B)(iii) of such section received by such entity
under such section, and information derived from the
evaluation described in such paragraph (4)(D), to
conduct additional non-public analyses (as determined
appropriate by the Secretary) and provide or sell such
analyses to authorized users for non-public use
(including for the purposes of assisting providers of
services and suppliers to develop and participate in
quality and patient care improvement activities,
including developing new models of care).
(B) Limitations with respect to analyses.--
(i) Employers.--Any analyses provided or
sold under subparagraph (A) to an employer
described in paragraph (9)(A)(iii) may only be
used by such employer for purposes of providing
health insurance to employees and retirees of
the employer.
(ii) Health insurance issuers.--A qualified
entity may not provide or sell an analysis to a
health insurance issuer described in paragraph
(9)(A)(iv) unless the issuer is providing the
qualified entity with data under section
1874(e)(4)(B)(iii) of the Social Security Act
(42 U.S.C. 1395kk(e)(4)(B)(iii)).
(2) Access to certain data.--
(A) Access.--To the extent consistent with
applicable information, privacy, security, and
disclosure laws (including paragraph (3)),
notwithstanding paragraph (4)(B) of section 1874(e) of
the Social Security Act (42 U.S.C. 1395kk(e)) and the
second sentence of paragraph (4)(D) of such section,
beginning July 1, 2015, a qualified entity may--
(i) provide or sell the combined data
described in paragraph (4)(B)(iii) of such
section to authorized users described in
clauses (i), (ii), and (v) of paragraph (9)(A)
for non-public use, including for the purposes
described in subparagraph (B); or
(ii) subject to subparagraph (C), provide
Medicare claims data to authorized users
described in clauses (i), (ii), and (v), of
paragraph (9)(A) for non-public use, including
for the purposes described in subparagraph (B).
(B) Purposes described.--The purposes described in
this subparagraph are assisting providers of services
and suppliers in developing and participating in
quality and patient care improvement activities,
including developing new models of care.
(C) Medicare claims data must be provided at no
cost.--A qualified entity may not charge a fee for
providing the data under subparagraph (A)(ii).
(3) Protection of information.--
(A) In general.--Except as provided in subparagraph
(B), an analysis or data that is provided or sold under
paragraph (1) or (2) shall not contain information that
individually identifies a patient.
(B) Information on patients of the provider of
services or supplier.--To the extent consistent with
applicable information, privacy, security, and
disclosure laws, an analysis or data that is provided
or sold to a provider of services or supplier under
paragraph (1) or (2) may contain information that
individually identifies a patient of such provider or
supplier, including with respect to items and services
furnished to the patient by other providers of services
or suppliers.
(C) Prohibition on using analyses or data for
marketing purposes.--An authorized user shall not use
an analysis or data provided or sold under paragraph
(1) or (2) for marketing purposes.
(4) Data use agreement.--A qualified entity and an
authorized user described in clauses (i), (ii), and (v) of
paragraph (9)(A) shall enter into an agreement regarding the
use of any data that the qualified entity is providing or
selling to the authorized user under paragraph (2). Such
agreement shall describe the requirements for privacy and
security of the data and, as determined appropriate by the
Secretary, any prohibitions on using such data to link to other
individually identifiable sources of information. If the
authorized user is not a covered entity under the rules
promulgated pursuant to the Health Insurance Portability and
Accountability Act of 1996, the agreement shall identify the
relevant regulations, as determined by the Secretary, that the
user shall comply with as if it were acting in the capacity of
such a covered entity.
(5) No redisclosure of analyses or data.--
(A) In general.--Except as provided in subparagraph
(B), an authorized user that is provided or sold an
analysis or data under paragraph (1) or (2) shall not
redisclose or make public such analysis or data or any
analysis using such data.
(B) Permitted redisclosure.--A provider of services
or supplier that is provided or sold an analysis or
data under paragraph (1) or (2) may, as determined by
the Secretary, redisclose such analysis or data for the
purposes of performance improvement and care
coordination activities but shall not make public such
analysis or data or any analysis using such data.
(6) Opportunity for providers of services and suppliers to
review.--Prior to a qualified entity providing or selling an
analysis to an authorized user under paragraph (1), to the
extent that such analysis would individually identify a
provider of services or supplier who is not being provided or
sold such analysis, such qualified entity shall provide such
provider or supplier with the opportunity to appeal and correct
errors in the manner described in section 1874(e)(4)(C)(ii) of
the Social Security Act (42 U.S.C. 1395kk(e)(4)(C)(ii)).
(7) Assessment for a breach.--
(A) In general.--In the case of a breach of a data
use agreement under this section or section 1874(e) of
the Social Security Act (42 U.S.C. 1395kk(e)), the
Secretary shall impose an assessment on the qualified
entity both in the case of--
(i) an agreement between the Secretary and
a qualified entity; and
(ii) an agreement between a qualified
entity and an authorized user.
(B) Assessment.--The assessment under subparagraph
(A) shall be an amount up to $100 for each individual
entitled to, or enrolled for, benefits under part A of
title XVIII of the Social Security Act or enrolled for
benefits under part B of such title--
(i) in the case of an agreement described
in subparagraph (A)(i), for whom the Secretary
provided data on to the qualified entity under
paragraph (2); and
(ii) in the case of an agreement described
in subparagraph (A)(ii), for whom the qualified
entity provided data on to the authorized user
under paragraph (2).
(C) Deposit of amounts collected.--Any amounts
collected pursuant to this paragraph shall be deposited
in Federal Supplementary Medical Insurance Trust Fund
under section 1841 of the Social Security Act (42
U.S.C. 1395t).
(8) Annual reports.--Any qualified entity that provides or
sells an analysis or data under paragraph (1) or (2) shall
annually submit to the Secretary a report that includes--
(A) a summary of the analyses provided or sold,
including the number of such analyses, the number of
purchasers of such analyses, and the total amount of
fees received for such analyses;
(B) a description of the topics and purposes of
such analyses;
(C) information on the entities who received the
data under paragraph (2), the uses of the data, and the
total amount of fees received for providing, selling,
or sharing the data; and
(D) other information determined appropriate by the
Secretary.
(9) Definitions.--In this subsection and subsection (b):
(A) Authorized user.--The term ``authorized user''
means the following:
(i) A provider of services.
(ii) A supplier.
(iii) An employer (as defined in section
3(5) of the Employee Retirement Insurance
Security Act of 1974).
(iv) A health insurance issuer (as defined
in section 2791 of the Public Health Service
Act).
(v) A medical society or hospital
association.
(vi) Any entity not described in clauses
(i) through (v) that is approved by the
Secretary (other than an employer or health
insurance issuer not described in clauses (iii)
and (iv), respectively, as determined by the
Secretary).
(B) Provider of services.--The term ``provider of
services'' has the meaning given such term in section
1861(u) of the Social Security Act (42 U.S.C.
1395x(u)).
(C) Qualified entity.--The term ``qualified
entity'' has the meaning given such term in section
1874(e)(2) of the Social Security Act (42 U.S.C.
1395kk(e)).
(D) Secretary.--The term ``Secretary'' means the
Secretary of Health and Human Services.
(E) Supplier.--The term ``supplier'' has the
meaning given such term in section 1861(d) of the
Social Security Act (42 U.S.C. 1395x(d)).
(b) Access to Medicare Data by Qualified Clinical Data Registries
To Facilitate Quality Improvement.--
(1) Access.--
(A) In general.--To the extent consistent with
applicable information, privacy, security, and
disclosure laws, beginning July 1, 2015, the Secretary
shall, at the request of a qualified clinical data
registry under section 1848(m)(3)(E) of the Social
Security Act (42 U.S.C. 1395w-4(m)(3)(E)), provide the
data described in subparagraph (B) (in a form and
manner determined to be appropriate) to such qualified
clinical data registry for purposes of linking such
data with clinical outcomes data and performing risk-
adjusted, scientifically valid analyses and research to
support quality improvement or patient safety, provided
that any public reporting of such analyses or research
that identifies a provider of services or supplier
shall only be conducted with the opportunity of such
provider or supplier to appeal and correct errors in
the manner described in subsection (a)(6).
(B) Data described.--The data described in this
subparagraph is--
(i) claims data under the Medicare program
under title XVIII of the Social Security Act;
and
(ii) if the Secretary determines
appropriate, claims data under the Medicaid
program under title XIX of such Act and the
State Children's Health Insurance Program under
title XXI of such Act.
(2) Fee.--Data described in paragraph (1)(B) shall be
provided to a qualified clinical data registry under paragraph
(1) at a fee equal to the cost of providing such data. Any fee
collected pursuant to the preceding sentence shall be deposited
in the Centers for Medicare & Medicaid Services Program
Management Account.
(c) Expansion of Data Available to Qualified Entities.--Section
1874(e) of the Social Security Act (42 U.S.C. 1395kk(e)) is amended--
(1) in the subsection heading, by striking ``Medicare'';
and
(2) in paragraph (3)--
(A) by inserting after the first sentence the
following new sentence: ``Beginning July 1, 2015, if
the Secretary determines appropriate, the data
described in this paragraph may also include
standardized extracts (as determined by the Secretary)
of claims data under titles XIX and XXI for assistance
provided under such titles for one or more specified
geographic areas and time periods requested by a
qualified entity.''; and
(B) in the last sentence, by inserting ``or under
titles XIX or XXI'' before the period at the end.
(d) Revision of Placement of Fees.--Section 1874(e)(4)(A) of the
Social Security Act (42 U.S.C. 1395kk(e)(4)(A)) is amended, in the
second sentence--
(1) by inserting ``, for periods prior to July 1, 2015,''
after ``deposited''; and
(2) by inserting the following before the period at the
end: ``, and, beginning July 1, 2015, into the Centers for
Medicare & Medicaid Services Program Management Account''. | Expanding the Availability of Medicare Data Act Expands the kinds of uses of Medicare data available to qualified entities for quality and patient care improvement activities. (A "qualified entity" is a public or private entity that: [1] is qualified to use claims data to evaluate the performance of service providers and suppliers on measures of quality, efficiency, effectiveness, and resource use; and [2] agrees to meet specified requirements, such as ensuring data security.) Authorizes a qualified entity to use claims data combined with non-claims data the entity has received, as well as information derived from evaluation of service provider and supplier performance, to conduct additional non-public analyses and provide or sell them to authorized users for non-public use (including to assist service providers and suppliers to develop and participate in quality and patient care improvement activities, including new models of care). Defines "authorized users" as service providers, suppliers, employers, health insurance issuers, medical societies or hospital associations, or any other entities approved by the Secretary of Health and Human Services. Prohibits a qualified entity from charging a fee to provide Medicare claims data. Requires a qualified entity and an authorized user to enter into a data use agreement, and prohibits the use of data or analyses for marketing purposes or, except in certain circumstances, its redisclosure. Directs the Secretary to provide Medicare data to qualified clinical data registries for purposes of linking it with clinical outcomes data and performing risk-adjusted, scientifically valid analyses and research to support quality improvement or patient safety. Requires charging a fee to a registry for such data. Amends title XVIII (Medicare) of the Social Security Act (SSAct) to include among standardized extracts of Medicare claims data that may be made available to qualified entities, if the Secretary determines appropriate, also claims data under SSAct titles XIX (Medicaid) and XXI (State Children's Health Insurance) (CHIP). Requires any fees charged for making standardized extracts available to qualified entities to be deposited into the Centers for Medicare & Medicaid Services Program Management Account (currently, into the Federal Supplementary Medical Insurance Trust Fund). | {"src": "billsum_train", "title": "Expanding the Availability of Medicare Data Act"} | 2,864 | 484 | 0.525185 | 1.715988 | 0.76526 | 2.768856 | 6.245742 | 0.875912 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Discovery Trails Act of
1996''.
SEC. 2. PURPOSE.
Section 2(b) of the National Trails System Act (16 U.S.C. 1241(b))
is amended by striking ``recreation, scenic and historic'' and
inserting ``recreation, scenic, historic, and discovery''.
SEC. 3. AUTHORIZATION OF NATIONAL DISCOVERY TRAILS.
Section 3(a) of the National Trails System Act (16 U.S.C. 1242(a))
is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following:
``(4) National discovery trails, established by section
5(a), which shall--
``(A) be extended, continuous, interstate trails;
``(B) be located so as to--
``(i) provide for outstanding outdoor
recreation and travel; and
``(ii) represent metropolitan, urban,
rural, and back-country regions of the United
States;
``(C) connect representative examples of United
States trails and communities; and
``(D) provide for the conservation and enjoyment of
significant natural, cultural, and historic resources
associated with each trail corridor.''.
SEC. 4. DESIGNATION OF THE AMERICAN DISCOVERY TRAIL AS A NATIONAL
DISCOVERY TRAIL.
(a) Description.--Section 5(a) of the National Trails System Act
(16 U.S.C. 1244(a)) is amended by adding at the end the following:
``(20) The American Discovery Trail, a trail of approximately 6,000
miles extending from Cape Henlopen State Park in Delaware to Point
Reyes National Seashore in California, traveling through Delaware,
Maryland, the District of Columbia, West Virginia, Kentucky, and Ohio,
near Cincinnati splitting into the Northern Midwest route through Ohio,
Indiana, Illinois, Iowa, Nebraska, and Colorado and the Southern
Midwest route through Indiana, Illinois, Missouri, Kansas, and
Colorado, rejoining in Denver, and continuing through Colorado, Utah,
Nevada, and California. The trail is generally described in volume 2 of
the National Park Service feasibility study dated June 1995, which
shall be on file and available for public inspection in the office of
the Director of the National Park Service. The trail shall be
administered by the Secretary of the Interior in cooperation with a
nonprofit organization and other affected land managing agencies. The
trail shall not be subject to section 5(d), 7(a)(2), 7(e), or 7(f).''.
(b) Plan for New National Discovery Trails.--Section 5(e) of the
National Trails System Act (16 U.S.C. 1244(e)) is amended by striking
``Continental Divide'' and all that follows through ``as part of the
system'' and inserting ``Continental Divide National Scenic Trail or
the North Country National Scenic Trail, or a national discovery trail,
except for the American Discovery Trail, as part of the system''.
(c) Plan for the American Discovery Trail.--Section 5 of the
National Trails System Act (16 U.S.C. 1244) is amended by adding at the
end the following:
``(g) Plan for the American Discovery Trail.--Not later than 3 full
fiscal years after the date of enactment of this subsection, the
responsible nonprofit organization for the American Discovery Trail
established by subsection (a)(20) shall, after consultation with the
Secretary of the Interior, other affected land managing agencies, the
Governors of affected States, county and local political jurisdictions,
and local organizations maintaining component trails, submit to the
Committee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate, a
comprehensive plan for the protection, management, development, and use
of the trail, not to conflict with any agency direction, including--
``(1) specific objectives and practices to be observed in
the administration and management of the trail, including--
``(A) the identification of all significant
natural, historical, and cultural resources to be
preserved;
``(B) model agreements necessary for joint trail
administration among interested parties;
``(C) an identified carrying capacity of the trail;
and
``(D) an implementation plan;
``(2) a 10-year trail corridor protection plan to preserve
the values for which the trail was established and recognized
by the United States;
``(3) general and site-specific development plans,
including anticipated costs; and
``(4) the process to be followed by the nonprofit
organization in partnership with the Secretary of the Interior
to implement the trail markers described in section 7(c) to
conform to approved trail logo or emblem requirements.''.
SEC. 5. ADMINISTRATION.
Section 7 of the National Trails System Act (16 U.S.C. 1246) is
amended by adding at the end the following:
``(l) National Discovery Trails.--The Secretary charged with the
overall administration of a trail under section 5(a) shall administer a
national discovery trail in cooperation with a nonprofit
organization.''.
SEC. 6. CONFORMING AMENDMENTS.
(a) Section 5 of the National Trails System Act (16 U.S.C. 1244) is
amended--
(1) in the section heading, by striking ``and national
historical'' and inserting ``, national historic, and national
discovery''; and
(2) in the second sentence of subsection (a), by striking
``National Scenic and National Historic Trails'' and inserting
``national scenic, national historic, and national discovery
trails''.
(b) The National Trails System Act (16 U.S.C. 1241 et seq.) is
amended--
(1) by striking ``scenic and national historic'' each place
it appears and inserting ``scenic, national historic, and
national discovery'';
(2) by striking ``scenic or national historic'' each place
it appears and inserting ``scenic, national historic, or
national discovery''; and
(3) by striking ``scenic, or national historic'' each place
it appears and inserting ``scenic, national historic, or
national discovery''. | National Discovery Trails Act of 1996 - Amends the National Trails System Act to provide that national discovery trails established under the Act shall be components of the National Trails System. Provides that such trails shall be extended, continuous interstate trails located so as to provide for outdoor recreation and travel and to connect representative examples of America's trails and communities.
Designates the 6,000-mile American Discovery Trail (established by this Act) as a national discovery trail. Provides that the Trail shall extend from Cape Henlopen State Park in Delaware to Point Reyes National Seashore in California, traveling northern and southern routes from Cincinnati, Ohio, to Denver, Colorado. Exempts the Trail from comprehensive national scenic trail plan requirements under the Act, but requires the responsible nonprofit organization for the Trail to consult certain entities and submit to specified congressional committees, within three fiscal years after this Act's enactment, a comprehensive plan for the protection, management, development, and use of the Trail.
Provides that the Secretary charged with the overall administration of National Scenic and National Historic Trails shall administer a National Discovery Trail in cooperation with a nonprofit organization. | {"src": "billsum_train", "title": "National Discovery Trails Act of 1996"} | 1,387 | 244 | 0.691246 | 2.079565 | 0.834832 | 3.393519 | 5.912037 | 0.875 |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Leadership Invests
in the Future Through Helping Individuals Gain Higher Education and
Retraining Act of 2012'' or as the ``LIFT HIGHER Act of 2012''.
(b) Findings.--Congress finds the following:
(1) The median student loan debt for students who graduated
from college between 2006 and 2010 is $20,000.
(2) Application fees for individual schools range from $40
to $140. The cost of taking the Graduate Record Exam once is
$150. Law school admission test preparation courses cost
upwards of $1,500. These costs make it difficult for many
students to apply to graduate school and discourage others from
doing so.
(3) The percentage of Americans with graduate degrees is
continuing to rise, with 10.9% of the population having
graduate degrees as of 2011.
(4) Persons with advanced degrees earn on average $3.2
million in their lifetime compared to those holding a bachelors
degree who earn about $2.27 million.
(5) It is in the national interest to have highly educated
citizenry.
(6) University education is the best and most effective way
to obtain professional training and skills.
SEC. 2. REFUNDABLE TAX CREDIT FOR GRADUATE SCHOOL APPLICATION EXPENSES.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 36B the following new section:
``SEC. 36C. CREDIT FOR GRADUATE SCHOOL APPLICATION EXPENSES.
``(a) Allowance of Credit.--In the case of a specified graduate
school applicant, there shall be allowed as a credit against the tax
imposed by this subtitle for such taxable year an amount equal to the
qualified graduate school application expenses paid or incurred by such
applicant during such taxable year.
``(b) Limitations.--
``(1) Dollar limitation.--The amount allowable as a credit
under subsection (a) with respect to any individual for any
taxable year shall not exceed the excess of $500 over the
aggregate amount of the credits allowable under subsection (a)
with respect to such individual for all prior taxable years.
``(2) Limitation based on modified adjusted gross income.--
``(A) In general.--The amount allowable as a credit
under subsection (a) (determined without regard to this
paragraph and after the application of paragraph (1))
for the taxable year shall be reduced (but not below
zero) by the amount which bears the same ratio to the
amount which is so allowable as--
``(i) the excess (if any) of--
``(I) the taxpayer's modified
adjusted gross income for such taxable
year, over
``(II) $60,000 ($120,000 in the
case of a joint return), bears to
``(ii) $5,000.
``(B) Modified adjusted gross income.--For purposes
of subparagraph (A), 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.
``(c) Specified Graduate School Applicant.--For purposes of this
section, the term `specified graduate school applicant' means any
individual who applies to an eligible educational institution (as
defined in section 25A(f)(2)) for acceptance into a program of
postbaccalaureate study leading to a graduate degree from such
institution.
``(d) Qualified Graduate School Application Expenses.--For purposes
of this section, the term `qualified graduate school application
expenses' means amounts paid or incurred--
``(1) as an application fee with respect to applying for
the program of study referred to in subsection (c),
``(2) as a fee for taking any test which is required in
connection with applying for such program of study,
``(3) for study and preparation materials (whether printed
or electronic) for any test referred to in paragraph (2), or
``(4) for tutorial and preparation services for any test
referred to in paragraph (2) if such services are provided by a
person approved or licensed under State law to provide such
services.
``(e) Credit Not Allowed to Individuals Who Can Be Claimed as
Dependents.--No credit shall be allowable under subsection (a) with
respect to any individual with respect to whom a deduction under
section 151 is allowable to another taxpayer for a taxable year
beginning in the calendar year in which the taxable year referred to in
subsection (a) begins.''.
(b) Conforming Amendments.--
(1) Subparagraph (A) of section 6211(b)(4) of such Code is
amended by inserting ``36C,'' after ``36B,''.
(2) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting ``36C,'' after ``36B,''.
(c) Clerical Amendment.--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. Credit for graduate school application expenses.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Leadership Invests in the Future Through Helping Individuals Gain Higher Education and Retraining Act of 2012 or the LIFT HIGHER Act of 2012 - Amends the Internal Revenue Code to allow applicants to a graduate school program an income-based refundable tax credit for expenses in connection with a graduate school program application, including application fees, fees for taking any required test, and amounts paid for study and preparation materials or for tutorial and preparation services for any test required by a graduate program. Limits the amount of such credit in any taxable year to $500 over the aggregate amount of credits allowable for all prior taxable years.
- | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide a refundable tax credit for certain expenses of applying to graduate school."} | 1,238 | 135 | 0.57349 | 1.886771 | 0.649462 | 3.461538 | 9.57265 | 0.931624 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fern Lake Conservation and
Recreation Act of 2001''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) Fern Lake and its surrounding watershed in Bell County,
Kentucky, and Claiborne County, Tennessee, is within the
potential boundaries of Cumberland Gap National Historical Park
as originally authorized by the Act of June 11, 1940 (54 Stat.
262; 16 U.S.C. 261 et seq.).
(2) The acquisition of Fern Lake and its surrounding
watershed and its inclusion in Cumberland Gap National
Historical Park would protect the vista from Pinnacle Overlook,
which is one of the park's most valuable scenic resources and
most popular attractions, and enhance recreational
opportunities at the park.
(3) Fern Lake is the water supply source for the city of
Middlesboro, Kentucky, and environs.
(4) The 4500-acre Fern Lake watershed is privately owned,
and the 150-acre lake and part of the watershed are currently
for sale, but the Secretary of the Interior is precluded by the
first section of the Act of June 11, 1940 (16 U.S.C. 261), from
using appropriated funds to acquire the lands.
(b) Purposes.--The purposes of the Act are--
(1) to authorize the Secretary of the Interior to use
appropriated funds if necessary, in addition to other
acquisition methods, to acquire from willing sellers Fern Lake
and its surrounding watershed, in order to protect scenic and
natural resources and enhance recreational opportunities at
Cumberland Gap National Historical Park; and
(2) to allow the continued supply of water from Fern Lake
to the city of Middlesboro, Kentucky, and environs.
SEC. 3. LAND ACQUISITION, FERN LAKE, CUMBERLAND GAP NATIONAL HISTORICAL
PARK.
(a) Definitions.--In this section:
(1) Fern lake.--The term ``Fern Lake'' means Fern Lake
located in Bell County, Kentucky, and Claiborne County,
Tennessee.
(2) Land.--The term ``land'' means land, water, interests
in land, and any improvements on the land.
(3) Park.--The term ``park'' means Cumberland Gap National
Historical Park, as authorized and established by the Act of
June 11, 1940 (54 Stat. 262; 16 U.S.C. 261 et seq.).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the National
Park Service.
(b) Acquisition Authorized.--The Secretary may acquire for addition
to the park lands consisting of approximately 4,500 acres and
containing Fern Lake and its surrounding watershed, as generally
depicted on the map entitled ``Cumberland Gap National Historical Park,
Fern Lake Watershed'', numbered 380/80,004, and dated May 2001. The map
shall be on file in the appropriate offices of the National Park
Service.
(c) Authorized Acquisition Methods.--
(1) In general.--Notwithstanding the Act of June 11, 1940
(16 U.S.C. 261 et seq.), the Secretary may acquire lands
described in subsection (b) by donation, purchase with donated
or appropriated funds, or exchange. However, the lands may be
acquired only with the consent of the owner.
(2) Easements.--At the discretion of the Secretary, the
Secretary may acquire land described in subsection (b) that is
subject to an easement for water supply facilities and
equipment associated with the withdrawal and delivery of water
by a utility from Fern Lake to the city of Middlesboro,
Kentucky, and environs.
(d) Boundary Adjustment and Administration.--Upon the acquisition
of land under this section, the Secretary shall revise the boundaries
of the park to include the land in the park. Subject to subsection (e),
the Secretary shall administer the acquired lands as part of the park
in accordance with the laws and regulations applicable to the park.
(e) Special Issues Related to Fern Lake.--
(1) Protection of water supply.--The Secretary shall manage
public recreational use of Fern Lake, if acquired by the
Secretary, in a manner that is consistent with the protection
of the lake as a source of untreated water for the city of
Middlesboro, Kentucky, and environs.
(2) Sale of water.--
(A) Contract with utility.--Upon the Secretary's
acquisition of land that includes Fern Lake, the
Secretary shall enter into a contract to sell untreated
water from the lake to a utility that delivers and
distributes water to the city of Middlesboro, Kentucky,
and environs. The Secretary shall ensure that the terms
and conditions of the contract are equitable, ensuring
a balance between the protection of park resources and
the delivery and distribution of sufficient water to
continue meeting the water demands of the city of
Middlesboro, Kentucky, and environs.
(B) Proceeds from water.--The Secretary shall
negotiate a reasonable return to the United States for
the sale of the water, which the Secretary may receive
in the form of reduced charges for water service.
Proceeds from the sale of the water, reduced by any
offsets for water service to the park, shall be
available for expenditure by the Secretary at the park
without further appropriation.
(f) Consultation Requirements.--In order to better manage Fern Lake
and its surrounding watershed, if acquired by the Secretary, in a
manner that will facilitate the provision of water for municipal needs
as well as the establishment and promotion of new recreational
opportunities made possible by the addition of Fern Lake to the park,
the Secretary shall consult with--
(1) appropriate officials in the States of Kentucky,
Tennessee, and Virginia, and political subdivisions of these
States;
(2) organizations involved in promoting tourism in these
States; and
(3) other interested parties.
Passed the House of Representatives December 5, 2001.
Attest:
JEFF TRANDAHL,
Clerk. | Fern Lake Conservation and Recreation Act of 2001 - Authorizes the Secretary of the Interior, acting through the Director of the National Park Service, to acquire by donation, purchase, or exchange (but only from a willing seller), specified lands which contain Fern Lake and its surrounding watershed located in Bell County, Kentucky, and Claiborne County, Tennessee. Authorizes the Secretary to acquire any such land subject to an easement for water supply facilities and equipment associated with the withdrawal and delivery of water by a utility from Fern Lake to Middlesboro, Kentucky, and environs.Directs the Secretary to: (1) revise the boundaries of the Cumberland Gap National Historical Park to include such acquired land; (2) protect the lake as a source of untreated water; (3) contract to sell the untreated water to a utility that delivers water to Middlesboro, Kentucky, and environs; and (4) use water sale proceeds (after reductions for park water service offsets) for expenditure at the park, without further appropriation. Requires the utility contract to ensure an equitable balance between protecting the park and providing sufficient water.Requires the Secretary to consult with the appropriate State (Kentucky, Tennessee, and Virginia) officials and tourism organizations. | {"src": "billsum_train", "title": "To authorize the Secretary of the Interior to acquire Fern Lake and the surrounding watershed in the States of Kentucky and Tennessee for addition to Cumberland Gap National Historical Park, and for other purposes."} | 1,326 | 268 | 0.683147 | 2.264534 | 0.780569 | 3.978632 | 5.132479 | 0.935897 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Partial-Birth Abortion Ban Act of
1999''.
SEC. 2. PROHIBITION ON PARTIAL-BIRTH ABORTIONS.
(a) In General.--Title 18, United States Code, is amended by
inserting after chapter 73 the following:
``CHAPTER 74--PARTIAL-BIRTH ABORTIONS
``Sec.
``1531. Partial-birth abortions prohibited.
``Sec. 1531. Partial-birth abortions prohibited
``(a) Any physician who, in or affecting interstate or foreign
commerce, knowingly performs a partial-birth abortion and thereby kills
a human fetus shall be fined under this title or imprisoned not more
than two years, or both. This paragraph shall not apply to a partial-
birth abortion that is necessary to save the life of a mother whose
life is endangered by a physical disorder, illness, or injury. This
paragraph shall become effective one day after enactment.
``(b)(1) As used in this section, the term `partial-birth abortion'
means an abortion in which the person performing the abortion
deliberately and intentionally--
``(A) vaginally delivers some portion of an intact living
fetus until the fetus is partially outside the body of the
mother, for the purpose of performing an overt act that the
person knows will kill the fetus while the fetus is partially
outside the body of the mother; and
``(B) performs the overt act that kills the fetus while the
intact living fetus is partially outside the body of the
mother.
``(2) As used in this section, the term `physician' means a doctor
of medicine or osteopathy legally authorized to practice medicine and
surgery by the State in which the doctor performs such activity, or any
other individual legally authorized by the State to perform abortions:
Provided, however, That any individual who is not a physician or not
otherwise legally authorized by the State to perform abortions, but who
nevertheless directly performs a partial-birth abortion, shall be
subject to the provisions of this section.
``(c)(1) The father, if married to the mother at the time she
receives a partial-birth abortion procedure, and if the mother has not
attained the age of 18 years at the time of the abortion, the maternal
grandparents of the fetus, may in a civil action obtain appropriate
relief, unless the pregnancy resulted from the plaintiff's criminal
conduct or the plaintiff consented to the abortion.
``(2) Such relief shall include--
``(A) money damages for all injuries, psychological and
physical, occasioned by the violation of this section; and
``(B) statutory damages equal to three times the cost of
the partial-birth abortion.
``(d)(1) A defendant accused of an offense under this section may
seek a hearing before the State Medical Board on whether the
physician's conduct was necessary to save the life of the mother whose
life was endangered by a physical disorder, illness or injury.
``(2) The findings on that issue are admissible on that issue at
the trial of the defendant. Upon a motion of the defendant, the court
shall delay the beginning of the trial for not more than 30 days to
permit such a hearing to take place.
``(e) A woman upon whom a partial-birth abortion is performed may
not be prosecuted under this section, for a conspiracy to violate this
section, or for an offense under section 2, 3, or 4 of this title based
on a violation of this section.''.
(b) Clerical Amendment.--The table of chapters for part I of title
18, United States Code, is amended by inserting after the item relating
to chapter 73 the following new item:
``74. Partial-birth abortions............................... 1531''.
SEC. 3. SENSE OF CONGRESS CONCERNING ROE V. WADE AND PARTIAL BIRTH
ABORTION BANS.
(a) Findings.--Congress finds that--
(1) abortion has been a legal and constitutionally
protected medical procedure throughout the United States since
the Supreme Court decision in Roe v. Wade (410 U.S. 113
(1973)); and
(2) no partial birth abortion ban shall apply to a partial-
birth abortion that is necessary to save the life of a mother
whose life is endangered by a physical disorder, illness, or
injury.
(b) Sense of Congress.--It is the sense of the Congress that
partial birth abortions are horrific and gruesome procedures that
should be banned.
SEC. 4. SENSE OF CONGRESS CONCERNING A WOMAN'S LIFE AND HEALTH.
It is the sense of the Congress that, consistent with the rulings
of the Supreme Court, a woman's life and health must always be
protected in any reproductive health legislation passed by Congress.
SEC. 5. SENSE OF CONGRESS CONCERNING ROE V. WADE.
(a) Findings.--Congress finds that--
(1) reproductive rights are central to the ability of women
to exercise their full rights under Federal and State law;
(2) abortion has been a legal and constitutionally
protected medical procedure throughout the United States since
the Supreme Court decision in Roe v. Wade (410 U.S. 113
(1973));
(3) the 1973 Supreme Court decision in Roe v. Wade
established constitutionally based limits on the power of
States to restrict the right of a woman to choose to terminate
a pregnancy; and
(4) women should not be forced into illegal and dangerous
abortions as they often were prior to the Roe v. Wade decision.
(b) Sense of Congress.--It is the sense of the Congress that--
(1) Roe v. Wade was an appropriate decision and secures an
important constitutional right; and
(2) such decision should not be overturned.
Passed the Senate October 21, 1999.
Attest:
Secretary.
106th CONGRESS
1st Session
S. 1692
_______________________________________________________________________
AN ACT
To amend title 18, United States Code, to ban partial-birth abortions. | Defines a "partial birth abortion" as an abortion in which the person performing the abortion deliberately and intentionally: (1) vaginally delivers some portion of an intact living fetus until the fetus is partially outside the body of the mother, for the purpose of performing an overt act that the person knows will kill the fetus while the fetus is partially outside the mother's body; and (2) performs the overt act that kills the fetus while the intact living fetus is partially outside the mother's body.
Authorizes the father, if married to the mother at the time of the abortion, and the maternal grandparents of the fetus, if the mother is under 18 years of age, to obtain specified relief in a civil action, unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion.
Authorizes a defendant accused of an offense under this Act to seek a hearing before the State Medical Board on whether the physician's conduct was necessary to save the life of the mother.
Prohibits the prosecution of a woman upon whom a partial-birth abortion is performed for conspiracy to violate this Act or under provisions regarding punishment as a principal or an accessory or for concealment of a felony. | {"src": "billsum_train", "title": "Partial-Birth Abortion Ban Act of 2000"} | 1,419 | 294 | 0.719232 | 1.94745 | 0.648106 | 6.723404 | 5.544681 | 0.93617 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Food Allergy and Anaphylaxis
Management Act of 2005''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Food allergy is an increasing food safety and public
health concern in the United States, especially among children.
(2) Peanut allergy doubled among children from 1997 to
2002.
(3) In a 2003 survey of 400 elementary school nurses, 37
percent reported having at least 10 students with severe food
allergies; 62 percent reported having at least 5.
(4) Forty-four percent of the elementary school nurses
surveyed reported that the number of children in their school
with food allergy had increased over the past 5 years; only 2
percent reported a decrease.
(5) In a 2001 study of 32 fatal food-allergy induced
anaphylactic reactions (the largest study of its kind to date),
more than half (53 percent) of the individuals were aged 18 or
younger.
(6) Eight foods account for 90 percent of all food-allergic
reactions: milk, eggs, fish, shellfish, tree nuts, peanuts,
wheat, and soy.
(7) Currently, there is no cure for food allergies; strict
avoidance of the offending food is the only way to prevent a
reaction.
(8) Anaphylaxis, or anaphylactic shock, is a systemic
allergic reaction that can kill within minutes.
(9) Food-allergic reactions are the leading cause of
anaphylaxis outside the hospital setting, accounting for an
estimated 30,000 emergency room visits, 2,000 hospitalizations,
and 150 to 200 deaths each year in the United States.
(10) Fatalities from anaphylaxis are associated with a
delay in the administration of epinephrine (adrenaline), or
when epinephrine was not administered at all. In a study of 13
food allergy-induced anaphylactic reactions in school-age
children (6 fatal and 7 near fatal), only 2 of the children who
died received epinephrine within 1 hour of ingesting the
allergen, and all but one of the children who survived received
epinephrine within 30 minutes.
(11) The importance of managing life-threatening food
allergies in the school setting has been recognized by the
American Medical Association, the American Academy of
Pediatrics, the American Academy of Allergy, Asthma and
Immunology, and the American College of Allergy, Asthma and
Immunology.
(12) There are no Federal guidelines concerning the
management of life-threatening food allergies in the school
setting.
(13) Three-quarters of the elementary school nurses
surveyed reported developing their own training guidelines.
(14) Relatively few schools actually employ a full-time
school nurse. Many are forced to cover more than one school,
and are often in charge of hundreds if not thousands of
children.
(15) Parents of children with severe food allergies often
face entirely different food allergy management approaches when
their children change schools or school districts.
(16) In a study of food allergy reactions in schools and
day-care settings, delays in treatment were attributed to a
failure to follow emergency plans, calling parents instead of
administering emergency medications, and an inability to
administer epinephrine.
SEC. 3. ESTABLISHMENT OF FOOD ALLERGY AND ANAPHYLAXIS MANAGEMENT
POLICY.
(a) Establishment.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Health and Human Services
shall--
(1) develop a policy to be used on a voluntary basis to
manage the risk of food allergy and anaphylaxis in schools; and
(2) make such policy available to local educational
agencies and other interested individuals and entities.
(b) Contents.--The policy developed by the Secretary under
subsection (a) shall address each of the following:
(1) Parental obligation to provide the school, prior to the
start of every school year, with documentation from the
student's physician or nurse--
(A) supporting a diagnosis of food allergy and
anaphylaxis;
(B) identifying any food to which the student is
allergic;
(C) describing, if appropriate, any prior history
of anaphylaxis;
(D) listing any medication prescribed for the child
for the treatment of anaphylaxis;
(E) detailing emergency treatment procedures in the
event of a reaction;
(F) listing the signs and symptoms of a reaction;
(G) assessing the student's readiness for self-
administration of prescription medication; and
(H) providing a list of substitute meals that may
be offered by school food service personnel.
(2) The maintenance of a file by the school nurse or
principal for each student at risk for anaphylaxis.
(3) Communication strategies between individual schools and
local providers of emergency medical services, including
appropriate instructions for emergency medical response.
(4) Strategies to reduce the risk of exposure to
anaphylactic causative agents in classrooms and common school
areas such as the cafeteria.
(5) The dissemination of information on life-threatening
food allergies to school staff, parents, and students, if
appropriate by law.
(6) Food allergy management training of school personnel
who regularly come into contact with students with life-
threatening food allergies.
(7) The authorization of school personnel to administer
epinephrine when the school nurse is not immediately available.
(8) The timely accessibility of epinephrine by school
personnel when the nurse is not immediately available.
(9) Extracurricular programs such as non-academic outings
and field trips, before- and after-school programs, and school-
sponsored programs held on weekends.
(10) The creation of an individual health care plan
tailored to the needs of each individual child at risk for
anaphylaxis, including any procedures for the self-
administration of medication by such children in instances
where--
(A) the children are capable of self-administering
medication; and
(B) such administration is not prohibited by State
law.
(11) The collection and publication of data for each
administration of epinephrine to a student at risk for
anaphylaxis.
(c) Relation to State Law.--Nothing in this Act or the policy
developed by the Secretary under subsection (a) shall be construed to
preempt State law, including any State law regarding whether students
at risk for anaphylaxis may self-administer medication.
(d) Definitions.--In this Act:
(1) The term ``school'' includes kindergartens, elementary
schools, and secondary schools.
(2) The term ``Secretary'' means the Secretary of Health
and Human Services. | Food Allergy and Anaphylaxis Management Act of 2005 - Requires the Secretary of Health and Human Services to develop and make available to local educational agencies a voluntary policy to manage the risk of food allergy and anaphylaxis in schools. Directs that such policy address: (1) a parental obligation to provide the school with information regarding a student's food allergy and anaphylaxis; (2) communication strategies between schools and emergency medical services; (3) strategies to reduce the risk of exposure in classrooms and common areas; (4) food allergy management training of school personnel; (5) authorization of school personnel to administer epinephrine when the school nurse is not immediately available; and (6) creation of an individual health care plan tailored to each child's risk for anaphylaxis. | {"src": "billsum_train", "title": "To direct the Secretary of Health and Human Services to develop a policy for managing the risk of food allergy and anaphylaxis in schools."} | 1,466 | 177 | 0.541704 | 1.556077 | 0.507825 | 4.589041 | 9.253425 | 0.986301 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Interstate Transportation of
Municipal Waste Act of 1993''.
SEC. 2. INTERSTATE TRANSPORTATION OF MUNICIPAL WASTE.
Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.)
is amended by adding at the end the following new section:
``interstate transportation of municipal waste
``Sec. 4011. (a) Authority to Restrict Out-of-State Municipal
Waste.--(1)(A) Except as provided in subsection (b), if requested in
writing by both an affected local government and an affected local
solid waste planning unit, if the local solid waste planning unit
exists under State law, a Governor may prohibit the disposal of out-of-
State municipal waste in any landfill or incinerator that is subject to
the jurisdiction of the Governor or the affected local government.
``(B) Prior to submitting a request under this section, the
affected local government and solid waste planning unit shall--
``(i) provide notice and opportunity for public comment
concerning any proposed request; and
``(ii) following notice and comment, take formal action on
any proposed request at a public meeting.
``(2) Beginning with calendar year 1993, a Governor of a State may,
with respect to landfills covered by the exceptions provided in
subsection (b)--
``(A) notwithstanding the absence of a request in writing
by the affected local government and the affected local solid
waste planning unit, if any,--
``(i) limit the quantity of out-of-State municipal
waste received for disposal at each landfill in the
State to an annual quantity equal to the quantity of
out-of-State municipal waste received for disposal at
the landfill during the calendar year 1991 or 1992,
whichever is less; and
``(ii) limit the disposal of out-of-State municipal
waste at landfills that received, during calendar year
1991, documented shipments of more than 50,000 tons of
out-of-State municipal waste representing more than 30
percent of all municipal waste received at the landfill
during the calendar year, by prohibiting at each such
landfill the disposal, in any year, of a quantity of
out-of-State municipal waste that is greater than 30
percent of all municipal waste received at the landfill
during calendar year 1991; and
``(B) if requested in writing by the affected local
government and the affected local solid waste planning unit, if
any, prohibit the disposal of out-of-State municipal waste in
landfill cells that do not meet the design and location
standards and leachate collection and ground water monitoring
requirements of State law and regulations in effect on January
1, 1993, for new landfills.
``(3) In addition to the authorities provided in paragraph (1)(A),
beginning with calendar year 1997, a Governor of any State, if
requested in writing by the affected local government and the affected
local solid waste planning unit, if any, may further limit the disposal
of out-of-State municipal waste as provided in paragraph (2)(A)(ii) by
reducing the 30 percent annual quantity limitation to 20 percent in
each of calendar years 1998 and 1999, and to 10 percent in each
succeeding calendar year.
``(4)(A) Any limitation imposed by the Governor under paragraph
(2)(A)--
``(i) shall be applicable throughout the State;
``(ii) shall not discriminate against any particular
landfill within the State; and
``(iii) shall not discriminate against any shipments of
out-of-State municipal waste on the basis of State of origin.
``(B) In responding to requests by affected local governments under
paragraphs (1)(A) and (2)(B), the Governor shall respond in a manner
that does not discriminate against any particular landfill within the
State and does not discriminate against any shipments of out-of-State
municipal waste on the basis of State of origin.
``(5)(A) Any Governor who intends to exercise the authority
provided in this paragraph shall, within 120 days after the date of
enactment of this section, submit to the Administrator information
documenting the quantity of out-of-State municipal waste received for
disposal in the State of the Governor during calendar years 1991 and
1992.
``(B) On receipt of the information submitted pursuant to
subparagraph (A), the Administrator shall notify the Governor of each
State and the public and shall provide a comment period of not less
than 30 days.
``(C) Not later than 60 days after receipt of information from a
Governor under subparagraph (A), the Administrator shall determine the
quantity of out-of-State municipal waste that was received at each
landfill covered by the exceptions provided in subsection (b) for
disposal in the State of the Governor during calendar years 1991 and
1992, and provide notice of the determination to the Governor of each
State. A determination by the Administrator under this subparagraph
shall be final and not subject to judicial review.
``(D) Not later than 180 days after the date of enactment of this
section, the Administrator shall publish a list of the quantity of out-
of-State municipal waste that was received during calendar years 1991
and 1992 at each landfill covered by the exceptions provided in
subsection (b) for disposal in each State in which the Governor intends
to exercise the authority provided in this paragraph, as determined in
accordance with subparagraph (C).
``(b) Exceptions To Authority To Prohibit Out-of-State Municipal
Waste.--The authority to prohibit the disposal of out-of-State
municipal waste provided under subsection (a)(1) shall not apply to--
``(1) landfills in operation on the date of enactment of
this section that--
``(A) received during calendar year 1991 documented
shipments of out-of-State municipal waste; and
``(B) are in compliance with all applicable State
laws (including any State rule or regulation) relating
to design and location standards, leachate collection,
ground water monitoring, and financial assurance for
closure and post-closure and corrective action;
``(2) proposed landfills that, prior to January 1, 1993,
received--
``(A) an approval from the affected local
government to receive municipal waste generated outside
the county or the State in which the landfill is
located; and
``(B) a notice of decision from the State to grant
a construction permit; or
``(3) incinerators in operation on the date of enactment of
this section that--
``(A) received, during calendar year 1991,
documented shipments of out-of-State municipal waste;
``(B) are in compliance with the applicable
requirements of section 129 of the Clean Air Act (42
U.S.C. 7429); and
``(C) are in compliance with all applicable State
laws (including any State rule or regulation) relating
to facility design and operations.
``(d) Definitions.--As used in this section:
``(1)(A) The term `affected local government', with respect
to a landfill or incinerator, means the elected officials of
the city, town, borough, county, or parish in which the
facility is located.
``(B) Within 90 days after the date of the enactment of
this section, the Governor shall designate which entity listed
in subparagraph (A) shall serve as the affected local
government for actions taken under this section. If the
Governor fails to make a designation, the affected local
government shall be the city, town, borough, county, parish, or
other public body created pursuant to State law with primary
jurisdiction over the land or the use of land on which the
facility is located.
``(2) The term `affected local solid waste planning unit'
means a political subdivision of a State with authority
relating to solid waste management planning in accordance with
State law.
``(3) With respect to a State, the term `out-of-State
municipal waste' means municipal waste generated outside of the
State. To the extent that it is consistent with the United
States-Canada Free Trade Agreement and the General Agreement on
Tariffs and Trade, the term shall include municipal waste
generated outside of the United States.
``(4) The term `municipal waste' means refuse (and refuse-
derived fuel) generated by the general public or from a
residential, commercial, institutional, or industrial source
(or any combination thereof), consisting of paper, wood, yard
wastes, plastics, leather, rubber, or other combustible or
noncombustible materials such as metal or glass (or any
combination thereof). The term `municipal waste' does not
include--
``(A) any solid waste identified or listed as a
hazardous waste under section 3001;
``(B) any solid waste, including contaminated soil
and debris, resulting from a response action taken
under section 104 or 106 of the Comprehensive
Environmental Response, Compensation, and Liability Act
(42 U.S.C. 9604 or 9606) or a corrective action taken
under this Act;
``(C) any metal, pipe, glass, plastic, paper,
textile, or other material that has been separated or
diverted from municipal waste and has been transported
into the State for the purpose of recycling or
reclamation;
``(D) any solid waste that is--
``(i) generated by an industrial facility;
and
``(ii) transported for the purpose of
treatment, storage, or disposal to a facility
that is owned or operated by the generator of
the waste, or is located on property owned by
the generator or a company with which the
generator is affiliated;
``(E) any solid waste generated incident to the
provision of service in interstate, intrastate,
foreign, or overseas air transportation;
``(F) any industrial waste that is not identical to
municipal waste with respect to the physical and
chemical state of the industrial waste, and
composition, including construction and demolition
debris;
``(G) any medical waste that is segregated from or
not mixed with municipal waste; or
``(H) any material or product returned from a
dispenser or distributor to the manufacturer for
credit, evaluation, or possible reuse.''.
SEC. 3. TABLE OF CONTENTS AMENDMENT.
The table of contents of the Solid Waste Disposal Act is amended by
adding at the end of the items relating to subtitle D the following new
item:
``Sec. 4011. Interstate transportation of municipal waste.''. | Interstate Transportation of Municipal Waste Act of 1993 - Amends the Solid Waste Disposal Act to authorize a State Governor, if requested by an affected local government and a local solid waste planning unit, to prohibit the disposal of out-of-State municipal waste in: (1) any landfill or incinerator subject to the jurisdiction of the Governor or the affected local government; and (2) landfill cells that do not meet the design and location standards and leachate collection and groundwater monitoring requirements of State law in effect on January 1, 1993, for new landfills.
Permits such Governors, without the request of such entities, to limit the quantity of out-of-State municipal waste received for disposal, or disposal of such waste, at landfills covered by exceptions under this Act.
Prohibits discrimination against any particular landfill and against shipments of out-of-State waste on the basis of State of origin with respect to limitations and responses to requests by local governments.
Exempts from a Governor's authority to prohibit the disposal of out-of-State waste: (1) landfills that received documented shipments of such waste in 1991 and are in compliance with State laws relating to design and location standards, leachate collection, groundwater monitoring, and financial assurance for closure and post-closure and corrective action; (2) proposed landfills that, prior to January 1, 1993, received approval from the affected local government to receive municipal waste generated outside of the county or State and a State notice of decision to grant a construction permit; or (3) incinerators that received documented shipments of such waste during 1991 and are in compliance with performance standards under the Clean Air Act and State laws relating to facility design and operations. | {"src": "billsum_train", "title": "Interstate Transportation of Municipal Waste Act of 1993"} | 2,306 | 366 | 0.718899 | 2.002377 | 0.778778 | 5.159159 | 6.696697 | 0.948949 |
SECTION 1. SHORT TITLE.
This title may be cited as the ``Agricultural Assistance Act of
2005''.
SEC. 2. DEFINITIONS.
In this title:
(1) Covered commodity.--The term ``covered commodity'' has
the meaning given the term in section 1001 of the Farm Security
and Rural Investment Act of 2002 (7 U.S.C. 7901).
(2) Disaster county.--The term ``disaster county'' means a
county included in the geographic area covered by a natural
disaster declaration and each county contiguous to a county
included in the geographic area covered by a natural disaster
declaration.
(3) Eligible noninsurable commodity.--The term ``eligible
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).
(4) Insurable commodity.--The term ``insurable commodity''
means an agricultural commodity (excluding livestock) produced
in an area that is eligible for coverage under a policy or plan
of insurance under the Federal Crop Insurance Act (7 U.S.C.
1501 et seq.).
(5) Livestock assistance program.--The term ``livestock
assistance program'' means--
(A) the 2002 Cattle Feed Program announced by the
Secretary on September 3, 2002 (67 Fed. Reg. 56260), to
the extent extended to cover 2005 natural disaster
declarations;
(B) the 2002 Livestock Compensation Program, as
announced by the Secretary on October 10, 2002 (67 Fed.
Reg. 63070), and modified in accordance with section
203(a) of the Agricultural Assistance Act of 2003
(title II of division N of the Consolidated
Appropriations Resolution, 2003 (Public Law 108-7; 117
Stat. 539; 7 U.S.C. 3801 note) and section 5(a); and
(C) the livestock loss assistance program required
by section 5(b).
(6) Natural disaster declaration.--The term ``natural
disaster declaration'' means--
(A) a natural disaster declared by the Secretary
during calendar year 2005 under section 321(a) of the
Consolidated Farm and Rural Development Act (7 U.S.C.
1961(a)) or declared by the Secretary during calendar
year 2006 under such section, but regarding which a
request was pending as of December 31, 2005; or
(B) a major disaster or emergency designated by the
President during calendar year 2005 under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.) or designated by the President
during calendar year 2006 under such Act, but regarding
which a request was pending as of December 31, 2005.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 3. SUPPLEMENTAL DIRECT PAYMENTS FOR COVERED COMMODITIES.
(a) Payments Required.--The Secretary shall make payments to
producers on a farm eligible for direct payments for the 2005 crop of a
covered commodity under section 1103 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 7913) if--
(1) the farm is located in a disaster county; or
(2) the producers on the farm have incurred qualifying crop
losses with respect to the 2005 crop of a covered commodity due
to damaging weather or related condition, as determined by the
Secretary, using the same loss thresholds for the quantity and
quality losses as were used in administering section 815 of the
Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2001 (Public Law 106-
387; 114 Stat. 1549, 1549A-55).
(b) Amount.--The amount of the payment made to the producers on a
farm under this section shall be equal to 50 percent of the amount of
the direct payment the producers on the farm are eligible to receive
for the 2005 crop under sections 1103 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 7913).
(c) Crop Insurance.--As a condition of the receipt of a payment
under this section, the producers on the farm shall enter into a
contract with the Secretary under which the producers on the farm
agree--
(1) in the case of the covered commodity and all other
insurable commodities produced on the farm for each of the next
two crop years--
(A) to obtain at least catastrophic risk protection
coverage for those commodities under the Federal Crop
Insurance Act (7 U.S.C. 1501 et seq.); and
(B) in the event of violation of the contract, to
repay to the Secretary any payment received under this
section; and
(2) in the case of all eligible noninsurable commodities
produced on the farm for each of the next two crop or calendar
years, as applicable--
(A) to file the required paperwork, and pay the
administrative fee by the applicable State filing
deadline, for those commodities under section 196 of
the Federal Agriculture Improvement and Reform Act of
1996 (7 U.S.C. 7333); and
(B) in the event of violation of the contract, to
repay to the Secretary any payment received under this
section.
(d) Administration.--The total amount of payments made to a person
under this section for one or more covered commodities shall not exceed
the dollar amounts that are specified in section 1001(b)(1) of the Food
Security Act of 1985 (7 U.S.C. 1308(b)(1)).
(e) Relation to Other Assistance.--Persons that elect to receive
payments under this section for a covered commodity are not eligible
for crop loss assistance under section 4 for the same commodity.
(f) Time for Payment.--The Secretary shall make payments under this
section as soon as practicable after the date of enactment of this Act.
SEC. 4. CROP LOSS ASSISTANCE.
(a) Assistance Available.--The Secretary shall use such sums as are
necessary of the funds of the Commodity Credit Corporation to make
emergency financial assistance available to producers on a farm that
have incurred losses in a disaster county as a result of the disaster
for which the natural disaster declaration was made, as determined by
the Secretary.
(b) Administration.--Subject to subsection (a), the Secretary shall
make assistance available under this section in the same manner as
provided under section 1102 of the Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations Act, 1999
(7 U.S.C. 1421 note; Public Law 105-277), including using the same loss
thresholds as were used in administering that section.
(c) Qualifying Losses.--Assistance under this section may be made
for losses associated with crops that are, as determined by the
Secretary--
(1) quantity losses;
(2) quality losses; or
(3) severe economic losses due to damaging weather or
related condition.
(d) Crops Covered.--Assistance under this section shall be
applicable to losses for all crops (including losses of trees from
which a crop is harvested, livestock, and fisheries), as determined by
the Secretary, due to the disaster for which the natural disaster
declaration was made.
(e) Relation to Other Assistance.--Persons that elect to receive
assistance under this section for a covered commodity are not eligible
for supplemental direct payments for the same covered commodity under
section 3.
(f) Crop Insurance.--In carrying out this section, the Secretary
shall not discriminate against or penalize producers on a farm that
have purchased crop insurance under the Federal Crop Insurance Act (7
U.S.C. 1501 et seq.).
SEC. 5. LIVESTOCK ASSISTANCE.
(a) Continuation of Assistance Program.--Subject to subsection (c),
the Secretary shall continue to carry out the 2002 Livestock
Compensation Program announced by the Secretary on October 10, 2002 (67
Fed. Reg. 63070), and under such Program, the Secretary shall provide
assistance to any applicant that--
(1) conducts a livestock operation that is physically
located in a disaster county and meets all other eligibility
requirements established by the Secretary for the Program; or
(2) produces an animal described in section 10806(a)(1) of
the Farm Security and Rural Investment Act of 2002 (21 U.S.C.
321d(a)(1)) and meets all other eligibility requirements
established by the Secretary for the Program.
(b) Livestock Loss Assistance Program.--Subject to subsection (c),
the Secretary shall use $250,000,000 of funds of the Commodity Credit
Corporation to carry out a program to make payments to producers for
livestock losses occurring in a disaster county. The payments shall be
made using the criteria established to carry out the 1999 Livestock
Assistance Program.
(c) Relationship of Livestock Assistance Programs.--The amount of
assistance that the producers on a farm would receive for a loss under
a livestock assistance program, in the absence of the operation of this
subsection, shall be reduced by the amount of the assistance that the
producers on the farm receive under any other livestock assistance
program.
(d) Use of Commodity Credit Corporation Funds.--Effective beginning
on the date of enactment of this Act, the Secretary shall carry out the
2002 Livestock Compensation Program using funds of the Commodity Credit
Corporation.
SEC. 6. EMERGENCY SURPLUS REMOVAL.
The Secretary shall transfer $250,000,000 of funds of the Commodity
Credit Corporation to the fund established by section 32 of the Act of
August 24, 1935 (7 U.S.C. 612c), to carry out emergency surplus removal
of agricultural commodities.
SEC. 7. SPECIALTY CROPS.
The Secretary shall use $50,000,000 of funds of the Commodity
Credit Corporation to provide assistance to producers directly or
through grants to States, or take such other action as the Secretary
determines is appropriate, to assist producers of fruits and
vegetables.
SEC. 8. COTTONSEED.
The Secretary shall use $50,000,000 of funds of the Commodity
Credit Corporation to provide assistance to producers and first
handlers of the 2005 crop of cottonseed.
SEC. 9. ADDITIONAL HURRICANE ASSISTANCE.
(a) In General.--In any State described in section 359f(c)(1)(A) of
the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359ff(c)(1)(A)) in a
which a natural disaster declaration is in effect, the Secretary shall
make available to first processors that are eligible to obtain a loan
under section 156(a) of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7272(a)) assistance in the form of payments, or
commodities in the inventory of the Commodity Credit Corporation from
carrying out that section, to partially compensate producers and first
processors for crop and other losses that are related to the natural
disaster declaration.
(b) Administration.--Assistance under this section shall be--
(1) shared by an affected first processor with affected
producers that provide commodities to the processor in a manner
that reflects contracts entered into between the processor and
the producers; and
(2) made available under such terms and conditions as the
Secretary determines are necessary to carry out this section.
(c) Quantity.--To carry out this section, the Secretary shall--
(1) use 200,000 tons of commodities in the inventory of the
Commodity Credit Corporation under section 156(a) of the
Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 7272(a));
(2) make payments in an aggregate amount equal to the
market value of 200,000 tons of commodities described in
paragraph (1); or
(3) take any combination of actions described in paragraphs
(1) and (2) using commodities or payments with a total market
value of 200,000 tons of commodities described in paragraph
(1).
SEC. 10. FUNDING.
(a) In General.--The Secretary shall use the funds, facilities, and
authorities of the Commodity Credit Corporation to carry out this Act,
and such funds shall remain available until expended.
(b) Administration.--The Secretary, acting through the Farm Service
Agency, may use not more than $70,000,000 of funds of the Commodity
Credit Corporation to cover administrative costs associated with the
implementation of this Act and title I of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 7901 et seq.), and such funds shall
remain available until expended.
SEC. 11. 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. | Agricultural Assistance Act of 2005 - Directs the Secretary of Agriculture to make payments to producers on a farm eligible for 2005 direct payments for a covered commodity if: (1) the farm is located in a disaster county; or (2) the producers on the farm have incurred qualifying 2005 crop losses due to damaging weather or related conditions.
Requires as a condition for such assistance that producers of: (1) a covered commodity and other insurable commodities for each of the next two crop years obtain at least federal crop catastrophic risk protection, and in the event of contract violation repay any assistance received; and (2) eligible noninsurable commodities for each of the next two crop or calendar years file the required paperwork, and pay the administrative fee by the state filing deadline, and in the event of contract violation repay any assistance received.
Directs the Secretary to: (1) make emergency financial assistance to producers (crop, timber, fisheries, and livestock producers) who have incurred losses in a disaster-designated county; (2) use Commodity Credit Corporation (CCC) funds to carry out the 2002 Livestock Compensation Program for livestock producers in a disaster county, and for catfish producers; (3) transfer CCC funds for emergency surplus removal of agricultural commodities; (4) use CCC funds for assistance to fruit and vegetable producers, and for producers and first handlers of the 2005 cottonseed crop; and (5) make CCC commodity or payment assistance to certain loan-eligible first processors in a disaster-designated state to partially compensate producers and first processors for crop and other losses related to such natural disaster. | {"src": "billsum_train", "title": "To provide emergency assistance to agricultural producers who have suffered losses as a result of drought, Hurricane Katrina, and other natural disasters occurring during 2005, and for other purposes."} | 2,930 | 338 | 0.562847 | 1.639937 | 0.737143 | 3.778135 | 8.40836 | 0.954984 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Employer Work Incentive Act for
Individuals with Severe Disabilities''.
SEC. 2. PURPOSE.
The purpose of this Act is to promote employment opportunities for
individuals with severe disabilities, by requiring Federal agencies to
offer incentives to Government contractors and subcontractors that
employ substantial numbers of individuals with severe disabilities.
SEC. 3. FINDINGS.
Congress makes the following findings:
(1) Of the 9,400,000 people with severe disabilities in the
United States who want to work, only 26.1 percent are employed.
(2) The Social Security trustees project that, by 2029, the
Disability Trust Fund will be exhausted, 13 years before the
Old Age and Survivors Trust Fund.
(3) A June 2005 Government Accountability Office (GAO)
report designated modernizing federal disability programs as a
high-risk area, one that requires urgent attention and
organizational transformation to ensure that programs function
in the most economical, efficient and effective manner
possible. Solutions to these problems are likely to require
fundamental changes, including regulatory and legislative
action.
(4) If one percent of people with severe disabilities now
receiving Social Security Disability Insurance and Supplemental
Security Income payments were employed, the projected 10-year
cost savings for the Treasury would equal $45,000,000,000.
(5) It is appropriate for the Federal Government to offer
incentives to government contractors who employ significant
numbers of individuals with severe disabilities.
SEC. 4. CONTRACTORS EMPLOYING INDIVIDUALS WITH SEVERE DISABILITIES.
(a) Contractors Employing Individuals With Severe Disabilities.--
The Office of Federal Procurement Policy Act (41 U.S.C. 403 et seq.) is
amended by adding at the end the following new section:
``SEC. 43. CONTRACTORS EMPLOYING INDIVIDUALS WITH SEVERE DISABILITIES.
``(a) Targets for the Participation of Businesses Employing
Individuals With Severe Disabilities.--
``(1) Government-wide target.--The Administrator shall
annually establish a Government-wide target for procurement
contracts awarded to businesses that employ individuals with
severe disabilities. The Government-wide target shall be
established at not less than 2.5 percent of the total value of
all prime contract and subcontract procurements for each fiscal
year.
``(2) Executive agency targets.--Each executive agency
shall have an annual procurement target that presents, for that
agency, the maximum practicable opportunity for businesses that
employ individuals with severe disabilities to participate in
the performance of contracts, and the performance of
subcontracts to prime contracts, entered into by such agency.
``(3) Cumulative target.--The Administrator shall ensure
that the cumulative procurement targets for executive agencies
established pursuant to paragraph (2) meet or exceed the annual
Government-wide procurement target established pursuant to
paragraph (1).
``(4) Database.--The Administrator shall work with the
Administrator of General Services to establish and maintain a
database of eligible nonprofit and for profit business entities
that qualify as businesses that employ individuals with severe
disabilities.
``(b) Incentives for the Employment of Individuals With Severe
Disabilities.--
``(1) Regulations.--
``(A) In general.--The Administrator shall
promulgate regulations in the Federal Acquisition
Regulation providing that the participation of
businesses that employ individuals with severe
disabilities or the participation of prime contractors
that subcontract to such businesses shall be an
evaluation factor in all contracts awarded by executive
agencies. The Administrator shall ensure that this
evaluation factor is given sufficient weight to allow
all agencies to be in compliance with the 2.5 percent
contracting targets under subsection (a).
``(B) Documentation requirement.--The regulations
promulgated under subparagraph (A) shall provide that
an executive agency awarding a contract may not
evaluate a business as a business that employs
individuals with severe disabilities unless the
business provides to such agency--
``(i) documentation that the business
currently qualifies as a business that employs
individuals with severe disabilities;
``(ii) documentation that the business has
a history of hiring individuals with severe
disabilities, a letter of commitment stating
that the business will meet the employment
criteria provided under subsection (e)(1)(B)
within 1 year after the starting date of the
contract, and a plan for meeting such criteria;
or
``(iii) documentation that the employer
currently employs at least one individual with
severe disabilities, a letter of commitment
stating that the business will meet the
employment criteria provided under subsection
(e)(1)(B) within 1 year after the starting date
of the contract, and a plan for meeting such
criteria.
``(C) Consequences of failure to qualify for
advantage.--The failure of a business that is awarded a
contract (either as a prime contractor or a
subcontractor) as a result of a preference given
pursuant to subparagraph (A) to meet the employment
criteria provided under subsection (e)(1)(B) within 1
year after the starting date of such contract shall
result in the termination of such contract, unless a
one-time waiver is submitted and approved, for good
cause, before the end of such time period.
``(c) Coordination Between Agencies and Interested Groups.--The
Assistant Secretary of Labor for Employment and Training shall be
responsible for seeking and obtaining input from the executive agencies
responsible for Federal procurement and from individuals, groups,
associations, and disability organizations regarding the effectiveness,
outreach, utilization, and advancement of the goals and purposes of the
employment and contracting program under this section.
``(d) Regional Assistance Centers.--The Secretary of Labor shall
utilize existing Regional Assistance Centers to provide assistance to
businesses in qualifying for the incentives established pursuant to
subsection (b). The Regional Assistance Centers shall be headquartered
in the Department of Labor's regional workforce offices operated under
the authority of the Secretary.
``(e) Definitions.--In this section:
``(1) The term `business that employs individuals with
severe disabilities' means an eligible nonprofit or for-profit
business entity that--
``(A) demonstrates that it has established an
integrated employment setting, meaning that the
employment setting for severely disabled employees is
similar to the employment setting for non-disabled
employees performing similar tasks and that severely
disabled employees are not unnecessarily physically
separated from non-disabled or other disabled employees
in their employment settings;
``(B) beginning not later than 1 year after the
starting date of the contract for which the Federal
procurement advantage was utilized, employs individuals
with severe disabilities--
``(i) in not less than 25 percent of the
full-time equivalent positions of the business,
if the business has 50 or fewer full-time
equivalent employees;
``(ii) in not less than 18 percent of the
full-time equivalent positions, if the business
has between 51 and 250 full-time equivalent
employees; or
``(iii) in not less than 15 percent of the
full-time equivalent positions, if the business
has more than 250 full-time positions; and
``(C)(i) pays wages to each of the individuals with
severe disabilities at not less than the applicable
rate described in section 6(a)(1) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206(a)(1)), regardless
of whether the individuals are engaged in supported
employment, or training, under a contract with an
executive agency or a program that receives Federal
funds; and
``(ii) does not employ any individual with a severe
disability pursuant to a special certificate issued
under section 14(c) of the Fair Labor Standards Act of
1938 (29 U.S.C. 214(c)); and
``(D) makes contributions for at least 50 percent
of the total cost of the annual premiums for health
insurance coverage for its employees.
``(2)(A) The term `individual with a severe disability'
means an individual who is a disabled beneficiary (as defined
in section 1148(k)(2) of the Social Security Act (42 U.S.C.
1320b-19(k)(2)) or an individual who would be considered to be
such a disabled beneficiary but for having income or assets in
excess of the income or asset eligibility limits established
under title II or XVI of the Social Security Act, respectively
(42 U.S.C. 401 et seq., 1381 et seq.).
``(B) The term `individuals with severe disabilities' means
more than 1 individual with a severe disability.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by adding at the end the following new item:
``Sec. 43. Contractors employing individuals with severe
disabilities.''.
SEC. 5. REPORTING.
Not later than August 31 of each year, the Assistant Secretary of
Labor for Employment and Training shall submit to Congress an annual
report on progress made in achieving the targets established under
section 43 of the Office of Federal Procurement Policy Act, as added by
section 4. | Employer Work Incentive Act for Individuals with Severe Disabilities - Amends the Office of Federal Procurement Policy Act to require the Administrator for Federal Procurement Policy to establish, annually, a government-wide target for procurement contracts awarded to businesses that employ individuals with severe disabilities. Requires such target to be established at not less than 2.5% of the total value of all prime contract procurements for each fiscal year.
Directs: (1) each executive agency to have an annual procurement target that presents the maximum practicable opportunity for businesses that employ individuals with severe disabilities to participate in the performance of agency contracts; (2) the Administrator to ensure that the cumulative agency targets meet or exceed the annual targets; (3) the Administrator to work with the Administrator of General Services to establish and maintain a database of eligible entities that qualify as businesses that employ such individuals; and (4) the Administrator to promulgate regulations providing that the participation of such businesses shall be an evaluation factor in all contracts awarded by executive agencies.
Provides that the failure of a business that is awarded a contract to meet the employment criteria within one year shall result in contract termination, unless a one-time waiver is approved for good cause.
Makes the Assistant Secretary of Labor for Employment and Training responsible for obtaining input from agencies, individuals, and organizations regarding the effectiveness, outreach, utilization, and advancement of the goals and purposes of the employment and contracting program.
Requires the Secretary of Labor to utilize existing Regional Assistance Centers to provide assistance to businesses in qualifying for the evaluation factor. | {"src": "billsum_train", "title": "A bill to promote employment of individuals with severe disabilities through Federal Government contracting and procurement processes, and for other purposes."} | 1,988 | 326 | 0.66043 | 2.10606 | 0.786909 | 4.782609 | 6.12709 | 0.989967 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Eastern Band of Cherokee Historic
Lands Reacquisition Act''.
SEC. 2. LAND TAKEN INTO TRUST FOR THE EASTERN BAND OF CHEROKEE INDIANS.
(a) Lands Into Trust.--Subject to such rights of record as may be
vested in third parties to rights-of-way or other easements or rights-
of-record for roads, utilities, or other purposes, the following
Federal lands managed by the Tennessee Valley Authority and located on
or above the 820-foot (MSL) contour elevation in Monroe County,
Tennessee, on the shores of Tellico Reservoir, are declared to be held
in trust by the United States for the use and benefit of the Eastern
Band of Cherokee Indians:
(1) Sequoyah museum property.--Approximately 46.0 acres of
land generally depicted as ``Sequoyah Museum'', ``Parcel 1'',
and ``Parcel 2'' on the map titled ``Eastern Band of Cherokee
Historic Lands Reacquisition Map 1'' and dated April 30, 2015.
(2) Support property.--Approximately 11.9 acres of land
generally depicted as ``Support Parcel'' on the map titled
``Eastern Band of Cherokee Historic Lands Reacquisition Map 2''
and dated April 30, 2015.
(3) Chota memorial property and tanasi memorial property.--
Approximately 18.2 acres of land generally depicted as ``Chota
Memorial 1'' and ``Tanasi Memorial'' on the map titled
``Eastern Band of Cherokee Historic Lands Reacquisition Map 3''
and dated April 30, 2015, and including the Chota Memorial and
all land within a circle with a radius of 86 feet measured from
the center of the Chota Memorial without regard to the
elevation of the land within the circle.
(b) Property on Lands.--In addition to the land taken into trust by
subsection (a), the improvements on and appurtenances thereto,
including memorials, are and shall remain the property of the Eastern
Band of Cherokee Indians.
(c) Revised Maps.--Not later than 1 year after the date of a land
transaction made pursuant to this section, the Tennessee Valley
Authority, after consultation with the Eastern Band of Cherokee Indians
and the Secretary of the Interior, shall submit revised maps that
depict the land taken into trust under this section, including any
corrections made to the maps described in this section to the Committee
on Natural Resources of the House of Representatives and the Committee
on Indian Affairs of the Senate.
(d) Contour Elevation Clarification.--The contour elevations
referred to in this Act are based on MSL Datum as established by the
NGS Southeastern Supplementary Adjustment of 1936 (NGVD29).
(e) Conditions.--The lands taken into trust under this section
shall be subject to the conditions described in section 5.
SEC. 3. PERMANENT EASEMENTS TAKEN INTO TRUST FOR THE EASTERN BAND OF
CHEROKEE INDIANS.
(a) Permanent Easements.--The following permanent easements for
land below the 820-foot (MSL) contour elevation for the following
Federal lands in Monroe County, Tennessee, on the shores of Tellico
Reservoir, are declared to be held in trust by the United States for
the benefit of the Eastern Band of Cherokee Indians:
(1) Chota peninsula.--Approximately 8.5 acres of land
generally depicted as ``Chota Memorial 2'' on the map titled
``Eastern Band of Cherokee Historic Lands Reacquisition Map 3''
and dated April 30, 2015.
(2) Chota-tanasi trail.--Approximately 11.4 acres of land
generally depicted as ``Chota-Tanasi Trail'' on the map titled
``Eastern Band of Cherokee Historic Lands Reacquisition Map 3''
and dated April 30, 2015.
(b) Revised Maps.--Not later than 1 year after the date of a land
transaction made pursuant to this section, the Tennessee Valley
Authority, after consultation with the Eastern Band of Cherokee Indians
and the Secretary of the Interior, shall submit to the Committee on
Natural Resources of the House of Representatives and the Committee on
Indian Affairs of the Senate revised maps that depict the lands subject
to easements taken into trust under this section, including any
corrections necessary to the maps described in this section.
(c) Conditions.--The lands subject to easements taken into trust
under this section shall be subject to the use rights and conditions
described in section 5.
SEC. 4. TRUST ADMINISTRATION AND PURPOSES.
(a) Applicable Laws.--Except as described in section 5, the lands
subject to this Act shall be administered under the laws and
regulations generally applicable to lands and interests in lands held
in trust on behalf of Indian tribes.
(b) Use of Land.--Except the lands described in section 2(a)(2),
the lands subject to this Act shall be used principally for
memorializing and interpreting the history and culture of Indians and
recreational activities, including management, operation, and conduct
of programs of and for--
(1) the Sequoyah birthplace memorial and museum;
(2) the memorials to Chota and Tanasi as former capitals of
the Cherokees;
(3) the memorial and place of reinterment for remains of
the Eastern Band of Cherokee Indians and other Cherokee tribes,
including those transferred to the Eastern Band of Cherokee
Indians and other Cherokee tribes and those human remains and
cultural items transferred by the Tennessee Valley Authority to
those Cherokee tribes under the Native American Graves
Protection and Repatriation Act (25 U.S.C. 3001 et seq.); and
(4) interpreting the Trail of Tears National Historic
Trail.
(c) Use of Support Property.--The land described in section 2(a)(2)
shall be used principally for the support of lands subject to this Act
and the programs offered by the Tribe relating to such lands and their
purposes including--
(1) classrooms and conference rooms;
(2) cultural interpretation and education programs;
(3) temporary housing of guests participating in such
programs or the management of the properties and programs; and
(4) headquarters offices and support space for the trust
properties and programs.
(d) Land Use.--The principal purposes of the use of the land
described in section 3(a)--
(1) paragraph (1), shall be for a recreational trail from
the general vicinity of the parking lot to the area of the
Chota Memorial and beyond to the southern portion of the
peninsula, including interpretive signs, benches, and other
compatible improvements; and
(2) paragraph (2), shall be for a recreational trail
between the Chota and Tanasi Memorials, including interpretive
signs, benches, and other compatible improvements.
SEC. 5. USE RIGHTS, CONDITIONS.
(a) Flooding of Land and Roads.--The Tennessee Valley Authority may
temporarily and intermittently flood the lands subject to this Act that
lie below the 824-foot (MSL) contour elevation and the road access to
such lands that lie below the 824-foot (MSL) contour elevation.
(b) Facilities and Structures.--The Eastern Band of Cherokee
Indians may construct, own, operate, and maintain--
(1) water use facilities and nonhabitable structures,
facilities, and improvements not subject to serious damage if
temporarily flooded on the land adjoining the Tellico Reservoir
side of the lands subject to this Act that lie between the 815-
foot and 820-foot (MSL) contour elevations, but only after
having received written consent from the Tennessee Valley
Authority and subject to the terms of such approval; and
(2) water use facilities between the 815-foot (MSL) contour
elevations on the Tellico Reservoir side of the lands subject
to this Act and the adjacent waters of Tellico Reservoir and in
and on such waters after having received written consent from
the Tennessee Valley Authority and subject to the terms of such
approval, but may not construct, own, operate, or maintain
other nonhabitable structures, facilities, and improvements on
such lands.
(c) Ingress and Egress.--The Eastern Band of Cherokee Indians may
use the lands subject to this Act and Tellico Reservoir for ingress and
egress to and from such land and the waters of the Tellico Reservoir
and to and from all structures, facilities, and improvements maintained
in, on, or over such land or waters.
(d) River Control and Development.--The use rights under this
section may not be exercised so as to interfere in any way with the
Tennessee Valley Authority's statutory program for river control and
development.
(e) TVA Authorities.--Nothing in this Act shall be construed to
affect the right of the Tennessee Valley Authority to--
(1) draw down Tellico Reservoir;
(2) fluctuate the water level thereof as may be necessary
for its management of the Reservoir; or
(3) permanently flood lands adjacent to lands subject to
this Act that lie below the 815-foot (MSL) contour elevation.
(f) Right of Entry.--The lands subject to this Act shall be subject
to a reasonable right of entry by the personnel of the Tennessee Valley
Authority and agents of the Tennessee Valley Authority operating in
their official capacities as necessary for purposes of carrying out the
Tennessee Valley Authority's statutory program for river control and
development.
(g) Entry Onto Land.--To the extent that the Tennessee Valley
Authority's operations on the lands subject to this Act do not
unreasonably interfere with the Eastern Band of Cherokee Indians'
maintenance of an appropriate setting for the memorialization of
Cherokee history or culture on the lands and its operations on the
lands, the Eastern Band of Cherokee Indians shall allow the Tennessee
Valley Authority to enter the lands to clear, ditch, dredge, and drain
said lands and apply larvicides and chemicals thereon or to conduct
bank protection work and erect structures necessary in the promotion
and furtherance of public health, flood control, and navigation.
(h) Loss of Hydropower Capacity.--All future development of the
lands subject to this Act shall be subject to compensation to the
Tennessee Valley Authority for loss of hydropower capacity as provided
in the Tennessee Valley Authority Flood Control Storage Loss Guideline,
unless agreed to otherwise by the Tennessee Valley Authority.
(i) Protection From Liability.--The United States shall not be
liable for any loss or damage resulting from--
(1) the temporary and intermittent flooding of lands
subject to this Act;
(2) the permanent flooding of adjacent lands as provided in
this section;
(3) wave action in Tellico Reservoir; or
(4) fluctuation of water levels for purposes of managing
Tellico Reservoir.
(j) Continuing Responsibilities.--The Tennessee Valley Authority
shall--
(1) retain sole and exclusive Federal responsibility and
liability to fund and implement any environmental remediation
requirements that are required under applicable Federal or
State law for any land or interest in land to be taken into
trust under this Act, as well as the assessments under
paragraph (2) to identify the type and quantity of any
potential hazardous substances on the lands;
(2) prior to the acquisition in trust, carry out an
assessment and notify the Secretary of the Interior and the
Eastern Band of Cherokee Indians whether any hazardous
substances were stored on the lands and, if so, whether those
substances--
(A) were stored for 1 year or more on the lands;
(B) were known to have been released on the lands;
or
(C) were known to have been disposed of on the
lands; and
(3) if the assessment under paragraph (2) shows that
hazardous substances were stored, released, or disposed of on
the lands, include in its notice under paragraph (2) to the
Secretary of the Interior and the Eastern Band of Cherokee
Indians--
(A) the type and quantity of such hazardous
substances;
(B) the time at which such storage, release, or
disposal took place on the lands; and
(C) a description of any remedial actions, if any,
taken on the lands.
SEC. 6. LANDS SUBJECT TO THE ACT.
For the purposes of this Act, the term ``lands subject to this
Act'' means lands and interests in lands (including easements) taken
into trust for the benefit of the Eastern Band of Cherokee Indians
pursuant to or under this Act.
SEC. 7. GAMING PROHIBITION.
No class II or class III gaming, as defined in the Indian Gaming
Regulatory Act (25 U.S.C. 2701 et seq.), shall be conducted on lands
subject to this Act.
Passed the House of Representatives April 16, 2018.
Attest:
KAREN L. HAAS,
Clerk. | Eastern Band Cherokee Historic Lands Reacquisition Act This bill takes specified lands and easements in Monroe County, Tennessee, into trust for the use and benefit of the Eastern Band of Cherokee Indians. These lands include the Sequoyah Museum, the Chota Memorial, the Tanasi Memorial, and land to provide support for these properties and cultural programs. The Tennessee Valley Authority (TVA) maintains its right to carry out river control and development on these lands, including temporarily and intermittently flooding certain lands. The bill specifies the structures that may be constructed with the TVA's consent on certain lands subject to flooding. The TVA must be compensated for lost hydropower capacity from future development of these lands. The bill prohibits the United States from being liable for loss or damage resulting from certain activities, such as the flooding of certain lands. The bill outlines TVA's continuing responsibilities. Gaming on these lands is prohibited. | {"src": "billsum_train", "title": "Eastern Band Cherokee Historic Lands Reacquisition Act"} | 2,838 | 202 | 0.559524 | 1.865679 | 0.778508 | 2.053254 | 14.940828 | 0.83432 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ballast Water Management Act''.
SEC. 2. EVALUATION.
(a) Subsection 1102(a) of Public Law 101-646 (16 U.S.C. 4712(a)) is
amended by adding the following new paragraph at the end:
``(4) National ballast water management evaluation.--
``(A) Subject to the availability of
appropriations, the Task Force shall contract with the
Marine Board of the National Research Council to
identify and evaluate ballast water management
technologies and practices that prevent the
introduction and spread of nonindigenous species
through ballast water discharged into United States
waters.
``(B) In conducting the evaluation, the Marine
Board shall consider, at a minimum, ballast water
management technologies and practices identified in the
study prepared under paragraph (3).
``(C) In conducting the evaluation, the Marine
Board shall identify, at a minimum, ballast water
management technologies and practices that--
``(i) may be retrofitted on existing
vessels or incorporated in new vessel designs;
``(ii) are operationally practical;
``(iii) are safe for vessel and crew;
``(iv) are environmentally sound;
``(v) are cost effective;
``(vi) the vessel operator can monitor; and
``(vii) are effective against a broad range
of nuisance organisms.''.
(b) Subsection 1102(c) of Public Law 101-646 (16 U.S.C. 4712(c)) is
amended by adding the following new paragraph at the end:
``(3) National ballast water management evaluation
report.--Not later than 1 year after the date of enactment of
the Ballast Water Management Act, the Task Force shall submit
to the appropriate Committees a report on the results of the
evaluation conducted under paragraph (4) of subsection (a).''.
SEC. 3. NATIONAL BALLAST WATER MANAGEMENT DEMONSTRATION PROGRAM.
(a) Section 1202 of Public Law 101-646 (16 U.S.C. 4722) is amended
by--
(1) redesignating subsection (k) as subsection (l); and
(2) inserting after subsection (j) the following:
``(k) National Ballast Water Management Demonstration Program.--
``(1) Authorization.--Following the submission of the
evaluation authorized under section 1102(a)(4) and subject to
the availability of appropriations under section 1301(e), the
Administrator of the Maritime Administration, in consultation
with the Task Force, shall conduct a national ballast water
management demonstration program to test and evaluate ballast
water management technologies and practices, including those
identified in the evaluation authorized under paragraph
1102(a)(4), to prevent the introduction and spread of
nonindigenous species through ballast water discharged into
United States waters.
``(2) Criteria.--In carrying out the demonstration program
authorized under this subsection, the Administrator of the
Maritime Administration shall use vessels that are documented
under chapter 121 of title 46, United States Code, including
vessels operating on the Great Lakes. Any necessary ballast
water management technology installation or construction on a
vessel used in the demonstration program shall be performed by
a United States shipyard or ship repair facility.
``(3) Authorities.--In conducting the demonstration program
under this subsection, the Task Force and the Administrator of
the Maritime Administration may accept donations of property
and services.''.
(b) Subsection 1202(l), as redesignated by this Act, is amended by
adding the following new paragraph at the end:
``(3) Not later than 1 year after the submission of the
evaluation authorized under section 1102(a)(4) and periodically
as necessary to report new findings, the Administrator of the
Maritime Administration, in consultation with the Task Force,
shall submit to the appropriate Committees a report on the
results of the demonstration program conducted under subsection
(k).''.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
Section 1301 of Public Law 101-646 (16 U.S.C. 4741) is amended by
adding the following new subsection at the end:
``(e) National Ballast Water Management Evaluation and
Demonstration Program.--There are authorized to be appropriated to the
Director and the Under Secretary $150,000 for fiscal year 1995 and to
the Administrator of the Maritime Administration $1,850,000 for fiscal
year 1996, to remain available until expended, to carry out the
evaluation authorized under section 1102(a)(4) and the demonstration
program authorized under section 1202(k).''.
Passed the House of Representatives March 21, 1994.
Attest:
DONNALD K. ANDERSON,
Clerk. | Ballast Water Management Act - Amends the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 to direct the Aquatic Nuisance Species Task Force to contract with the Marine Board of the National Research Council to evaluate ballast water management technologies that prevent aquatic nonindigenous species from being introduced and spread through ballast water discharged into U.S. waters. Requires the Task Force to submit to appropriate congressional committees a report on the results of such evaluation.
Directs the Administrator of the Maritime Administration to conduct a national ballast water management demonstration program to evaluate ballast water management technologies that prevent aquatic nonindigenous species from being introduced and spread through ballast water discharged into U.S. waters.
Authorizes appropriations for FY 1995 and 1996. | {"src": "billsum_train", "title": "Ballast Water Management Act"} | 1,038 | 173 | 0.631365 | 1.571935 | 0.814206 | 2.922481 | 7.255814 | 0.813953 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Disability and Victims
of Warfare and Civil Strife Assistance Act of 2003''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following finding:
(1)(A) According to the International Committee of the Red
Cross, there are tens of millions of landmines in over 60
countries around the world, and it has estimated that as many
as 24,000 people are maimed or killed each year by landmines,
mostly civilians, resulting in amputations and disabilities of
various kinds.
(B) While the United States Government invests more than
$100,000,000 in mine action programs annually, including
funding for mine awareness and demining training programs, only
about ten percent of these funds go to directly aid landmine
victims.
(C) The Patrick Leahy War Victims Fund, administered by the
United States Agency for International Development, has
provided essential prosthetics and rehabilitation for landmine
and other war victims in developing countries who are disabled
and has provided long-term sustainable improvements in quality
of life for victims of civil strife and warfare, addressing
such issues as barrier-free accessibility, reduction of social
stigmatization, and increasing economic opportunities.
(D) Enhanced coordination is needed among Federal agencies
that carry out assistance programs in foreign countries for
victims of landmines and other victims of civil strife and
warfare to make better use of interagency expertise and
resources.
(2) According to a review of Poverty and Disability
commissioned by the World Bank, ``disabled people have lower
education and income levels than the rest of the population.
They are more likely to have incomes below poverty level than
the non-disabled population, and they are less likely to have
savings and other assets . . . [t]he links between poverty and
disability go two ways--not only does disability add to the
risk of poverty, but conditions of poverty add to the risk of
disability.''.
(3) Numerous international human rights conventions and
declarations recognize the need to protect the rights of
individuals regardless of their status, including those
individuals with disabilities, through the principles of
equality and non-discrimination.
(b) Purpose.--The purpose of this Act is to authorize assistance
for individuals with disabilities, including victims of landmines and
other victims of civil strife and warfare.
SEC. 3. INTERNATIONAL DISABILITIES AND WAR VICTIMS ASSISTANCE.
The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is
amended by inserting after section 134 the following:
``SEC. 135. INTERNATIONAL DISABILITIES AND WAR VICTIMS ASSISTANCE.
``(a) Authorization.--The President is authorized to furnish
assistance to individuals with disabilities, including victims of civil
strife and warfare, in foreign countries.
``(b) Activities.--The programs established pursuant to subsection
(a) may include programs, projects, and activities such as the
following:
``(1) Development of local capacity to provide medical and
rehabilitation services for individuals with disabilities,
including victims of civil strife and warfare, in foreign
countries, such as--
``(A) support for and training of medical
professionals, including surgeons, nurses, and physical
therapists, to provide effective emergency and other
medical care and for the development of training
manuals relating to first aid and other medical
treatment;
``(B) support for sustainable prosthetic and
orthotic services; and
``(C) psychological and social rehabilitation of
such individuals, together with their families as
appropriate, for the reintegration of such individuals
into local communities.
``(2) Support for policy reform and educational efforts
related to the needs and abilities of individuals with
disabilities, including victims of civil strife and warfare.
``(3) Coordination of programs established pursuant to
subsection (a) with existing programs for individuals with
disabilities, including victims of civil strife and warfare, in
foreign countries.
``(4) Support for establishment of appropriate entities in
foreign countries to coordinate programs, projects, and
activities related to assistance for individuals with
disabilities, including victims of civil strife and warfare.
``(5) Support for primary, secondary, and vocational
education, public awareness and training programs and other
activities that help prevent war-related injuries and assist
individuals with disabilities, including victims of civil
strife and warfare, with their reintegration into society and
their ability to make sustained social and economic
contributions to society.
``(c) Priority.--To the maximum extent feasible, assistance under
this section shall be provided through nongovernmental organizations,
and, as appropriate, through governments to establish appropriate
norms, standards, and policies related to rehabilitation and issues
affecting individuals with disabilities, including victims of civil
strife and warfare.
``(d) Funding.--Amounts made available to carry out the other
provisions of this part (including chapter 4 of part II of this Act)
and the Support for East European Democracy (SEED) Act of 1989 are
authorized to be made available to carry out this section and are
authorized to be provided notwithstanding any other provision of
law.''.
SEC. 4. RESEARCH, PREVENTION, AND ASSISTANCE RELATED TO INTERNATIONAL
DISABILITIES AND LANDMINE AND OTHER WAR VICTIMS.
(a) Authorization.--
(1) In general.--The Secretary of Health and Human
Services, acting through the Director of the Centers for
Disease Control and Prevention, is authorized--
(A) to conduct programs in foreign countries
related to individuals with disabilities, including
victims of landmines and other victims of civil strife
and warfare;
(B) to provide grants to nongovernmental
organizations for the purpose of carrying out research,
prevention, public awareness and assistance programs in
foreign countries related to individuals with
disabilities, including victims of landmines and other
victims of civil strife and warfare.
(2) Approval of secretary of state.--Activities under
programs established pursuant to paragraph (1) may be carried
out in foreign countries only in coordination with the
Administrator of the United States Agency for International
Development, and upon approval for such activities in such
countries by the Secretary of State.
(b) Activities.--Programs established pursuant to subsection (a)
may include the following activities:
(1) Research on trauma, physical, psychological, and social
rehabilitation, and continuing medical care related to
individuals with disabilities, including victims of landmines
and other victims of civil strife and warfare, including--
(A) conducting research on psychological and social
factors that lead to successful recovery;
(B) developing, testing, and evaluating model
interventions that reduce post-traumatic stress and
promote health and well-being;
(C) developing basic instruction tools for initial
medical response to traumatic injuries; and
(D) developing basic instruction manuals for
patients and healthcare providers, including for
emergency and follow-up care, proper amputation
procedures, and reconstructive surgery.
(2) Facilitation of peer support networks for individuals
with disabilities, including victims of landmines and other
victims of civil strife and warfare, in foreign countries,
including--
(A) establishment of organizations at the local
level, administered by such individuals, to assess and
address the physical, psychological, economic and
social rehabilitation and other needs of such
individuals, together with their families as
appropriate, for the purpose of economic and social
reintegration into local communities; and
(B) training related to the implementation of such
peer support networks, including training of outreach
workers to assist in the establishment of organizations
such as those described in subparagraph (A) and
assistance to facilitate the use of the networks by
such individuals.
(3) Sharing of expertise from limb-loss and disability
research centers in the United States with similar centers and
facilities in war-affected countries, including promoting
increased health for individuals with limb loss and limb
deficiency and epidemiological research on secondary medical
conditions related to limb loss and limb deficiency.
(4) Developing a database of best practices to address the
needs of the war-related disabled through comprehensive
examination of support activities related to such disability
and access to medical care and supplies.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Health and Human Services to carry out
this section such sums as may be necessary for each of fiscal years
2003 through 2004.
SEC. 5. EXPERTISE OF THE DEPARTMENT OF VETERANS AFFAIRS.
The Secretary of Veterans Affairs is authorized--
(1) to provide advice and expertise on prosthetics,
orthotics, physical and psychological rehabilitation and
treatment, and disability assistance to other Federal
departments and agencies, including providing for temporary
assignment on a non-reimbursable basis of appropriate
Department of Veterans Affairs personnel, with respect to the
implementation of programs to provide assistance to victims of
landmines and other victims of civil strife and warfare in
foreign countries and landmine research and health-related
programs, including programs established pursuant to section
135 of the Foreign Assistance Act of 1961 (as added by section
3 of this Act) and programs established pursuant to section 4
of this Act; and
(2) to provide technical assistance to private voluntary
organizations on a reimbursable basis with respect to the
planning, development, operation, and evaluation of such
landmine assistance, research, and prevention programs. | International Disability and Victims of Warfare and Civil Strife Assistance Act of 2003 - Amends the Foreign Assistance Act of 1961 to authorize the President to furnish medical, rehabilitation, prosthetic, orthotic, and other specified kinds of assistance to individuals with disabilities, including victims of civil strife and warfare, in foreign countries. Requires such assistance, to the maximum extent feasible, to be provided through nongovernmental organizations (NGOs), and, as appropriate, through governments to establish appropriate norms, standards, and policies related to rehabilitation and issues affecting such individuals.
Authorizes the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to: (1) conduct programs in foreign countries related to individuals with disabilities, including victims of landmines and other victims of civil strife and warfare; and (2) provide grants to NGOs to carry out research, prevention, public awareness, and assistance programs in foreign countries related to such individuals. Requires any such programs in foreign countries to be carried out only in coordination with the Administrator of the United States Agency for International Development (USAID), and upon approval by the Secretary of State.
Authorizes the Secretary of Veterans Affairs to provide: (1) advice and expertise on prosthetics, orthotics, physical and psychological rehabilitation and treatment, and disability assistance to other Federal agencies for implementation of assistance programs under this Act; and (2) technical assistance on a reimbursable basis to private voluntary organizations for planning, development, operation, and evaluation of such landmine assistance, research, and prevention programs. | {"src": "billsum_train", "title": "A bill to authorize assistance for individuals with disabilities in foreign countries, including victims of warfare and civil strife, and for other purposes."} | 2,039 | 332 | 0.574159 | 1.982377 | 0.788512 | 5.41 | 6.363333 | 0.97 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Traditional Foods Nourishment Act of
2013''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Alaska native.--The term ``Alaska Native'' means a
person who is a member of any Native village, Village
Corporation, or Regional Corporation, as those terms are
defined in section 3 of the Alaska Native Claims Settlement Act
(43 U.S.C. 1602).
(2) Food service program.--The term ``food service
program'' includes--
(A) food service at a residential child care
facility with a license from an appropriate State
agency;
(B) a child nutrition program (as defined in
section 25(b) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1769f(b));
(C) food service at a hospital, clinic, or long-
term care facility; and
(D) a senior meal program.
(3) Indian; indian tribe.--The terms ``Indian'' and
``Indian tribe'' have the meanings given those terms in section
4 of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(5) Traditional food.--
(A) In general.--The term ``traditional food''
means food that has traditionally been prepared and
consumed by an Indian tribe.
(B) Inclusions.--The term ``traditional food''
includes--
(i) wild game meat;
(ii) fish;
(iii) seafood;
(iv) marine mammals;
(v) plants; and
(vi) berries.
(6) Tribal organization.--The term ``tribal organization''
has the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
SEC. 3. FINDINGS; PURPOSES.
(a) Findings.--Congress finds that--
(1) consumption of traditional foods is proven to benefit
health, physical well-being, and fitness;
(2) the National Institutes of Health has indicated that an
increase in the consumption of traditional foods results in
positive health effects among Alaska Natives;
(3) the leading cause of death among Alaska Natives is
diet-related health problems resulting in cancer and heart
disease;
(4) traditional foods such as wild salmon, marine mammals,
migratory birds, moose, caribou, berries, and plants can have a
positive health impact when consumed regularly;
(5) the Department of Agriculture and the Economic Research
Center have indicated that food from local sources is proven to
be fresher and less processed and to retain more nutrients;
(6) providing access to traditional foods in food service
programs promotes healthier lifestyles;
(7) many patients find that traditional foods provide
comfort while undergoing treatment or recovery;
(8) opening food service programs to the donation of
traditional foods would aid patients receiving care in a public
facility physically and mentally during the healing process;
(9) food plays an incredibly large part in the culture and
lifestyle of a community and expanding traditional food options
to school systems would promote more extensive cultural
education;
(10) by increasing demand for local produce, economic
stimulation can occur, furthering the development of local
communities;
(11) providing local food donations can lower the cost of
meal programs in schools, resulting in more financially stable
beneficiaries and a reduction in expenditures by the Federal
Government on the child nutrition program (as defined in
section 25(b) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1769f(b));
(12) the program established by this Act would bring
communities together;
(13) the expansion of opportunities for the donation of
traditional foods supports hunters;
(14) game hunters are required to harvest all of the edible
meat from most large game; and
(15) this Act provides a direct opportunity for hunters to
donate the meat to food service programs.
(b) Purposes.--The purposes of this Act are--
(1) to provide access to traditional foods in food service
programs;
(2) to encourage increased consumption of traditional foods
to decrease health disparities among Indians, particularly
Alaska Natives; and
(3) to provide alternative food options for food service
programs.
SEC. 4. SERVICE OF TRADITIONAL FOODS IN FOOD SERVICE PROGRAMS.
(a) Program.--Notwithstanding any other provision of law, the
Secretary shall allow the donation to and serving of traditional food
through a food service program at a public facility or a nonprofit
facility, including a facility operated by an Indian tribe or a tribal
organization, that primarily serves Indians if the operator of the food
service program--
(1) ensures that the food is received whole, gutted,
gilled, as quarters, or as a roast, without further processing;
(2) makes a reasonable determination that--
(A) the animal was not diseased;
(B) the food was butchered, dressed, transported,
and stored to prevent contamination, undesirable
microbial growth, or deterioration; and
(C) the food will not cause a significant health
hazard or potential for human illness;
(3) carries out any further preparation or processing of
the food at a different time or in a different space from the
preparation or processing of other food for the applicable
program to prevent cross-contamination;
(4) cleans and sanitizes food-contact surfaces of equipment
and utensils after processing the traditional food; and
(5) labels donated traditional food with the name of the
food and stores the traditional food separately from other food
for the applicable program, including through storage in a
separate freezer or refrigerator or in a separate compartment
or shelf in the freezer or refrigerator.
(b) Liability.--
(1) In general.--The United States, an Indian tribe, and a
tribal organization shall not be liable in any civil action for
any damage, injury, or death caused to any person by the
donation to or serving of traditional foods through a food
service program.
(2) Rule of construction.--Nothing in paragraph (1) alters
any liability or other obligation of the United States under
the Indian Self-Determination and Education Assistance Act (25
U.S.C. 450 et seq.). | Traditional Foods Nourishment Act of 2013 - Directs the Secretary of Agriculture to allow the donation to and serving of traditional food through a food service program at a public or nonprofit facility that primarily services Indians if the food service program operator takes specified measures to ensure the safe preparation, processing, and labeling of such food. Includes wild game meat, fish, seafood, marine mammals, plants, and berries as traditional food. States that the United States and an Indian tribe or tribal organization shall not be liable in any civil action for any damage, injury, or death caused to any person by the donation to or serving of traditional foods through a food service program. | {"src": "billsum_train", "title": "Traditional Foods Nourishment Act of 2013"} | 1,391 | 143 | 0.578845 | 1.634851 | 0.650369 | 5.401575 | 10.212598 | 0.929134 |
SECTION 1. GENERALLY AVAILABLE SOFTWARE.
Section 17 of the Export Administration Act of 1979 (50 U.S.C. App.
2416) is amended by adding at the end thereof the following new
subsection:
``(g) Computers and Related Equipment.--
``(1) General rule.--Subject to paragraphs (2) and (3), the
Secretary shall have exclusive authority to control exports of
all computer hardware, software, and technology for information
security (including encryption), except that which is
specifically designed or modified for military use, including
command, control, and intelligence applications.
``(2) Items not requiring licenses.--No validated license
may be required, except pursuant to the Trading With The Enemy
Act or the International Emergency Economic Powers Act (but
only to the extent that the authority of such Act is not
exercised to extend controls imposed under this Act), for the
export or reexport of--
``(A) any software, including software with
encryption capabilities, that is--
``(i) generally available, as is, and is
designed for installation by the purchaser; or
``(ii) in the public domain or publicly
available because it is generally accessible to
the interested public in any form; or
``(B) any computing device solely because it
incorporates or employs in any form software (including
software with encryption capabilities) exempted from
any requirement for a validated license under
subparagraph (A).
``(3) Software with encryption capabilities.--The Secretary
shall authorize the export or reexport of software with
encryption capabilities for nonmilitary end-uses in any country
to which exports of software of similar capability are
permitted for use by financial institutions not controlled in
fact by United States persons, unless there is substantial
evidence that such software will be--
``(A) diverted to a military end-use or an end-use
supporting international terrorism;
``(B) modified for military or terrorist end-use;
or
``(C) reexported without requisite United States
authorization.
``(4) Definitions.--As used in this subsection--
``(A) the term `generally available' means, in the
case of software (including software with encryption
capabilities), software that is offered for sale,
license, or transfer to any person without restriction
through any commercial means, including, but not
limited to, over-the-counter retail sales, mail order
transactions, phone order transactions, electronic
distribution, or sale on approval;
``(B) the term `as is' means, in the case of
software (including software with encryption
capabilities), a software program that is not designed,
developed, or tailored by the software company for
specific purchasers, except that such purchasers may
supply certain installation parameters needed by the
software program to function properly with the
purchaser's system and may customize the software
program by choosing among options contained in the
software program;
``(C) the term `is designed for installation by the
purchaser' means, in the case of software (including
software with encryption capabilities)--
``(i) the software company intends for the
purchaser (including any licensee or
transferee), who may not be the actual program
user, to install the software program on a
computing device and has supplied the necessary
instructions to do so, except that the company
may also provide telephone help line services
for software installation, electronic
transmission, or basic operations; and--
``(ii) that the software program is
designed for installation by the purchaser
without further substantial support by the
supplier;
``(D) the term `computing device' means a device
which incorporates one or more microprocessor-based
central processing units that can accept, store,
process or provide output of data; and
``(E) the term `computer hardware', when used in
conjunction with information security, includes, but is
not limited to, computer systems, equipment,
application-specific assemblies, modules, and
integrated circuits.''. | Amends the Export Administration Act of 1979 to grant the Secretary of Commerce exclusive authority to control exports of all computer hardware, software, and technology for information security (including encryption), except any specifically designed or modified for military use.
Exempts specified items from license requirements.
Instructs the Secretary to authorize the export or reexport under specified circumstances of software with encryption capabilities for nonmilitary end-uses. | {"src": "billsum_train", "title": "To amend the Export Administration Act of 1979 with respect to the control of computers and related equipment."} | 865 | 89 | 0.606239 | 1.569586 | 1.609356 | 4.857143 | 11.025974 | 0.883117 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Vermont Wilderness Act of 2006''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
(2) State.--The term ``State'' means the State of Vermont.
TITLE I--DESIGNATION OF WILDERNESS AREAS
SEC. 101. DESIGNATION.
In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the
following areas in the State are designated as wilderness areas and as
components of the National Wilderness Preservation System:
(1) Certain Federal land managed by the United States
Forest Service, comprising approximately 28,491 acres, as
generally depicted on the map entitled ``Glastenbury
Wilderness--Proposed'', dated March 2006, which shall be known
as the ``Glastenbury Wilderness''.
(2) Certain Federal land managed by the United States
Forest Service, comprising approximately 12,437 acres, as
generally depicted on the map entitled ``Joseph Battell
Wilderness--Proposed'', dated March 2006, which shall be known
as the ``Joseph Battell Wilderness''.
(3) Certain Federal land managed by the United States
Forest Service, comprising approximately 4,223 acres, as
generally depicted on the map entitled ``Breadloaf Wilderness
Additions--Proposed'', dated March 2006, which shall be known
as the ``Breadloaf Wilderness''.
(4) Certain Federal land managed by the United States
Forest Service, comprising approximately 2,171 acres, as
generally depicted on the map entitled ``Lye Brook Wilderness
Additions--Proposed'', dated March 2006, which shall be known
as the ``Lye Brook Wilderness''.
(5) Certain Federal land managed by the United States
Forest Service, comprising approximately 797 acres, as
generally depicted on the map entitled ``Peru Peak Wilderness
Additions--Proposed'', dated March 2006, which shall be known
as the ``Peru Peak Wilderness''.
(6) Certain Federal land managed by the United States
Forest Service, comprising approximately 42 acres, as generally
depicted on the map entitled ``Big Branch Wilderness
Additions--Proposed'', dated March 2006, which shall be known
as the ``Big Branch Wilderness''.
SEC. 102. MAP AND DESCRIPTION.
(a) In General.--As soon as practicable after the date of enactment
of this Act, the Secretary shall file a map and a legal description of
each wilderness area designated by section 101 with--
(1) the Committee on Resources of the House of
Representatives;
(2) the Committee on Agriculture of the House of
Representatives; and
(3) the Committee on Agriculture, Nutrition, and Forestry
of the Senate.
(b) Force of Law.--A map and legal description filed under
subsection (a) shall have the same force and effect as if included in
this Act, except that the Secretary may correct clerical and
typographical errors in the map and legal description.
(c) Public Availability.--Each map and legal description filed
under subsection (a) shall be filed and made available for public
inspection in the Office of the Chief of the Forest Service.
SEC. 103. ADMINISTRATION.
(a) Administration.--Subject to valid rights in existence on the
date of enactment of this Act, each wilderness area designated under
this section shall be administered by the Secretary in accordance
with--
(1) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.); and
(2) the Wilderness Act (16 U.S.C. 1131 et seq.).
(b) Fish and Wildlife.--Nothing in this title affects the
jurisdiction of the State with respect to wildlife and fish on the
public land located in the State, including the stocking of fish in--
(1) lakes and ponds in the State that the State has
historically stocked; and
(2) rivers and streams in the State to support the
Connecticut River Atlantic Salmon Restoration Program.
(c) Trails.--
(1) In general.--The Forest Service shall permit the use of
minimum tools and traditional, trail-specific methods to mark
and maintain--
(A) the Appalachian National Scenic Trail;
(B) the Long Trail;
(C) the Catamount Trail; and
(D) associated trails and structures of the Trails
specified in this subsection, as generally depicted on
the map entitled ``Trails within the Green Mountain
National Forest Wilderness Areas'' and dated April
2006.
(2) Catamount trail relocation and completion.--For the
segment of the Catamount Trail that is located in the Lye Brook
Wilderness, the Secretary--
(A) may waive the requirements described in
paragraph (1); and
(B) shall assist the efforts of the Catamount Trail
Association to relocate and complete the construction
of the Catamount Trail.
TITLE II--MOOSALAMOO NATIONAL RECREATION AREA
SEC. 201. DESIGNATION.
Certain Federal land managed by the United States Forest Service,
comprising approximately 16,890 acres, as generally depicted on the map
entitled ``Moosalamoo National Recreation Area--Proposed'', dated March
2006, are designated as the ``Moosalamoo National Recreation Area''.
SEC. 202. MAP AND DESCRIPTION.
(a) In General.--As soon as practicable after the date of enactment
of this Act, the Secretary shall file a map and a legal description of
the national recreation area designated by section 201 with--
(1) the Committee on Resources of the House of
Representatives;
(2) the Committee on Agriculture of the House of
Representatives; and
(3) the Committee on Agriculture, Nutrition, and Forestry
of the Senate.
(b) Force of Law.--A map and legal description filed under
subsection (a) shall have the same force and effect as if included in
this title, except that the Secretary may correct clerical and
typographical errors in the map and legal description.
(c) Public Availability.--Each map and legal description filed
under subsection (a) shall be filed and made available for public
inspection in the Office of the Chief of the Forest Service.
SEC. 203. ADMINISTRATION OF NATIONAL RECREATION AREA.
(a) In General.--Subject to valid rights existing on the date of
enactment of this Act, the Secretary shall administer the Moosalamoo
National Recreation Area in accordance with--
(1) laws (including rules and regulations) applicable to
units of the National Forest System; and
(2) the objectives described or specified in the Green
Mountain National Forest Land and Resource Management Plan--
(A) to provide a showcase for multiple use
management of the National Forest System;
(B) to provide outstanding educational and
interpretation opportunities in the areas of ecological
processes and forest management;
(C) to provide for public enjoyment of the area for
outdoor recreation and other benefits; and
(D) to manage for the other resource values present
in the Area, in a manner that does not impair the
public recreation values and other special attributes
of the Area.
(b) Fish and Wildlife.--Nothing in this title affects the
jurisdiction of the State with respect to wildlife and fish on the
public land located in the State.
(c) Escarpment and Ecological Areas.--Nothing in this title
prevents the Secretary from managing the Green Mountain Escarpment
Management Area and the Ecological Special Areas, as described in the
Green Mountain National Forest Land and Resource Management Plan.
(d) Comprehensive Management Plan.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall develop and submit a
comprehensive management plan for the Area designated by
section 201 of this title to--
(A) the Committee on Resources of the House of
Representatives;
(B) the Committee on Agriculture of the House of
Representatives; and
(C) the Committee on Agriculture, Nutrition, and
Forestry of the Senate.
(2) Administration.--In conducting the reviews and
preparing the comprehensive management plan required by
paragraph (1), the Secretary shall--
(A) provide for full public participation; and
(B) consider the views of interested agencies,
organizations, and individuals. | Vermont Wilderness Act of 2006 - Designates as wilderness areas and components of the National Wilderness Preservation System certain lands in Vermont to be known as the Glastenbury Wilderness, Joseph Battell Wilderness, Breadloaf Wilderness, Lye Brook Wilderness, Peru Peak Wilderness, and Big Branch Wilderness.
Designates specified federal land as the Moosalamoo National Recreation Area. Directs the Secretary of Agriculture, acting through the Chief of the Forest Service, to develop and submit to specified congressional committees a comprehensive management plan for the Area. | {"src": "billsum_train", "title": "A bill to designate certain National Forest System land in the State of Vermont for inclusion in the National Wilderness Preservation system and designate a National Recreation Area."} | 1,919 | 130 | 0.612008 | 1.561656 | 0.619098 | 3.88172 | 17.978495 | 0.935484 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Joint Administrative Procedures
Committee Act of 2005'' or the ``JACP Act''.
SEC. 2. ESTABLISHMENT OF A JOINT ADMINISTRATIVE PROCEDURES COMMITTEE.
Section 802 of title 5, United States Code, is amended by
redesignating subsection (g) as subsection (i) and by inserting before
subsection (i) the following new subsection:
``(h)(1) There is established a Joint Administrative Procedures
Committee to be composed of 12 Members of the Senate to be appointed by
the majority leader of the Senate and 12 Members of the House of
Representatives to be appointed by the Speaker of the House of
Representatives. In each instance, not more than 7 Members shall be
members of the same political party.
``(2) In carrying out its duties under this chapter, the joint
committee, or any duly authorized subcommittee thereof, is authorized
to--
``(A) hold such hearings, to sit and act at such places and
times within the United States during the sessions, recesses,
and adjourned periods of Congress;
``(B) require the attendance of such witnesses and the
production of such books, papers, and documents, administer
such oaths, take such testimony, procure such printing and
binding as it deems necessary; and
``(C) make such rules respecting its organization and
procedures as it deems necessary.
``(3) The joint committee may selectively review existing major
rules of any Federal agency and recommend--
``(A) to the committees of jurisdiction in each House of
Congress that they take appropriate legislative actions to
amend or repeal laws within their jurisdictions sufficient to
effectuate its recommendations; and
``(B) to such Federal agency that it amend or repeal all or
any part of such major rules.
``(4) The joint committee shall periodically review the regulatory
plan of each Federal agency of its most important significant
regulatory actions that the agency reasonably expects to issue in
proposed or final form in the fiscal year in which such plan is
submitted (or thereafter) to the Office of Information and Regulatory
Affairs of the Office of Management and Budget and may submit comments
to such Office respecting such plan. Within 10 calendar days after
receiving any such agency plan, such Office shall submit a copy of such
plan to the joint committee for its comments. Upon completion of its
review or waiver of its review of each such agency plan, the Office
shall also submit to the joint committee a detailed summary of its
recommendations.
``(5) The joint committee may selectively review existing rules of
any Federal agency that were in effect before the enactment of chapter
8 of title 5, United States Code, and that the joint committee finds
would satisfy the criteria of subparagraph (A), (B), or (C) of
paragraph (2) of section 804 of such title and recommend--
``(A) to the committees of jurisdiction in each House of
Congress that they take appropriate legislative actions to
amend or repeal laws within their jurisdictions sufficient to
effectuate its recommendations; and
``(B) to such Federal agency that it amend or repeal all or
any part of such major rules.
``(6) The members of the joint committee who are Members of the
Senate shall from time to time report to appropriate standing
committees of the Senate, and the members of the joint committee who
are Members of the House of Representatives shall from time to time
report to appropriate standing committees of the House their
recommendations with respect to matters within the jurisdiction of
their respective Houses which are referred to the joint committee or
otherwise within the jurisdiction of the joint committee.
``(7) Vacancies in the membership of the joint committee shall not
affect the power of the remaining members to execute the functions of
the joint committee, and shall be filled in the same manner as in the
case of the original selection. The joint committee shall select a
chairman and a vice chairman from among its members at the beginning of
each Congress. The vice chairman shall act in place of the chairman in
the absence of the chairman. The chairmanship shall alternate between
the Senate and the House of Representatives with each Congress, and the
chairman shall be selected by the Members from that House entitled to
the chairmanship. The vice chairman shall be chosen from the House
other than that of the chairman by the Members from that House.
``(8) The joint committee may appoint and fix the compensation of
such staff as it deems necessary.
``(9)(A) Notwithstanding any law, rule, or other authority, there
shall be paid out of the applicable accounts of the House of
Representatives such sums as may be necessary for one-half of the
expenses of the joint committee. Such payments shall be made on
vouchers signed by the chairman or vice chairman of the joint committee
who is a Member of the House of Representatives, as the case may be,
and approved in the manner directed by the Committee on House
Administration of the House of Representatives. Amounts made available
under this paragraph shall be expended in accordance with regulations
prescribed by the Committee on House Administration of the House of
Representatives.
``(B) (To be supplied by the Senate).''.
SEC. 3. CONSIDERATION IN THE HOUSE OF REPRESENTATIVES AND THE SENATE.
Section 802 of title 5, United States Code, is amended by
redesignating subsection (f) as subsection (g) and by inserting after
subsection (e) the following new subsection:
``(f)(1) In the House, after the third legislative day after the
date on which the committee to which a joint resolution is referred has
reported, it is in order for any Member of the House to move to proceed
to consideration of the joint resolution. All points of order against
the motion to proceed and against consideration of that motion are
waived. The motion is privileged in the House and is not debatable. The
motion is not subject to amendment, or to a motion to postpone, or to a
motion to proceed to the consideration of other business. A motion to
reconsider the vote by which the motion is agreed to or disagreed to
shall not be in order. If a motion to proceed to the consideration of
the joint resolution is agreed to, the House shall immediately proceed
to consideration of the joint resolution without intervening motion
(except one motion to adjourn), order, or other business.
``(2)(A) In the House, debate shall be confined to the joint
resolution and shall not exceed one hour equally divided and controlled
by a proponent and an opponent of the joint resolution. The previous
question shall be considered as ordered on the joint resolution to
final passage without intervening motion, except one motion to
recommit. A motion to reconsider the vote on passage of the joint
resolution shall not be in order.''.
SEC. 4. CONGRESSIONAL REVIEW .
(a) Congressional Review.--Section 801(a) of title 5, United States
Code, is amended--
(1) in paragraph (1)(A), by inserting ``, the joint
committee,'' after ``each House of the Congress'';
(2) in paragraph (1)(B), by inserting ``and the joint
committee'' after ``each House of Congress'';
(3) in paragraph (1) by adding at the end the following new
subparagraph:
``(D) Within 30 days (excluding days either House of Congress is
adjourned for more than 3 days during a session of Congress) after the
date on which the report referred to in subparagraph (A) is received,
the joint committee may report a committee resolution recommending that
each standing committee with jurisdiction to which copies of the
applicable report were provided under subparagraph (C) report a joint
resolution pursuant to section 802 disapproving the applicable rule.'';
and
(4) in paragraph (2)(A), by inserting ``the joint
committee'' after ``committees of jurisdiction in each House of
the Congress''.
(b) Effect of Disapproval.--Section 801(b)(2) of title 5, United
States Code, is amended by inserting before the period at the end the
following: ``or the reissued or new rule carries out the
recommendation, if any, set forth in the report submitted by the joint
committee to the committees of jurisdiction pursuant to subsection
(a)(1)(D) respecting the rule that did not take effect because it was
the subject to an enacted resolution of disapproval''.
(c) Definitions.--Section 804 of title 5, United States Code, is
amended by adding at the end the following new paragraph:
``(4) The term `joint committee' refers to the Joint
Administrative Procedures Committee.''. | Joint Administrative Procedures Committee Act of 2005 or JACP Act - Establishes a Joint Administrative Procedures Committee in the Congress to: (1) selectively review existing major rules of any federal agency; and (2) recommend to the congressional committees of jurisdiction that they take appropriate legislative action to amend or repeal laws within their jurisdictions sufficient to effectuate its recommendations and to such federal agency that it amend or repeal all or any part of such major rules.
Requires the Joint Administrative Committee to periodically review the regulatory plan of each federal agency of its most important significant regulatory actions that the agency reasonably expects to issue in proposed or final form to the Office of Information and Regulatory Affairs of the Office of Management and Budget. | {"src": "billsum_train", "title": "To amend chapter 8 of title 5, United States Code, to establish the Joint Administrative Procedures Committee."} | 1,897 | 149 | 0.664983 | 1.939799 | 0.897455 | 5.8 | 13.444444 | 0.97037 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sun Grant Initiative for Renewable
Energy and Biobased Products Act''.
SEC. 2. RESEARCH, EXTENSION, AND EDUCATIONAL PROGRAMS ON BIOBASED
ENERGY TECHNOLOGIES AND PRODUCTS.
Title IX of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 8101 et seq.) is amended by adding at the end the following:
``SEC. 9011. RESEARCH, EXTENSION, AND EDUCATIONAL PROGRAMS ON BIOBASED
ENERGY TECHNOLOGIES AND PRODUCTS.
``(a) Purposes.--The purposes of the programs established under
this section are--
``(1) to enhance national energy security through the
development, distribution, and implementation of biobased
energy technologies;
``(2) to promote diversification in, and the environmental
sustainability of, agricultural production in the United States
through biobased energy and product technologies; and
``(3) to promote economic diversification in rural areas of
the United States through biobased energy and product
technologies.
``(b) Definition of Land-Grant Colleges and Universities.--In this
section, the term `land-grant colleges and universities' means--
``(1) 1862 Institutions (as defined in section 2 of the
Agricultural Research, Extension, and Education Reform Act of
1998 (7 U.S.C. 7601));
``(2) 1890 Institutions (as defined in section 2 of that
Act); and
``(3) 1994 Institutions (as defined in section 2 of that
Act).
``(c) Establishment.--To carry out the purposes described in
subsection (a), the Secretary shall establish programs under which--
``(1) the Secretary shall provide grants to sun grant
centers specified in subsection (d)(1); and
``(2) the sun grant centers shall use the grants in
accordance with this section.
``(d) Grants to Centers.--
``(1) In general.--The Secretary shall use amounts made
available for a fiscal year under subsection (i) to provide a
grant to each of the following sun grant centers:
``(A) North central center.--A northern sun grant
center at South Dakota State University for the region
composed of the States of Illinois, Indiana, Iowa,
Minnesota, Montana, Nebraska, North Dakota, South
Dakota, Wisconsin, Wyoming.
``(B) Southeastern center.--A southeastern sun
grant center at the University of Tennessee at
Knoxville for the region composed of--
``(i) the States of Alabama, Florida,
Georgia, Kentucky, Mississippi, North Carolina,
South Carolina, Tennessee, and Virginia;
``(ii) the Commonwealth of Puerto Rico; and
``(iii) the United States Virgin Islands.
``(C) South central center.--A southern sun grant
center at Oklahoma State University for the region
composed of the States of Arkansas, Colorado, Kansas,
Louisiana, Missouri, New Mexico, Oklahoma, Texas.
``(D) Western center.--A western sun grant center
at Oregon State University for the region composed of--
``(i) the States of Alaska, Arizona,
California, Hawaii, Idaho, Nevada, Oregon,
Utah, and Washington; and
``(ii) territories and possessions of the
United States (other than the territories
referred to in clauses (ii) and (iii) of
subparagraph (B)).
``(E) Northeastern center.--A northeastern sun
grant center at Cornell University for the region
composed of the States of Connecticut, Delaware,
Massachusetts, Maryland, Maine, Michigan, New
Hampshire, New Jersey, New York, Ohio, Pennsylvania,
Rhode Island, Vermont, and West Virginia.
``(2) Equal amounts.--Of the amount of funds that are made
available for grants for fiscal year under paragraph (1), the
Secretary shall provide an equal amount of grants to each of
the sun grant centers specified in paragraph (1).
``(e) Use of Funds.--
``(1) Centers of excellence.--Of the amount of funds that
are made available for a fiscal year to a sun grant center
under subsection (d), the center shall use not more than 25
percent of the amount for administration and support centers of
excellence in science, engineering, and economics at the
university to promote the purposes described in subsection (a)
through the State agricultural experiment station, cooperative
extension services, and relevant educational programs of the
university.
``(2) Grants to land-grant colleges and universities.--
``(A) In general.--The sun grant center established
for a region shall use the funds that remain available
for a fiscal year after expenditures made under
paragraph (1) to provide competitive grants to land-
grant colleges and universities in the region of the
sun grant center to conduct, consistent with the
purposes described in subsection (a),
multiinstitutional and multistate--
``(i) research, extension, and educational
programs on technology development; and
``(ii) integrated research, extension, and
educational programs on technology
implementation.
``(B) Programs.--Of the amount of funds that are
used to provide grants for a fiscal year under
subparagraph (A), the center shall use--
``(i) not less than 20 percent of the funds
to carry out programs described in subparagraph
(A)(i); and
``(ii) not less than 20 percent of the
funds to carry out programs described in
subparagraph (A)(ii).
``(3) Indirect costs.--
``(A) In general.--Except as provided in
subparagraph (B), a sun grant center may recover the
indirect costs of making a grant under this subsection
in an amount that does not exceed 19 percent of the
amount of the direct costs of making the grant.
``(B) Other land-grant colleges and universities.--
A sun grant center may not recover the indirect costs
of making grants under paragraph (2) to other land-
grant colleges and universities.
``(f) Plan.--Subject to the availability of funds under subsection
(i), in cooperation with other land-grant colleges and universities and
private industry, the sun grant centers shall jointly develop and
submit to the Secretary, for approval, a plan for the making of grants
under subsections (e)(1) and (e)(2) for programs that will facilitate
the development of--
``(1) not later than January 1, 2008, critical biobased-
based products industries;
``(2) not later than January 1, 2013--
``(A) a biobased transportation fuels production
industry; and
``(B) an independent biobased power production
industry; and
``(3) not later than January 1, 2018, hydrogen production
systems for biobased products.
``(g) Grants to Other Land-Grant Colleges and Universities.--
``(1) Priority for grants.--In making grants under
subsection (e)(2), a sun grant center shall give a higher
priority to programs that are consistent with the plan approved
by the Secretary under subsection (f).
``(2) Term of grants.--The term of a grant provided by a
sun grant center under subsection (e)(2) shall not exceed 5
years.
``(3) Coordination with bioenergy and biobased product
development programs.--The sun grant centers shall jointly
develop and submit to the Secretary, for approval, a plan for
coordination of activities of the centers with, and input from,
the bioenergy and biobased product development programs of the
Secretary of Energy, including those conducted at the Oak Ridge
National Laboratory and the National Renewable Energy
Laboratory.
``(h) Grant Information Analysis Center.--The sun grant centers
shall maintain a Sun Grant Information Analysis Center to provide sun
grant centers analysis and data management support.
``(i) Annual Reports.--Not later than March 1 following the end of
each fiscal year for which a sun grant center receives a grant under
subsection (d), the sun grant center shall submit to the Secretary a
report that describes the policies, priorities, and operations of the
program carried out by the center during the fiscal year, including a
description of progress made in facilitating the priorities described
in subsection (f).
``(j) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $100,000,000 for each of fiscal
years 2003 through 2020, of which $4,000,000 for each fiscal year shall
be made available to carry out subsection (h).''.
SEC. 3. BIOMASS RESEARCH AND DEVELOPMENT.
(a) Board.--Section 305(b) of the Biomass Research and Development
Act of 2000 (7 U.S.C. 7624 note; Public Law 106-224) is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively;
(2) by inserting after paragraph (2) the following:
``(3) a representative of the Cooperative Research,
Extension, and Educational Service; and''; and
(3) in paragraph (5) (as redesignated by paragraph (1)), by
striking ``(3)'' and inserting ``(4)''.
(b) Technical Advisory Committee.--Section 306(b)(1) of the Biomass
Research and Development Act of 2000 (7 U.S.C. 7624 note; Public Law
106-224) is amended--
(1) in subparagraph (I), by striking ``and'' at the end;
(2) by redesignating subparagraph (J) as subparagraph (K);
and
(3) by inserting after subparagraph (I) the following:
``(J) a representative of sun grant centers
specified in section 9011(d)(1) of the Farm Security
and Rural Investment Act of 2002; and''. | Sun Grant Initiative for Renewable Energy and Biobased Products Act - Amends the Farm Security and Rural Investment Act of 2002 to direct the Secretary of Agriculture to make grants to university-based sun grant centers which shall: (1) establish centers of excellence to pursue research, extension, and educational programs to implement biobased energy technologies, products, and economic diversification in rural areas; and (2) make grants to land-grant colleges and universities for related multiinstitutional and multistate programs.Establishes: (1) a northern sun grant center at South Dakota State University for Illinois, Indiana, Iowa, Minnesota, Montana, Nebraska, North Dakota, South Dakota, Wisconsin, and Wyoming; (2) a southeastern sun grant center at the University of Tennessee at Knoxville for Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee, Virginia, the Commonwealth of Puerto Rico, and the United States Virgin Islands; (3) a south central sun grant center at Oklahoma State University for Arkansas, Colorado, Kansas, Louisiana, Missouri, New Mexico, Oklahoma, and Texas; (4) a western sun grant center at Oregon State University for Alaska, Arizona, California, Hawaii, Idaho, Nevada, Oregon, Utah, Washington and other U.S. territories and possessions; and (5) a northeastern sun grant center at Cornell University for Connecticut, Delaware, Massachusetts, Maryland, Maine, Michigan, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont, and West Virginia.Requires the centers to maintain a Sun Grant Information Analysis Center for analysis and data management support.Amends the Biomass Research and Development Act of 2000 to include a representative of the Cooperative Research, Extension, and Educational Service on the Biomass Research and Development Board. | {"src": "billsum_train", "title": "A bill to amend the Farm Security and Rural Investment act of 2002 to require the Secretary of Agriculture to establish research, extension, and educational programs to implement biobased energy technologies, products, and economic diversification in rural areas of the United States."} | 2,154 | 374 | 0.668733 | 2.216893 | 0.766191 | 5.133721 | 5.892442 | 0.959302 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Executive Amnesty Prevention Act''.
SEC. 2. PROHIBITION ON USE OF FUNDS.
(a) In General.--No funds, resources, or fees made available to the
Secretary of Homeland Security, or to any other official of a Federal
agency, by any Act for any fiscal year, including any deposits into the
``Immigration Examinations Fee Account'' established under section
286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)), may
be used to implement, administer, enforce, or carry out (including
through the issuance of any regulations) any of the policy changes set
forth in the following memoranda (or any substantially similar policy
changes issued or taken on or after the date of the enactment of this
Act, whether set forth in memorandum, Executive order, regulation,
directive, or by other action):
(1) The memorandum from the Director of U.S. Immigration
and Customs Enforcement entitled ``Civil Immigration
Enforcement: Priorities for the Apprehension, Detention, and
Removal of Aliens'' dated March 2, 2011.
(2) The memorandum from the Director of U.S. Immigration
and Customs Enforcement entitled ``Exercising Prosecutorial
Discretion Consistent with the Civil Immigration Enforcement
Priorities of the Agency for the Apprehension, Detention, and
Removal of Aliens'' dated June 17, 2011.
(3) The memorandum from the Principal Legal Advisor of U.S.
Immigration and Customs Enforcement entitled ``Case-by-Case
Review of Incoming and Certain Pending Cases'' dated November
17, 2011.
(4) The memorandum from the Secretary of Homeland Security
entitled ``Exercising Prosecutorial Discretion with Respect to
Individuals Who Came to the United States as Children'' dated
June 15, 2012.
(5) The memorandum from the Director of U.S. Immigration
and Customs Enforcement entitled ``Civil Immigration
Enforcement: Guidance on the Use of Detainers in the Federal,
State, Local, and Tribal Criminal Justice Systems'' dated
December 21, 2012.
(6) The memorandum from the Secretary of Homeland Security
entitled ``Southern Border and Approaches Campaign'' dated
November 20, 2014.
(7) The memorandum from the Secretary of Homeland Security
entitled ``Policies for the Apprehension, Detention and Removal
of Undocumented Immigrants'' dated November 20, 2014.
(8) The memorandum from the Secretary of Homeland Security
entitled ``Secure Communities'' dated November 20, 2014.
(9) The memorandum from the Secretary of Homeland Security
entitled ``Exercising Prosecutorial Discretion with Respect to
Individuals Who Came to the United States as Children and with
Respect to Certain Individuals Who Are the Parents of U.S.
Citizens or Permanent Residents'' dated November 20, 2014.
(10) The memorandum from the Secretary of Homeland Security
entitled ``Expansion of the Provisional Waiver Program'' dated
November 20, 2014.
(11) The memorandum from the Secretary of Homeland Security
entitled ``Policies Supporting U.S. High-Skilled Businesses and
Workers'' dated November 20, 2014.
(12) The memorandum from the Secretary of Homeland Security
entitled ``Families of U.S. Armed Forces Members and
Enlistees'' dated November 20, 2014.
(13) The memorandum from the Secretary of Homeland Security
entitled ``Directive to Provide Consistency Regarding Advance
Parole'' dated November 20, 2014.
(14) The memorandum from the Secretary of Homeland Security
entitled ``Policies to Promote and Increase Access to U.S.
Citizenship'' dated November 20, 2014.
(15) The memorandum from the President entitled
``Modernizing and Streamlining the U.S. Immigrant Visa System
for the 21st Century'' dated November 21, 2014.
(16) The memorandum from the President entitled ``Creating
Welcoming Communities and Fully Integrating Immigrants and
Refugees'' dated November 21, 2014.
(b) No Legal Effect.--The memoranda referred to in subsection (a)
(or any substantially similar policy changes issued or taken on or
after the date of the enactment of this Act, whether set forth in
memorandum, Executive order, regulation, directive, or by other action)
have no statutory or constitutional basis and therefore have no legal
effect.
(c) Prohibition on Federal Benefits.--No funds or fees made
available to the Secretary of Homeland Security, or to any other
official of a Federal agency, by any Act for any fiscal year, including
any deposits into the ``Immigration Examinations Fee Account''
established under section 286(m) of the Immigration and Nationality Act
(8 U.S.C. 1356(m)), may be used to grant any Federal benefit to any
alien pursuant to any of the policy changes set forth in the memoranda
referred to in subsection (a) (or any substantially similar policy
changes issued or taken on or after the date of the enactment of this
Act, whether set forth in memorandum, Executive order, regulation,
directive, or by other action).
SEC. 3. ADMISSION AND LAWFUL PRESENCE REQUIRED FOR EMPLOYMENT
AUTHORIZATION.
Section 274A(h)(3) of the Immigration and Nationality Act (8 U.S.C.
1324a(h)(3)) is amended--
(1) by inserting before ``authorized to be so employed by
this Act'' the following: ``an alien otherwise admitted to and
lawfully present in the United States, and''; and
(2) by inserting at the end the following: ``An alien
without lawful status shall be considered to be an unauthorized
alien for purposes of this Act.''.
SEC. 4. CONFORMING AMENDMENTS.
Section 286(n) of the Immigration and Nationality Act (8 U.S.C.
1356(n)) is amended--
(1) by striking ``(n) All'' and inserting ``(n)(1) Except
as provided in paragraph (2), all''; and
(2) by adding at the end the following:
``(2) No deposit in the `Immigration Examinations Fee Account' may
be used to implement, administer, carry out, or enforce the policies in
any of the memoranda referred to in section 2(a) of the Executive
Amnesty Prevention Act.''. | Executive Amnesty Prevention Act This bill prohibits the use of funds to implement specified memoranda from the President, the Secretary of Homeland Security, the Director of U.S. Immigration and Customs Enforcement (ICE), or other related memoranda. No deposit in the Immigration Examinations Fee Account may be used to implement, administer, or enforce the policies in such memoranda. Such memoranda or substantially similar policy changes are declared to have no statutory or constitutional basis and therefore no legal effect. No funds or fees made available to the Secretary or to any federal official may be used to grant any federal benefit to any alien pursuant to any of such policy changes. The Immigration and Nationality Act is amended to: (1) exclude from the definition of "unauthorized alien," with respect to employment, any alien otherwise admitted to and lawfully present in the United States; and (2) consider any alien without lawful status to be an unauthorized alien whose employment is unlawful. | {"src": "billsum_train", "title": "Executive Amnesty Prevention Act"} | 1,495 | 204 | 0.590623 | 1.656267 | 0.784966 | 3.459459 | 6.718919 | 0.886486 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Saving Women's Lives Act of 2002''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The renewed commitment of the world community to the
formulation of government policies that contribute to global
population stabilization and to improvements in the status of
women owes much to the efforts of the United Nations and its
specialized agencies and organizations, particularly the United
Nations Population Fund (UNFPA).
(2) Over one-half of the UNFPA's assistance is devoted to
maternal and child health programs, including the provision of
family planning services, and it is a major supplier of modern
methods of contraception. UNFPA also supports efforts aimed at
preventing the spread of HIV/AIDS and other sexually-
transmitted diseases and activities aimed specifically at
enhancing the status of women.
(3) UNFPA does not fund abortion services, rather, UNFPA
seeks to reduce the incidence of abortion by improving access
to contraceptive services and to reduce deaths and injuries
related to unsafe abortion by supporting treatment of women
suffering from its complications.
(4) Operating in over 130 nations in all regions of the
world and as a politically neutral source of funds, UNFPA
complements the important work of the United States Agency for
International Development population assistance program.
(5) The United States contribution to UNFPA last year
provided an estimated 870,000 women in the developing world
with effective modern contraception, thereby preventing 500,000
unintended pregnancies, 200,000 abortions, and thousands of
maternal and child deaths.
(6) Many global environmental problems, including water
shortages, pollution, tropical deforestation, and the loss of
wildlife habitat are linked to rapid population growth. UNFPA
has assisted countries around the world plan for and slow
population growth, therefore reducing its effects on the
environment.
(7) Assistance provided by UNFPA conforms to the principle,
affirmed at the 1994 International Conference on Population and
Development by 180 nations, including the United States, that
``all couples and individuals have the basic right to decide
freely and responsibly the number and spacing of their children
and to have the information, education, and means to do so.''.
(8) UNFPA opposes coercion in any form. All of UNFPA's
programs are designed in conformity with universally recognized
human rights principles.
(9) An appropriate way to express the legitimate concerns
of the United States Government about the population policies
of the People's Republic of China is by placing those concerns
on the bilateral agenda along with other important human rights
issues, not by singling out a United Nations agency by
withholding all funding thereby punishing the women and
families around the world who depend on its humanitarian aid.
(10) UNFPA plays a constructive role in helping to reduce
the incidence of coercive practices in China through its
country program which has been successful in eliminating
targets and quotas and promoting voluntary family planning and
informed consent in the 32 program counties. By improving
contraceptive method choice, expanding the range of
reproductive health services, and enhancing the status of
women, the UNFPA country program will help to enable the
Chinese to operationalize the human rights approach of the
International Conference on Population and Development.
(11) The United States Government provided a voluntary
contribution of $21,500,000 to UNFPA for fiscal year 2001 and
President Bush's budget request for fiscal year 2002 allocated
$25,000,000 for UNFPA.
(12) In the spring of 2001, the Secretary of State
submitted written testimony to the Committee on Foreign
Relations of the Senate expressing support for the invaluable
work of UNFPA and for securing funding for the organization.
(13) The United States Government, as part of its efforts
to improve the dire health conditions of Afghan women, pledged
in October 2001 an additional $600,000 to UNFPA to address the
reproductive health care needs of Afghan refugees in
surrounding nations and of the internally displaced within
Afghanistan.
(14) Congress demonstrated its strong bipartisan support
for a voluntary United States contribution to UNFPA of up to
$34,000,000 in adopting the fiscal year 2002 foreign operations
appropriations bill, which was passed by the House of
Representatives on a vote of 357 to 66 and by the Senate by
unanimous consent and signed into law (Public Law 107-115) by
the President on January 10, 2002.
(15) The Bush Administration ``recognizes our country's
long history of providing international health care services,
including voluntary family planning to couples around the world
who want to make free and responsible decisions about the
number and spacing of their children,'' and the President is
committed to maintaining funding for these programs ``because
he knows that one of the best ways to prevent abortion is by
providing voluntary family planning services.''.
SEC. 3. UNITED STATES VOLUNTARY CONTRIBUTION TO THE UNITED NATIONS
POPULATION FUND.
(a) Reappropriation of Funds.--Of the amounts appropriated for
``International Organizations and Programs'' under the Kenneth M.
Ludden Foreign Operations, Export Financing, and Related Programs
Appropriations Act, Fiscal Year 2002, and which remain available,
$34,000,000 for fiscal year 2002 shall be made available only for
United States voluntary contributions to the United Nations Population
Fund.
(b) Authorization of Appropriations.--In addition to amounts
otherwise available to carry out the purposes of chapter 3 of part 1 of
the Foreign Assistance Act of 1961, there are authorized to be
appropriated $50,000,000 for fiscal year 2003 to be available only for
United States voluntary contributions to the United Nations Population
Fund.
SEC. 4. LIMITATIONS ON UNITED STATES VOLUNTARY CONTRIBUTIONS TO THE
UNITED NATIONS POPULATION FUND.
(a) Prohibition on Use of Funds in China.--None of the funds made
available or authorized to be appropriated by this Act may be made
available for the United Nations Population Fund (hereinafter in this
Act referrred to as the ``UNFPA'') for a country program in the
People's Republic of China.
(b) Conditions on Availability of Funds.--Amounts made available or
authorized to be appropriated by this Act may not be made available to
UNFPA unless--
(1) the UNFPA maintains amounts made available to the UNFPA
under this Act in an account separate from other accounts of
the UNFPA;
(2) the UNFPA does not commingle amounts made available to
the UNFPA under this Act with other sums; and
(3) the UNFPA does not fund abortions as a method of family
planning. | Saving Women's Lives Act of 2002 - Authorizes appropriations for FY 2002 and 2003 for U.S. voluntary contributions to the United Nations Population Fund (UNFPA). Prohibits the availability of such funds for an UNFPA country program in China. Conditions the availability of funds to UNFPA upon its maintenance of them in a separate, non-commingled account, and on its not funding abortions as a method of family planning. | {"src": "billsum_train", "title": "To provide a United States voluntary contribution to the United Nations Population Fund."} | 1,439 | 102 | 0.475276 | 1.349178 | 0.442853 | 2.87013 | 17.12987 | 0.87013 |
SECTION 1. AGREEMENTS FOR COOPERATION WITH STATES NOT PARTY TO THE
TREATY ON THE NON-PROLIFERATION OF NUCLEAR WEAPONS.
(a) In General.--Chapter 11 of title I of the Atomic Energy Act of
1954 (42 U.S.C. 2151 et seq.) is amended by inserting after section 123
the following new section:
``nuclear cooperation with states not party to the treaty on the non-
proliferation of nuclear weapons
``Sec. 123A. a. Requirements.--Cooperation may be undertaken under
section 53, 54 a., 57, 64, 82, 103, or 104 with a state that is not a
party to the Treaty on the Non-Proliferation of Nuclear Weapons as of
January 2002, if that state--
``(1) has not carried out any nuclear weapon test explosion
or any other nuclear explosion after May 1998, and is adhering
to a unilateral moratorium on carrying out any such explosion,
or has signed and is adhering to a multilateral treaty
prohibiting any such explosion;
``(2) either--
``(A) is adhering to a unilateral moratorium on the
production of fissile material for nuclear weapons;
``(B) is adhering to a multilateral moratorium on
the production of fissile material for nuclear weapons;
or
``(C) has signed and is adhering to a multilateral
treaty banning the production of fissile material for
nuclear weapons;
``(3) has provided the United States and the International
Atomic Energy Agency with a credible and comprehensive plan to
separate all civil and military nuclear facilities, materials,
and programs;
``(4) has entered into and is implementing an agreement
with the IAEA requiring the application of safeguards in
perpetuity to civil nuclear facilities and associated nuclear
materials as declared in the plan described in paragraph (3);
``(5) has provided credible assurances, as part of the plan
described in paragraph (3), that all future nuclear reactors
that generate electricity will be designated as civil and
placed under IAEA safeguards in perpetuity;
``(6) has signed and ratified, and is implementing, an IAEA
Additional Protocol;
``(7) is playing an active and constructive role in
addressing nuclear proliferation challenges posed by states of
proliferation concern, preventing illicit nuclear transactions,
and eliminating illicit nuclear commercial networks;
``(8) has established, and is successfully implementing, a
national export control system capable of effectively
controlling transfers of nuclear and nuclear-related material,
equipment, technology, and related data, including stringent
rules and procedures prohibiting unauthorized contacts and
cooperation by personnel with nuclear expertise;
``(9) is adhering to the guidelines of the Nuclear
Suppliers Group and the Missile Technology Control Regime;
``(10) has committed not to export enrichment,
reprocessing, or other sensitive fuel-cycle equipment or
technology to states that do not possess such equipment or
technology or to any nongovernmental entity;
``(11) is applying stringent physical protection, control,
and accountancy measures to all nuclear weapons, nuclear
facilities, source material, and special nuclear material in
its territory;
``(12) is in full compliance with any nuclear cooperation
agreement previously entered into with the United States and
with any derivative obligations stemming from such agreement
that continue to apply;
``(13) is not engaged in illicit efforts to procure
materials, equipment, or technology for a nuclear weapons
program;
``(14) has a democratically-elected government that exerts
effective control over the armed forces in its territory; and
``(15) meets the requirements under paragraphs (1), (3),
(4), (5), (6), (7), (8), and (9) of section 123 a.
``b. Exclusions.--No cooperation under this section may include the
transfer of any enrichment or reprocessing equipment or technology,
heavy water, or the means to produce heavy water.
``c. Procedural Requirements.--Cooperation under this section shall
become effective only if--
``(1) the President certifies to the Congress that all the
requirements set forth in subsection a. have been met;
``(2) the President certifies to the Congress that the
agreement between the state with which an agreement for
cooperation has been entered into and the IAEA requiring the
application of safeguards in perpetuity to civil nuclear
facilities and associated nuclear materials conforms
substantially to IAEA safeguards standards, principles, and
practices;
``(3) the President, after meeting the requirements under
paragraphs (1)) and (2), submits the proposed agreement for
cooperation to the Congress, and, within a period of 60 days of
continuous session (as defined in section 130 g.) beginning on
the date of the submission, the Congress adopts, and there is
enacted, a joint resolution stating that the Congress does
favor the agreement; and
``(4) the President certifies to the Congress that the NSG
has reached a consensus decision to allow NSG participating
governments to transfer trigger list items and related
technology for use in civil nuclear facilities to the state
with which an agreement for cooperation has been entered into,
and that such decision does not allow transfers of nuclear or
nuclear-related material, equipment, or technology that is
prohibited under United States law or the terms of the
agreement for cooperation with that state.
Any such proposed agreement for cooperation shall be considered
pursuant to the procedures set forth in section 130 i. for the
consideration of Presidential submissions.
``d. Inapplicability of Certain Provisions.--
``(1) Prior activities.--Section 129 shall not apply to a
state with which an agreement for cooperation is entered into
under this section, with respect to actions by that state
before January 1, 2006.
``(2) Future activities.--Section 129(1)(D) shall not apply
to a state with which an agreement for cooperation is entered
into under this section, with respect to actions by that state
after the enactment of this section
``e. Conduct Resulting in Termination of Nuclear Exports.--
``(1) In general.--Nuclear or nuclear-related material,
equipment, or technology may not be exported to a state with
which an agreement for cooperation has been entered into under
this section if the President determines the state, or any
person or entity under the jurisdiction of the state, has--
``(A) materially violated the agreement for
cooperation with the United States,
``(B) terminated or abrogated IAEA safeguards that
the state is required to maintain,
``(C) materially violated an IAEA safeguards
agreement,
``(D) made any transfers of nuclear or nuclear-
related material, equipment or technology that do not
conform to NSG guidelines,
``(E) made any transfers of ballistic missiles or
missile-related equipment or technology that does not
conform to MTCR guidelines,
``(F) produced fissile material for nuclear
weapons,
``(G) carried out any nuclear weapon test explosion
or any other nuclear explosion, or
``(H) assisted, encouraged, or induced any non-
nuclear weapon state to engage in activities involving
source and special nuclear material and having direct
significance for the manufacture or acquisition of
nuclear explosive devices,
unless the President determines that cessation of such exports
would be seriously prejudicial to the achievement of United
States non-proliferation objectives or otherwise jeopardize the
common defense and security.
``(2) Congressional review.--
``(A) In general.--A determination of the President
under paragraph (1) regarding cessation of exports
being seriously prejudicial shall become effective only
if--
``(i) the President submits the
determination, together with a report
containing the reasons for the determination,
to the Congress; and
``(ii) during the period of 60 days of
continuous session (as defined in subsection
130 g.) after the submission of the
determination under clause (i), there is
enacted a joint resolution stating in substance
that the Congress does favor the determination.
``(B) Procedures.--Any determination of the
President submitted to the Congress under subparagraph
(A)--
``(i) shall be referred to the Committee on
International Relations of the House of
Representatives and the Committee on Foreign
Relations of the Senate; and
``(ii) shall be considered pursuant to the
procedures set forth in section 130 for the
consideration of Presidential submissions,
except that the reference in subsection f. of
that section to a concurrent resolution shall
be deemed to refer to a joint resolution.
``f. Annual Report.--For each state that has entered into an
agreement for cooperation under this section, the President shall
submit to the Congress, not later than 1 year after such agreement has
been entered into, and every 12 months thereafter, a report containing
the President's assessment of that state with respect to the matters
addressed in subparagraphs (A) through (H) of subsection e.(1).
``g. Definitions.--In this section:
``(1) IAEA.--The term `IAEA' means the International Atomic
Energy Agency.
``(2) MTCR.--The term `MTCR' means the Missile Technology
Control Regime.
``(3) NSG.--The term `NSG' means the Nuclear Suppliers
Group.''.
(b) Conforming Amendment.--Section 130 of the Atomic Energy Act of
1954 (42 U.S.C. 2159) is amended--
(1) in subsection a., by striking ``subsection 126 a. (2)''
and inserting ``section 123A e. (2), 126 a. (2)''; and
(2) in subsection i. (2), by inserting ``or 123A d.'' after
``123 d.''. | Amends the Atomic Energy Act of 1954 to set forth requirements for civilian cooperation with states that are not a party to the Treaty on the Non-Proliferation of Nuclear Weapons.
Excludes from such cooperation transfer of any enrichment or reprocessing equipment or technology, heavy water, or the means to produce heavy water. | {"src": "billsum_train", "title": "To establish sound criteria for civilian nuclear cooperation with certain countries."} | 2,189 | 73 | 0.45147 | 1.145998 | 0.730367 | 7.084746 | 34.033898 | 0.915254 |
SECTION 1. FINDINGS.
The Congress finds the following:
(1) Elouise Pepion Cobell was born on the Blackfeet
Reservation on November 5, 1945, with the Indian name ``Little
Bird Woman''.
(2) Elouise Cobell is a citizen of the Blackfeet Nation and
the great-granddaughter of Mountain Chief, a legendary Indian
leader.
(3) In 1996, Elouise Cobell filed an historic lawsuit
against the Federal Government, seeking justice for the
Government's failure to account for billions of dollars
received in trust by the United States for the benefit of
500,000 individual Indians.
(4) Throughout the prosecution of the suit that bears her
name, Elouise Cobell led the charge against governmental
malfeasance, and displayed unyielding resilience in her pursuit
of justice for this Nation's most vulnerable population.
(5) After a more than 15-year, tenacious fight with the
Government, Elouise Cobell agreed to settle the lawsuit in
December 2009 for $3,400,000,000, making it the largest
settlement with the Government in American History.
(6) Education of young people has long been a priority for
Elouise Cobell. To provide educational opportunities for Indian
children, Elouise Cobell created, as part of the lawsuit
settlement, a scholarship fund that will help Indian youth to
access higher education, academic as well as vocational.
(7) Elouise Cobell is the recipient of many awards and
honors. In 1997, she received a ``Genius Grant'' from the John
D. and Catherine T. MacArthur Foundation's Fellows program, a
portion of which was used to fund her lawsuit. Elouise Cobell
received the 2002 International Women's Forum award for ``Women
Who Make a Difference'' in Mexico City. In 2004, the National
Center for American Indian Enterprise Development presented her
with the Jay Silverheels Achievement Award. A year later, she
received a Cultural Freedom Fellowship from the Lannan
Foundation, an award that cited her persistence in bringing to
light the ``more than a century of Government malfeasance and
dishonesty'' in the Government's mismanagement of the
Individual Indian Trust. In 2007, she received an AARP Impact
Award, and in 2011 Elouise Cobell was named ``Montana Citizen
of the Year'' by the Montana Trial Lawyers Association. She has
received honorary degrees from Montana State University,
Rollins College, and Dartmouth College.
(8) Elouise Cobell is a respected leader in Indian Country
for civic and economic development. For 13 years, she served
her own tribal community as treasurer for the Blackfeet Nation,
and has served on a number of Native American organizational
boards, including the board of trustees for the National Museum
of the American Indian. Her contributions to economic
development in Indian Country are substantial, not the least of
which is her role in the establishment and management of the
Native American Bank.
(9) As a Montanan, Elouise Cobell has stayed invested in
issues affecting the Montana community by serving as a trustee
for the Nature Conservancy of Montana, while also working her
own ranch that produces cattle and crops.
(10) Elouise Cobell has changed immeasurably the lives of
individual Indians and women in the United States, North
America, and around the world through her advocacy efforts to
obtain justice for the often overlooked population of
indigenous peoples.
(11) Elouise Cobell's life and work has shined light on the
barriers confronted by individual Indians in the United States,
and her actions not only raise the national awareness of these
issues, they resolve them.
(12) Elouise Cobell is an inspiration to women, individual
American Indians and Alaska Natives, and advocates who seek to
give voice to the voiceless and most vulnerable across the
globe.
SEC. 2. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The President is authorized to
present, on behalf of the Congress, a gold medal of appropriate design
to Elouise Pepion Cobell in recognition of her outstanding and enduring
contributions to the welfare of individual Indians in the United States
and her inspiration to indigenous peoples across the globe.
(b) Design and Striking.--For the purpose of the presentation
referred to in subsection (a), the Secretary of the Treasury (in this
Act referred to as the ``Secretary'') shall strike a gold medal 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
medal struck pursuant to section 2 under such regulations as the
Secretary may prescribe, and at a price sufficient to cover the cost
thereof, including labor, materials, dies, use of machinery, overhead
expenses, and the cost of the gold medal.
SEC. 4. NATIONAL MEDALS.
The medals struck pursuant to this Act are national medals for
purposes of chapter 51 of title 31, United States Code.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS; PROCEEDS OF SALE.
(a) Authorization of Appropriations.--There is authorized to be
charged against the Numismatic Public Enterprise Fund an amount not to
exceed $30,000 to pay for the cost of the medal 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 Numismatic
Public Enterprise Fund. | Authorizes the President, on behalf of Congress, to award a gold medal of appropriate design to Elouise Pepion Cobell in recognition of her outstanding and enduring contributions to the welfare of individual Indians in this country and her inspiration to indigenous peoples across the globe. | {"src": "billsum_train", "title": "A bill to authorize the President to award a gold medal on behalf of the Congress to Elouise Pepion Cobell, in recognition of her outstanding and enduring contributions to American Indians, Alaska Natives, and the Nation through her tireless pursuit of justice."} | 1,236 | 60 | 0.508659 | 1.751507 | -0.017859 | 7.229167 | 22.458333 | 0.979167 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Uterine Fibroid Research and
Education Act of 2005''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) The development of uterine fibroids is a common and
significant health problem, affecting women, primarily of
reproductive age, across all ages, racial backgrounds, and
socioeconomic levels.
(2) It is estimated that between 20 and 30 percent of women
of reproductive age have clinically recognized uterine
fibroids, and screening studies indicate the prevalence of
uterine fibroids in women may be much higher.
(3) Minority women are more likely to develop uterine
fibroids, and through ultrasound screening of African American
and Caucasian women for fibroids, it is estimated that more
than 80 percent of African Americans and about 70 percent of
Caucasians develop fibroids by the time they reach menopause
and the tumors develop at younger ages in African Americans.
(4) Symptomatic uterine fibroids can cause heavy bleeding,
pain, and reproductive problems, including infertility. There
is no known cause of uterine fibroids.
(5) The presence of uterine fibroids is the most common
reason for hysterectomies, accounting for approximately one-
third of hysterectomies, or 200,000 procedures annually and 22
percent of African American women and 7 percent of Caucasians
have hysterectomies for fibroids.
(6) Over five billion dollars are spent annually on
hysterectomies, at approximately $6,000 for each surgery.
(7) The Evidence Report and Summary on the Management of
Uterine Fibroids, as compiled by the Agency for Healthcare
Research and Quality of the Department of Health and Human
Services, held that there is a ``remarkable lack of high
quality evidence supporting the effectiveness of most
interventions for symptomatic fibroids''.
(8) Current research and available data do not provide
adequate information on the rates of prevalence and incidents
of fibroids in Asian, Hispanic, and other minority women, the
costs associated with treating fibroids, and the methods by
which fibroids may be prevented in these women.
SEC. 3. RESEARCH WITH RESPECT TO UTERINE FIBROIDS.
(a) Research.--The Director of the National Institutes of Health
(in this section referred to as the ``Director of NIH'') shall expand,
intensify, and coordinate programs for the conduct and support of
research with respect to uterine fibroids.
(b) Administration.--The Director of NIH shall carry out this
section through the appropriate institutes, offices, and centers of the
National Institutes of Health, including the National Institute of
Child Health and Human Development, the National Institute of
Environmental Health Sciences, the Office of Research on Women's
Health, and the National Center on Minority Health and Health
Disparities.
(c) Coordination of Activities.--The Office of Research on Women's
Health shall coordinate activities under subsection (b) among the
institutes, offices, and centers of the National Institutes of Health.
(d) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $30,000,000
for each of the fiscal years 2006 through 2010.
SEC. 4. EDUCATION AND DISSEMINATION OF INFORMATION WITH RESPECT TO
UTERINE FIBROIDS.
(a) Uterine Fibroids Public Education Program.--The Secretary of
Health and Human Services, acting through the Director of the Centers
for Disease Control and Prevention, shall develop and disseminate to
the public information regarding uterine fibroids, including
information on--
(1) the incidence and prevalence of uterine fibroids among
women;
(2) the elevated risk for minority women to develop uterine
fibroids; and
(3) the availability, as medically appropriate, of a range
of treatment options for symptomatic uterine fibroids.
(b) Dissemination of Information.--The Secretary may disseminate
information under subsection (a) directly or through arrangements with
nonprofit organizations, consumer groups, institutions of higher
education, Federal, State, or local agencies, or the media.
(c) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
may be necessary for each of the fiscal years 2006 through 2010.
SEC. 5. INFORMATION TO HEALTH CARE PROVIDERS WITH RESPECT TO UTERINE
FIBROIDS.
(a) Dissemination of Information.--The Secretary of Health and
Human Services, acting through the Administrator of the Health
Resources and Services Administration, shall develop and disseminate to
health care providers information on uterine fibroids for the purpose
of ensuring that health care providers remain informed about current
information on uterine fibroids. Such information shall include the
elevated risk for minority women to develop uterine fibroids and the
range of available options for the treatment of symptomatic uterine
fibroids.
(b) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
may be necessary for each of the fiscal years 2006 through 2010.
SEC. 6. DEFINITION.
In this Act, the term ``minority women'' means women who are
members of a racial and ethnic minority group, as defined in section
1707(g) of the Public Health Service Act (42 U.S.C. 300u-6(g)). | Uterine Fibroid Research and Education Act of 2005 - Requires the Director of the National Institutes of Health (NIH) to expand, intensify, and coordinate programs for the conduct and support of uterine fibroids research.
Directs the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to develop and disseminate to the public information regarding uterine fibroids, including information on: (1) the incidence and prevalence of uterine fibroids among women; (2) the elevated risk for minority women; and (3) the availability of a range of treatment options.
Requires the Secretary, acting through the Administrator of the Health Resources and Services Administration (HRSA), to develop and disseminate uterine fibroids information to health care providers. | {"src": "billsum_train", "title": "A bill to provide for research and education with respect to uterine fibroids, and for other purposes."} | 1,226 | 178 | 0.634316 | 1.74211 | 0.512443 | 5.42953 | 6.932886 | 0.959732 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Notch Baby Act of 1993''.
SEC. 2. NEW GUARANTEED MINIMUM PRIMARY INSURANCE AMOUNT WHERE
ELIGIBILITY ARISES DURING TRANSITIONAL PERIOD.
Section 215(a) of the Social Security Act is amended--
(1) in paragraph (4)(B), by inserting ``(with or without
the application of paragraph (8))'' after ``would be made'';
and
(2) by adding at the end the following:
``(8)(A) In the case of an individual described in paragraph (4)(B)
(subject to subparagraph (F) of this paragraph), the amount of the
individual's primary insurance amount as computed or recomputed under
paragraph (1) shall be deemed equal to the sum of--
``(i) such amount, and
``(ii) the applicable transitional increase amount (if
any).
``(B) For purposes of subparagraph (A)(ii), the term `applicable
transitional increase amount' means, in the case of any individual, the
product derived by multiplying--
``(i) the excess under former law, by
``(ii) the applicable percentage in relation to the year in
which the individual becomes eligible for old-age insurance
benefits, as determined by the following table:
``If the individual
becomes eligible for
The applicable
such benefits in:
percentage is:
1979............................... 60 percent
1980............................... 35 percent
1981............................... 30 percent
1982............................... 25 percent
1983............................... 10 percent.
``(C) For purposes of subparagraph (B), the term `excess under
former law' means, in the case of any individual, the excess of--
``(i) the applicable former law primary insurance amount,
over
``(ii) the amount which would be such individual's primary
insurance amount if computed or recomputed under this section
without regard to this paragraph and paragraphs (4), (5), and
(6).
``(D) For purposes of subparagraph (C)(i), the term `applicable
former law primary insurance amount' means, in the case of any
individual, the amount which would be such individual's primary
insurance amount if it were--
``(i) computed or recomputed (pursuant to paragraph
(4)(B)(i)) under section 215(a) as in effect in December 1978,
or
``(ii) computed or recomputed (pursuant to paragraph
(4)(B)(ii)) as provided by subsection (d),
(as applicable) and modified as provided by subparagraph (E).
``(E) In determining the amount which would be an individual's
primary insurance amount as provided in subparagraph (D)--
``(i) subsection (b)(4) shall not apply;
``(ii) section 215(b) as in effect in December 1978 shall
apply, except that section 215(b)(2)(C) (as then in effect)
shall be deemed to provide that an individual's `computation
base years' may include only calendar years in the period after
1950 (or 1936 if applicable) and ending with the calendar year
in which such individual attains age 61, plus the 3 calendar
years after such period for which the total of such
individual's wages and self-employment income is the largest;
and
``(iii) subdivision (I) in the last sentence of paragraph
(4) shall be applied as though the words `without regard to any
increases in that table' in such subdivision read `including
any increases in that table'.
``(F) This paragraph shall apply in the case of any individual only
if such application results in a primary insurance amount for such
individual that is greater than it would be if computed or recomputed
under paragraph (4)(B) without regard to this paragraph.''.
SEC. 3. EFFECTIVE DATE AND RELATED RULES.
(a) Applicability of Amendments.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this Act shall be effective as though they
had been included or reflected in section 201 of the Social
Security Amendments of 1977.
(2) Prospective applicability.--No monthly benefit or
primary insurance amount under title II of the Social Security
Act shall be increased by reason of such amendments for any
month before January 1994.
(b) Recomputation to Reflect Benefit Increases.--In any case in
which an individual is entitled to monthly insurance benefits under
title II of the Social Security Act for December 1987, if such benefits
are based on a primary insurance amount computed--
(1) under section 215 of such Act as in effect (by reason
of the Social Security Amendments of 1977) after December 1978,
or
(2) under section 215 of such Act as in effect prior to
January 1979 by reason of subsection (a)(4)(B) of such section
(as amended by the Social Security Amendments of 1977),
the Secretary of Health and Human Services (notwithstanding section
215(f)(1) of the Social Security Act) shall recompute such primary
insurance amount so as to take into account the amendments made by this
Act. | Notch Baby Act of 1993 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to alter the formula for computing the primary insurance amount of individuals who attain age 65 in or after 1982 and are subject to the benefit computation rules of the Social Security Amendments of 1977. | {"src": "billsum_train", "title": "Notch Baby Act of 1993"} | 1,200 | 69 | 0.492273 | 1.080202 | 0.0531 | 2.559322 | 18.050847 | 0.830508 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children's Hospitals Education and
Research Act of 1998''.
SEC. 2. PROGRAM OF PAYMENTS TO CHILDREN'S HOSPITALS THAT OPERATE
GRADUATE MEDICAL EDUCATION PROGRAMS.
(a) Payments.--
(1) In general.--The Secretary shall make payment under
this section to each children's hospital for each hospital cost
reporting period beginning after fiscal year 1998 and before
fiscal year 2003 for the direct and indirect expenses
associated with operating approved medical residency training
programs.
(2) Capped amount.--The payment to children's hospitals
established in this subsection for cost reporting periods
ending in a fiscal year is limited to the extent of funds
appropriated under subsection (d) for that fiscal year.
(3) Pro rata reductions.--If the Secretary determines that
the amount of funds appropriated under subsection (d) for cost
reporting periods ending in a fiscal year is insufficient to
provide the total amount of payments otherwise due for such
periods, the Secretary shall reduce the amount payable under
this section for such period on a pro rata basis to reflect
such shortfall.
(b) Amount of Payment.--
(1) In general.--The amount payable under this section to a
children's hospital for direct and indirect expenses relating
to approved medical residency training programs for a cost
reporting period is equal to the sum of--
(A) the product of--
(i) the per resident rate for direct
medical education, as determined under
paragraph (2), for the cost reporting period;
and
(ii) the weighted average number of full-
time equivalent residents in the hospital's
approved medical residency training programs
(as determined under section 1886(h)(4) of the
Social Security Act) for the cost reporting
period; and
(B) the product of--
(i) the per resident rate for indirect
medical education, as determined under
paragraph (3), for the cost reporting period;
and
(ii) the number of full-time equivalent
residents in the hospital's approved medical
residency training programs for the cost
reporting period.
(2) Per resident rate for direct medical education.--
(A) In general.--The per resident rate for direct
medical education for a hospital for a cost reporting
period ending in or after fiscal year 1999 is the
updated rate determined under subparagraph (B), as
adjusted for the hospital under subparagraph (C).
(B) Computation of updated rate.--The Secretary
shall--
(i) compute a base national DME average per
resident rate equal to the average of the per
resident rates computed under section
1886(h)(2) of the Social Security Act for cost
reporting periods ending during fiscal year
1998; and
(ii) update such rate by the applicable
percentage increase determined under section
1886(b)(3)(B)(i) of such Act for the fiscal
year involved.
(C) Adjustment for variations in labor-related
costs.--The Secretary shall adjust for each hospital
the portion of such updated rate that is related to
labor and labor-related costs to account for variations
in wage costs in the geographic area in which the
hospital is located using the factor determined under
section 1886(d)(3)(E) of the Social Security Act.
(3) Per resident rate for indirect medical education.--
(A) In general.--The per resident rate for indirect
medical education for a hospital for a cost reporting
period ending in or after fiscal year 1999 is the
updated amount determined under subparagraph (B).
(B) Computation of updated amount.--The Secretary
shall--
(i) determine, for each hospital with a
graduate medical education program which is
paid under section 1886(d) of the Social
Security Act, the amount paid to that hospital
pursuant to section 1886(d)(5)(B) of such Act
for the equivalent of a full twelve-month cost
reporting period ending during the preceding
fiscal year and divide such amount by the
number of full-time equivalent residents
participating in its approved residency
programs and used to calculate the amount of
payment under such section in that cost
reporting period;
(ii) take the sum of the amounts determined
under clause (i) for all the hospitals
described in such clause and divide that sum by
the number of hospitals so described; and
(iii) update the amount computed under
clause (ii) for a hospital by the applicable
percentage increase determined under section
1886(b)(3)(B)(i) of such Act for the fiscal
year involved.
(c) Making of Payments.--
(1) Interim payments.--The Secretary shall estimate, before
the beginning of each cost reporting period for a hospital for
which a payment may be made under this section, the amount of
payment to be made under this section to the hospital for such
period and shall make payment of such amount, in 26 equal
interim installments during such period.
(2) Final payment.--At the end of each such period, the
hospital shall submit to the Secretary such information as the
Secretary determines to be necessary to determine the final
payment amount due under this section for the hospital for the
period. Based on such determination, the Secretary shall recoup
any overpayments made, or pay any balance due. The final amount
so determined shall be considered a final intermediary determination
for purposes of applying section 1878 of the Social Security Act and
shall be subject to review under that section in the same manner as the
amount of payment under section 1886(d) is subject to review under such
section.
(d) Limitation on Expenditures.--
(1) In general.--Subject to paragraph (2), there are hereby
appropriated, out of any money in the Treasury not otherwise
appropriated, for payments under this section for cost
reporting periods beginning in--
(A) fiscal year 1999 $100,000,000;
(B) fiscal year 2000, $285,000,000;
(C) fiscal year 2001, $285,000,000; and
(D) fiscal year 2002, $285,000,000.
(2) Carryover of excess.--If the amount of payments under
this section for cost reporting periods ending in fiscal year
1999, 2000, or 2001 is less than the amount provided under this
subsection for such payments for such periods, then the amount
available under this subsection for cost reporting periods
ending in the following fiscal year shall be increased by the
amount of such difference.
(e) Relation to Medicare and Medicaid Payments.--Notwithstanding
any other provision of law, payments under this section to a hospital
for a cost reporting period--
(1) are in lieu of any amounts otherwise payable to the
hospital under section 1886(h) or 1886(d)(5)(B) of the Social
Security Act to the hospital for such cost reporting period,
but
(2) shall not affect the amounts otherwise payable to such
hospitals under a State medicaid plan under title XIX of such
Act.
(f) Definitions.--In this section:
(1) Approved medical residency training program.--The term
``approved medical residency training program'' has the meaning
given such term in section 1886(h)(5)(A) of the Social Security
Act (42 U.S.C. 1395ww(h)(5)(A)).
(2) Children's hospital.--The term ``children's hospital''
means a hospital described in section 1886(d)(1)(B)(iii) of the
Social Security Act (42 U.S.C. 1395ww(d)(1)(B)(iii)).
(3) Direct graduate medical education costs.--The term
``direct graduate medical education costs'' has the meaning
given such term in section 1886(h)(5)(C) of the Social Security
Act (42 U.S.C. 1395ww(h)(5)(C)).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services. | Children's Hospitals Education and Research Act of 1998 - Directs the Secretary of Health and Human Services to make payment as specified to each children's hospital for each hospital cost reporting period between FY 1998 and 2003 for the direct and indirect expenses associated with operating approved medical residency training programs. States that such payments are in lieu of certain Medicare payments to hospitals for inpatient hospital services, but shall not affect the amounts otherwise payable to such hospitals under a State Medicaid plan. Makes appropriations for such payments for such fiscal years. | {"src": "billsum_train", "title": "Children's Hospitals Education and Research Act of 1998"} | 1,706 | 110 | 0.603709 | 1.603276 | 0.732963 | 4.45 | 15.26 | 0.89 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Speak Up to Protect Every Abused Kid
Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) children are dependent on the adults in their lives,
including parents, extended family, teachers, health care
providers, and others in their community, to ensure their
safety and well-being;
(2) data from the Administration on Children and Families
for 2013 indicate that 678,932 children in the United States
were reported as being victims of child abuse or neglect, and
1,484 of those children died as a result of such abuse or
neglect;
(3) regardless of whether an adult is legally required to
report child abuse and neglect, every adult who suspects or
knows about child abuse or neglect has a moral duty to report
such concerns to the appropriate authorities; and
(4) establishing a Federal standard for the classes of
individuals that State law establishes as mandated reporters
will protect children and ensure greater consistency among the
laws of States, while allowing States the flexibility to
establish additional classes of individuals as mandated
reporters.
SEC. 3. EDUCATIONAL CAMPAIGNS AND TRAINING.
The Child Abuse Prevention and Treatment Act is amended by
inserting after section 103 (42 U.S.C. 5104) the following:
``SEC. 103A. EDUCATIONAL CAMPAIGNS AND TRAINING.
``(a) In General.--The Secretary shall make grants to eligible
entities to carry out educational campaigns and provide evidence-based
or evidence-informed training regarding State laws for mandatory
reporting of incidents of child abuse or neglect.
``(b) Guidance and Information on Best Practices.--The Secretary
shall develop and disseminate guidance and information on best
practices for--
``(1) educational campaigns to educate members of the
public about--
``(A) the acts and omissions that constitute child
abuse or neglect under State law;
``(B) the responsibilities of adults to report
suspected and known incidents of child abuse or neglect
under State law; and
``(C) the resources available to struggling
families to help prevent child abuse and neglect; and
``(2) evidence-based or evidence-informed training programs
to improve such reporting by adults, with a focus on adults who
work with children in a professional or volunteer capacity.
``(c) Applications.--To be eligible to receive a grant under this
section, an entity shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may require. In determining whether to make a grant under this section,
the Secretary shall determine whether the educational campaign or
training proposed by the entity uses practices described in the
guidance and information developed under subsection (b).
``(d) Use of Funds.--An entity that receives a grant under this
section shall use the funds made available through the grant to carry
out an educational campaign, or provide training, described in
subsection (b).
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for fiscal year 2017
and $10,000,000 for each of fiscal years 2018 through 2021.''.
SEC. 4. GRANTS TO STATES FOR CHILD ABUSE OR NEGLECT PREVENTION AND
TREATMENT PROGRAMS.
Section 106(b) of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5106a(b)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (B), by striking ``(B) an
assurance'' and all that follows through the end of
clause (i), and inserting the following:
``(B) an assurance in the form of a certification
by the Governor of the State that the State has in
effect and is enforcing a State law, or has in effect
and is operating a statewide program, relating to child
abuse and neglect that includes--
``(i) provisions or procedures for an
individual described in paragraph (5) to report
suspected or known incidents of child abuse or
neglect to a State child protective service
agency or to a law enforcement agency, which
shall include a State law for mandatory
reporting of such incidents, to either type of
agency, by any individual described in
paragraph (5), in accordance with paragraph
(6);'';
(B) in subparagraph (F), by striking ``; and'' and
inserting ``;'';
(C) in subparagraph (G), by striking the period at
the end and inserting ``;''; and
(D) by inserting after subparagraph (G) the
following:
``(H) an assurance that the State, in developing
the State plan described in paragraph (1), has
established procedures to ensure coordination between
the State law or statewide program described in
subparagraph (B) and relevant law enforcement and State
or community-based victims' services agencies to ensure
that children who are the victims of acts by a
perpetrator other than a parent or caretaker that would
be considered child abuse or neglect under section 3(2)
if the perpetrator of such act were a parent or
caretaker, are referred for appropriate follow-up
services, even if such children do not qualify for the
protections under such State law or statewide program;
``(I) an assurance that the State will--
``(i) take primary responsibility to accept
and investigate reports of known and suspected
child abuse or neglect pertaining to an
incident that occurred in that State, even if
the child or the alleged perpetrator resides in
a different State;
``(ii) in the case of a State that takes
primary responsibility to investigate a report
as described in clause (i), share the results
of the investigation with the State where the
child resides and with the State where the
alleged perpetrator resides; and
``(iii) in the case of a State in which the
child or alleged perpetrator resides, but where
the alleged incident did not occur, establish a
plan to assist the State with primary
responsibility for the investigation; and
``(J) an assurance that the State has established
procedures to screen for domestic violence in the
course of investigating child abuse and that such
procedures--
``(i) were developed in consultation with
the State Domestic Violence Coalition (as
defined in section 302 of the Family Violence
Prevention and Services Act (42 U.S.C. 10402))
or other entity eligible for funds under
section 311 of the Family Violence Prevention
and Services Act (42 U.S.C. 10411); and
``(ii) include training and practice
requirements for investigators of child abuse
where domestic violence is also present.''; and
(2) by adding at the end the following:
``(5) Individuals required to report suspected or known
child abuse or neglect.--To satisfy the requirements of
paragraph (2)(B)(i), a State law for mandatory reporting
described in such paragraph shall require all of the following
individuals to report suspected or known incidents of child
abuse or neglect:
``(A) Individuals licensed or certified to practice
in any health-related field licensed by the State,
employees of health care facilities or providers
licensed by the State, who are engaged in the
admission, examination, care or treatment of
individuals, including mental health and emergency
medical services providers.
``(B) Individuals employed by a school who have
direct contact with children, including teachers,
administrators, and independent contractors.
``(C) Peace officers and law enforcement personnel.
``(D) Clergy, including Christian Science
practitioners, except where prohibited on account of
clergy-penitent privilege.
``(E) Day care and child care operators and
employees.
``(F) Employees of social services agencies who
have direct contact with children in the course of
employment.
``(G) Foster parents.
``(H) Court appointed special advocates (employees
and volunteers).
``(I) Camp and after-school employees.
``(J) An individual, paid or unpaid, who, on the
basis of the individual's role as an integral part of a
regularly scheduled program, activity, or service,
accepts responsibility for a child.
``(K) Other individuals, as the applicable State
law or statewide program may require.
``(6) Reporting requirement.--To satisfy the requirements
of paragraph (2)(B)(i), a State law for mandatory reporting
described in such paragraph shall require such individuals to
report suspected or known incidents of child abuse or neglect
directly to the appropriate law enforcement or child welfare
agency (as applicable under State law) and, if applicable, to
the individual's supervisor or employer.''.
SEC. 5. APPROACHES AND TECHNIQUES TO IMPROVE REPORTING.
(a) Eligibility.--Section 107(b) of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5106c(b)) is amended--
(1) in paragraph (4)--
(A) in subparagraph (A), by striking ``and'' at the
end; and
(B) by adding at the end the following:
``(C) support training for adults who work with
children in a professional or volunteer capacity, to
report suspected and known incidents of child abuse or
neglect under State law; and''; and
(2) in paragraph (5), by inserting before the period ``and
the training described in paragraph (4)(C)''.
(b) State Task Force Study.--Section 107(d) of such Act (42 U.S.C.
5106c(d)) is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period and inserting
``; and''; and
(3) by inserting after paragraph (2) the following:
``(3) evaluate the State's efforts to train adults who work
with children in a professional or volunteer capacity, to
report suspected and known incidents of child abuse or neglect
under State law.''.
(c) Adoption of Recommendations.--Section 107(e)(1) of such Act (42
U.S.C. 5106c(e)(1)) is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(D) experimental, model, and demonstration
programs for testing innovative approaches and
techniques that may improve reporting of and response
to suspected and known incidents of child abuse or
neglect by adults to the State child protective service
agencies or to law enforcement agencies.''.
SEC. 6. GENERAL PROGRAM GRANTS.
Section 108 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5106d) is amended by adding at the end the following:
``(f) Mandatory Reporting.--To be eligible to receive any form of
financial assistance under this title, a State shall include in the
corresponding plan or application an assurance that the State has in
effect a State law for mandatory reporting described in section
106(b)(2)(B)(i).''.
SEC. 7. REPORTS.
Section 110 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5106f) is amended by adding at the end the following:
``(e) Study and Report on State Mandatory Reporting Laws.--
``(1) Study.--Not later than 4 years after the date of
enactment of the Speak Up to Protect Every Abused Kid Act, the
Secretary shall collect information on and otherwise study the
efforts of States relating to State laws for mandatory
reporting of incidents of child abuse or neglect, in order to
assess the implementation of the amendments made by that Act.
``(2) Report.--
``(A) In general.--Not later than 4 years after the
date of enactment of the Speak Up to Protect Every
Abused Kid Act, the Secretary shall submit to the
appropriate committees of Congress a report containing
the findings of the study under paragraph (1).
``(B) Contents.--The report submitted under
subparagraph (A) shall--
``(i) provide an update on--
``(I) implementation of State laws
for mandatory reporting described in
section 106(b)(2)(B)(i); and
``(II) State efforts to improve
reporting on, and responding to reports
of, child abuse or neglect; and
``(ii) include data regarding any changes
in the rate of substantiated child abuse
reports and changes in the rate of child abuse
fatalities since the date of enactment of the
Speak Up to Protect Every Abused Kid Act.''.
SEC. 8. COMMUNITY-BASED GRANTS.
Section 204 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5116d) is amended--
(1) in paragraph (11), by striking ``and'' at the end;
(2) in paragraph (12), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(13) an assurance that the State has in effect a State
law for mandatory reporting described in section
106(b)(2)(B)(i).''.
SEC. 9. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this Act
takes effect on the date of enactment of this Act.
(b) Mandatory Reporting Requirements.--The amendments made by
sections 4, 5(a), 6, and 8 shall apply to the applicable plans and
applications submitted after the date that is 2 years after the date of
enactment of this Act. | Speak Up to Protect Every Abused Kid Act This bill amends the Child Abuse Prevention and Treatment Act to direct the Department of Health and Human Services (HHS) to make grants to eligible entities to carry out educational campaigns and provide evidence-based or evidence-informed training regarding state laws for mandatory reporting of incidents of child abuse or neglect. A state plan under a grant program for child abuse or neglect prevention and treatment shall contain specified assurances about: mandatory reporting of suspected or known incidents of child abuse or neglect to state child protective services agencies or law enforcement agencies; procedures to ensure coordination with law enforcement and state or community-based victims' services agencies to ensure that child abuse victims are referred for appropriate follow-up services; primary state responsibility to accept and investigate reports of known and suspected child abuse or neglect for an incident that occurred in the state, even if the child or alleged perpetrator resides in a different state; and established state procedures to screen for domestic violence in the course of investigating child abuse. The bill specifies those individuals and professionals who are required to report suspected or known incidents of child abuse or neglect. HHS shall collect information on state laws for mandatory reporting of incidents of child abuse or neglect in order to assess the implementation of the Child Abuse Prevention and Treatment Act. | {"src": "billsum_train", "title": "Speak Up to Protect Every Abused Kid Act"} | 3,065 | 268 | 0.58749 | 1.709642 | 0.928245 | 5.185771 | 11.241107 | 0.940711 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Higher Education Affordability Act
of 2010''.
SEC. 2. CONSOLIDATION OF EDUCATION TAX INCENTIVES INTO HIGHER EDUCATION
TAX CREDIT.
(a) In General.--Section 25A of the Internal Revenue Code of 1986
(relating to Hope and Lifetime Learning credits) is amended to read as
follows:
``SEC. 25A. HIGHER EDUCATION TAX CREDIT.
``(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 so much of the higher education
expenses paid by the taxpayer during the taxable year (for education
furnished during any academic period beginning in such taxable year
with respect to each student for whom an election is in effect under
this section for any taxable year) as does not exceed $3,000.
``(b) Limitations.--
``(1) Lifetime credit limitation.--The amount of the credit
allowed under subsection (a) for any taxable year with respect
to any student shall not exceed the excess of--
``(A) $15,000, over
``(B) the aggregate credit allowed under subsection
(a) with respect to such individual for all prior
taxable years.
``(2) Credit limitation based on modified adjusted gross
income.--
``(A) In general.--The amount which would (but for
this paragraph) be taken into account under subsection
(a) for the taxable year shall be reduced (but not
below $500) by the amount determined under subparagraph
(B).
``(B) Amount of reduction.--The amount determined
under this subparagraph is the amount which bears the
same ratio to the amount which would be so taken into
account as--
``(i) the excess of--
``(I) the taxpayer's modified
adjusted gross income for such taxable
year, over
``(II) the applicable amount under
subparagraph (D), bears to
``(ii) $24,000 ($48,000 in the case of a
joint return).
``(C) Modified adjusted gross income.--The term
`modified adjusted gross income' means the adjusted
gross income of the taxpayer for the taxable year
increased by any amount excluded from gross income
under section 911, 931, or 933.
``(D) Applicable amount.--The applicable amount
under this subparagraph is--
``(i) in the case of a joint return, 200
percent of the dollar amount in effect under
clause (ii) for the taxable year, and
``(ii) in any other case, $80,000.
``(3) Limitation based on amount of tax.--In the case of a
taxable year to which section 26(a)(2) does not apply, the
credit allowed under subsection (a) for the taxable year shall
not exceed the excess of--
``(A) the sum of the regular tax liability (as
defined in section 26(b)) plus the tax imposed by
section 55, over
``(B) the sum of the credits allowable under this
subpart (other than this section and section 23) and
section 27 for the taxable year.
``(c) Definitions.--For purposes of this subsection--
``(1) Higher education expense.--The term `higher education
expense' means any expense of a type which is taken into
account in determining the cost of attendance (as defined in
section 472 of the Higher Education Act of 1965, as in effect
on the date of the enactment of this section) of a student who
is--
``(A) the taxpayer,
``(B) the taxpayer's spouse, or
``(C) any dependent of the taxpayer with respect to
whom the taxpayer is allowed a deduction under section
151,
at an eligible educational institution with respect to the
attendance of such student at such institution for the academic
period for which the credit under this section is being
determined.
``(2) Eligible educational institution.--The term `eligible
educational institution' means an institution--
``(A) which is described in section 481 of the
Higher Education Act of 1965, as in effect on the date
of the enactment of the Taxpayer Relief Act of 1997,
and
``(B) which is eligible to participate in a program
under title IV of such Act.
``(d) Special Rules.--
``(1) Identification requirement.--No credit shall be
allowed under subsection (a) to a taxpayer with respect to any
individual unless the taxpayer includes the name and taxpayer
identification number of such student on the return of tax for
the taxable year.
``(2) Adjustment for certain scholarships.--The amount of
higher education expenses otherwise taken into account under
subsection (a) with respect to an individual for an academic
period shall be reduced (before the application of subsections
(a) and (b)) by the sum of any amounts paid for the benefit of
such individual which are allocable to such period as--
``(A) a qualified scholarship which is excludable
from gross income under section 117,
``(B) an educational assistance allowance under
chapter 30, 31, 32, 34, or 35 of title 38, United
States Code, or under chapter 1606 of title 10, United
States Code, and
``(C) a payment (other than a gift, bequest,
devise, or inheritance within the meaning of section
102(a)) for such student's educational expenses, or
attributable to such individual's enrollment at an
eligible educational institution, which is excludable
from gross income under any law of the United States.
``(3) Treatment of expenses paid by dependent.--If a
deduction under section 151 with respect to an individual is
allowed to another taxpayer for a taxable year beginning in the
calendar year in which such individual's taxable year begins--
``(A) no credit shall be allowed under subsection
(a) to such individual for such individual's taxable
year, and
``(B) higher education expenses paid by such
individual during such individual's taxable year shall
be treated for purposes of this section as paid by such
other taxpayer.
``(4) Treatment of certain prepayments.--If higher
education expense is paid by the taxpayer during a taxable year
for an academic period which begins during the first 3 months
following such taxable year, such academic period shall be
treated for purposes of this section as beginning during such
taxable year.
``(5) Denial of double benefit.--No credit shall be allowed
under this section for any expense for which deduction is
allowed under any other provision of this chapter.
``(6) No credit for married individuals filing separate
returns.--If the taxpayer is a married individual (within the
meaning of section 7703), this section shall apply only if the
taxpayer and the taxpayer's spouse file a joint return for the
taxable year.
``(7) Nonresident aliens.--If the taxpayer is a nonresident
alien individual for any portion of the taxable year, this
section shall apply only if such individual is treated as a
resident alien of the United States for purposes of this
chapter by reason of an election under subsection (g) or (h) of
section 6013.
``(e) Portion of Credit Refundable.--The aggregate credits allowed
to a taxpayer under subpart C shall be increased by 20 percent of the
portion of the amount of the credit which would have been allowed to
the taxpayer under this section without regard to this subsection and
the limitation under section 26(a)(2) or subsection (b)(4), as the case
may be. The amount of the credit allowed under this subsection shall
not be treated as a credit allowed under this subpart and shall reduce
the amount of credit otherwise allowable under subsection (a) without
regard to section 26(a)(2) or subsection (b)(3), as the case may be.
``(f) Election Not To Have Section Apply.--A taxpayer may elect not
to have this section apply with respect to the higher education
expenses of an individual for any taxable year.
``(g) Inflation Adjustment.--
``(1) In general.--In the case of a taxable year beginning
after 2011, the $3,000 and $15,000 amount in subsections (a)
and (b)(1), respectively, shall each be increased by an amount
equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 2010' for `calendar year 1992' in
subparagraph (B) thereof.
``(2) 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.
``(h) Regulations.--The Secretary may prescribe such regulations as
may be necessary or appropriate to carry out this section, including
regulations providing for a recapture of the credit allowed under this
section in cases where there is a refund in a subsequent taxable year
of any expense which was taken into account in determining the amount
of such credit.''.
(b) Elimination of 529 Plan Reduction for Education Credit.--Clause
(v) of section 529(c)(3)(B) of such Code is amended by striking ``shall
be reduced'' and all that follows through the period at the end and
inserting the following ``shall be reduced as provided in section
25A(g)(2).''.
(c) Conforming Amendments.--
(1) Subparagraph (B) of section 24(b)(3) of such Code is
amended by striking ``25A(i)'' and inserting ``25A''.
(2) Clause (ii) of section 25(e)(1)(C) of such Code is
amended by striking ``2A(i)'' inserting ``25A''.
(3) Paragraph (2) of section 25B(g) of such Code is amended
by striking ``25A(i)'' and inserting ``25A''.
(4) Paragraph (2) of section 1400C(d) of such Code is
amended by striking ``25A(i)'' and inserting ``25A''.
(5) Section 62(a) of such Code is amended by striking
paragraph (18).
(6) Subparagraph (A) of section 86(b)(2) of such Code is
amended by striking ``, 222''.
(7) Subparagraph (B) of section 72(t)(7) of such Code is
amended by striking ``section 25A(g)(2)'' and inserting
``section 25A(d)(2)''.
(8) Subparagraph (A) of section 135(c)(4) of such Code is
amended by striking ``, 222''.
(9) Subparagraph (A) of section 137(b)(3) of such Code is
amended by striking ``, 222''.
(10) Subparagraph (A) of section 199(d)(2) of such Code is
amended by striking ``, 222''.
(11) Clause (ii) of section 219(g)(3)(A) of such Code is
amended by striking ``, 222''.
(12) Clause (i) of section 221(b)(2)(C) of such Code is
amended by striking ``, 222''.
(13) Clause (iii) of section 469(i)(3)(F) of such Code is
amended by striking ``221, and 222'' and inserting ``and 221''.
(14) Subsection (d) of section 221 of such Code is
amended--
(A) by striking ``section 25A(g)(2)'' in paragraph
(2)(B) and inserting ``section 25A(d)(2)'', and
(B) by striking ``section 25A(f)(2)'' in the second
sentence of paragraph (2) and inserting ``section
25A(c)(2)''.
(15) Paragraph (3) of section 221(d) of such Code is
amended to read as follows:
``(3) Eligible student.--The term `eligible student' means,
with respect to any academic period, a student who--
``(A) meets the requirements of section 484(a)(1)
of the Higher Education Act of 1965 (20 U.S.C.
1091(a)(1)), as in effect on the date of the enactment
of the Taxpayer Relief Act of 1997, and
``(B) is carrying at least \1/2\ the normal full-
time workload for the course of study the student is
pursuing.''.
(16) Subclause (I) of section 529(c)(3)(B)(v) of such Code,
as amended by this Act, is amended by striking ``section
25A(g)(2)'' and inserting ``25A(d)(2)''.
(17) Clause (i) of section 529(e)(3)(B) of such Code is
amended by striking ``section 25A(b)(3)'' and inserting
``section 221(d)(3)''.
(18) Subclause (I) of section 530(d)(2)(C)(i) of such Code
is amended by striking ``section 25A(g)(2)'' and inserting
``section 25A(d)(2)''.
(19) Clause (iii) of section 530(d)(4)(B) of such Code is
amended by striking ``section 25A(g)(2)'' and inserting
``25A(d)(2)''.
(20) Section 1400O of such Code is amended by adding at the
end the following flush sentence:
``For purposes of this section, any reference to section 25A shall
be treated as a reference to such section as in effect on the day
before the date of the enactment of this sentence.''.
(21) Subsection (e) of section 6050S of such Code is
amended by striking ``subsection (g)(2)'' and inserting
``subsection (d)(2)''.
(22) Subparagraph (J) of section 6213(g)(2) of such Code is
amended by striking ``section 25A(g)(1) (relating to higher
education tuition and related expenses)'' and inserting
``section 25A(d)(1) (relating to higher education tax
credit)''.
(23) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting ``, 25A,'' after ``section
35''.
(d) Effective Date.--The amendments made by this section shall
apply to expenses paid after December 31, 2010, for education furnished
in academic periods beginning after such date. | Higher Education Affordability Act of 2010 - Amends the Internal Revenue Code to replace the Hope and lifetime learning tax credits with a partially refundable $3,000 tax credit for the higher education expenses of a taxpayer, the taxpayer's spouse, or any dependent at an institution of higher education. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to consolidate education tax benefits into one credit against income tax for higher education expenses."} | 3,339 | 64 | 0.524537 | 1.200933 | 0.401735 | 2.622642 | 55.490566 | 0.924528 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pathways to Independence Act of
2005''.
SEC. 2. STATE OPTION TO RECEIVE CREDIT FOR RECIPIENTS WHO ARE
DETERMINED BY APPROPRIATE AGENCIES WORKING IN
COORDINATION TO HAVE A DISABILITY AND TO BE IN NEED OF
SPECIALIZED ACTIVITIES.
(a) In General.--Section 407(c)(2) of the Social Security Act (42
U.S.C. 607(c)(2)) is amended by adding at the end the following:
``(E) State option to receive credit for recipients
who are determined by appropriate agencies working in
coordination to have a disability and to be in need of
specialized activities.--
``(i) Initial 3-month period.--At the
option of the State, if the State agency
responsible for administering the State program
funded under this part determines that an
individual described in clause (iv) is not able
to meet the State's full work requirements, but
is engaged in activities prescribed by the
State, the State may deem the individual as
being engaged in work for purposes of
determining monthly participation rates under
paragraphs (1)(B)(i) and (2)(B) of subsection
(b) for not more than 3 months in any 24-month
period.
``(ii) Additional 3-month period.--A State
may extend the 3-month period under clause (i)
for an additional 3 months only if, during such
additional 3-month period, the individual
engages in rehabilitative services prescribed
by the State and a work activity described in
subsection (d) for such number of hours per
month as the State determines appropriate.
``(iii) Rules for credit in succeeding
months.--
``(I) In general.-- If the State
agency responsible for administering
the State program funded under this
part works in collaboration or has a
referral relationship with other
governmental or private agencies with
expertise in disability determinations
or appropriate services plans for
adults with disabilities (including
agencies that receive funds under this
part) and one of these entities
determines that an individual treated
as being engaged in work under clauses
(i) and (ii) continues to be unable to
meet the State's full work requirements
because of the individual's disability
and continuing need for rehabilitative
services after the conclusion of the
periods applicable under such clauses,
then for purposes of determining
monthly participation rates under
paragraphs (1)(B)(i) and (2)(B) of
subsection (b), the State may receive
credit in accordance with subclause
(II) for certain activities undertaken
with respect to the individual.
``(II) Credit for activities
undertaken through collaborative agency
process.--Subject to subclause (III),
if the State undertakes to provide
services for an individual to which
subclause (I) applies through a
collaborative process that includes
governmental or private agencies with
expertise in disability determinations
or appropriate services for adults with
disabilities, the State shall be
credited for purposes of the monthly
participation rates determined under
paragraphs (1)(B)(i) and (2)(B) of
subsection (b) with the lesser of--
``(aa) the sum of the
number of hours the individual
participates in an activity
described in paragraph (1),
(2), (3), (4), (5), (6), (7),
(8), or (12) of subsection (d)
for the month and the number of
hours that the individual
participates in rehabilitation
services under this clause for
the month; or
``(bb) twice the number of
hours the individual
participates in an activity
described in paragraph (1),
(2), (3), (4), (5), (6), (7),
(8), or (12) of subsection (d)
for the month.
``(III) Limitation.--A State shall
not receive credit under this clause
towards the monthly participation rates
under paragraphs (1)(B)(i) and (2)(B)
of subsection (b) unless the State
reviews the disability determination of
an individual to which subclause (I)
applies and the activities in which the
individual is participating not less
than every 6 months.
``(iv) Individual described.--For purposes
of this subparagraph, an individual described
in this clause is an individual who the State
has determined has a disability, including a
substance abuse problem, and would benefit from
participating in rehabilitative services while
combining such participation with other work
activities.
``(v) Definition of disability.--In this
subparagraph, the term `disability' means a
physical or mental impairment, including
substance abuse, that--
``(I) constitutes or results in a
substantial impediment to employment;
or
``(II) substantially limits 1 or
more major life activities.''.
(b) Effective Date.--The amendment made by subsection (a) takes
effect on October 1, 2005. | Pathways to Independence Act of 2005 - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to give States the option to receive credit for recipients who are determined by appropriate agencies to have a disability and to be in need of specialized activities. | {"src": "billsum_train", "title": "A bill to amend part A of title IV of the Social Security Act to permit a State to receive credit towards the work requirements under the temporary assistance for needy families program for recipients who are determined by appropriate agencies working in coordination to have a disability and to be in need of specialized activities."} | 1,092 | 69 | 0.503938 | 1.321186 | 0.701495 | 4.473684 | 18.035088 | 0.859649 |
SECTION 1. FINDINGS.
Congress finds the following:
(1) On January 22, 2009, President Obama signed Executive
Order 13492, requiring the detention facilities at the
Guantanamo Bay Naval Base (Guantanamo) to be closed ``as soon
as practicable'', but not later than one year from the date of
the order.
(2) A task force of United States Government agencies,
including the Departments of Homeland Security, Defense, State,
and Justice and the Central Intelligence Agency and the Federal
Bureau of Investigation, has reportedly concluded that large
numbers of the detainees held at the United States military
facility at Guantanamo pose a severe and permanent threat
United States national security and thus should be held
indefinitely without trial under the laws of war.
(3) Despite this conclusion by United States national
security and intelligence agencies, the Obama Administration
continues to plan for additional transfers of detainees to
other countries.
(4) According to a report by the Government Accountability
Office, as of March 2009, the principal ``rehabilitation
center'' in Saudi Arabia used to rehabilitate 250 former
Guantanamo detainees in order to prevent such detainees from
resuming their war on the United States had a recidivism rate
of 20 percent.
(5) In July 2007, a Department of Defense spokesman stated
that, ``Our reports indicate that at least 30 former Guantanamo
detainees have taken part in anti-coalition militant activities
after leaving United States detention. Some have been killed in
combat in Afghanistan and Pakistan.''. According to the
Department of Defense, the recidivism rate of all former
Guantanamo detainees was 14 percent in May 2009.
(6) In some instances, countries and organizations have
expressed strong reluctance to accept any or additional former
Guantanamo detainees, citing security as their primary concern,
such as:
(A) Australia: ``Assessing those requests from a
case-by-case basis, they had not met our stringent
national security and immigration criteria and have
been rejected.'', stated Julia Gillard, Acting
Australian Prime Minister, on January 3, 2009.
(B) Hungary: ``Hungary is likely to take one or two
former detainees provided they get the green light from
parliament after a national security check-up. . . . We
are going to study each case, taking the safety of
Hungary and of Hungarians as our first priority.'',
announced Hungarian Foreign Ministry Spokeswoman
Zsuzsanna Matrai on June 19, 2009.
(C) Switzerland: On January 12, 2010, in a 15-10
vote, a Swiss Parliamentary Security Committee voted
against accepting any more detainees from Guantanamo,
citing ``heightened'' security concerns due to the
Christmas Detroit bombing attempt.
(D) European Parliament: ``Many of the detainees,
for example, who went to Afghanistan after September
11, [2001,] have attended training camps for
terrorists. And those who did so were no tourists
wanting to admire the beauty of the country, but remain
potential terrorists.'', stated Harthmuth Nassauer, a
German member of the European Parliament, on February
4, 2009.
SEC. 2. PROHIBITION ON USE OF FUNDS FOR TRANSFER OR RELEASE OF
INDIVIDUALS DETAINED AT GUANTANAMO BAY NAVAL BASE.
(a) In General.--Notwithstanding any other provision of law, no
funds made available to any relevant executive branch agency may be
used to encourage, facilitate, or otherwise effect the transfer or
release of any individual currently detained at Guantanamo to the
custody of the individual's country of origin or a third country unless
the President makes the certification described in subsection (b).
(b) Presidential Certification.--The certification described in
this subsection is a written certification that the President submits
to the appropriate congressional committees that contains each of the
following with respect to an individual currently detained at
Guantanamo or an individual covered by this section who is proposed to
be transferred or released into the custody of another country:
(1) A certification that the government of the country--
(A) exercises effective control over all of its
territory;
(B) does not allow any area of its territory to be
used as a safe haven or sanctuary by terrorists or
insurgent groups, including Al Qaeda; and
(C) has effectively and verifiably tracked the
movements and activities of all individuals who had
been detained at Guantanamo who are transferred or
released into its custody, including any individual who
may have subsequently left the country, and has
provided the United States Government with all relevant
information relating thereto.
(2) A certification that there is no confirmed case of any
individual who had been detained at Guantanamo who reengaged in
any actual or planned act of terrorism or threat to United
States citizens or members of the United States Armed Forces
subsequent to being transferred or released to such country.
(c) Additional Prohibition.--
(1) In general.--Notwithstanding any other provision of
law, no funds made available to the Department of State may be
used to provide assistance to the government of a country to
which an individual currently detained at Guantanamo is to be
transferred or released for use by the security forces of such
country unless the President makes the certification described
in subsection (b).
(2) Waiver.--The President may waive the prohibition of
paragraph (1) if the President determines that--
(A) it is vital to the national security of the
United States to do so; and
(B) the government of the country has taken
effective action to meet the requirements of subsection
(b).
SEC. 3. REPORT.
(a) In General.--Accompanying each certification submitted pursuant
to section 2(b), and every 90 days thereafter, the Secretary of State
shall submit to the appropriate congressional committees a report that
describes--
(1) the ability and willingness of the government of the
country to which an individual currently detained at Guantanamo
is to be transferred or released to continuously track the
movements and activities of all individuals who have been
detained at Guantanamo who have been transferred or released to
such country, including any such individuals who have
subsequently left the country;
(2) any activity by any individual who had been detained at
Guantanamo who has been transferred or released to such country
that has contributed to any actual or planned act of terrorism
or threat to United States citizens or members of the United
States Armed Forces subsequent to being transferred or released
to such country;
(3) the extent to which the government of the country has
provided the information described in paragraphs (1) and (2) to
United States Government authorities; and
(4) the steps taken by the government of the country to
comply with the requirements in this Act.
(b) Form.--The report required by subsection (a) shall be submitted
in an unclassified form, but may contain a classified annex.
SEC. 4. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on Appropriations of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate.
(2) Individual currently detained at guantanamo.--The term
``individual currently detained at Guantanamo'' has the meaning
given the term under section 1(c) of Executive Order 13492.
(3) Relevant executive branch agency.--The term ``relevant
executive branch agency'' means--
(A) the Department of State;
(B) the United States Agency for International
Development; and
(C) any other United States Government department,
agency, instrumentality, or representative carrying out
any provision of law that is classified under Budget
Function 150 (International Affairs).
(4) Sanctuary.--The term ``sanctuary'' has the meaning
given the term in section 140(d)(5) of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C.
2656f(d)(5)). | Prohibits funds from being made available to any specified U.S. agency, instrumentality, or representative for the transfer or release any individual currently detained at Guantanamo Bay Naval Base to the custody of the individual's country of origin or a third country unless the President certifies to Congress that: (1) the government of the country controls all of its territory, does not allow its territory to be used as a safe haven by terrorists or insurgent groups, including Al Qaeda, and has effectively tracked the activities of all Guantanamo-detained individuals who are transferred into its custody; and (2) there is no confirmed case of any Guantanamo-detained individual who reengaged in any actual or planned act of terrorism against U.S. citizens or members of the U.S. Armed Forces.
Prohibits, with a national security waiver, funds made available to the Department of State from being used for assistance to the government of a country to which an individual currently detained at Guantanamo is to be transferred or released for use by such country's security forces unless the President makes such certification. | {"src": "billsum_train", "title": "To prohibit the use of funds to transfer or release an individual detained at Guantanamo Bay Naval Base to the custody of another country."} | 1,804 | 252 | 0.381664 | 1.170014 | 0.660645 | 4.685 | 8.18 | 0.955 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Helping Educators Support All
Students Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Approximately 1 in 5 children have a diagnosable mental
illness.
(2) Fifty percent of all lifetime cases of mental illness
begin by age 14, and 75 percent by age 24.
(3) Fifty percent of students with a mental illness, age 14
years and older, drop out of high school.
(4) For youth between the ages of 10 and 24, suicide is the
third leading cause of death, and an estimated 90 percent have
a diagnosable mental health condition.
(5) One in 10 children and adolescents suffer from mental
illness severe enough to cause some level of impairment, but
only 1 in 5 of such children receive specialty mental health
services.
SEC. 3. TRAINING TEACHERS AND SCHOOL PROFESSIONALS IN UNDERSTANDING
MENTAL HEALTH CONDITIONS IN CHILDREN.
(a) In General.--Subpart 2 of part A of title IV of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7131 et seq.) is amended
by adding at the end the following:
``SEC. 4131. TRAINING TEACHERS AND SCHOOL PROFESSIONALS IN
UNDERSTANDING MENTAL HEALTH CONDITIONS IN CHILDREN.
``(a) Program Authorized.--
``(1) In general.--The Secretary shall award grants to
eligible State educational agencies to enable such agencies to
award subgrants to eligible local educational agencies to
support an existing, or develop a new, program that will
educate teachers, school personnel, and specialized
instructional support personnel on mental health conditions in
children, including the causes, symptoms, and impact on
learning.
``(2) Definitions.--In this section:
``(A) Eligible local educational agency.--The term
`eligible local educational agency' means a local
educational agency or a local educational agency in
partnership with a mental health organization, family
advocacy organization, or community nonprofit
organization.
``(B) Eligible state educational agency.--The term
`eligible State educational agency' means a State
educational agency or a State educational agency in
partnership with a mental health organization, family
advocacy organization, or community nonprofit
organization.
``(C) School personnel.--The term `school
personnel' means administrators, administrative staff,
custodial staff, cafeteria staff, transportation staff,
and other school-employed staff who interact with
students.
``(D) Specialized instructional support
personnel.--The term `specialized instructional support
personnel' means school counselors, school social
workers, school psychologists, and other qualified
professional personnel involved in providing
assessment, diagnosis, counseling, educational,
therapeutic, and other necessary services (including
related services, as defined in section 602 of the
Individuals with Disabilities Education Act) as part of
comprehensive program to meet student needs.
``(b) Grants.--
``(1) Applications.--An eligible State educational agency
that desires to receive a grant under this section shall submit
an application to the Secretary at such time, in such manner,
and accompanied by such information as the Secretary may
require.
``(2) Activities.--An eligible State educational agency
that receives a grant under this section shall use the grant
funds to award subgrants to eligible local educational agencies
in accordance with subsection (c).
``(c) Subgrants.--
``(1) Application.--
``(A) In general.--An eligible local educational
agency that desires to receive a subgrant under this
section shall submit an application to the eligible
State educational agency at such time, in such manner,
and accompanied by such information as the eligible
State educational agency may require.
``(B) Description of utilization.--An application
submitted under subparagraph (A) shall include a
description of how the local educational agency will
utilize school counselors, school psychologists, school
social workers, or community organizations with
expertise in the lived experience of mental illness, in
developing and conducting the training described in
paragraph (2).
``(2) Training.--
``(A) In general.--An eligible local educational
agency that receives a subgrant under this section
shall support an existing training program developed by
either the school or a community organization with
expertise in the lived experience of mental illness, or
develop a new program, in which school counselors,
school psychologists, and school social workers develop
and provide training to teachers, school personnel, and
specialized instructional support personnel in
understanding the mental health needs of children. Such
program shall include an annual in-service training
program to enable such teachers, school personnel, and
specialized instructional support personnel--
``(i) to better understand mental health
conditions and the early warning signs in
children and adolescents;
``(ii) to best communicate with families
about these concerns;
``(iii) to identify classroom strategies
for working effectively with children with
mental health conditions; and
``(iv) to understand school specific
information, including, as appropriate, how
schools are--
``(I) assisting in linking students
to supports and services; and
``(II) providing information on the
school's mental health services and
supports, including school social work
and psychological services, as well as
the school's referral process for
additional school-linked services
connecting to community mental health
professionals.
``(B) Family perspective.--A training program
described in subparagraph (A) shall incorporate family
and parent perspectives.
``(C) Training program for all areas of the state
and for personnel serving indian children.--
``(i) Urban and rural areas.--In awarding
subgrants under this section, a State
educational agency shall ensure training
programs described under subparagraph (A) are
available for teachers, school personnel, and
specialized instructional support personnel in
urban and rural areas across the State.
``(ii) Indian children.--A State
educational agency that receives a grant under
this section shall award subgrants to eligible
local educational agencies described in section
7112(b)(1) and Indian tribes described in
section 7112(c).
``(D) School based mental health services
providers.--A training program described in
subparagraph (A) shall include a school-based mental
health service provider and a community organization
with expertise in the lived experience of mental
illness, whenever possible, to maximize training
outcomes and facilitate coordinated referrals when more
intensive community services are needed.
``(3) Guidelines.--In carrying out a training program
described in paragraph (2), an eligible local educational
agency may--
``(A) report to the Secretary on the agency's
commitment to students with mental illness through
innovative programs, resource development, and the
development of a mental health curriculum and
activities that focus on raising awareness within
schools of early onset mental health conditions and
linking students with effective mental health services
and supports;
``(B) describe existing school-community
partnerships that provide effective clinical services
to students with severe mental health needs;
``(C) describe how the agency will measure
outcomes, as described in subsection (d), specifically
for students with serious mental health needs;
``(D) describe how the training program will be
effective for teachers, school personnel, and
specialized instructional support personnel in
culturally and linguistically diverse school
communities; and
``(E) describe any strong links to the community
mental health system and community mental health
providers through interagency collaboration, including
documenting--
``(i) the extent of the interagency
collaboration (including the engagement in
joint activities); and
``(ii) the dates during which the
collaboration has been in effect and any
outcomes that have been achieved as a result of
this activity.
``(d) Evaluations and Measures of Outcomes.--
``(1) In general.--The Secretary shall develop measures of
outcomes for eligible local educational agencies that receive
subgrants under this section, in order to evaluate the
effectiveness of programs carried out under the subgrant.
``(2) Outcomes.--The measures of outcomes described in
paragraph (1) shall include, at a minimum, provisions to
evaluate--
``(A) the effectiveness of comprehensive school
mental health training programs established under this
section;
``(B) the effectiveness of formal partnership
linkages among child and family serving institutions,
community support systems, and the educational system,
if applicable;
``(C) the effectiveness of the training program in
culturally and linguistically diverse school
communities;
``(D) the improvement in understanding mental
health conditions with the purpose of providing a safe
and supportive learning environment among school staff,
students, and parents;
``(E) the improvement in--
``(i) case-finding of students in need of
more intensive services;
``(ii) effective communication with
families; and
``(iii) referral of identified students
with mental health related concerns for an
evaluation for services and supports;
``(F) the reduction in the number of students with
mental health conditions and those identified as
children with disabilities under the emotional
disturbance and other health impairment categories of
the Individuals with Disabilities Education Act who are
suspended and an increase in the number of such
students who graduate from high school; and
``(G) the increased successful matriculation to
postsecondary school.
``(e) Data Collection Component.--
``(1) Annual data submissions and reports.--
``(A) Data submission.--
``(i) Local educational agencies.--An
eligible local educational agency that receives
a subgrant under this section shall annually
submit to the eligible State educational agency
a report that includes data to evaluate the
success of the program carried out by the
eligible local educational agency. Such reports
shall utilize the measures of outcomes
described in subsection (d).
``(ii) State educational agencies.--An
eligible State educational agency that receives
a grant under this section shall annually
submit to the Secretary a report that includes
data from the reports submitted to the agency
from eligible local educational agencies
pursuant to clause (i).
``(B) Report to congress.--Not later than 6 months
after the date the Secretary receives reports under
subparagraph (A)(ii), the Secretary shall compile the
data in the reports and conduct a general analysis of
the success of the programs carried out by the local
educational agencies involved with subgrant funds
received under this section. The Secretary shall
prepare a report containing the compilation and general
analysis, and submit the report to the Committee on
Health, Education, Labor, and Pensions of the Senate
and the Committee on Education and the Workforce of the
House of Representatives.
``(2) Evaluation and report.--
``(A) Evaluation.--Not later than 12 months after
the end of the initial subgrant period for eligible
local educational agencies under this section, the
Secretary shall conduct an in-depth evaluation of the
success of the programs carried out by the local
educational agencies with subgrant funds received under
this section.
``(B) Report to congress.--The Secretary shall
prepare a report containing the in-depth evaluation,
and submit the report to the Committee on Health,
Education, Labor, and Pensions of the Senate and the
Committee on Education and the Workforce of the House
of Representatives.
``(f) Terms and Cost of the Grant.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal year 2014 and each of the 4 succeeding fiscal years.''.
(b) Table of Contents.--The table of contents in section 2 of the
Elementary and Secondary Education Act of 1965 is amended by inserting
after the item relating to section 4130 the following:
``Sec. 4131. Training teachers and school professionals in
understanding the mental health needs of
children.''. | Helping Educators Support All Students Act - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to award grants to states and, through them, subgrants to local educational agencies (LEAs) to support or develop programs that will train teachers, school personnel, and specialized instructional support personnel regarding mental health conditions in children. Includes as grant and subgrant recipients, states and LEAs that partner with a mental health organization, family advocacy organization, or community nonprofit organization. Requires subgrantees to utilize school counselors, school psychologists, school social workers, or community organizations with experience in mental illness in developing and conducting the training. Requires the training program to include an annual in-service training component that enables teachers, school personnel, and specialized instructional support personnel to: (1) better understand mental health conditions and the early warning signs in children and adolescents; (2) effectively communicate their mental health concerns with families and consider family perspectives; (3) identify classroom strategies for working effectively with troubled children; and (4) understand school specific information, including links to mental health services and supports in the school and community. Directs the Secretary to develop outcome measures that the Secretary is to use to conduct an in-depth evaluation of the effectiveness of the training programs. | {"src": "billsum_train", "title": "Helping Educators Support All Students Act"} | 2,600 | 275 | 0.616941 | 1.745503 | 0.980794 | 3.556911 | 10.052846 | 0.914634 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access to Books for Children Act''
or the ``ABC Act''.
SEC. 2. AMENDMENT TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF
1965.
Part E of title X of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 8131 et seq.) is amended to read as follows:
``PART E--ACCESS TO BOOKS FOR CHILDREN (ABC)
``SEC. 10500. PURPOSE.
``It is the purpose of this part to provide children with better
access to books and other reading materials and resources from birth to
adulthood, including opportunities to own books.
``Subpart 1--Inexpensive Book Distribution Program
``SEC. 10501. INEXPENSIVE BOOK DISTRIBUTION PROGRAM FOR READING
MOTIVATION.
``(a) Authorization.--The Secretary is authorized to enter into a
contract with Reading is Fundamental (RIF) (hereafter in this section
referred to as `the contractor') to support and promote programs, which
include the distribution of inexpensive books to students, that
motivate children to read.
``(b) Requirements of Contract.--Any contract entered into under
subsection (a) shall--
``(1) provide that the contractor will enter into
subcontracts with local private nonprofit groups or
organizations, or with public agencies, under which each
subcontractor will agree to establish, operate, and provide the
non-Federal share of the cost of reading motivation programs
that include the distribution of books, by gift, to the extent
feasible, or loan, to children from birth through secondary
school age, including those in family literacy programs;
``(2) provide that funds made available to subcontractors
will be used only to pay the Federal share of the cost of such
programs;
``(3) provide that in selecting subcontractors for initial
funding, the contractor will give priority to programs that
will serve a substantial number or percentage of children with
special needs, such as--
``(A) low-income children, particularly in high-
poverty areas;
``(B) children at risk of school failure;
``(C) children with disabilities;
``(D) foster children;
``(E) homeless children;
``(F) migrant children;
``(G) children without access to libraries;
``(H) institutionalized or incarcerated children;
and
``(I) children whose parents are institutionalized
or incarcerated;
``(4) provide that the contractor will provide such
technical assistance to subcontractors as may be necessary to
carry out the purpose of this section;
``(5) provide that the contractor will annually report to
the Secretary the number of, and describe, programs funded
under paragraph (3); and
``(6) include such other terms and conditions as the
Secretary determines to be appropriate to ensure the
effectiveness of such programs.
``(c) Restriction on Payments.--The Secretary shall make no payment
of the Federal share of the cost of acquiring and distributing books
under any contract under this section unless the Secretary determines
that the contractor or subcontractor, as the case may be, has made
arrangements with book publishers or distributors to obtain books at
discounts at least as favorable as discounts that are customarily given
by such publisher or distributor for book purchases made under similar
circumstances in the absence of Federal assistance.
``(d) Definition of `Federal Share'.--For the purpose of this
section, the term `Federal share' means, with respect to the cost to a
subcontractor of purchasing books to be paid under this section, 75
percent of such costs to the subcontractor, except that the Federal
share for programs serving children of migrant or seasonal farmworkers
shall be 100 percent of such costs to the subcontractor.
``(e) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $25,000,000
for fiscal year 2001 and such sums as may be necessary for each of the
four succeeding fiscal years.
``Subpart 2--Local Partnerships for Books
``SEC. 10511. LOCAL PARTNERSHIPS FOR BOOKS.
``(a) Authorization.--The Secretary is authorized to enter into a
contract with a national organization (referred to in this section as
the `contractor') to support and promote programs that--
``(1) pay the Federal share of the cost of distributing at
no cost new books to disadvantaged children and families
primarily through tutoring, mentoring, and family literacy
programs; and
``(2) promote the growth and strengthening of local
partnerships with the goal of leveraging the Federal book
distribution efforts and building upon the work of community
programs to enhance reading motivation for at-risk children.
``(b) Requirements of Contract.--Any contract entered into under
subsection (a) shall--
``(1) provide that the contractor will provide technical
support and initial resources to local partnerships to support
efforts to provide new books to those tutoring, mentoring, and
family literacy programs reaching disadvantaged children;
``(2) provide that funds made available to subcontractors
will be used only to pay the Federal share of the cost of such
programs;
``(3) provide that the contractor, working in cooperation
with the local partnerships, will give priority to those
tutoring, mentoring, and family literacy programs that serve
children and families with special needs, predominantly those
children from economically disadvantaged families and those
children and families without access to libraries;
``(4) provide that the contractor will annually report to
the Secretary regarding the number of books distributed, the
number of local partnerships created and supported, the number
of community tutoring, mentoring, and family literacy programs
receiving books for children, and the number of children
provided with books; and
``(5) include such other terms and conditions as the
Secretary determines to be appropriate to ensure the
effectiveness of the program.
``(c) Restriction on Payments.--The Secretary shall require the
contractor to ensure that the discounts provided by publishers and
distributors for the new books purchased under this section is at least
as favorable as discounts that are customarily given by such publishers
or distributors for book purchases made under similar circumstances in
the absence of Federal assistance.
``(d) Definition of Federal Share.--For the purpose of this
section, the term `Federal share' means, with respect to the cost of
purchasing books under this section, 50 percent of the cost to the
contractor, except that the Federal share for programs serving children
of migrant or seasonal farmworkers shall be 100 percent of such costs
to the contractor.
``(e) Matching Requirement.--The contractor shall provide for
programs under this section, either directly or through private
contributions, in cash or in-kind, non-Federal matching funds equal to
not less than 50 percent of the amount provided to the contractor under
this section.
``(f) Authorization of Appropriation.--For the purpose of carrying
out this section, there are authorized to be appropriated $10,000,000
for the fiscal year 2001 and such sums as may be necessary for each of
the 4 succeeding fiscal years.
``Subpart 3--Partnerships for Infants and Young Children
``SEC. 10521. PARTNERSHIPS FOR INFANTS AND YOUNG CHILDREN.
``(a) Programs Authorized.--The Secretary is authorized to enter
into a contract with a national organization (referred to in this
section as the `contractor') to support and promote programs that--
``(1) include the distribution of free books to children 5
years of age and younger, including providing guidance from
pediatric clinicians to parents and guardians with respect to
reading aloud with their young children; and
``(2) help build the reading readiness skills the children
need to learn to read once the children enter school.
``(b) Requirements of Contract.--Any contract entered into under
subsection (a) shall--
``(1) provide that the contractor will enter into
subcontracts with local private nonprofit groups or
organizations or with public agencies under which each
subcontractor will agree to establish, operate, and provide the
non-Federal share of the cost of reading motivation programs
that include the distribution of books by gift, to the extent
feasible, or loan to children from birth through 5 years of
age, including those children in family literacy programs;
``(2) provide that funds made available to subcontractors
will be used only to pay the Federal share of the cost of such
programs;
``(3) provide that in selecting subcontractors for initial
funding under this section, the contractor will give priority
to programs that will serve a substantial number or percentage
of children with special needs, such as--
``(A) low-income children, particularly low-income
children in high-poverty areas;
``(B) children with disabilities;
``(C) foster children;
``(D) homeless children;
``(E) migrant children;
``(F) children without access to libraries;
``(G) children without adequate medical insurance;
and
``(H) children enrolled in a State medicaid program
under title XIX of the Social Security Act;
``(4) provide that the contractor will provide such
technical assistance to subcontractors as may be necessary to
carry out this section;
``(5) provide that the contractor will annually report to
the Secretary on the effectiveness of the national program and
the effectiveness of the local programs funded under this
section, including a description of the national program and of
each of the local programs; and
``(6) include such other terms and conditions as the
Secretary determines to be appropriate to ensure the
effectiveness of such programs.
``(c) Restriction on Payments.--The Secretary shall make no payment
of the Federal share of the cost of acquiring and distributing books
under any contract under this section unless the Secretary determines
that the contractor or subcontractor, as the case may be, has made
arrangements with book publishers or distributors to obtain books at
discounts at least as favorable as discounts that are customarily given
by such publisher or distributor for book purchases made under similar
circumstances in the absence of Federal assistance.
``(d) Definition of Federal Share.--In this section with respect to
the cost to a subcontractor of purchasing books to be paid under this
section, the term `Federal share' means 50 percent of such costs to the
subcontractor, except that the Federal share for programs serving
children of migrant or seasonal farmworkers shall be 100 percent of
such costs to the subcontractor.
``(e) Matching Requirement.--The contractor shall provide for
programs under this section, either directly or through private
contributions, in cash or in-kind, non-Federal matching funds equal to
not less than 50 percent of the amount provided to the contractor under
this section.
``(f) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $10,000,000
for fiscal year 2001 and such sums as may be necessary for each of the
4 succeeding fiscal years.
``Subpart 4--Evaluation
``SEC. 10531. EVALUATION.
``(a) In General.--The Secretary shall annually conduct an
evaluation of--
``(1) programs carried out under this part to assess the
effectiveness of such programs in meeting the purpose of this
part and the goals of each subpart; and
``(2) the effectiveness of local literacy programs
conducted under this part that link children with book
ownership and mentoring in literacy.
``(b) Authorization of Appropriations.--For purposes of carrying
out this section, there is authorized to be appropriated $500,000 for
fiscal year 2001, and such sums as may be necessary in each of the 4
succeeding fiscal years.''. | Extends the authorization of appropriations for the Inexpensive Book Distribution Program, under which the Secretary of Education contracts with Reading Is Fundamental (RIF).
Establishes and authorizes appropriations for the following new programs. Authorizes the Secretary to: (1) contract with a national organization to support programs that pay the Federal share of the cost of distributing books to disadvantaged children and families through tutoring, mentoring, and family education, and to promote local partnerships to leverage Federal book distribution efforts and build on community programs to enhance reading motivation for at- risk children (Local Partnerships for Books program); (2) contract with a national organization to support programs that distribute books to children five years of age and younger, provide guidance from pediatric clinicians to parents and guardians in reading aloud to children, and help build reading readiness skills (Partnerships for Infants and Young Children program); and (3) annually evaluate part E programs and local literacy programs conducted under part E that link children with book ownership and mentoring in literacy. | {"src": "billsum_train", "title": "ABC Act"} | 2,607 | 218 | 0.587293 | 1.638528 | 0.919244 | 3.647668 | 12.725389 | 0.932642 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gasoline Regulations Act of 2012''.
SEC. 2. TRANSPORTATION FUELS REGULATORY COMMITTEE.
(a) Establishment.--The President shall establish a committee to be
known as the Transportation Fuels Regulatory Committee (in this Act
referred to as the ``Committee'') to analyze and report on the
cumulative impacts of certain rules and actions of the Environmental
Protection Agency on gasoline, diesel fuel, and natural gas prices, in
accordance with sections 3 and 4.
(b) Members.--The Committee shall be composed of the following
officials (or their designees):
(1) The Secretary of Energy, who shall serve as the Chair
of the Committee.
(2) The Secretary of Transportation, acting through the
Administrator of the National Highway Traffic Safety
Administration.
(3) The Secretary of Commerce, acting through the Chief
Economist and the Under Secretary for International Trade.
(4) The Secretary of Labor, acting through the Commissioner
of the Bureau of Labor Statistics.
(5) The Secretary of the Treasury, acting through the
Deputy Assistant Secretary for Environment and Energy of the
Department of the Treasury.
(6) The Secretary of Agriculture, acting through the Chief
Economist.
(7) The Administrator of the Environmental Protection
Agency.
(8) The Chairman of the United States International Trade
Commission, acting through the Director of the Office of
Economics.
(9) The Administrator of the Energy Information
Administration.
(c) Consultation by Chair.--In carrying out the functions of the
Chair of the Committee, the Chair shall consult with the other members
of the Committee.
(d) Termination.--The Committee shall terminate 60 days after
submitting its final report pursuant to section 4(c).
SEC. 3. ANALYSES.
(a) Scope.--The Committee shall conduct analyses, for each of the
calendar years 2016 and 2020, of the cumulative impact of all covered
rules, in combination with covered actions.
(b) Contents.--The Committee shall include in each analysis
conducted under this section the following:
(1) Estimates of the cumulative impacts of the covered
rules and covered actions with regard to--
(A) any resulting change in the national, State, or
regional price of gasoline, diesel fuel, or natural
gas;
(B) required capital investments and projected
costs for operation and maintenance of new equipment
required to be installed;
(C) global economic competitiveness of the United
States and any loss of domestic refining capacity;
(D) other cumulative costs and cumulative benefits,
including evaluation through a general equilibrium
model approach; and
(E) national, State, and regional employment,
including impacts associated with changes in gasoline,
diesel fuel, or natural gas prices and facility
closures.
(2) Discussion of key uncertainties and assumptions
associated with each estimate under paragraph (1).
(3) A sensitivity analysis reflecting alternative
assumptions with respect to the aggregate demand for gasoline,
diesel fuel, or natural gas.
(4) Discussion, and where feasible an assessment, of the
cumulative impact of the covered rules and covered actions on--
(A) consumers;
(B) small businesses;
(C) regional economies;
(D) State, local, and tribal governments;
(E) low-income communities;
(F) public health; and
(G) local and industry-specific labor markets,
as well as key uncertainties associated with each topic listed
in subparagraphs (A) through (G).
(c) Methods.--In conducting analyses under this section, the
Committee shall use the best available methods, consistent with
guidance from the Office of Information and Regulatory Affairs and the
Office of Management and Budget Circular A-4.
(d) Data.--In conducting analyses under this section, the Committee
is not required to create data or to use data that is not readily
accessible.
(e) Covered Rules.--In this section, the term ``covered rule''
means the following rules (and includes any successor or substantially
similar rules):
(1) ``Control of Air Pollution From New Motor Vehicles:
Tier 3 Motor Vehicle Emission and Fuel Standards'', as
described in the Unified Agenda of Federal Regulatory and
Deregulatory Actions under Regulatory Identification Number
2060-AQ86.
(2) Any rule proposed after March 15, 2012, establishing or
revising a standard of performance or emission standard under
section 111 or 112 of the Clean Air Act (42 U.S.C. 7411, 7412)
that is applicable to petroleum refineries.
(3) Any rule proposed after March 15, 2012, for
implementation of the Renewable Fuel Program under section
211(o) of the Clean Air Act (42 U.S.C. 7545(o)).
(4) ``National Ambient Air Quality Standards for Ozone'',
published at 73 Federal Register 16436 (March 27, 2008);
``Reconsideration of the 2008 Ozone Primary and Secondary
National Ambient Air Quality Standards'', as described in the
Unified Agenda of Federal Regulatory and Deregulatory Actions
under Regulatory Identification Number 2060-AP98; and any
subsequent rule revising or supplementing the national ambient
air quality standards for ozone under section 109 of the Clean
Air Act (42 U.S.C. 7409).
(f) Covered Actions.--In this section, the term ``covered action''
means any action, to the extent such action affects facilities involved
in the production, transportation, or distribution of gasoline, diesel
fuel, or natural gas, taken on or after January 1, 2009, by the
Administrator of the Environmental Protection Agency, a State, a local
government, or a permitting agency as a result of the application of
part C of title I (relating to prevention of significant deterioration
of air quality), or title V (relating to permitting), of the Clean Air
Act (42 U.S.C. 7401 et seq.), to an air pollutant that is identified as
a greenhouse gas in the rule entitled ``Endangerment and Cause or
Contribute Findings for Greenhouse Gases Under Section 202(a) of the
Clean Air Act'' published at 74 Federal Register 66496 (December 15,
2009).
SEC. 4. REPORTS; PUBLIC COMMENT.
(a) Preliminary Report.--Not later than 90 days after the date of
enactment of this Act, the Committee shall make public and submit to
the Committee on Energy and Commerce of the House of Representatives
and the Committee on Environment and Public Works of the Senate a
preliminary report containing the results of the analyses conducted
under section 3.
(b) Public Comment Period.--The Committee shall accept public
comments regarding the preliminary report submitted under subsection
(a) for a period of 60 days after such submission.
(c) Final Report.--Not later than 60 days after the close of the
public comment period under subsection (b), the Committee shall submit
to Congress a final report containing the analyses conducted under
section 3, including any revisions to such analyses made as a result of
public comments, and a response to such comments.
SEC. 5. NO FINAL ACTION ON CERTAIN RULES.
(a) In General.--The Administrator of the Environmental Protection
Agency shall not finalize any of the following rules until a date (to
be determined by the Administrator) that is at least 6 months after the
day on which the Committee submits the final report under section 4(c):
(1) ``Control of Air Pollution From New Motor Vehicles:
Tier 3 Motor Vehicle Emission and Fuel Standards'', as
described in the Unified Agenda of Federal Regulatory and
Deregulatory Actions under Regulatory Identification Number
2060-AQ86, and any successor or substantially similar rule.
(2) Any rule proposed after March 15, 2012, establishing or
revising a standard of performance or emission standard under
section 111 or 112 of the Clean Air Act (42 U.S.C. 7411, 7412)
that is applicable to petroleum refineries.
(3) Any rule revising or supplementing the national ambient
air quality standards for ozone under section 109 of the Clean
Air Act (42 U.S.C. 7409).
(b) Other Rules Not Affected.--Subsection (a) shall not affect the
finalization of any rule other than the rules described in such
subsection.
SEC. 6. CONSIDERATION OF FEASIBILITY AND COST IN REVISING OR
SUPPLEMENTING NATIONAL AMBIENT AIR QUALITY STANDARDS FOR
OZONE.
In revising or supplementing any national primary or secondary
ambient air quality standards for ozone under section 109 of the Clean
Air Act (42 U.S.C. 7409), the Administrator of the Environmental
Protection Agency shall take into consideration feasibility and cost. | Gasoline Regulations Act of 2012 - Requires the President to establish the Transportation Fuels Regulatory Committee to analyze and report, for each of 2016 and 2020, on the cumulative impacts of certain covered rules and actions under the Clean Air Act, including the impacts on gasoline, diesel fuel, and natural gas prices, operating costs, consumers, regional economies, U.S. competitiveness, small businesses, employment, labor markets, public health, and state, local, and tribal governments.
Designates as "covered rules": (1) the rule entitled "Control of Air Pollution From New Motor Vehicles: Tier 3 Motor Vehicle Emission and Fuel Standards"; (2) any rule proposed after March 15, 2012, establishing or revising a standard of performance or emission standard for new stationary sources or hazardous air pollutants that is applicable to petroleum refineries; (3) any rule proposed after March 15, 2012, for implementation of the Renewable Fuel Program under the Clean Air Act; (4) the rules entitled "National Ambient Air Quality Standards for Ozone" and "Reconsideration of the 2008 Ozone Primary and Secondary National Ambient Air Quality Standards" and any subsequent rule revising or supplementing the national ambient air quality standards for ozone; and (5) any successor or substantially similar rules.
Defines a "covered action" as any action affecting facilities involved in the production, transportation, or distribution of gasoline, diesel fuel, or natural gas taken on or after January 1, 2009, by the Environmental Protection Agency (EPA), a state or local government, or a permitting agency as a result of the application of provisions of the Clean Air Act relating to operating permits or the prevention of significant deterioration of air quality to an air pollutant that is identified as a greenhouse gas in the rule entitled "Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act."
Prohibits the Administrator from finalizing the following rules until at least six months after the Committee submits its final report: (1) "Control of Air Pollution From New Motor Vehicles: Tier 3 Motor Vehicle Emission and Fuel Standards" and any successor or substantially similar rule; (2) any rule proposed after March 15, 2012, establishing or revising a performance or emission standard for new stationary sources or hazardous air pollutants that is applicable to petroleum refineries; and (3) any rule revising or supplementing the national ambient air quality standards for ozone under the Clean Air Act. Requires the EPA Administrator to consider feasibility and cost in revising or supplementing any such standards for ozone. | {"src": "billsum_train", "title": "To require analyses of the cumulative impacts of certain rules and actions of the Environmental Protection Agency that impact gasoline, diesel fuel, and natural gas prices, jobs, and the economy, and for other purposes."} | 1,902 | 551 | 0.564342 | 1.721071 | 0.727618 | 5.934959 | 3.552846 | 0.922764 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Repetitive Flood Loss Reduction Act
of 2001''.
SEC. 2. REPETITIVE FLOOD LOSS REDUCTION.
Chapter III of the National Flood Insurance Act of 1968 is
amended--
(1) by amending section 1370(a)(2) (42 U.S.C. 4121(a)(2))
to read as follows:
``(2) the terms `United States' (when used in a geographic
sense) and `State' mean the several States and the District of
Columbia;''; and
(2) by adding after section 1367 (42 U.S.C. 4104d) the
following new section:
``SEC. 1368. REPETITIVE FLOOD LOSS REDUCTION.
``(a) Program.--The Director shall carry out a program to mitigate
repetitive flood losses to structures--
``(1) by purchasing structures in accordance with
subsection (f); and
``(2) by making grants to States, communities, and local
flood management agencies for eligible mitigation activities
described in subsection (c) that the Director determines--
``(A) have been proposed by the State, community,
or local flood management agency applying for the grant
to reduce repetitive flood losses pursuant to an
evaluation and analysis (by the State, community, or
local flood management agency) of flood risk and
multiple flood claim structures;
``(B) are likely to provide protection against
flood losses or substantially reduce damage to
structures covered by contracts for flood insurance
available under this title;
``(C) are cost-effective to the National Flood
Insurance Fund;
``(D) are technically feasible and cost-effective;
and
``(E) are consistent with other criteria that are
established by the Director to carry out the purposes
of this section.
``(b) Limitation on Grant Amounts.--The Director shall purchase
structures and make grants under this section to the extent amounts are
available pursuant to appropriation Acts, subject only to the absence
of approvable applications for such grants or of willing sellers of
appropriate structures.
``(c) Eligible Mitigation Activities.--A grant made under this
section may be used only for eligible mitigation activities that are
proposed in the application for the grant and that are described as
follows:
``(1) Elevation, relocation, demolition, or floodproofing
of structures (including public structures) located in areas
having special flood hazards or other areas of flood risk.
``(2) Minor physical mitigation efforts that do not
duplicate the flood prevention activities of other Federal
agencies, States, communities, or local flood management
agencies and that lessen the frequency or severity of flooding
and decrease predicted flood damages, which shall not include
major flood control projects such as dikes, levees, seawalls,
groins, and jetties unless the Director specifically determines
in approving a mitigation project that such projects are the
most cost-effective mitigation activities for protecting the
National Flood Insurance Fund.
``(3) Other mitigation activities that the Director
considers appropriate and specifies in regulations.
``(d) Application for Grant.--
``(1) In general.--To be eligible for a grant under this
section, a State, community, or local flood management agency
shall submit an application for such grant which contains--
``(A) a description of the mitigation activities
for which the grant is requested;
``(B) a description of the structures that the
mitigation activities will protect;
``(C) a statement of the aggregate amount of
payments made under the flood insurance program under
this title pursuant to insurance claims for structures described
pursuant to subparagraph (C);
``(D) information sufficient to demonstrate that
the mitigation activities are eligible under subsection
(c); and
``(E) any other information the Director may
reasonably require.
``(2) Time for approval or rejection.--The Director shall
approve or reject an application for a grant under this
subsection not later than 30 days after receiving such
application.
``(e) Matching Requirement.--The Director shall not provide a grant
under this section in an amount exceeding 75 percent of the total cost
of the mitigation activities to be financed using such grant. The
Director shall not provide grants under this section for any mitigation
activities unless the State, community, or local flood management
agency that receives the grant certifies, as the Director shall
require, that at least 25 percent of the total cost of such mitigation
activities will be provided from non-Federal sources.
``(f) Purchase of Repetitive Substantial Flood Loss Structures.--
``(1) Offer to purchase.--Upon determining that an insured
structure is a repetitive substantial flood loss structure, the
Director shall offer to purchase the structure at a price not
greater than 125 percent of the fair market value of the
structure at the time of the offer. Any such offer shall
explicitly state that the offer is contingent upon the
availability of amounts under subsections (j) and (k) for such
purchase. Any such offer shall be held open, and shall not be
revocable, during the period that the structure is covered by
flood insurance under this title.
``(2) Acceptance of offer.--If an owner of a repetitive
substantial flood loss structure accepts an offer to purchase
the structure made under paragraph (1), the Director shall
purchase the structure, if amounts are available pursuant to
subsections (j) and (k). The Director may request that the
State or the a local flood management agency that has
jurisdiction with respect to the area in which the structure is
located coordinate and carry out the purchase for the Director
under the terms of the offer.
``(3) Increased premiums for refusal of offer.--
Notwithstanding section 1308, if the owner of a repetitive
substantial flood loss structure does not accept an offer made
by the Director pursuant to paragraph (1) during the period
after the offer is made having such duration as the Director
shall establish, thereafter the chargeable premium rate with
respect to the structure shall be an amount equal to 150
percent of the chargeable rate for the structure at the time
that the offer was made (as adjusted by any other premium
adjustments otherwise applicable to the structure), except as
provided in paragraph (5), and the deductible in connection
with insurance provided under this title shall increase by
$5,000 more than the deductible on such insurance at the time
that such offer was made.
``(4) Notice of continued offer.--Upon each renewal or
modification of any flood insurance coverage under this title
for a repetitive substantial flood loss structure, the Director
shall notify the owner that the offer made pursuant to
paragraph (1) is still open.
``(5) Increased premiums upon subsequent flood damage.--
Notwithstanding section 1308, if the owner of a repetitive
substantial flood loss structure does not accept an offer made
by the Director pursuant to paragraph (1) and subsequently a
flood event causes substantial damage to the structure after
such event, the chargeable premium rate with respect to the
structure shall be an amount equal to 150 percent of the
chargeable rate for the structure at the time of the event, as
adjusted by any other premium adjustments otherwise applicable
to the structure and any subsequent increases pursuant to this
paragraph, and the deductible in connection with insurance
provided under this title shall increase by $5,000 more than
the deductible on such insurance at the time of the event.
``(6) List of structures.--The Director, in consultation
with regional flood plain administrators, shall develop and
periodically update a list of repetitive substantial flood loss
structures.
``(7) Deposit of revenues.--All amounts collected from
payment of deductible and premium increases pursuant to this
subsection shall be deposited into the Repetitive Flood Loss
Reduction Fund created by subsection (j).
``(g) Disposition of Acquired Structures.--
``(1) In general.--As soon as practicable after acquisition
of a structure under this section, the Director shall offer to
transfer the structure to the local flood management agency
that has jurisdiction with respect to the area in which the
structure is located. If such a local flood management agency
does not exists or refuses such offer, the Director shall offer to
transfer the structure to the State within whose boundaries such
structure is located.
``(2) Terms and conditions.--If an offer to transfer a
structure made pursuant to paragraph (1) is accepted, the
Director shall make such transfer without compensation and upon
such other terms and conditions as the Director considers
necessary to protect the interests of the United States.
``(h) Oversight of Mitigation Activities.--The Director shall
conduct oversight of recipients of grants under this section to ensure
that the grant is used in compliance with approved mitigation
activities and that matching funds certified under subsection (e) are
used in accordance with such certification.
``(i) Recapture.--If the Director determines that a State,
community, or local flood management agency that has received a grant
under this section has not carried out the mitigation activities as set
forth in the mitigation activity, the Director shall recapture such
amounts and deposit the amounts in the Repetitive Flood Loss Reduction
Fund created by subsection (j).
``(j) Repetitive Flood Loss Reduction Fund.--There is hereby
created within the Treasury a fund which shall be known as the
`Repetitive Flood Loss Reduction Fund'. Amounts deposited into the
Repetitive Flood Loss Reduction Fund shall be available to the Director
to carry out this section to the extent provided by appropriation Acts.
``(k) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to the Director $100,000,000 for fiscal year 2002 to carry out
this section, and such amounts shall remain available until
expended.
``(2) Division of funds.--Of the amounts appropriated to
carry out this section, 90 percent shall be used for
acquisitions under subsection (a)(1) and 10 percent shall be
used for grants under subsection (a)(2).
``(l) Definitions.--For the purposes of this section, the following
definitions apply:
``(1) Community.--The term `community' has the meaning
given that term in section 1366(k).
``(2) Repetitive substantial flood loss structure.--The
term `repetitive substantial flood loss structure' means a
structure covered by a contract for flood insurance under this
title that has incurred flood-related damage on 3 or more
occasions in which the cumulative cost of repairs is equal to
or greater than 125 percent of the fair market value of the
structure.''. | Repetitive Flood Loss Reduction Act of 2001 - Amends the National Flood Insurance Act of 1968 to require the Director of the Federal Emergency Management Agency to carry out a program to mitigate repetitive flood losses to structures by: (1) purchasing structures; and (2) making grants to States, communities, and local flood management agencies for eligible mitigation activities.Requires the Director: (1) upon determining that an insured structure is a repetitive substantial flood loss structure, to offer to purchase the structure at not greater than 125 percent of its fair market value; (2) to purchase such structure if such owner accepts the offer and funds are available; and (3) after acquisition, to offer to transfer the structure to the local flood management agency with jurisdiction or, if there is no such agency or it refuses the offer, to the State in which such structure is located. Requires specified increases in the flood insurance premium and the deductible for any structure whose owner does not accept such a purchase offer and for such structure upon subsequent flood damage.Establishes within the Treasury the Repetitive Flood Loss Reduction Fund into which payments of deductibles and premium increases shall be deposited and which shall be available to carry out this Act.Requires the Director to: (1) maintain a list of repetitive substantial flood loss structures; (2) conduct oversight to ensure that grants and matching funds are used in compliance with approved mitigation activities; and (3) recapture and deposit in the Fund amounts from flood management agencies that have received a grant but have not carried out mitigation activities. | {"src": "billsum_train", "title": "To amend the National Flood Insurance Act of 1968 to reduce losses caused by repetitive flooding, and for other purposes."} | 2,285 | 327 | 0.647181 | 1.989799 | 0.904882 | 3.28 | 7.286667 | 0.953333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Vietnam Human Rights Sanctions
Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The relationship between the United States and the
Socialist Republic of Vietnam has grown substantially since the
end of the trade embargo in 1994, with annual trade between the
countries reaching more than $36,000,000,000 in 2014.
(2) However, the transition by the Government of Vietnam
toward greater economic activity and trade, which has led to
increased bilateral engagement between the United States and
Vietnam, has not been matched by greater political freedom or
substantial improvements in basic human rights for the people
of Vietnam.
(3) Vietnam remains an authoritarian state ruled by the
Communist Party of Vietnam, which continues to deny the right
of the people of Vietnam to participate in free and fair
elections.
(4) According to the Department of State's 2014 Country
Reports on Human Rights Practices, Vietnam's ``most significant
human rights problems . . . were severe government restrictions
of citizens' political rights, particularly their right to
change their government through free and fair elections; limits
on citizens' civil liberties, including freedom of assembly and
expression; and inadequate protection of citizens' due process
rights, including protection against arbitrary detention''.
(5) The Country Reports also state that the Government of
Vietnam ``continued to restrict speech that criticized
individual government leaders; promoted political pluralism or
multi-party democracy; or questioned policies on sensitive
matters, such as human rights, religious freedom, or
sovereignty disputes with China'' and ``sought to impede
criticism by monitoring meetings and communications of
political activists''.
(6) Furthermore, the Department of State documents that
``arbitrary arrest and detention, particularly for political
activists, remained a problem'', with the Government of Vietnam
sentencing 29 arrested activists during 2014. Of those, 6
activists were convicted on national security charges in the
penal code for ``undermining the unity policy'', 17 for
``causing public disorder'', and 6 for ``abusing democratic
freedoms''.
(7) At the end of 2014, the Government of Vietnam
reportedly held more than 125 political prisoners.
(8) On September 24, 2012, 3 prominent Vietnamese
bloggers--Nguyen Van Hai (also known as Dieu Cay), Ta Phong
Tan, and Phan Thanh Hai (also known as Anh Ba Saigon)--were
sentenced to prison based on 3-year-old blog postings
criticizing the Government and leaders of Vietnam and the
Communist Party of Vietnam. Nguyen Van Hai served 2 years of a
12-year prison sentence on charges of ``conducting propaganda
against the state'' but was later released and departed from
Vietnam. If he were to return, he would likely have to complete
his prison sentence.
(9) United Nations High Commissioner for Human Rights Navi
Pillay responded to the sentencing of the bloggers on September
25, 2012, stating that ``[t]he harsh prison terms handed down
to bloggers exemplify the severe restrictions on freedom of
expression in Vietnam'' and calling the sentences an
``unfortunate development that undermines the commitments
Vietnam has made internationally . . . to protect and promote
the right to freedom of expression''.
(10) On March 21, 2013, Deputy Assistant Secretary of State
for Democracy, Human Rights, and Labor Daniel B. Baer testified
before the Subcommittee on East Asian and Pacific Affairs of
the Committee on Foreign Relations of the Senate that ``in
Vietnam we've been disappointed in recent years to see
backsliding, particularly on . . . freedom of expression issues
. . . people are being prosecuted for what they say online
under really draconian national security laws . . . that is an
issue that we continue to raise, both in our human rights
dialogue with the Vietnamese as well as in other bilateral
engagements''.
(11) Although the Constitution of Vietnam provides for
freedom of religion, the Department of State's 2013
International Religious Freedom Report maintains, ``Government
practices and bureaucratic impediments restricted religious
freedom. Unregistered and unrecognized religious groups were
often subject to harassment, as well as coercive and punitive
actions by authorities.''.
(12) Likewise, the United States Commission on
International Religious Freedom 2015 Annual Report states,
``The Vietnamese government continues to control all religious
activities through law and administrative oversight, restrict
severely independent religious practice, and repress
individuals and religious groups it views as challenging its
authority, including independent Buddhists, Hoa Hao, Cao Dai,
Catholics, and Protestants.''.
(13) The 2013 Annual Report notes that in 2004 the United
States designated Vietnam as a country of particular concern
for religious freedom pursuant to section 402(b)(1) of the
International Religious Freedom Act of 1998 (22 U.S.C.
6442(b)(1)), and that Vietnam responded at that time by
releasing prisoners, prohibiting the policy of forced
renunciations of faith, and expanding protections for religious
groups, and that ``[m]ost religious leaders in Vietnam
attributed these positive changes to the [country of particular
concern] designation and the priority placed on religious
freedom concerns in U.S.-Vietnamese bilateral relations''.
(14) However, the 2013 Annual Report concludes that since
the designation as a country of particular concern was lifted
from Vietnam in 2006, ``religious freedom conditions in Vietnam
remain mixed'', and therefore recommends to the Department of
State that Vietnam should be redesignated as a country of
particular concern.
(15) Deputy Assistant Secretary of State Baer likewise
testified that ``[i]n Vietnam the right to religious freedom,
which seemed to be improving several years ago, has been
stagnant for several years''.
SEC. 3. IMPOSITION OF SANCTIONS ON CERTAIN INDIVIDUALS WHO ARE
COMPLICIT IN HUMAN RIGHTS ABUSES COMMITTED AGAINST
NATIONALS OF VIETNAM OR THEIR FAMILY MEMBERS.
(a) Definitions.--In this section:
(1) Admitted; alien; immigration laws; national.--The terms
``admitted'', ``alien'', ``immigration laws'', and ``national''
have the meanings given those terms in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Finance, the Committee on
Banking, Housing, and Urban Affairs, and the Committee
on Foreign Relations of the Senate; and
(B) the Committee on Ways and Means, the Committee
on Financial Services, and the Committee on Foreign
Affairs of the House of Representatives.
(3) Convention against torture.--The term ``Convention
against Torture'' means the United Nations Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, done at New York on December 10, 1984.
(4) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
or
(B) an entity organized under the laws of the
United States or of any jurisdiction within the United
States, including a foreign branch of such an entity.
(b) Imposition of Sanctions.--Except as provided in subsections (e)
and (f), the President shall impose the sanctions described in
subsection (d) with respect to each individual on the list required by
subsection (c)(1).
(c) List of Individuals Who Are Complicit in Certain Human Rights
Abuses.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a list of individuals who
are nationals of Vietnam that the President determines are
complicit in human rights abuses committed against nationals of
Vietnam or their family members, regardless of whether such
abuses occurred in Vietnam.
(2) Updates of list.--The President shall submit to the
appropriate congressional committees an updated list under
paragraph (1) as new information becomes available and not less
frequently than annually.
(3) Public availability.--The list required by paragraph
(1) shall be made available to the public and posted on the Web
sites of the Department of the Treasury and the Department of
State.
(4) Consideration of data from other countries and
nongovernmental organizations.--In preparing the list required
by paragraph (1), the President shall consider data already
obtained by other countries and nongovernmental organizations,
including organizations in Vietnam, that monitor the human
rights abuses of the Government of Vietnam.
(d) Sanctions.--
(1) Prohibition on entry and admission to the united
states.--An individual on the list required by subsection
(c)(1) may not--
(A) be admitted to, enter, or transit through the
United States;
(B) receive any lawful immigration status in the
United States under the immigration laws, including any
relief under the Convention Against Torture; or
(C) file any application or petition to obtain such
admission, entry, or status.
(2) Financial sanctions.--The President shall block and
prohibit all transactions in all property and interests in
property of an individual on the list required by subsection
(c)(1) if such property and interests in property are in the
United States, come within the United States, or are or come
within the possession or control of a United States person.
(e) Exceptions To Comply With International Agreements.--The
President may, by regulation, authorize exceptions to the imposition of
sanctions under this section to permit the United States to comply with
the Agreement regarding the Headquarters of the United Nations, signed
at Lake Success June 26, 1947, and entered into force November 21,
1947, between the United Nations and the United States, and other
applicable international agreements.
(f) Waiver.--The President may waive the requirement to impose or
maintain sanctions with respect to an individual under subsection (b)
or the requirement to include an individual on the list required by
subsection (c)(1) if the President--
(1) determines that such a waiver is in the national
interest of the United States; and
(2) submits to the appropriate congressional committees a
report describing the reasons for the determination.
(g) Termination of Sanctions.--The provisions of this section shall
terminate on the date on which the President determines and certifies
to the appropriate congressional committees that the Government of
Vietnam has--
(1) unconditionally released all political prisoners;
(2) ceased its practices of violence, unlawful detention,
torture, and abuse of nationals of Vietnam while those
nationals are engaging in peaceful political activity; and
(3) conducted a transparent investigation into the
killings, arrest, and abuse of peaceful political activists in
Vietnam and prosecuted those responsible.
SEC. 4. SENSE OF CONGRESS ON DESIGNATION OF VIETNAM AS A COUNTRY OF
PARTICULAR CONCERN WITH RESPECT TO RELIGIOUS FREEDOM.
It is the sense of Congress that--
(1) the relationship between the United States and Vietnam
cannot progress while the record of the Government of Vietnam
with respect to human rights and the rule of law continues to
deteriorate;
(2) the designation of Vietnam as a country of particular
concern for religious freedom pursuant to section 402(b)(1) of
the International Religious Freedom Act of 1998 (22 U.S.C.
6442(b)(1)) would be a powerful and effective tool in
highlighting abuses of religious freedom in Vietnam and in
encouraging improvement in the respect for human rights in
Vietnam; and
(3) the Secretary of State should, in accordance with the
recommendation of the United States Commission on International
Religious Freedom, designate Vietnam as a country of particular
concern for religious freedom. | Vietnam Human Rights Sanctions Act This bill requires the President to: (1) impose financial and immigration/entry sanctions on listed nationals of Vietnam who are complicit in human rights abuses committed against nationals of Vietnam or their family members, regardless of whether such abuses occurred in Vietnam; and (2) submit to Congress a publicly available list of individuals determined to be complicit in such human rights abuses. The President may waive sanctions to comply with international agreements or if in the U.S. national interest. Sanctions shall be terminated if the President certifies to Congress that the government of Vietnam has: (1) released all political prisoners; (2) ceased its practices of violence, detention, and abuse of citizens of Vietnam engaging in peaceful political activity; and (3) conducted a transparent investigation into the killings, arrest, and abuse of such political activists and prosecuted those responsible. It is the sense of Congress that: (1) the U.S.-Vietnam relationship cannot progress while the government of Vietnam's human rights record continues to deteriorate, and (2) the Secretary of State should designate Vietnam as a country of particular concern with respect to religious freedom. | {"src": "billsum_train", "title": "Vietnam Human Rights Sanctions Act"} | 2,604 | 247 | 0.508864 | 1.619966 | 0.678279 | 4.18552 | 10.823529 | 0.954751 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Act of 2016''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The American Society of Reproductive Medicine
recognizes infertility as a disease, and the Centers for
Disease Control and Prevention have described infertility as an
emerging public health priority in the United States. Globally,
the World Health Organization also formally recognizes
infertility as a disease.
(2) According to the National Survey of Family Growth of
the Centers for Disease Control and Prevention, approximately
3,000,000 women in the United States had trouble conceiving or
carrying a pregnancy to term.
(3) A portion of those 3,000,000 women are cancer survivors
who were diagnosed as infants, children, or young adults. Their
treatments included chemotherapy, radiation, and surgery which
have led to irreparable damage to their reproductive systems.
(4) Military families notably are also impacted by
infertility as a result of lower extremity war injuries arising
from the perils of modern warfare. For active duty individuals,
frequent changes in permanent duty station, combat deployments,
and training rotations complicate access to fertility
treatments. In addition, active duty individuals or veterans
have no coverage for in vitro fertilization (IVF) through their
military health insurance and must pay out of pocket for those
expenses, even within military treatment facilities.
(5) For many, the cost of treatment for the disease of
infertility is prohibitive. According to the American Society
for Reproductive Medicine, the cost per cycle of IVF is
approximately $12,500, and on average couples require at least
2 cycles. Many couples have to choose between their desire to
establish a family and their future financial well-being.
(6) Medical insurance coverage for infertility treatments
is sparse and inconsistent at the State level. Only 8 States
have passed laws to require comprehensive infertility coverage,
and under those State laws employer-sponsored plans are exempt;
therefore, coverage for treatments such as IVF is limited.
According to Mercer's 2005 National Survey of Employer-
Sponsored Health Plans, IVF was voluntarily covered by 19
percent of large employer-sponsored health plans and only 11
percent of small employer-sponsored health plans. Even in
States with coverage mandates, out-of-pocket expenses for these
treatments are significant.
(7) According to the latest National Survey of Family
Growth, African-American and Hispanic women are more likely to
be infertile than Caucasian women, yet studies indicate that
they are less likely to use infertility services.
SEC. 3. CREDIT FOR CERTAIN INFERTILITY TREATMENTS.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting before
section 24 the following new section:
``SEC. 23A. CREDIT FOR CERTAIN INFERTILITY TREATMENTS.
``(a) Allowance of Credit.--In the case of an eligible individual,
there shall be allowed as a credit against the tax imposed by this
chapter for the taxable year an amount equal to 50 percent of the
qualified infertility treatment expenses paid or incurred during the
taxable year.
``(b) Limitations.--
``(1) Dollar limitation.--The amount of the credit under
subsection (a) for any taxable year shall not exceed the excess
(if any) of--
``(A) the dollar amount in effect under section
23(b)(1) for the taxable year, over
``(B) the aggregate amount of the credits allowed
under subsection (a) for all preceding taxable years.
``(2) Income limitation.--
``(A) In general.--The amount otherwise allowable
as a credit under subsection (a) for any taxable year
(determined after the application of paragraph (1) and
without regard to this paragraph and subsection (c))
shall be reduced (but not below zero) by an amount
which bears the same ratio to the amount so allowable
as--
``(i) the amount (if any) by which the
taxpayer's adjusted gross income exceeds the
dollar amount in effect under clause (i) of
section 23(b)(2)(A); bears to
``(ii) $40,000.
``(B) Determination of adjusted gross income.--For
purposes of subparagraph (A), adjusted gross income
shall be determined without regard to sections 911,
931, and 933.
``(3) Denial of double benefit.--
``(A) In general.--No credit shall be allowed under
subsection (a) for any expense for which a deduction or
credit is taken under any other provision of this
chapter.
``(B) Grants.--No credit shall be allowed under
subsection (a) for any expense to the extent that
reimbursement or other funds in compensation for such
expense are received under any Federal, State, or local
program.
``(C) Insurance reimbursement.--No credit shall be
allowed under subsection (a) for any expense to the
extent that payment for such expense is made, or
reimbursement for such expense is received, under any
insurance policy.
``(c) Carryforwards of Unused Credit.--
``(1) Rule for years in which all personal credits allowed
against regular and alternative minimum tax.--If the credit
allowable under subsection (a) exceeds the limitation imposed
by section 26(a)(2) for such taxable year reduced by the sum of
the credits allowable under this subpart (other than this
section), such excess shall be carried to the succeeding
taxable year and added to the credit allowable under subsection
(a) for such succeeding taxable year.
``(2) Limitation.--No credit may be carried forward under
this subsection to any taxable year after the 5th taxable year
after the taxable year in which the credit arose. For purposes
of the preceding sentence, credits shall be treated as used on
a first-in, first-out basis.
``(d) Qualified Infertility Treatment Expenses.--For purposes of
this section:
``(1) In general.--The term `qualified infertility
treatment expenses' means amounts paid or incurred for the
treatment of infertility via in vitro fertilization if such
treatment is--
``(A) provided by a licensed physician, licensed
surgeon, or other licensed medical practitioner, and
``(B) administered with respect to a diagnosis of
infertility by a physician licensed in the United
States.
``(2) Treatments in advance of infertility arising from
medical treatments.--In the case of expenses incurred in
advance of a diagnosis of infertility for fertility
preservation procedures which are conducted prior to medical
procedures that, as determined by a physician licensed in the
United States, may cause involuntary infertility or
sterilization, such expenses shall be treated as qualified
infertility treatment expenses--
``(A) notwithstanding paragraph (1)(B), and
``(B) without regard to whether a diagnosis of
infertility subsequently results.
Expenses for fertility preservation procedures in advance of a
procedure designed to result in infertility or sterilization
shall not be treated as qualified infertility treatment
expenses.
``(3) Infertility.--The term `infertility' means the
inability to conceive or to carry a pregnancy to live birth,
including iatrogenic infertility resulting from medical
treatments such as chemotherapy, radiation or surgery. Such
term does not include infertility or sterilization resulting
from a procedure designed for such purpose.
``(e) Eligible Individual.--For purposes of this section, the term
`eligible individual' means an individual--
``(1) who has been diagnosed with infertility by a
physician licensed in the United States, or
``(2) with respect to whom a physician licensed in the
United States has made the determination described in
subsection (d)(2).
``(f) Married Couples Must File Joint Returns.--Rules similar to
the rules of paragraphs (2), (3), and (4) of section 21(e) shall apply
for purposes of this section.''.
(b) Conforming Amendments.--
(1) 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 before the item relating to section 24
the following new item:
``Sec. 23A. Credit for certain infertility treatments.''.
(2) Section 23(c)(1) of such Code is amended by striking
``25D'' and inserting ``23A, 25D,''.
(3) Section 25(e)(1)(C) of such Code is amended by
inserting ``23A,'' before ``25D,''.
(4) Section 25D(c) of such Code is amended by inserting
``and section 23A'' after ``other than this section''.
(5) Section 1400C(d) of such Code is amended by striking
``section 25D'' and inserting ``sections 23A and 25D''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2016. | Family Act of 2016 This bill amends the Internal Revenue Code to allow a tax credit for 50% of an individual's qualified infertility treatment expenses, subject to specified limits based on dollar amounts and the taxpayer's adjusted gross income. Qualified infertility treatment expenses are amounts paid for the treatment of infertility via in vitro fertilization if such treatment is provided by a licensed physician, surgeon, or other medical practitioner and is administered with respect to a diagnosis of infertility by a physician licensed in the United States. | {"src": "billsum_train", "title": "Family Act of 2016"} | 2,061 | 120 | 0.426728 | 1.18157 | 0.573162 | 4.010526 | 19.305263 | 0.915789 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission on Mexican-American
Removal during 1929-1941 Act''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds the following:
(1) From 1929 through 1941, Federal, State, and local
Government authorities and certain private sector entities
throughout the United States undertook an aggressive program to
forcibly remove individuals of Mexican ancestry from the United
States.
(2) As many as two million individuals of Mexican ancestry
were forcibly removed to Mexico, as many as 1.2 million of whom
were United States citizens.
(3) These men, women, and children were removed outside the
United States in response to public pressure to curtail the
employment of Mexican-Americans, most of whom were United
States citizens or residing legally in the United States,
during the Depression.
(4) Massive raids were conducted on Mexican-American
communities, and many of the people who were removed were never
able to return to the United States, their country of birth.
(5) These raids targeted individuals of Mexican ancestry,
with Federal, State, and local Government authorities and
certain private sector entities characterizing these
individuals as ``illegal aliens'' even when such individuals
were United States citizens or permanent legal residents.
(6) These raids also separated such United States citizens
and permanent legal residents from their families and deprived
them of their livelihoods and constitutional rights.
(7) No official inquiry into this matter has been made.
(b) Purpose.--It is the purpose of this Act to establish a fact
finding commission to determine whether United States citizens and
permanent legal residents were forcibly removed to Mexico from 1929 to
1941 in violation of law as a result of past directives of Federal,
State and local governments and the impact of such removal on those
individuals, their families, and the Mexican-American community in the
United States, and to recommend appropriate remedies.
SEC. 3. ESTABLISHMENT OF COMMISSION.
There is established a commission to be known as the ``Commission
on Mexican-American Removal during 1929-1941''.
SEC. 4. DUTIES OF THE COMMISSION.
The Commission shall--
(1) review the facts and circumstances surrounding the
removal of certain United States citizens and permanent legal
residents to Mexico, and the impact of such actions on these
individuals, their families, and the Mexican-American community
in the United States;
(2) review past directives of Federal, State, and local
governments that required the removal of these individuals to
Mexico and any other information related to these directives;
and
(3) submit to Congress a written report of its findings and
recommendations.
SEC. 5. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of
seven members, who shall be appointed within 90 days after the date of
the enactment of this Act as follows:
(1) Three members appointed by the President.
(2) Two members appointed by the Speaker of the House of
Representatives, in consultation with the minority leader of
the House of Representatives.
(3) Two members appointed by the President pro tempore of
the Senate, in consultation with the minority leader of the
Senate.
(b) Qualifications.--Members appointed under subsection (a) shall
possess knowledge or expertise related to human rights, civil rights,
immigration, labor, business, or other pertinent qualifications.
(c) Term of Office.--Each member shall be appointed for the life of
the Commission.
(d) Quorum.--Four members of the Commission shall constitute a
quorum, but a lesser number may hold hearings.
(e) Initial Meeting.--The initial meeting of the Commission shall
be called by the President within one hundred and twenty days after the
date of the enactment of this Act, or within thirty days after the date
on which legislation is enacted making appropriations to carry out this
Act, whichever is later.
(f) Chairperson and Vice Chairperson.--The Commission shall elect a
chairperson and vice chairperson from among its members. The term of
office of each shall be for the life of the Commission.
(g) Vacancies.--A vacancy in the Commission shall not affect its
powers and shall be filled in the same manner in which the original
appointment was made.
(h) Basic Pay.--
(1) Rate of pay.--Each member of the Commission who is not
otherwise employed by the United States shall receive
compensation at a rate equal to the daily rate prescribed for
level IV of the Executive Schedule under section 5315 of title
5, United States Code, for each day, including travel time,
such member is engaged in the actual performance of the duties
of the Commission.
(2) Prohibition of compensation of federal employees.--A
member of the Commission who is a full-time officer or employee
of the United States may not receive additional pay,
allowances, or benefits by reason of their service on the
Commission.
(3) Travel expenses.--Each member of the Commission shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and 5703 of title
5, United States Code.
SEC. 6. POWERS.
(a) Hearings.--
(1) In general.--The Commission or on the authorization of
the Commission, any subcommittee or member thereof, may for the
purpose of carrying out this Act, hold hearings, sit and act at
times and places, take testimony, and receive evidence as the
Commission or any subcommittee or member considers appropriate.
(2) Location.--The Commission may hold public hearings in
any city of the United States that it finds appropriate.
(b) 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 which the Commission is
empowered to investigate by this Act.
(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 such 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 subpoena.--A subpoena of the Commission
shall be served in the manner provided for subpoenas issued by
a United States district court under the Federal Rules of Civil
Procedure for the United States district courts.
(4) Service of process.--All process of any 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.
(c) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States, or from any State
or local government, information necessary to enable it to carry out
this Act. Upon request of any member, the head of such department or
agency shall furnish such information to the Commission.
(d) Contract Authority.--To the extent or in the amounts provided
in advance in appropriation Acts, the Commission may contract with and
compensate government and private agencies or persons for any services,
supplies, or other activities necessary to enable the Commission to
carry out its duties under this Act.
SEC. 7. STAFF.
(a) In General.--The Commission may appoint and fix the pay of such
additional staff as it considers appropriate.
(b) Applicability of Certain Civil Service Laws.--Any 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 such title relating to
classification and General Schedule pay rates.
(c) Experts and Consultants.--The Commission may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code.
(d) Administrative Support Services.--Upon 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 duties under
this Act.
SEC. 8. REPORT.
The Commission shall submit to Congress a written report not later
than the date which is one year after the date of the initial meeting
called pursuant to section 5(d) of this Act. The report shall contain a
detailed statement of the findings and conclusions of the Commission,
together with its recommendations for legislative actions that the
Commission considers appropriate.
SEC. 9. TERMINATION.
The Commission shall terminate 30 days after submitting the report
under section 8.
SEC. 10. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the
Commission on Mexican-American Removal during 1929-1941.
(2) Member.--The term ``member'' means a member of the
Commission.
(3) State.--The term ``State'' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, and any other commonwealth, possession, or
territory of the United States. | Commission on Mexican-American Removal during 1929-1941 Act - Establishes the Commission on Mexican-American Removal during 1929-1941, which shall: (1) review the facts and circumstances surrounding the removal of certain U.S. citizens and permanent legal residents to Mexico, and such actions' impact on individuals, families, and the Mexican-American community in the United States; (2) review federal, state, and local removal directives; and (3) report to Congress. | {"src": "billsum_train", "title": "To establish a commission to study the removal of Mexican-Americans to Mexico during 1929-1941, and for other purposes."} | 2,056 | 94 | 0.666208 | 1.720579 | 1.083991 | 5.793478 | 20.847826 | 0.967391 |
SECTION 1. ESTABLISHMENT OF TOLL FREE NUMBER PILOT PROGRAM.
(a) Establishment.--If the Secretary of Commerce determines, on the
basis of comments submitted in rulemaking under section 2, that--
(1) interest among manufacturers is sufficient to warrant
the establishment of a 3-year toll free number pilot program,
and
(2) manufacturers will provide fees under section 2(c) so
that the program will operate without cost to the Federal
Government,
the Secretary shall establish such program solely to help inform
consumers whether a product is ``Made in America''. The Secretary shall
publish the toll-free number by notice in the Federal Register.
(b) Contract.--The Secretary of Commerce shall enter into a
contract for--
(1) the establishment and operation of the toll free number
pilot program provided for in subsection (a), and
(2) the registration of products pursuant to regulations
issued under section 2,
which shall be funded entirely from fees collected under section 2(c).
(c) Use.--The toll free number shall be used solely to inform
consumers as to whether products are registered under section 2 as
``Made in America''. Consumers shall also be informed that registration
of a product does not mean--
(1) that the product is endorsed or approved by the
Government,
(2) that the Secretary has conducted any investigation to
confirm that the product is a product which meets the
definition of ``Made in America'' in section 4 of this Act, or
(3) that the product contains 100 percent United States
content.
SEC. 2. REGISTRATION.
(a) Proposed Regulation.--The Secretary of Commerce shall propose a
regulation--
(1) to establish a procedure under which the manufacturer
of a product may voluntarily register such product as complying
with the definition of ``Made in America'' in section 4 of this
Act and have such product included in the information available
through the toll free number established under section 1(a);
(2) to establish, assess, and collect a fee to cover all
the costs (including start-up costs) of registering products
and including registered products in information provided under
the toll-free number;
(3) for the establishment under section 1(a) of the toll-
free number pilot program; and
(4) to solicit views from the private sector concerning the
level of interest of manufacturers in registering products
under the terms and conditions of paragraph (1).
(b) Promulgation.--If the Secretary determines based on the
comments on the regulation proposed under subsection (a) that the toll-
free number pilot program and the registration of products is
warranted, the Secretary shall promulgate such regulation.
(c) Registration Fee.--
(1) In general.--Manufacturers of products included in
information provided under section 1 shall be subject to a fee
imposed by the Secretary of Commerce to pay the cost of
registering products and including them in information provided
under subsection (a).
(2) Amount.--The amount of fees imposed under paragraph (1)
shall--
(A) in the case of a manufacturer, not be greater
than the cost of registering the manufacturer's product
and providing product information directly attributable
to such manufacturer, and
(B) in the case of the total amount of fees, not be
greater than the total amount appropriated to the
Secretary of Commerce for salaries and expenses
directly attributable to registration of manufacturers
and having products included in the information
provided under section 1(a).
(3) Crediting and availability of fees.--
(A) In general.--Fees collected for a fiscal year
pursuant to paragraph (1) shall be credited to the
appropriation account for salaries and expenses of the
Secretary of Commerce and shall be available in
accordance with appropriation Acts until expended
without fiscal year limitation.
(B) Collections and appropriation acts.--The fees
imposed under paragraph (1)--
(i) shall be collected in each fiscal year
in an amount equal to the amount specified in
appropriation Acts for such fiscal year, and
(ii) shall only be collected and available
for the costs described in paragraph (2).
SEC. 3. PENALTY.
Any manufacturer of a product who knowingly registers a product
under section 2 which is not ``Made in America''--
(1) shall be subject to a civil penalty of not more than
$7500 which the Secretary of Commerce may assess and collect,
and
(2) shall not offer such product for purchase by the
Federal Government.
SEC. 4. DEFINITION.
For purposes of this Act:
(1) The term ``Made in America'' has the meaning given
unqualified ``Made in U.S.A.'' or ``Made in America'' claims
for purposes of laws administered by the Federal Trade
Commission.
(2) The term ``product'' means a product with a retail
value of at least $250.
SEC. 5. RULE OF CONSTRUCTION.
Nothing in this Act or in any regulation promulgated under section
2 shall be construed to alter, amend, modify, or otherwise affect in
any way, the Federal Trade Commission Act or the opinions, decisions,
rules, or any guidance issued by the Federal Trade Commission regarding
the use of unqualified ``Made in U.S.A.'' or ``Made in America'' claims
in labels on products introduced, delivered for introduction, sold,
advertised, or offered for sale in commerce.
Passed the House of Representatives October 5, 1998.
Attest:
Clerk. | Directs the Secretary of Commerce, if the Secretary determines that there is sufficient manufacturer interest and that manufacturers will provide fees so the program will operate without Federal Government cost, to establish a toll-free number pilot program solely to help inform consumers whether a product with a retail value of at least $250 is made in America.
Requires the Secretary to contract for the establishment and operation of such pilot program. Requires consumers to be informed that registration does not mean that: (1) the product is endorsed or approved by the Government; (2) the Secretary has conducted any investigation to confirm that the product meets the definition of this Act of American made; or (3) the product contains 100 percent U.S. content.
(Sec. 2) Directs the Secretary to propose regulations to: (1) establish a voluntary product registration procedure; (2) establish and collect a fee to cover registration costs; (3) establish the pilot program; and (4) assess manufacturer interest in the program.
Imposes civil monetary penalties for knowingly registering a product that is not American made. | {"src": "billsum_train", "title": "To establish a toll free number in the Department of Commerce to assist consumers in determining if products are American-made."} | 1,199 | 224 | 0.70666 | 2.213975 | 0.812945 | 2.781395 | 5.24186 | 0.92093 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rio Grande Pueblos Irrigation
Infrastructure Improvement Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) drought, population increases, and environmental needs
are exacerbating water supply issues across the western United
States, including the Rio Grande Basin in New Mexico;
(2) a report developed by the Bureau of Reclamation and the
Bureau of Indian Affairs in 2000 identified a serious need for
the rehabilitation and repair of irrigation infrastructure of
the Rio Grande Pueblos;
(3) inspection of existing irrigation infrastructure of the
Rio Grande Pueblos shows that many key facilities, such as
diversion structures and main conveyance ditches, are unsafe
and barely, if at all, operable;
(4) the benefits of rehabilitating and repairing irrigation
infrastructure of the Rio Grande Pueblos include--
(A) water conservation;
(B) extending available water supplies;
(C) increased agricultural productivity;
(D) economic benefits;
(E) safer facilities; and
(F) the preservation of the culture of Indian
Pueblos in the State;
(5) certain Indian Pueblos in the Rio Grande Basin receive
water from facilities operated or owned by the Bureau of
Reclamation; and
(6) rehabilitation and repair of irrigation infrastructure
of the Rio Grande Pueblos would improve--
(A) overall water management by the Bureau of
Reclamation; and
(B) the ability of the Bureau of Reclamation to
help address potential water supply conflicts in the
Rio Grande Basin.
SEC. 3. DEFINITIONS.
In this Act:
(1) 2004 agreement.--The term ``2004 Agreement'' means the
agreement titled ``Agreement By and Between the United States
of America and the Middle Rio Grande Conservancy District,
Providing for the Payment of Operation and Maintenance Charges
on Newly Reclaimed Pueblo Indian Lands in the Middle Rio Grande
Valley, New Mexico'' and executed in September 2004 (including
any successor agreements and amendments to the agreement).
(2) Designated engineer.--The term ``designated engineer''
means a Federal employee designated under the Act of February
14, 1927 (69 Stat. 1098, chapter 138), to represent the United
States in any action involving the maintenance, rehabilitation,
or preservation of the condition of any irrigation structure or
facility on land located in the Six Middle Rio Grande Pueblos.
(3) District.--The term ``District'' means the Middle Rio
Grande Conservancy District, a political subdivision of the
State established in 1925.
(4) Pueblo irrigation infrastructure.--The term ``Pueblo
irrigation infrastructure'' means any diversion structure,
conveyance facility, or drainage facility located on land of a
Rio Grande Pueblo that is associated with the delivery of water
for the irrigation of agricultural land.
(5) Rio grande basin.--The term ``Rio Grande Basin'' means
the headwaters of the Rio Chama and the Rio Grande Rivers
(including any tributaries) from the State line between
Colorado and New Mexico downstream to the elevation
corresponding with the spillway crest of Elephant Butte Dam at
4,457.3 feet mean sea level.
(6) Rio grande pueblo.--The term ``Rio Grande Pueblo''
means any of the 18 Pueblos that--
(A) occupy land in the Rio Grande Basin; and
(B) are included on the list of federally
recognized Indian tribes published by the Secretary in
accordance with section 104 of the Federally Recognized
Indian Tribe List Act of 1994 (25 U.S.C. 479a-1).
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
(8) Six middle rio grande pueblos.--The term ``Six Middle
Rio Grande Pueblos'' means each of the Pueblos of Cochiti,
Santo Domingo, San Felipe, Santa Ana, Sandia, and Isleta.
(9) Special project.--The term ``special project'' has the
meaning given the term in the 2004 Agreement.
(10) State.--The term ``State'' means the State of New
Mexico.
SEC. 4. IRRIGATION INFRASTRUCTURE STUDY.
(a) Study.--The Secretary, in accordance with consultation
requirements under subsection (c), shall--
(1) conduct a study of Pueblo irrigation infrastructure;
and
(2) based on the results of the study, develop a list of
projects (including a cost estimate for each project) that are
recommended to be implemented over a 10-year period to repair,
rehabilitate, or reconstruct Pueblo irrigation infrastructure.
(b) Consideration of Factors; Priority.--In developing the list of
projects under subsection (a)(2), the Secretary shall prioritize the
projects recommended for implementation based on consideration of the
following factors:
(1) The extent of disrepair of the Pueblo irrigation
infrastructure.
(2) The effect of the disrepair on the ability of the
applicable Rio Grande Pueblo to irrigate agricultural land
using Pueblo irrigation infrastructure.
(3) The extent that the repair, rehabilitation, or
reconstruction of the Pueblo irrigation infrastructure would
provide an opportunity to conserve water.
(4) The economic and cultural impacts that the disrepair of
the Pueblo irrigation infrastructure has on the applicable Rio
Grande Pueblo.
(5) The economic and cultural benefits that the repair,
rehabilitation, or reconstruction of the Pueblo irrigation
infrastructure would have on the applicable Rio Grande Pueblo.
(6) The opportunity to address water supply or
environmental conflicts in the applicable river basin if the
Pueblo irrigation infrastructure is repaired, rehabilitated, or
reconstructed.
(7) The overall benefits of the project to efficient water
operations on the land of the applicable Rio Grande Pueblo.
(c) Consultation.--
(1) In conducting study.--Not later than 3 months after
funds are made available for this Act, the Secretary shall
notify each Rio Grande Pueblo, in writing, that--
(A) the Secretary shall be conducting the study
required by subsection (a)(1);
(B) the Pueblo is invited to consult with the
Secretary regarding the study; and
(C) the Pueblo shall only be eligible to consult
if, not more than 3 months after recieving notice from
the Secretary, the Pueblo notifies the Secretary, in
writing, of the Pueblo's intent to consult.
(2) In developing list of projects.--In developing the list
of projects under subsection (a)(2), the Secretary shall
consult with the Director of the Bureau of Indian Affairs
(including the designated engineer with respect to each
proposed project that affects the Six Middle Rio Grande
Pueblos), the Chief of the Natural Resources Conservation
Service, and the Chief of Engineers to evaluate the extent to
which programs under the jurisdiction of the respective
agencies may be used--
(A) to assist in evaluating projects to repair,
rehabilitate, or reconstruct Pueblo irrigation
infrastructure; and
(B) to implement--
(i) a project recommended for
implementation under subsection (a)(2); or
(ii) any other related project (including
on-farm improvements) that may be appropriately
coordinated with the repair, rehabilitation, or
reconstruction of Pueblo irrigation
infrastructure to improve the efficient use of
water in the Rio Grande Basin.
(d) Report.--Not later than 18 months after funds are made
available for this Act, the Secretary shall submit to the Committee on
Natural Resources of the House of Representatives and Committee on
Energy and Natural Resources of the Senate a report that includes--
(1) the list of projects recommended for implementation
under subsection (a)(2); and
(2) any findings of the Secretary with respect to--
(A) the study conducted under subsection (a)(1);
(B) the consideration of the factors under
subsection (b); and
(C) the consultations under subsection (c).
(e) Biennial Review.--Not later than 2 years after the date on
which the Secretary submits the report under subsection (d) and
biennially thereafter, the Secretary, in consultation with each Rio
Grande Pueblo, shall--
(1) review the report submitted under subsection (d); and
(2) update the list of projects described in subsection
(d)(1) in accordance with each factor described in subsection
(b), as the Secretary determines to be appropriate.
SEC. 5. IRRIGATION INFRASTRUCTURE GRANTS.
(a) In General.--The Secretary may provide grants to, and enter
into cooperative agreements with, the Rio Grande Pueblos to plan,
design, construct, or otherwise implement projects to repair,
rehabilitate, reconstruct, or replace Pueblo irrigation infrastructure
that are recommended for implementation under section 4(a)(2)--
(1) to increase water use efficiency and agricultural
productivity for the benefit of a Rio Grande Pueblo;
(2) to conserve water; or
(3) to otherwise enhance water management or help avert
water supply conflicts in the Rio Grande Basin.
(b) Limitation.--Assistance provided under subsection (a) shall not
be used for--
(1) the repair, rehabilitation, or reconstruction of any
major impoundment structure;
(2) any on-farm improvements; or
(3) the rehabilitation of any Pueblo irrigation
infrastructure for the purpose of irrigating Rio Grande Pueblo
land that has not been historically irrigated.
(c) Consultation.--In carrying out a project under subsection (a),
the Secretary shall--
(1) consult with, and obtain the approval of, the
applicable Rio Grande Pueblo;
(2) consult with the Director of the Bureau of Indian
Affairs; and
(3) as appropriate, coordinate the project with any work
being conducted under the irrigation operations and maintenance
program of the Bureau of Indian Affairs.
(d) Cost-Sharing Requirement.--
(1) Federal share.--
(A) In general.--Except as provided in subparagraph
(B), the Federal share of the total cost of carrying
out a project under subsection (a) shall be not more
than 75 percent.
(B) Exception.--The Secretary may waive or limit
the non-Federal share required under subparagraph (A)
if the Secretary determines, based on a demonstration
of financial hardship by the Rio Grande Pueblo, that
the Rio Grande Pueblo is unable to contribute the
required non-Federal share.
(2) District contributions.--
(A) In general.--The Secretary may accept from the
District a partial or total contribution toward the
non-Federal share required for a project carried out
under subsection (a) on land located in any of the Six
Middle Rio Grande Pueblos if the Secretary determines
that the project is a special project.
(B) Limitation.--Nothing in subparagraph (A)
requires the District to contribute to the non-Federal
share of the cost of a project carried out under
subsection (a).
(3) State contributions.--
(A) In general.--The Secretary may accept from the
State a partial or total contribution toward the non-
Federal share for a project carried out under
subsection (a).
(B) Limitation.--Nothing in subparagraph (A)
requires the State to contribute to the non-Federal
share of the cost of a project carried out under
subsection (a).
(4) Form of non-federal share.--The non-Federal share under
paragraph (1)(A) may be in the form of in-kind contributions,
including the contribution of any valuable asset or service
that the Secretary determines would substantially contribute to
a project carried out under subsection (a).
(e) Operation and Maintenance.--The Secretary may not use any
amount made available under section 8(b) for operation or maintenance
of any project carried out under subsection (a).
SEC. 6. EFFECT ON EXISTING AUTHORITY AND RESPONSIBILITIES.
Nothing in this Act--
(1) affects any existing project-specific funding
authority; or
(2) limits or absolves the United States from any
responsibility to any Rio Grande Pueblo (including any
responsibility arising from a trust relationship or from any
Federal law (including regulations), Executive order, or
agreement between the Federal Government and any Rio Grande
Pueblo).
SEC. 7. EFFECT ON PUEBLO WATER RIGHTS OR STATE WATER LAW.
(a) Pueblo Water Rights.--Nothing in this Act (including the
implementation of any project carried out in accordance with this Act)
affects the right of any Pueblo to receive, divert, store, or claim a
right to water, including the priority of right and the quantity of
water associated with the water right under Federal or State law.
(b) State Water Law.--Nothing in this Act preempts or affects--
(1) State water law; or
(2) an interstate compact governing water.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) Study.--There is authorized to be appropriated $4,000,000 to
carry out section 4.
(b) Projects.--There is authorized to be appropriated $6,000,000
for each of fiscal years 2010 through 2019 to carry out section 5. | Rio Grande Pueblos Irrigation Infrastructure Improvement Act - Directs the Secretary of the Interior, acting through the Commissioner of Reclamation, to: (1) conduct a study of irrigation infrastructure for 18 Rio Grande Pueblos in New Mexico; and (2) develop a list of projects recommended to be implemented over a 10-year period to repair, rehabilitate, or reconstruct such infrastructure.
Directs the Secretary, in developing that list, to prioritize the projects recommended for implementation based on consideration of specified factors, including the extent of disrepair of the infrastructure, economic and cultural impacts of such disrepair, and overall benefits of the project to efficient water operations.
Authorizes the Secretary (subject to specified limitations) to provide grants to the Pueblos to plan, design, construct, or otherwise implement recommended projects to repair, rehabilitate, reconstruct, or replace Pueblo irrigation infrastructure to: (1) increase water use efficiency and agricultural productivity for the benefit of a Pueblo; (2) conserve water; or (3) otherwise enhance water management or help avert water supply conflicts in the Rio Grande Basin.
Sets the federal share of the project's cost at 75%, with an exception based on financial hardship.
Provides that nothing in this Act shall affect existing project-specific authority, U.S. responsibilities to any such Pueblo, Pueblo water rights, state water law, or an interstate compact governing water. | {"src": "billsum_train", "title": "To direct the Secretary of the Interior, acting through the Commissioner of Reclamation, to assess the irrigation infrastructure of the Rio Grande Pueblos in the State of New Mexico and provide grants to, and enter into cooperative agreements with, the Rio Grande Pueblos to repair, rehabilitate, or reconstruct existing infrastructure, and for other purposes."} | 2,927 | 311 | 0.600608 | 1.882391 | 0.683848 | 4.449438 | 9.827715 | 0.951311 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preparing More Welfare Recipients
for Work Act''.
SEC. 2. IMPROVING COUNTING OF REQUIRED HOURS OF PARTICIPATION IN WORK
ACTIVITIES.
(a) Elimination of Distinction Between Core and Non-Core Work
Activities.--Section 407(c)(1)(A) of the Social Security Act (42 U.S.C.
607(c)(1)(A)) is amended by striking ``, not fewer than 20 hours per
week of which are attributable to an activity described in paragraph
(1), (2), (3), (4), (5), (6), (7), (8), or (12) of subsection (d)''.
(b) Allowing States To Receive Partial Credit for Partial
Engagement.--Section 407(c)(1)(B) of such Act (42 U.S.C. 607(c)(1)(B))
is amended to read as follows:
``(B) Partial credit for families participating for
less than the minimum hours required.--If a family
receiving assistance under the State program funded
under this part includes an adult or minor child head
of household receiving the assistance who has
participated in work activities for an average of 15
hours (or 10 hours, in the case of a single parent
specified in paragraph (2)(B)) per week during a month,
the family shall count as 0.5 of a family for purposes
of calculating the number described in subsection
(b)(1)(B)(i) for the month.''.
(c) State Option To Request Alternate Work Participation Rate
Calculation.--Section 407(a) of such Act (42 U.S.C. 607(a)) is amended
by adding at the end the following:
``(3) State option to request alternate work participation
rate calculation.--
``(A) Application.--A State may apply to the
Secretary to apply subparagraph (C) with respect to the
State.
``(B) Approval of application.--The Secretary may
approve the application if the State demonstrates to
the Secretary (in accordance with such guidelines as
the Secretary shall establish) that the State has
systems and mechanisms in place to accurately record
individual hours of participation in work activities
that accurately reflects the number of hours of
participation of the individuals required to
participate in the activities.
``(C) Alternative calculation.--A State whose
application under this paragraph is approved by the
Secretary shall be considered to be in compliance with
this subsection for a month in a fiscal year if the sum
of the total number of hours during which the
recipients of assistance under the State program funded
under this part who are required to be participating in
work activities during the month have participated in
the activities is not less than the percentage equal to
the minimum participation rate in effect under
paragraph (1) for the fiscal year, multiplied by the
sum of--
``(i) 30 times the number of the recipients
who are so required to participate for an
average of at least 30 hours per week in the
month (as determined by the State); and
``(ii) 20 times the number of the
recipients who are so required to participate
for an average of at least 20 hours per week in
the month (as so determined).''.
(d) Modifications to Counting Job Search as Work.--Section
407(c)(2)(A) of such Act (42 U.S.C. 607(c)(2)(A)) is amended to read as
follows:
``(A) Counting of job search as work.--After the
participation of an individual in an activity described
in subsection (d)(6) of this section of a State program
funded under this part or any other State program
funded with qualified State expenditures (as defined in
section 409(a)(7)(B)(i)) has been counted for 3 months
as participation in a work activity, participation by
the individual in such an activity shall count towards
not more than half of the hours of participation in
work activities by the individual.''.
(e) Modification of Rule Providing for Participation by Reason of
Secondary School Attendance.--Section 407(c)(2)(C) of such Act (42
U.S.C. 607(c)(2)(C)) is amended--
(1) in the subparagraph heading, by striking ``Single teen
head of household or married teen'' and inserting
``Individual'';
(2) by striking ``is married or a head of household and''
and
(3) by striking ``20 years'' and inserting ``26 years''.
(f) Requirement That State Meet With Individual Involved in Job
Readiness Activities for More Than 3 Months.--Section 407(c)(2) of such
Act (42 U.S.C. 607(c)(2)) is amended by adding at the end the
following:
``(E) Periodic meeting with individuals
participating in job readiness assistance.--After an
individual has participated for 3 months in an activity
described in subsection (d)(12) of this section of a
State program funded under this part or any other State
program funded with qualified State expenditures (as
defined in section 409(a)(7)(B)(i)), the individual
shall not be considered to be engaged in work by reason
of participation in such an activity until the State
has met with the individual, and certified that
continued participation in such an activity is
necessary to help prepare the individual for, or
support the individual in, employment.''.
(g) Providing Child Care Assistance to Community Service
Participant Replaced by Job Readiness Assistance as Separate Work
Activity.--
(1) In general.--Section 407(d)(12) of such Act (42 U.S.C.
607(d)) is amended to read as follows:
``(12) job readiness assistance.''.
(2) Conforming amendment.--Section 407(d)(6) of such Act
(42 U.S.C. 607(d)) is amended by striking ``and job readiness
assistance''.
(h) Doubling of Limit on Counting Vocation Educational Training as
Work.--Section 407(d)(8) of such Act (42 U.S.C. 607(d)(8)) is amended
by striking ``12'' and inserting ``24''.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall take effect on October 1,
2015. | Preparing More Welfare Recipients for Work Act This bill amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act with respect to mandatory work requirements to: eliminate the requirement that recipients participate in certain core work activities not fewer than 20 hours per week, as well as separate requirements for two-parent families; allow states to receive partial credit for certain families participating for less than the minimum hours required for purposes of calculating the monthly participation rate; give states the option to apply an alternative work participation rate calculation; revise requirements for counting job search as work; modify the rule deeming an individual to meet work participation requirements by attending secondary school; require a state to meet individuals participating for three months in job readiness assistance and certify whether continued participation is necessary to prepare them for employment; replace with job readiness assistance as a separate work activity the currently recognized work activity of providing child care services to a participant in a community service program; and increase from 12 to 24 months the maximum period that vocational educational training counts as a work activity. | {"src": "billsum_train", "title": "Preparing More Welfare Recipients for Work Act"} | 1,477 | 232 | 0.537428 | 1.57089 | 0.85104 | 1.890476 | 5.804762 | 0.804762 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Psoriasis and Psoriatic Arthritis
Research, Cure, and Care Act of 2009''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings.
Sec. 4. Expansion of biomedical research.
Sec. 5. Psoriasis and psoriatic arthritis data collection and national
patient registry.
Sec. 6. National summit.
Sec. 7. Study and report by the Institute of Medicine.
Sec. 8. Authorization of appropriations.
SEC. 3. FINDINGS.
The Congress finds as follows:
(1) Psoriasis and psoriatic arthritis are autoimmune,
chronic, inflammatory, painful, disfiguring, and life-altering
diseases that require life-long sophisticated medical
intervention and care and have no cure.
(2) Psoriasis and psoriatic arthritis affect as many as
7,500,000 men, women, and children of all ages and have an
adverse impact on the quality of life for virtually all
affected.
(3) Psoriasis often is overlooked or dismissed because it
does not cause death. Psoriasis is commonly and incorrectly
considered by insurers, employers, policymakers, and the public
as a mere annoyance, a superficial problem, mistakenly thought
to be contagious and due to poor hygiene. Treatment for
psoriasis often is categorized, wrongly, as ``life-style'' and
not ``medically necessary.''
(4) Psoriasis goes hand-in-hand with myriad co-morbidities
such as Crohn's disease, diabetes, metabolic syndrome, obesity,
hypertension, heart attack, cardiovascular disease, liver
disease, and psoriatic arthritis, which occurs in 10 to 30
percent of people with psoriasis.
(5) The National Institute of Mental Health funded a study
that found that psoriasis may cause as much physical and mental
disability as other major diseases, including cancer,
arthritis, hypertension, heart disease, diabetes, and
depression.
(6) Psoriasis is associated with elevated rates of
depression and suicidal ideation.
(7) The risk of premature death is 50 percent higher for
individuals with severe psoriasis than for individuals without
any form of psoriasis.
(8) Total direct and indirect health care costs of
psoriasis are calculated at over $11,250,000,000 annually with
work loss accounting for 40 percent of the cost burden.
(9) Early diagnosis and treatment of psoriatic arthritis
may help prevent irreversible joint damage.
(10) Treating psoriasis and psoriatic arthritis presents a
challenge for patients and their health care providers because
no one treatment works for everyone, some treatments lose
effectiveness over time, many treatments are used in
combination with others, and all treatments may cause a unique
set of side effects.
(11) Although new and more effective treatments finally are
becoming available, too many people do not yet have access to
the types of therapies that may make a significant difference
in the quality of their lives.
(12) Psoriasis and psoriatic arthritis constitute a
significant national health issue that deserves a comprehensive
and coordinated response by Federal and State governments with
involvement of the health care provider, patient, and public
health communities.
SEC. 4. EXPANSION OF BIOMEDICAL RESEARCH.
(a) In General.--The Secretary of Health and Human Services (in
this Act referred to as the ``Secretary''), acting through the Director
of the National Institutes of Health, shall continue to expand and
intensify research and related activities of the Institutes with
respect to psoriasis and psoriatic arthritis.
(b) Research by National Institute of Arthritis and Musculoskeletal
and Skin Diseases.--
(1) In general.--The directors of the National Institute of
Arthritis and Musculoskeletal and Skin Diseases and the
National Institute of Allergy and Infectious Diseases shall
continue to conduct and support research to expand
understanding of the causes of, and to find a cure for,
psoriasis and psoriatic arthritis, including the following:
(A) Basic research to discover the pathogenesis and
pathophysiology of the disease.
(B) Expansion of molecular biology and immunology
studies, including additional animal models.
(C) Global association mapping with single
nucleotide polymorphisms.
(D) Identification of environmental triggers and
autoantigens in psoriasis.
(E) Elucidation of specific immunologic cells and
their products involved.
(F) Pharmcogenetic studies to understand the
molecular basis for varying patient response to
treatment.
(G) Identification of genetic markers of psoriatic
arthritis susceptibility.
(H) Research to increase understanding of joint
inflammation and destruction in psoriatic arthritis.
(I) Investigator-initiated clinical research for
the development and evaluation of new treatments,
including new biological agents.
(J) Research to develop enhanced diagnostic tests
that allow for earlier diagnosis of psoriasis and
improved outcomes.
(K) Research to increase understanding of the
epidemiology and pathophysiology of co-morbidities
associated with psoriasis, including shared molecular
pathways.
(2) Coordination with other institutes.--In carrying out
paragraph (1), the directors of the National Institute of
Arthritis and Musculoskeletal and Skin Diseases and the
National Institute of Allergy and Infectious Diseases shall
coordinate the activities of such Institutes with the
activities of other national research institutes and other
agencies and offices of the National Institutes of Health
relating to psoriasis or psoriatic arthritis.
SEC. 5. PSORIASIS AND PSORIATIC ARTHRITIS DATA COLLECTION AND NATIONAL
PATIENT REGISTRY.
The Secretary, acting through the Director of the Centers for
Disease Control and Prevention and in collaboration with a national
organization serving people with psoriasis and psoriatic arthritis,
shall undertake psoriasis and psoriatic arthritis data collection and
develop a psoriasis and psoriatic arthritis patient registry.
SEC. 6. NATIONAL SUMMIT.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary is encouraged to convene a summit
on the Federal Government's current and future efforts, and the
initiatives necessary to fill any gaps, with respect to the conduct or
support of psoriasis and psoriatic arthritis research, treatment,
education, quality-of-life, and data collection activities. The summit
should also address psoriasis and psoriatic arthritis related co-
morbidities and should include researchers, public health
professionals, representatives of voluntary health agencies and patient
advocacy organizations, representatives of academic institutions,
representatives from the pharmaceutical and medical research industry,
and Federal and State policymakers, including representatives of the
Agency for Healthcare Research and Quality, the Centers for Disease
Control and Prevention, the Food and Drug Administration, and the
National Institutes of Health.
(b) Focus.--The summit convened under this section should focus
on--
(1) a broad range of research activities relating to
biomedical, epidemiological, psychosocial, and rehabilitative
issues;
(2) clinical research for the development and evaluation of
new treatments, including new biological agents;
(3) translational research;
(4) information and education programs for health care
professionals and the public;
(5) priorities among the programs and activities of the
various Federal agencies involved in psoriasis and psoriatic
arthritis and related co-morbidities; and
(6) challenges, opportunities, and recommendations for
scientists, clinicians, patients, and voluntary organizations.
(c) Report to Congress.--Not later than 180 days after the first
day of the summit convened under this section, the Secretary shall
submit to the Congress and make publicly available a report that
includes a description of--
(1) the proceedings at the summit; and
(2) recommendations related to the research, treatment,
education, and quality-of-life activities conducted or
supported by the Federal Government with respect to psoriasis
and psoriatic arthritis, including psoriasis and psoriatic
arthritis related co-morbidities.
SEC. 7. STUDY AND REPORT BY THE INSTITUTE OF MEDICINE.
(a) In General.--The Secretary shall enter into an agreement with
the Institute of Medicine to conduct a study on the following:
(1) The extent to which public and private insurers cover
prescription medications and other treatments for psoriasis and
psoriatic arthritis.
(2) The payment structures, such as deductibles and co-
payments, and the amounts and duration of coverage under health
plans and their adequacy to cover the costs of providing
ongoing care to, and ensure access for, patients with psoriasis
and psoriatic arthritis.
(3) Health plan and insurer coverage policies and
practices, including life-time caps, and their impact on the
access of such patients to the best regimen and most
appropriate care for their particular disease state.
(b) Report.--The agreement entered into under subsection (a) shall
provide for the Institute of Medicine to submit to the Secretary and
the Congress, not later than 18 months after the date of the enactment
of this Act, a report containing a description of--
(1) the results of the study conducted under this section;
and
(2) the conclusions and recommendations of the Institute of
Medicine regarding each of the issues described in paragraphs
(1) through (3) of subsection (a).
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
To carry out this Act, there are authorized to be appropriated such
sums as may be necessary for each of fiscal years 2010 through 2014. | Psoriasis and Psoriatic Arthritis Research, Cure, and Care Act of 2009 - Requires the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health (NIH), to continue to expand and intensify research and related NIH activities with respect to psoriasis and psoriatic arthritis.
Requires the Directors of the National Institute of Arthritis and Musculoskeletal and Skin Diseases and the National Institute of Allergy and Infectious Diseases to continue to conduct and support research to expand understanding of the causes of, and to find a cure for, psoriasis and psoriatic arthritis.
Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to undertake psoriasis and psoriatic arthritis data collection and develop a psoriasis and psoriatic arthritis patient registry.
Encourages the Secretary to convene a summit on federal efforts regarding psoriasis and psoriatic arthritis research, treatment, education, quality-of-life, and data collection.
Directs the Secretary to enter into an agreement with the Institutes of Medicine to study insurance coverage of psoriasis and psoriatic arthritis. | {"src": "billsum_train", "title": "To strengthen the Nation's research efforts to identify the causes and cure of psoriasis and psoriatic arthritis, expand psoriasis and psoriatic arthritis data collection, and study access to and quality of care for people with psoriasis and psoriatic arthritis, and for other purposes."} | 2,243 | 305 | 0.539047 | 1.67176 | 0.677015 | 6.262376 | 9.420792 | 0.955446 |
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