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SECTION 1. SHORT TITLE AND DEFINITIONS.
(a) Short Title.--This Act may be cited as the ``Big Sur Wilderness
and Conservation Act of 2002''.
(b) Definitions.--As used in this Act, the term ``Secretary'' means
the Secretary of the Interior or the Secretary of Agriculture, as
appropriate.
SEC. 2. ADDITIONS TO THE WILDERNESS PRESERVATION SYSTEM.
(a) Additions to Ventana Wilderness.--
(1) In general.--The areas described in paragraph (2)--
(A) are hereby designated as wilderness and, therefore, as
components of the National Wilderness Preservation System; and
(B) are hereby incorporated in and shall be deemed to be a
part of the Ventana Wilderness designated by Public Law 91-58.
(2) Areas described.--The areas referred to in paragraph (1)
are the following lands in the State of California administered by
the Bureau of Land Management or the United States Forest Service:
(A) Certain lands which comprise approximately 995 acres,
as generally depicted on a map entitled ``Anastasia Canyon
Proposed Wilderness Additions to the Ventana Wilderness'' and
dated March 22, 2002.
(B) Certain lands which comprise approximately 3,530 acres,
as generally depicted on a map entitled ``Arroyo Seco Corridor
Proposed Wilderness Addition to the Ventana Wilderness'' and
dated March 22, 2002.
(C) Certain lands which comprise approximately 14,550
acres, as generally depicted on a map entitled ``Bear Canyon
Proposed Wilderness Addition to the Ventana Wilderness'' and
dated March 22, 2002.
(D) Certain lands which comprise approximately 855 acres,
as generally depicted on a map entitled ``Black Rock Proposed
Wilderness Additions to the Ventana Wilderness'' and dated
March 22, 2002.
(E) Certain lands which comprise approximately 6,550 acres,
as generally depicted on a map entitled ``Chalk Peak Proposed
Wilderness Addition to the Ventana Wilderness'' and dated March
22, 2002.
(F) Certain lands which comprise approximately 1,345 acres,
as generally depicted on a map entitled ``Chews Ridge Proposed
Wilderness Addition to the Ventana Wilderness'' and dated March
22, 2002.
(G) Certain lands which comprise approximately 2,130 acres,
as generally depicted on a map entitled ``Coast Ridge Proposed
Wilderness Additions to the Ventana Wilderness'' and dated
March 22, 2002.
(H) Certain lands which comprise approximately 2,270 acres,
as generally depicted on a map entitled ``Horse Canyon Proposed
Wilderness Addition to the Ventana Wilderness'' and dated March
22, 2002.
(I) Certain lands which comprise approximately 755 acres,
as generally depicted on a map entitled ``Little Sur Proposed
Wilderness Addition to the Ventana Wilderness'' and dated March
22, 2002.
(J) Certain lands which comprise approximately 4,130 acres,
as generally depicted on a map entitled ``San Antonio Proposed
Wilderness Addition to the Ventana Wilderness'' and dated March
22, 2002.
(b) Additions to Silver Peak Wilderness.--
(1) In general.--The areas described in paragraph (2)--
(A) are hereby designated as wilderness and, therefore, as
components of the National Wilderness Preservation System; and
(B) are hereby incorporated in and shall be deemed to be a
part of the Silver Peak Wilderness designated by Public Law
102-301.
(2) Areas described.--The areas referred to in paragraph (1)
are the following lands in the State of California administered by
the United States Forest Service:
(A) Certain lands which comprise approximately 8,235 acres,
as generally depicted on a map entitled ``San Carpoforo
Proposed Wilderness Addition to the Silver Peak Wilderness''
and dated March 22, 2002.
(B) Certain lands which comprise approximately 8,820 acres,
as generally depicted on a map entitled ``Willow Creek Proposed
Wilderness Addition to the Silver Peak Wilderness'' and dated
March 22, 2002.
(c) Additions to Pinnacles Wilderness.--
(1) In general.--The areas described in paragraph (2)--
(A) are hereby designated as wilderness and, therefore, as
components of the National Wilderness Preservation System; and
(B) are hereby incorporated in and shall be deemed to be a
part of the Pinnacles Wilderness designated by Public Law 94-
567.
(2) Areas described.--The areas referred to in paragraph (1)
are the lands in the State of California administered by the
National Park Service which comprise approximately 2,715 acres, as
generally depicted on a map entitled ``Pinnacles Proposed
Wilderness Additions'' and dated October 30, 2001.
(d) Maps and Descriptions.--
(1) Filing.--As soon as practicable after the date of enactment
of this Act, the appropriate Secretary shall file a map and a
boundary description of each area designated as wilderness by this
Act with the Committee on Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate.
(2) Effect.--Each map and description shall have the same force
and effect as if included in this Act, except that the appropriate
Secretary is authorized to correct clerical and typographical
errors in such boundary descriptions and maps.
(3) Availability.--Such maps and boundary descriptions shall be
on file and available for public inspection in the Office of the
Director of the Bureau of Land Management and in the Office of the
Chief of the Forest Service, as appropriate.
(e) State and Private Lands.--Lands within the exterior boundaries
of any area added to a wilderness area under this section that are
owned by the State or by a private entity shall be included within such
wilderness area if such lands are acquired by the United States. Such
lands may be acquired by the United States only as provided in the
Wilderness Act (16 U.S.C. 1131 and following).
SEC. 3. ADMINISTRATIVE PROVISIONS.
(a) In General.--Subject to valid existing rights, lands designated
as wilderness by this Act shall be managed by the Secretary of
Agriculture or the Secretary of the Interior, as appropriate, in
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this
Act, except that, with respect to any wilderness areas designated by
this Act, any reference in the Wilderness Act to the effective date of
the Wilderness Act shall be deemed to be a reference to the date of
enactment of this Act.
(b) Grazing.--Grazing of livestock in wilderness areas designated
by this Act shall be administered in accordance with the provisions of
section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)), as
further interpreted by section 108 of Public Law 96-560, and, the
guidelines set forth in Appendix A of House Report 101-405 of the 101st
Congress.
(c) State Jurisdiction.--As provided in section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this Act shall be
construed as affecting the jurisdiction or responsibilities of the
State of California with respect to wildlife and fish in California.
(d) Water.--
(1) Reservation of water.--With respect to each wilderness area
designated by this Act, Congress hereby reserves a quantity of
water sufficient to fulfill the purposes of this Act. The priority
date of such reserved rights shall be the date of enactment of this
Act.
(2) Requirement to protect rights.--The appropriate Secretary
and all other officers of the United States shall take steps
necessary to protect the rights reserved by paragraph (1),
including the filing by the Secretary of a claim for the
quantification of such rights in any present or future appropriate
stream adjudication in the courts of the State of California in
which the United States is or may be joined and which is conducted
in accordance with the McCarran Amendment (43 U.S.C. 666).
(3) No reduction or relinquishment.--Nothing in this Act shall
be construed as a relinquishment or reduction of any water rights
reserved or appropriated by the United States in the State of
California on or before the date of enactment of this Act.
(4) Limitation on effect.--The Federal water rights reserved by
this Act are specific to the wilderness areas located in the State
of California designated by this Act. Nothing in this Act related
to reserved Federal water rights shall be construed as establishing
a precedent with regard to any future designations, nor shall it
constitute an interpretation of any other Act or any designation
made pursuant thereto.
SEC. 4. WILDERNESS FIRE MANAGEMENT.
(a) Revision of Management Plans.--The Secretary of Agriculture
shall, by not later than 1 year after the date of the enactment of this
Act, amend the management plans that apply to each of the Ventana
Wilderness and the Silver Peak Wilderness, respectively, to authorize
the Forest Supervisor of the Los Padres National Forest to take
whatever appropriate actions in such wilderness areas are necessary for
fire prevention and watershed protection consistent with wilderness
values, including best management practices for fire presuppression and
fire suppression measures and techniques.
(b) Incorporation Into Forest Planning.--Any special provisions
contained in the management plan for the Ventana Wilderness and Silver
Peak Wilderness pursuant to subsection (a) shall be incorporated into
the management plan for the Los Padres National Forest.
SEC. 5. MILITARY TRAINING AT FORT HUNTER-LIGGETT.
(a) Overflights.--Nothing in this Act shall preclude low level
overflights of military aircraft, the designation of new units of
special airspace, or the use or establishment of military flight
training routes over wilderness areas designated by this Act.
(b) Military Access.--Nonmotorized access to and use of the
wilderness areas designated by this Act for military training shall be
authorized to continue in wilderness areas designated by this Act in
the same manner and degree as authorized prior to enactment of this
Act.
SEC. 6. BIG SUR INVASIVE SPECIES ERADICATION.
(a) In General.--The Secretary of Agriculture may conduct a 5-year
pilot program to target the eradication of invasive plant and animal
species in the Monterey District of the Los Padres National Forest.
(b) Application to Other Property.--Activities under the program
may include actions to address invasive species problems on nearby
private land or other land that is not Forest Service property, if--
(1) the land owner, or the head of the governmental agency
having administrative jurisdiction over the land in the case of
State, local, or Federal government-owned land, seeks to
participate in the program; and
(2) the invasive species concerned occurs on the land and poses
a threat to national forest lands.
(c) Authorization of Appropriations.--To carry out this section
there is authorized to be appropriated $1,000,000 for each of 5 fiscal
years.
SEC. 8. SILVER PEAK WILDERNESS WATER SYSTEM SPLIT.
The Secretary of Agriculture may authorize the construction and
maintenance of a new water line and corresponding spring box
improvements adjacent to an existing domestic water service in the
Silver Peak Wilderness.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Big Sur Wilderness and Conservation Act of 2002 - Designates specified lands administered by the Bureau of Land Management, the U.S. Forest Service, or the National Park Service in California as wilderness, as components of the National Wilderness Preservation System, and as additions to the Ventana, Silver Peak, or Pinnacles Wilderness areas.Provides for livestock grazing in such areas to be administered in accordance with the Wilderness Act. Reserves for each designated wilderness area a quantity of water sufficient to fulfill the purposes of this Act and directs the Secretary of the Interior or Agriculture, as appropriate, and all other U.S. officers to protect such water rights.Directs the Secretary of Agriculture to amend the management plans for the Ventana and Silver Peak Wildernesses to authorize the Forest Supervisor of the Los Padres National Forest to take appropriate actions for fire prevention and watershed protection in such areas. Incorporates any special provisions in the management plan for such Wildernesses into the Los Padres National Forest management plan.Permits military flights and flight training over, and continued non-motorized access for military training in, such wilderness areas.Authorizes the Secretary of Agriculture to conduct a 5-year pilot program to eradicate invasive plant and animal species in the Monterey District of Los Padres National Forest. Permits program activities to include actions to address invasive species problems on nearby private land or other land that is not Forest Service property if: (1) the land owner or responsible government agency head seeks to participate in the program; and (2) the invasive species occurs on the land and poses a threat to national forest lands. Authorizes appropriations.Authorizes such Secretary to permit the construction and maintenance of a new water line and spring box improvements adjacent to an existing domestic water service in the Silver Peak Wilderness. | {"src": "billsum_train", "title": "To designate certain lands in the State of California as components of the National Wilderness Preservation System, and for other purposes."} | 2,673 | 405 | 0.532588 | 1.615961 | 0.684532 | 4.253776 | 6.700906 | 0.924471 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Help Separated Families Act of
2012''.
SEC. 2. IMMIGRATION STATUS ALONE NOT A DISQUALIFICATION FROM BEING A
PLACEMENT FOR A FOSTER CHILD.
Section 471(a)(19) of the Social Security Act (42 U.S.C.
671(a)(19)) is amended--
(1) by striking ``(19) provides that the State'' and
inserting the following:
``(19) provides that--
``(A) the State''; and
(2) by adding after and below the end the following:
``(B) such standards shall ensure that the
immigration status alone of a parent, legal guardian,
or relative shall not disqualify the parent, legal
guardian, or relative from being a placement for a
child;''.
SEC. 3. STATE PLAN REQUIREMENT TO ACCEPT CERTAIN DOCUMENTS ISSUED BY
FOREIGN ENTITIES AS SUFFICIENT IDENTIFICATION FOR
PURPOSES OF INITIATING A CRIMINAL RECORDS CHECK OR A
FINGERPRINT-BASED CHECK.
Section 471(a)(20) of the Social Security Act (42 U.S.C.
671(a)(20)) is amended--
(1) in subparagraph (A), by inserting ``which procedures
shall require the State (including the State agency, the child
welfare agency of any county or other political subdivision of
the State, and caseworkers and supervisors of any such agency)
to accept a foreign consulate identification card, a foreign
passport, or such other foreign identification document as may
be allowed in regulations prescribed by the Secretary, as
sufficient identification for purposes of initiating a criminal
records check or a fingerprint-based check,'' before
``including procedures''; and
(2) in subparagraph (C), by inserting ``, which procedures
shall require the State (including the State agency, the child
welfare agency of any county or other political subdivision of
the State, and caseworkers and supervisors of any such agency)
to accept a foreign consulate identification card, a foreign
passport, or such other foreign identification document as may
be allowed in regulations prescribed by the Secretary, as
sufficient identification for purposes of initiating a criminal
records check or a fingerprint-based check'' before the
semicolon.
SEC. 4. STATE CHILD WELFARE AGENCIES ENCOURAGED TO GRANT WAIVERS OF
REQUIREMENTS THAT WOULD PREVENT A CHILD FROM BEING PLACED
WITH A RELATIVE ON THE BASIS OF A MINOR LEGAL INFRACTION
BY THE RELATIVE.
It is the sense of the Congress that the child welfare agency of a
State, or of any county or other political subdivision of a State,
should grant a waiver of any requirement which would prevent the
placement of a child with a relative of the child, on the basis of a
minor legal infraction, if the relative would otherwise be considered
eligible for such a placement.
SEC. 5. STATE PLAN REQUIREMENT TO NOTIFY RELATIVES SEEKING PLACEMENT OF
A CHILD THAT THEIR IMMIGRATION STATUS WILL NOT BE
QUESTIONED.
Section 471(a)(29) of the Social Security Act (42 U.S.C.
671(a)(29)) is amended--
(1) by striking ``and'' at the end of subparagraph (C);
(2) by adding ``and'' at the end of subparagraph (D); and
(3) by adding at the end the following:
``(E) the immigration status of any such relative
seeking placement of the child with the relative shall
not be questioned, except to the extent necessary in
determining eligibility for relevant services or
programs;''.
SEC. 6. PROHIBITION ON STATE FILING FOR TERMINATION OF PARENTAL RIGHTS
IN FOSTER CARE CASES IN WHICH OTHERWISE FIT AND WILLING
PARENT OR RELATIVE HAS BEEN DEPORTED OR IS INVOLVED IN AN
IMMIGRATION PROCEEDING, UNLESS CERTAIN CONDITIONS HAVE
BEEN MET.
Section 475(5)(E) of the Social Security Act (42 U.S.C. 675(5)(E))
is amended by adding after and below the end the following flush text:
``except that the State, and a county or other political
subdivision of the State, shall not file (or join in the filing
of such a petition) based on the removal of the parent from the
United States or the involvement of the parent in (including
detention pursuant to) an immigration proceeding, unless (I)
the State (or the county or other political subdivision of the
State, as the case may be) has made reasonable efforts to
identify, locate, and contact any parent of the child, who has
been removed from the United States, and any adult relative of
the child, referred to in section 471(a)(29), including through
the diplomatic or consular offices of the country to which the
parent was removed, to notify such a parent or relative of the
intent of the State (or the county or other political
subdivision of the State, as the case may be) to file (or join
in the filing of) such a petition, and to reunify the child
with any such parent or relative; or (II) the parent is unfit
or unwilling to be a parent of the child;''.
SEC. 7. EFFECTIVE DATE.
(a) In General.--The amendments made by this Act shall take effect
on the 1st day of the 1st fiscal year beginning on or after the date of
the enactment of this Act, and shall apply to payments under part E of
title IV of the Social Security Act for calendar quarters beginning on
or after such date.
(b) Delay Permitted if State Legislation Required.--If the
Secretary of Health and Human Services determines that State
legislation (other than legislation appropriating funds) is required in
order for a State plan approved under part E of title IV of the Social
Security Act to meet the additional requirements imposed by the
amendments made by this Act, the plan shall not be regarded as failing
to meet any of the additional requirements before the 1st day of the
1st calendar quarter beginning after the 1st regular session of the
State legislature that begins after the date of the enactment of this
Act. For purposes of the preceding sentence, if the State has a 2-year
legislative session, each year of the session is deemed to be a
separate regular session of the State legislature. | Help Separated Families Act of 2012 - Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to: (1) require state child protection standards to ensure that the immigration status alone of a parent, legal guardian, or relative shall not disqualify the parent, legal guardian, or relative from being a placement for a child; and (2) require the state procedures for criminal records checks to require the state to accept foreign identification documents as sufficient identification for purposes of initiating a criminal records check or a fingerprint-based check.
Expresses the sense of Congress that the child welfare agency of a state, or of any county or other political subdivision of a state, should grant a waiver of any requirement which would prevent the placement of a child with a relative of the child, on the basis of a minor legal infraction, if the relative would otherwise be considered eligible for such a placement.
Requires the state plan for foster care and adoption assistance to notify relatives seeking placement of a child that their immigration status will not be questioned, except to the extent necessary in determining eligibility for relevant services or programs.
Prohibits a state or local government agency from filing for termination of parental rights in foster care cases based on the removal of the parent from the United States or the parent's involvement in an immigration proceeding, unless: (1) the state (or local agency) has made reasonable efforts to notify of the intention to file such a petition any parent of the child who has been removed from the United States, and any adult relative of the child, including through the diplomatic or consular offices of the country to which the parent was removed, and to reunify the child with any such parent or relative; or (2) the parent is unfit or unwilling to be a parent of the child. | {"src": "billsum_train", "title": "To amend part E of title IV of the Social Security Act to ensure that immigration status alone does not disqualify a parent, legal guardian, or relative from being a placement for a foster child, to prohibit a State, county, or other political subdivision of a State from filing for termination of parental rights in foster care cases in which an otherwise fit and willing parent or legal guardian has been deported or is involved in (including detention pursuant to) an immigration proceeding, unless certain conditions have been met, and for other purposes."} | 1,529 | 399 | 0.691409 | 2.32865 | 0.815553 | 6.722689 | 3.512605 | 0.957983 |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Distilled Spirits
Tax Payment Simplification Act of 1995''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provision of the
Internal Revenue Code of 1986.
SEC. 2. TRANSFER OF DISTILLED SPIRITS BETWEEN BONDED PREMISES.
(a) Section 5212 is amended to read as follows:
``SEC. 5212. TRANSFER OF DISTILLED SPIRITS BETWEEN BONDED PREMISES.
``Distilled spirits on which the internal revenue tax has not been
paid as authorized by law may, under such regulations as the Secretary
shall prescribe, be transferred in bond between bonded premises in any
approved container. For the purposes of this chapter, except in the
case of any transfer from a premise of a bonded dealer, the removal of
distilled spirits for transfer in bond between bonded premises shall
not be construed to be a withdrawal from bonded premises.''
(b) The first sentence of section 5232 is amended to read as
follows:
``Distilled spirits imported or brought into the United States,
under such regulations as the Secretary shall prescribe, may be
withdrawn from customs custody and transferred to the bonded premises
of a distilled spirits plant without payment of the internal revenue
tax imposed on such distilled spirits.''
SEC. 3. ESTABLISHMENT OF DISTILLED SPIRITS PLANT.
Section 5171 is amended by--
(1) striking from subsection (a) the phrase ``or
processor'' and inserting therein ``processor, or bonded
dealer;'' and
(2) deleting from subsection (b) the ``or both.'' and
inserting thereafter ``as a bonded dealer, or as any
combination thereof.''
SEC. 4. DISTILLED SPIRITS PLANTS.
Section 5178(a) is amended by adding the following new paragraph
after paragraph (4) to read as follows:
``(5) Bonded dealer operations.--Any person establishing a
distilled spirits plant to conduct operations as a bonded
dealer may, as described in the application for registration--
``(A) store distilled spirits in any approved
container on the bonded premises of such plant, and
``(B) under such regulations as the Secretary shall
prescribe, store taxpaid distilled spirits, beer and
wine and such other beverages and items (products) not
subject to tax or regulation under this title on such
bonded premises.''
SEC. 5. BONDED DEALERS.
(a) Section 5002(a) is amended by inserting after subsection
(a)(15) the following new paragraphs:
``(16) Bonded Dealer.--The term `bonded dealer' means any person
who has elected under section 5011 to be treated as a bonded dealer.
``(17) Control State Entity.--The term `control State entity' means
a State or a political subdivision of a State in which only the State
or a political subdivision thereof is allowed under applicable law to
perform distilled spirit operations, or any instrumentality of such a
State or political subdivision.''
(b) Subpart A of part I of subchapter A of chapter 51 (relating to
distilled spirits) is amended by adding at the end thereof the
following new section:
``SEC. 5011. ELECTION TO BE TREATED AS BONDED DEALER.
``(a) Election.--Any wholesale dealer, or any control State entity,
may elect, at such time and in such manner as the Secretary shall
prescribe, to be treated as a bonded dealer if such wholesale dealer or
entity sells bottled distilled spirits exclusively to a wholesale
dealer in liquor, to an independent retail dealer subject to the
limitation set forth in subsection (b), or to another bonded dealer.
``(b) Special Rules.--(1) Any person, other than a control State
entity, who is a bonded dealer shall not be considered as selling to an
independent retail dealer if the bonded dealer has a greater than 10
percent ownership interest in, or control of the retail dealer; the
retail dealer has a greater than 10 percent ownership interest in, or
control of the bonded dealer; or where any person has a greater than 10
percent ownership interest in, or control of both the bonded and retail
dealer. For purposes of this subparagraph, ownership interest, not
limited to stock ownership, shall be attributed to other persons in the
manner prescribed by section 318.
``(2) In the case of any control State entity, subsection (a) shall
be applied without regard to the word `independent'''.
``(c) Inventory Owned at Time of Election.--Any bottled distilled
spirits in the inventory of any person electing under section 5011 to
be treated as a bonded dealer shall, to the extent that the Federal
excise tax previously has been determined and paid at the time the
election becomes effective, not be subject to additional Federal excise
tax on such spirits as a result of the election being in effect.
``(d) Revocation of Election.--The election made under this section
may be revoked by the bonded dealer at any time, but once revoked shall
not be made again without the consent of the Secretary. When the
election is revoked, the bonded dealer shall immediately withdraw the
distilled spirits on determination of tax in accordance with a tax
payment procedure established by the Secretary.
``(e) Equitable Treatment of Bonded Dealers Using LIFO Inventory.--
The Secretary shall provide such rules as may be necessary to assure
that taxpayers using the last-in first-out method of inventory
valuation do not suffer a recapture of their LIFO reserve by reason of
making the election under section 5011 or by reason of operating a
bonded wine cellar as permitted by section 5351.
``(f) Approval of Application.--Any person submitting an
application under section 5171(c) and electing under this section to be
treated as a bonded dealer shall be entitled to approval of such
application to the same extent they would be entitled to approval of an
application for a basic permit under section 204(a)(2) of title 27 of
the United States Code (the Federal Alcohol Administration Act) and
shall be accorded notice and hearing as described in section 204(b) of
such title 27.''
(c) Conforming amendment.--The tables of sections of subpart A of
part I of subchapter A of chapter 51 and the table of contents of
subtitle E are amended by adding at the appropriate places:
``Sec. 5011. Election To Be Treated As
Bonded Dealer.''
SEC. 6. DETERMINATION OF TAX.
Section 5006 is amended by amending the first sentence of
subsection (a)(1) to read as follows: ``Except as otherwise provided in
this section, the tax on distilled spirits shall be determined when the
spirits are transferred from a distilled spirits plant to a bonded
dealer or are withdrawn from bond.''
SEC. 7. LOSS OR DESTRUCTION OF DISTILLED SPIRITS.
(a) Subsections (a)(1)(A) and (a)(2) of section 5008 are amended by
adding ``bonded dealer,'' immediately after ``distilled spirits
plant''.
(b) Subsection (c)(1) of section 5008 is amended by striking the
words ``of a distilled spirits plant''.
(c) Subsection (c)(2) of section 5008 is amended by striking the
words ``distilled spirits plant'' and inserting in lieu thereof the
words ``bonded premises''.
SEC. 8. TIME FOR COLLECTING TAX ON DISTILLED SPIRITS.
(a) In section 5061(d) redesignate paragraph (5) as paragraph (6)
and insert after paragraph (4) the following new paragraph:
``(5) Advanced payment of distilled spirits tax.--
Notwithstanding the preceding provisions of this subsection, in
the case of any tax imposed by section 5001 with respect to a
bonded dealer who has an election in effect on September 20 of
any year, any payment of which would, but for this paragraph,
be due in October or November of that year, shall be made on
such September 20. No penalty or interest shall be imposed for
the period from such September 20 until the due date determined
without regard to this paragraph to the extent that tax due
exceeds the tax which would have been due with respect to
distilled spirits in the preceding October and November had the
election under section 5011 been in effect.''
(b) Section 5061(e) is amended by inserting in paragraph (1) the
words ``or any bonded dealer,'' immediately after ``respectively,''.
SEC. 9. EXEMPTION FROM OCCUPATIONAL TAX NOT APPLICABLE.
Section 5113(a) is amended by adding immediately after the last
sentence the following new sentence to read as follows: ``This
exemption shall not apply to a proprietor of a distilled spirits plant
whose premises are used for operations of a bonded dealer.''
SEC. 10. TECHNICAL, CONFORMING AND CLERICAL AMENDMENTS.
(a) Technical and Conforming Amendments.--
(1) Section 5003(3) is amended to delete the term
``certain'' from the sentence.
(2) Section 5214 is amended by redesignating subsection (b)
as (c) and inserting a new subsection (b) to read as follows:
``(b) Exception.--Subsections (a) (1), (2), (3), (5), (10), (11),
and (12) of this section shall not apply to distilled spirits withdrawn
from premises used for operations as a bonded dealer.''
(3) Section 5215(a) is amended by inserting a period after
the word ``plant'' and striking the words ``but only for
destruction, denaturation, redistillation, reconditioning, or
rebottling:''.
(4) Section 5362(b)(5) is amended by adding the following
sentence to read as follows: ``This term will not apply to
premises used for operations as a bonded dealer.''.
(5) Section 5551(a) is amended by inserting after the term
``processor'' at each place it appears the phrase ``bonded
dealer,''.
(6) Section 5601(a) (2), (3), (4), (5), and (b) are amended
by inserting ``, bonded dealer'' immediately before the word
``processor'' at each place it appears.
(7) Section 5602 is amended by inserting ``, warehouseman,
processor, or bonded dealer'' immediately after the word
``distiller''.
(8) Section 5115, 5180, and 5681 are repealed.
(b) Clerical Amendments.--
(1) The table of sections for part II of subchapter A of
chapter 51 is amended by striking out the item relating to
section 5115.
(2) The table of sections for subchapter B of chapter 51 is
amended by striking out the item relating to section 5180.
(3) The table of sections for part IV of subchapter J of
chapter 51 is amended by striking out the item relating to
section 5681.
SEC. 11. EFFECTIVE DATE.
(a) Except as provided in subsection (b) the provisions of this Act
shall take effect one hundred and twenty days following enactment.
(b)(1) The amendments made by section 3 of this Act shall take
effect on the date of enactment of this Act, and
(2) Each wholesale dealer who is required to file an application
for registration under section 5171(c) whose operations are required to
be covered by a basic permit under the Federal Alcohol Administration
Act (27 U.S.C. 203 and 204) and who has received such basic permits as
an importer, wholesaler, or as both, and has obtained a bond required
under this subchapter before the close of the fourth month following
enactment of this Act, shall be qualified to operate bonded premises
until such time as the Secretary takes final action on the application.
Any control State entity that has obtained a bond required under this
subchapter shall be qualified to operate bonded premises until such
time as the Secretary takes final action on the application for
registration under section 5171(c). | Distilled Spirits Tax Payment Simplification Act of 1995 - Amends the Internal Revenue Code to modify or impose requirements regarding: (1) the transfer of distilled spirits between bonded premises and between importation and bonded premises; (2) operations as a bonded dealer conducted on the bonded premises of a distilled spirits plant; (3) establishment and operation of such a plant by a bonded dealer; (4) election to be treated as a bonded dealer; (5) the time at which the tax on distilled spirits is determined; (6) distilled spirits lost or destroyed in bond or returned to bonded premises; (7) the time for tax payment and payment by electronic transfer; and (8) application to a plant used by a bonded dealer of provisions relating to sales by proprietors of controlled premises. | {"src": "billsum_train", "title": "Distilled Spirits Tax Payment Simplification Act of 1995"} | 2,822 | 174 | 0.685293 | 1.844994 | 0.852358 | 2.601307 | 16.320261 | 0.901961 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preserving American Homeownership
Act of 2012''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The stability of the economy, housing market, and
neighborhoods of the United States depends upon reducing the
number of foreclosures in the United States.
(2) Homeowners struggling to make payments on homes with
mortgages that are deeply underwater are some of the most at
risk of foreclosure.
(3) A properly carried out principal modification program
will preserve the assets of the government-sponsored mortgage
enterprises assets and reduce taxpayer losses, consistent with
the mission of the Federal Housing Finance Agency as the
enterprises' conservator, and will help foster a more resilient
national housing market.
SEC. 3. SHARED APPRECIATION MORTGAGE MODIFICATION PILOT PROGRAMS.
(a) Definitions.--In this section--
(1) the term ``capital improvement'' means a home
improvement described in table 4 of Publication 530 of the
Internal Revenue Service, or any successor thereto;
(2) the term ``covered mortgage'' means a mortgage--
(A) that is--
(i) sold to the Federal National Mortgage
Association, the Government National Mortgage
Association, or the Federal Home Loan Mortgage
Corporation; or
(ii) insured under title II of the National
Housing Act (12 U.S.C. 1707 et seq.);
(B) that is secured by real property that is the
primary residence of a homeowner;
(C) that has an outstanding principal balance of an
amount that is greater than the appraised value of the
real property securing the mortgage, on or about the
date on which the homeowner is approved to participate
in the pilot program under subsection (b);
(D) with respect to which the homeowner is, both as
of the date of the enactment of this Act and as of the
date of the modification under a pilot program under
subsection (b)--
(i) not fewer than 60 days delinquent; or
(ii) at risk of imminent default; and
(E) of a homeowner who has a documented financial
hardship that prevents or will prevent the homeowner
from making mortgage payments;
(3) the term ``Director'' means the Director of the Federal
Housing Finance Agency;
(4) the term ``enterprise'' has the same meaning as in
section 1303 of the Federal Housing Enterprises Financial
Safety and Soundness Act of 1992 (12 U.S.C. 4502);
(5) the term ``homeowner'' means the mortgagor under a
covered mortgage;
(6) the term ``investor'' means--
(A) the mortgagee under a covered mortgage; or
(B) in the case of a covered mortgage that
collateralizes an asset-backed security, as defined in
section 3(a) of the Securities Exchange Act of 1934 (15
U.S.C. 78c(a)), the trustee for the asset-backed
security;
(7) the term ``pilot program'' means a pilot program
established under subsection (b); and
(8) the term ``shared appreciation mortgage modification''
means a modification of a covered mortgage in accordance with
subsection (c).
(b) Pilot Programs Established.--The Director of the Federal
Housing Finance Agency and the Federal Housing Commissioner, in
consultation with the Secretary of the Treasury, shall each establish a
pilot program to encourage, through assistance provided under the Home
Affordable Modification Program under the Making Home Affordable
initiative of the Secretary of the Treasury, the use of shared
appreciation mortgage modifications that are designed to return greater
cash flow to investors than other loss-mitigation activities, including
foreclosure, and result in positive net present value for the investor.
(c) Shared Appreciation Mortgage Modification.--For purposes of the
pilot program, a shared appreciation mortgage modification shall--
(1) reduce the loan-to-value ratio of a covered mortgage--
(A) to 115 percent immediately upon such
modification, by immediately reducing the amount of
principal under the covered mortgage accordingly; and
(B) to 95 percent within 3 years, by reducing the
amount of principal under the covered mortgage by \1/3\
at the end of each year for 3 years;
(2) reduce the interest rate for a covered mortgage, if a
reduction of principal under paragraph (1) would not result in
a reduced monthly payment that is affordable to the homeowner;
(3) reduce the amount of any periodic payment required to
be made by the homeowner, so that the amount payable by the
homeowner is equal to the amount that would be payable by the
homeowner if, on the date on which the shared appreciation
mortgage modification takes effect--
(A) all reductions of the amount of principal under
paragraph (1) had been made; and
(B) any reduction in the interest rate under
paragraph (2) for which the covered mortgage is
eligible had been made;
(4) require the homeowner to pay to the investor after
refinancing or selling the real property securing a covered
mortgage a percentage of the amount of any increase (not to
exceed 50 percent of such increase) in the value of the real
property during the period beginning on the date on which the
homeowner was approved to participate in the pilot program and
ending on the date of the refinancing or sale that is equal to
the percentage by which the investor reduced the amount of
principal under the covered mortgage under paragraph (1); and
(5) result in a positive net present value for the investor
after taking into account the principal reduction under
paragraph (1) and, if necessary, any interest rate reduction
under paragraph (2).
(d) Determination of Value of Home.--
(1) In general.--For purposes of this section, the value of
real property securing a covered mortgage shall be determined
by a licensed appraiser who is independent of and does not
otherwise do business with the homeowner, servicer, investor,
or an affiliate of the homeowner, servicer, or investor, except
that, where available, such value may be determined using a
reliable estimate of value provided by an automated valuation
model of an enterprise.
(2) Time for determination.--The value of real property
securing a covered mortgage shall be determined on a date that
is as close as practicable to the date on which a homeowner
begins to participate in a pilot program.
(3) Cost.--
(A) Responsibility for cost.--
(i) Initial cost.--The investor shall pay
the cost of an appraisal or other determination
of value under paragraph (1).
(ii) Deduction from homeowner share.--At
the option of the investor, the cost of an
appraisal or other determination of value under
paragraph (1) may be added to the amount paid
by the homeowner to the investor under
subsection (c)(4).
(B) Reasonableness of cost.--The cost of an
appraisal or other determination of value under
paragraph (1) shall be reasonable, as determined by the
Director and the Federal Housing Commissioner.
(4) Second appraisal.--At the time of refinancing or sale
of real property securing a covered mortgage, the investor may
request a second appraisal of the value of the real property,
at the expense of the investor, by a licensed appraiser who is
independent of and does not otherwise do business with the
homeowner, servicer, investor, or an affiliate of the
homeowner, servicer, or investor, if the investor believes that
the sale price or claimed value at the time of the refinancing
is not an accurate reflection of the fair market value of the
real property.
(e) Eligibility for Reduction of Principal.--Each pilot program
shall provide that a homeowner is not eligible for a reduction in the
amount of principal under a covered mortgage under a shared
appreciation mortgage modification if, after the homeowner begins
participating in the pilot program, the homeowner--
(1)(A) is delinquent on more than 3 payments under the
shared appreciation mortgage modification during any of the 3
successive 1-year periods beginning on the date on which the
shared appreciation mortgage modification is made; and
(B) fails to be current with all payments described in
paragraph (1) before the end of each 1-year period described in
paragraph (1); or
(2) obtains a mortgage, loan, or credit, or incurs any
other debt, that creates any additional lien on the residence
that is subject to the covered mortgage for which the shared
appreciation mortgage modification or for which such residence
is used as collateral.
The Director shall require, as a condition for participation in a pilot
program by a homeowner, that the homeowner enter into such agreements
as the Director considers necessary to ensure compliance with this
subsection.
(f) Notification.--
(1) In general.--Each pilot program shall require that the
servicer of a covered mortgage transmit to each homeowner
participating in the pilot program written notice, in clear and
simple language, of how to maintain and submit any
documentation of capital improvements that is necessary to
ensure that the shares of any increase in the value of the real
property securing the covered mortgage to which the investor
and the homeowner are entitled are determined accurately.
(2) Timing.--The pilot program shall require that a
servicer provide the notice described in paragraph (1)--
(A) before the homeowner accepts a shared
appreciation mortgage modification; and
(B) before the homeowner sells or refinances the
real property securing the covered mortgage.
(g) Participation by Servicers.--The Director shall require each
enterprise to require that any servicer of a covered mortgage in which
the enterprise is an investor participate in the pilot program of the
Federal Housing Finance Agency by offering shared appreciation mortgage
modifications to a random and statistically significant sampling of
homeowners with covered mortgages.
(h) Mortgage Insurance.--The Director shall--
(1) provide that an enterprise may negotiate regarding a
shared appreciation mortgage modification of a covered mortgage
with any provider of mortgage insurance for a mortgage on the
property subject to the covered mortgage; and
(2) allow advance claim agreements with respect to such
mortgage insurance policies.
(i) Maintenance of Lien Status.--A shared appreciation mortgage
modification of a covered mortgage under a pilot program under this
section shall not impair the priority status of liens on the residence
that is subject to the mortgage.
(j) Studies and Reports.--The Director and the Federal Housing
Commissioner shall--
(1) conduct annual studies of the pilot programs of the
Federal Housing Finance Agency and the Federal Housing
Administration, respectively; and
(2) submit a report to the Congress containing the results
of each study at the end of each of the 3 successive 1-year
periods beginning on the date on which the pilot program is
established.
(k) Termination.--On and after the date that is 2 years after the
date of enactment of this Act, the Director and the Federal Housing
Commissioner may not enter into any agreement under the pilot program
with respect to a shared appreciation mortgage modification. | Preserving American Homeownership Act of 2012 - Requires the Director of the Federal Housing Finance Agency and the Federal Housing Commissioner each to establish a pilot program to encourage, through assistance provided under the Home Affordable Modification Program (HAMP) under the Secretary of the Treasury's Making Home Affordable initiative, the use of shared appreciation mortgage modifications that: (1) are designed to return greater cash flow to investors than other loss-mitigation activities, including foreclosure; and (2) result in positive net present value for the investor.
Requires a shared appreciation mortgage modification to: (1) reduce by specified action the loan-to-value ratio of a covered mortgage to 115% immediately upon modification and to 95% within 3 years; (2) reduce the interest rate if such a principal reduction would not result in an affordable reduced monthly payment; (3) reduce to a specified amount any periodic payment the homeowner is required to make; (4) require the homeowner to pay the investor, after refinancing or selling the real property securing a covered mortgage, up to 50% of the amount of any increase in the value of the real property during a specified period; and (5) result in a positive net present value for the investor after taking into account the principal reduction and, if necessary, any interest rate reduction.
Requires the Director to: (1) provide that an enterprise may negotiate regarding a shared appreciation mortgage modification of a covered mortgage with any mortgage insurance provider for a mortgage on the subject property, and (2) allow advanced claim agreements with respect to such mortgage insurance policies. | {"src": "billsum_train", "title": "To establish pilot programs to encourage the use of shared appreciation mortgage modifications, and for other purposes."} | 2,325 | 330 | 0.564738 | 1.786375 | 0.784628 | 5.658065 | 7.274194 | 0.954839 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Travel America Now Act of 2001''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Prior to September 11, 2001, more than 19,000,000
Americans were employed in travel and travel-related jobs, with
an estimated annual payroll of $171,500,000,000.
(2) In recent years, the travel and tourism industry has
grown to be the third largest industry in the United States as
measured by retail sales, with over $582,000,000,000 in
expenditures, generating over $99,600,000,000 in Federal,
State, and local tax revenues in 2000.
(3) In 2000, the travel and tourism industry created a
$14,000,000,000 balance of trade surplus for the United States.
(4) The travel and tourism industry and all levels of
government are working together to ensure that, following the
horrific terrorist attacks on the World Trade Center and the
Pentagon on September 11, 2001, travel is safe and secure, and
that confidence among travelers is maintained.
(5) Urgent, short-term measures are necessary to keep
working people working and to generate cash flow to assist the
travel and tourism industry in its ongoing efforts to retain
its economic footing.
(6) Increased consumer spending on travel and tourism is
essential to revitalizing the United States economy.
(7) The American public should be encouraged to travel for
personal, as well as business, reasons as a means of keeping
working people working and generating cash flow that can help
stimulate a rebound in the Nation's economy.
SEC. 3. PERSONAL TRAVEL CREDIT.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25B the
following new section:
``SEC. 25C. PERSONAL TRAVEL 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 to the qualified personal travel
expenses which are paid or incurred by the taxpayer on or after the
date of the enactment of this section and before January 1, 2002.
``(b) Maximum Credit.--The credit allowed to a taxpayer under
subsection (a) for any taxable year shall not exceed $500 ($1,000, in
the case of a joint return).
``(c) Qualified Personal Travel Expenses.--For purposes of this
section--
``(1) In general.--The term `qualified personal travel
expenses' means reasonable expenses in connection with a
qualifying personal trip for--
``(A) travel by aircraft, rail, watercraft, or
motor vehicle, and
``(B) lodging while away from home at any
commercial lodging facility.
Such term does not include expenses for meals, entertainment,
amusement, or recreation.
``(2) Qualifying personal trip.--
``(A) In general.--The term `qualifying personal
trip' means travel within the United States--
``(i) the farthest destination of which is
at least 100 miles from the taxpayer's
residence,
``(ii) involves an overnight stay at a
commercial lodging facility and
``(iii) which is taken on or after the date
of the enactment of this section.
``(B) Only personal travel included.--Such term
shall not include travel if, without regard to this
section, any expenses in connection with such travel
are deductible in connection with a trade or business
or activity for the production of income.
``(3) Commercial lodging facility.--The term `commercial
lodging facility' includes any hotel, motel, resort, rooming
house, or campground.
``(d) Special Rules.--
``(1) 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.
``(2) Expenses must be substantiated.--No credit shall be
allowed by subsection (a) unless the taxpayer substantiates by
adequate records or by sufficient evidence corroborating the
taxpayer's own statement the amount of the expenses described
in subsection (c)(1).
``(e) Denial of Double Benefit.--No deduction shall be allowed
under this chapter for any expense for which credit is allowed under
this section.''.
(b) Conforming Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting before the item relating to section 26 the
following new item:
``Sec. 25C. Personal travel credit.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act.
SEC. 4. TEMPORARY INCREASE IN DEDUCTION FOR BUSINESS MEALS AND
ENTERTAINMENT.
(a) In General.--Subsection (n) of section 274 of the Internal
Revenue Code of 1986 (relating to only 50 percent of meal and
entertainment expenses allowed as deduction) is amended by adding at
the end the following new paragraph:
``(4) Temporary increase in limitation.--With respect to
any expense or item paid or incurred on or after the date of
the enactment of this paragraph and before January 1, 2002,
paragraph (1) shall be applied by substituting `100 percent'
for `50 percent'.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years ending after the date of the enactment of this Act.
SEC. 5. NET OPERATING LOSS CARRYBACK FOR TRAVEL AND TOURISM INDUSTRY.
(a) In General.--Paragraph (1) of section 172(b) of the Internal
Revenue Code of 1986 (relating to years to which loss may be carried)
is amended by adding at the end the following new subparagraph:
``(H) Travel and tourism industry losses.--In the
case of a taxpayer which has a travel or tourism loss
(as defined in subsection (j)) for a taxable year that
includes any portion of the period beginning on or
after September 12, 2001, and ending before January 1,
2002, such travel or tourism loss shall be a net
operating loss carryback to each of the 5 taxable years
preceding the taxable year of such loss.''.
(b) Special Rules for Travel and Tourism Industry Losses.--Section
172 of the Internal Revenue Code of 1986 (relating to net operating
loss deduction) is amended by redesignating subsection (j) as
subsection (k) and by inserting after subsection (i) the following new
subsection:
``(j) Rules Relating to Travel and Tourism Industry Losses.--For
purposes of this section--
``(1) In general.--The term `travel or tourism loss' means
the lesser of--
``(A) the amount which would be the net operating
loss for the taxable year if only income and deductions
attributable to the travel or tourism businesses are
taken into account, or
``(B) the amount of the net operating loss for such
taxable year.
``(2) Travel or tourism business.--The term `travel or
tourism business' includes the active conduct of a trade or
business directly related to travel or tourism, including--
``(A) the provision of commercial transportation
(including rentals) or lodging,
``(B) the operation of airports or other
transportation facilities or the provision of services
or the sale of merchandise within such facilities,
``(C) the provision of services as a travel agent,
``(D) the operation of convention, trade show, or
entertainment facilities, and
``(E) the provision of other services as specified
by the Secretary.
``(3) Coordination with subsection (b)(2).--For purposes of
applying subsection (b)(2), a travel or tourism loss for any
taxable year shall be treated in a manner similar to the manner
in which a specified liability loss is treated.
``(4) Election.--Any taxpayer entitled to a 5-year
carryback under subsection (b)(1)(H) from any loss year may
elect to have the carryback period with respect to such loss
year determined without regard to subsection (b)(1)(H). Such
election shall be made in such manner as may be prescribed by
the Secretary and shall be made by the due date (including
extensions of time) for filing the taxpayer's return for the
taxable year of the net operating loss. Such election, once
made for any taxable year, shall be irrevocable for such
taxable year.
``(5) Related taxpayers.--Under regulations prescribed by
the Secretary and at the election of a taxpayer entitled to a
5-year carryback under subsection (b)(1)(H) with respect to a
travel or tourism loss, such loss may be credited against the
taxable income earned during the 5-year carryback period by any
member of a controlled group of corporations (as defined in
section 1563(a)) of which the taxpayer is a component or
additional member within the meaning of section 1563(b).''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending before, on, or after the date of the
enactment of this Act.
SEC. 6. 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. | Travel America Now Act of 2001-Amends the Internal Revenue Code to temporarily: (1) allow a credit for qualified personal travel expenses; (2) restore full deductibility for business entertainment expenses; and (3) extend the carry-back period for travel or tourism industry losses. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide tax and other incentives to maintain a vibrant travel and tourism industry, to keep working people working, and to stimulate economic growth, and for other purposes."} | 2,160 | 55 | 0.560483 | 1.46327 | 0.952686 | 2.163636 | 35.854545 | 0.781818 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Patient Navigation Assistance Act of
2016''.
SEC. 2. MEDICAID COVERAGE FOR PATIENT NAVIGATOR SERVICES.
(a) In General.--Section 1902(a) of the Social Security Act (42
U.S.C. 1396a(a)) is amended--
(1) by inserting after paragraph (77) the following new
paragraph:
``(78) provide that the State shall reimburse an eligible
entity (as defined in subsection (ll)(1)) for any patient
navigator service (as defined in subsection (ll)(3)) that is
provided--
``(A) to an individual who is eligible for medical
assistance under the State plan; and
``(B) by a patient navigator (as defined in
subsection (ll)(2)) through the eligible entity.''; and
(2) by adding at the end the following new subsection:
``(ll) Patient Navigator Services Definitions.--For purposes of
this section:
``(1) Eligible entity.--The term `eligible entity' means an
entity that--
``(A) is an eligible entity (as defined in
subsection (l)(1) of section 340A of the Public Health
Service Act); and
``(B) complies with the following requirements of
such section (insofar as they apply to a grant
recipient under such section):
``(i) Subsection (b) (relating to patient
navigator duties and community knowledge).
``(ii) Subsection (c) (relating to
prohibitions).
``(iii) Subsection (e) (relating to
applications).
``(iv) Subsection (j)(3) (relating to
reports).
``(2) Patient navigator.--
``(A) In general.--The term `patient navigator' has
the meaning given such term in section 340A(l)(3) of
the Public Health Service Act.
``(B) Consultation with advisory committee.--
``(i) In general.--The Secretary shall
consult with the patient navigation advisory
committee to the extent necessary to further
clarify the definition of the term `patient
navigator' for purposes of this section,
including establishing requirements to ensure
adequate training for such navigators, such as
developing a training curriculum.
``(ii) Membership.--The Secretary shall
convene a patient navigation advisory
committee. The members of such committee shall
include--
``(I) representatives from relevant
Federal departments and agencies,
including the National Institutes of
Health, the Centers for Disease Control
and Prevention, the Health Resources
and Services Administration, and the
Centers for Medicare & Medicaid
Services; and
``(II) individuals and
representatives of public and private
organizations with expertise in patient
navigation.
``(3) Patient navigator services.--The term `patient
navigator service' means a service that is a duty specified
under paragraphs (1) through (6) of subsection (b) of section
340A of the Public Health Service Act and that is provided by a
patient navigator through an eligible entity.''.
(b) Treatment as Medical Assistance for Purposes of FMAP.--Section
1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended--
(1) in paragraph (28), by striking ``and'' at the end;
(2) by redesignating paragraph (29) as paragraph (30); and
(3) by inserting after paragraph (28) the following new
paragraph:
``(29) patient navigator services (as defined in section
1902(ll)(3)) that are provided in a manner that meets the
requirements of section 1902(a)(78); and''.
(c) Effective Date.--
(1) In general.--Subject to paragraph (2), the amendments
made by this section shall apply to patient navigator services
provided after the first day of the first calendar year that
begins after the date of enactment of this Act.
(2) Exception for state legislation.--In the case of a
State plan under title XIX of the Social Security Act, which
the Secretary of Health and Human Services determines requires
State legislation in order for the respective plan to meet any
requirement imposed by amendments made by this Act, the
respective plan shall not be regarded as failing to comply with
the requirements of such title solely on the basis of its
failure to meet such an additional requirement before the first
day of the first calendar quarter beginning after the close of
the first regular session of the State legislature that begins
after the date of enactment of this Act. For purposes of the
previous sentence, in the case of a State that has a 2-year
legislative session, each year of the session shall be
considered to be a separate regular session of the State
legislature. | Patient Navigation Assistance Act of 2016 This bill amends title XIX (Medicaid) of the Social Security Act to require state Medicaid programs to provide medical assistance for patient navigator services. ("Patient navigators" are individuals who are trained to facilitate the care of other individuals and who have direct knowledge of the communities they serve.) | {"src": "billsum_train", "title": "Patient Navigation Assistance Act of 2016"} | 1,065 | 89 | 0.507111 | 1.260265 | 0.540157 | 2.034483 | 16.844828 | 0.758621 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Wildland Fire Response Act
of 2008''.
SEC. 2. FEDERAL WILDLAND FIRE EMERGENCY SUPPRESSION FUND TO COVER COSTS
OF CERTAIN FEDERAL WILDLAND FIRE SUPPRESSION ACTIVITIES.
The Cooperative Forestry Assistance Act of 1978 is amended by
inserting after section 10A (16 U.S.C. 2106c) the following new
section:
``SEC. 10B. FEDERAL WILDLAND FIRE EMERGENCY SUPPRESSION FUND AND
RESPONSE TO DECLARED EMERGENCY WILDLAND FIRE INCIDENTS.
``(a) Definitions.--In this section:
``(1) Appropriate management response.--The term
`appropriate management response' means a response plan to a
wildland fire, based on an evaluation of risks to firefighter
and public safety, land and resource and fire management
objectives, resource availability, the circumstances under
which the fire occurs, including weather and fuel conditions,
protection priorities, values to be protected, and cost
effectiveness.
``(2) Appropriate congressional committees.--The term
`appropriate congressional committees' means the Committee on
Agriculture, the Committee on Appropriations, the Committee on
the Budget, and the Committee on Natural Resources of the House
of Representatives and the Committee on Agriculture, Nutrition,
and Forestry, the Committee on Appropriations, the Committee on
the Budget, and the Committee on Energy and Natural Resources
of the Senate.
``(3) Declared emergency wildland fire incident.--The term
`declared emergency wildland fire incident' means a wildland
fire incident declared by the Secretary concerned under
subsection (c).
``(4) Fund.--The term `Fund' means the Federal Wildland
Fire Emergency Suppression Fund established by subsection (b).
``(5) Secretary concerned.--The term `Secretary concerned'
means the Secretary of Agriculture or the Secretary of the
Interior.
``(6) Wildland fire operations.--The term `wildland fire
operations' means those predictable activities of the Secretary
concerned that are typically performed annually as part of
wildland fire preparedness, anticipated wildland fire
suppression workload, and wildland fire operations, including
burned area emergency rehabilitation, associated with a
wildland fire incident that does not meet the criteria
specified in subsection (c).
``(b) Federal Wildland Fire Emergency Suppression Fund.--
``(1) Establishment.--There is established in the Treasury
of the United States a fund to be known as the `Federal
Wildland Fire Emergency Suppression Fund', which shall be
available to the Secretary concerned, subject to subsection
(d), to cover the costs of Federal wildland fire suppression
activities associated with a declared emergency wildland fire
incident.
``(2) Contents.--The Fund shall consist of the following:
``(A) Amounts appropriated to the Fund.
``(B) Other emergency funds appropriated for
wildland fire suppression activities that the Secretary
concerned transfers to the Fund.
``(C) Subject to subsection (f)(3), other funds
transferred to the Fund.
``(D) Interest earned on amounts in the Fund.
``(3) Availability.--Amounts in the Fund shall remain
available until expended.
``(c) Declared Emergency Wildland Fire Incidents.--
``(1) Criteria for declaration.--The Secretary concerned
may declare a wildland fire incident to be a declared emergency
wildland fire incident for which the costs of wildland fire
suppression activities may be covered using amounts in the Fund
if the Secretary concerned--
``(A) has wildland fire suppression
responsibilities for the incident that may be
stipulated in a cooperative agreement; and
``(B) determines, taking into consideration the
appropriate management response, that the incident
meets either of the following criteria:
``(i) Size and severity.--The wildland fire
incident--
``(I) is at least 300 acres in size
or involves multiple fire incidents;
and
``(II) has the potential for
extreme fire behavior.
``(ii) Threat.--The wildland fire incident
has the potential for loss of lives, public and
private property, watersheds, wildlife,
particularly endangered or threatened species
and their habitat, or severe immediate economic
impact to local communities.
``(2) Delegation of declaration authority.--A declared
emergency wildland fire incident shall be made only by the
Secretary concerned or a designee of the Secretary at the
subcabinet level.
``(d) Annual Condition on Use of Fund.--The Secretary concerned may
only access the Fund during a fiscal year if the budget submitted to
Congress under section 1105(a) of title 31, United States Code, for
that fiscal year requested funds for the Secretary concerned for
wildland fire operations in an amount not less than the 10-fiscal year
average of expenditures for wildland fire operations by the Secretary
concerned.
``(e) Reports on Fund Activities.--The Secretaries concerned shall
submit to the appropriate congressional committees a joint report every
six months detailing all expenditures from and deposits to the Fund
during the preceding six-month period, including a detailed accounting
of expenditures associated with each declared emergency wildland fire
incident. Each report shall also be made available to the public.
``(f) Authorization of Appropriations.--
``(1) Authorization of appropriations.--There is authorized
to be appropriated to the Fund such amounts as are necessary to
maintain the Fund at a level equal to the average annual costs
incurred by the Secretaries concerned over the preceding five
fiscal years for declared emergency wildland fire incidents. If
the five fiscal years used in determining the average includes
a fiscal year that began before the date of the enactment of
the Emergency Wildland Fire Response Act of 2008, the
Secretaries concerned shall prepare an estimate for that fiscal
year of what the costs would have been for declared emergency
wildland fire incidents had this section been in effect.
``(2) Notice of insufficient funds.--The Secretaries
concerned shall notify the appropriate congressional committees
whenever only an estimated two months worth of funding remains
in the Fund or for wildland fire operations of the Secretaries.
``(3) Limitation on transfers from non-fire program
accounts.--In addition to other requirements applicable to the
reprogramming of funds, the Secretary concerned shall not
transfer funds from non-fire program accounts to cover wildland
fire suppression expenses unless the Fund or amounts available
for wildland fire operations for that fiscal year have been
depleted and a formal request to replenish the Fund or provide
additional amounts for wildland fire operations, whichever has
been depleted, has been submitted to the Committee on
Appropriations of the House of Representatives and the Senate.
``(g) Promotion of Cost Containment in Wildland Fire Suppression.--
``(1) Transfer of excess funds for reforestation.--Subject
to such limitations as may be provided in appropriation Acts,
the Secretary concerned may transfer any funds of the Secretary
concerned for wildland fire operations that remain available at
the end of a fiscal year to support reforestation and
rehabilitation of forests following wildland fires. Such funds
may only be expended in those areas where the wildland fire
suppression expenditures were below the stratified cost index,
or equivalent measure, as determined by the Secretary
concerned. In this paragraph, the term `stratified cost index'
means a measure that compares actual expenditures in connection
with a wildfire incident to the expenditures one would expect
given certain characteristics of the wildland fire, such as
size, conditions, fuel type, or proximity to communities.
``(2) Review of certain fires.--The Secretary concerned
shall conduct a review, using independent panels, of each
wildfire incident that results in expenses to the Secretary
concerned of greater than $10,000,000. The Secretary concerned
shall submit to the appropriate congressional committees a
report containing the results of each review.''.
SEC. 3. REDUCING THE RISK OF WILDFIRES TO PEOPLE, PROPERTY, AND
WATERSHEDS IN FIRE-READY COMMUNITIES.
Section 10 of the Cooperative Forestry Assistance Act of 1978 (16
U.S.C. 2106) is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new
subsection (g):
``(g) Support for Fire-Ready Communities.--
``(1) Fire-ready community defined.--In this subsection,
the term `fire-ready community' means a community that--
``(A) is located within a priority area identified
pursuant to subsection (b);
``(B) has a cooperative fire agreement that
articulates the roles and responsibilities for Federal,
State and local government entities in local wildfire
suppression and protection;
``(C) has local codes that require fire-resistant
home design and building materials; or
``(D) has a community wildfire protection plan (as
defined in section 101 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6502)) or similar
plan acceptable to the Secretary of Agriculture.
``(2) Fire risk mapping.--Not later than 180 days after the
date of the enactment of the Emergency Wildland Fire Response
Act of 2008, the Secretary shall develop a national map of
landscape areas most at risk of wildfire and in need of
hazardous fuel treatment and maintenance. The map shall
identify priority areas for hazardous fuels reduction projects,
including--
``(A) at-risk communities in fire-prone areas of
the wildland-urban interface (as defined in section 101
of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6502));
``(B) watersheds and municipal drinking water
sources;
``(C) emergency evacuation corridors; and
``(D) electricity transmission corridors.
``(3) Priority for fire-ready communities.--In allocating
funds under this section and other provisions of this Act and
Healthy Forests Restoration Act of 2003 under which the
Secretary provides resources to local communities for wildland
fire activities, the Secretary shall give priority to fire-
ready communities.
``(4) Local wildland firefighting capability grants.--
``(A) Grants available.--The Secretary may provide
cost-share grants to fire-ready communities to increase
their capacity to defend the community from wildland
fire and to provide initial attack suppression response
for cross-boundary efforts adjacent to National Forest
System lands.
``(B) Eligible activities.--Grant funds may be used
for the following:
``(i) Education programs to raise awareness
of homeowners and citizens about wildland fire
protection practices, including FireWise or
similar programs.
``(ii) Training programs for local
firefighters on wildland firefighting
techniques and approaches.
``(iii) Equipment acquisition to facilitate
wildland fire preparedness.
``(iv) Implementation of a community
wildfire protection plan or similar plan.
``(v) Such other activities as the
Secretary may authorize.
``(C) Authorization of appropriations.--There is
authorized to be appropriated to the Secretary to carry
out this section such sums as may be necessary.
``(5) Wildland fire cost-share agreements.--In developing
any wildland fire cost-share agreement with a State Forester or
equivalent official, the Secretary shall, to the greatest
extent possible, encourage the State and local communities
involved to become fire-ready communities. When determining
cost-sharing responsibilities in any wildland fire cost-share
agreement with a State Forester or equivalent official, the
Secretary shall consider whether communities participating in
the agreement have become or are taking steps to become fire-
ready communities.''.
SEC. 4. DEPARTMENT OF AGRICULTURE PARTNERSHIPS TO REDUCE HAZARDOUS
FUELS ON NATIONAL FOREST SYSTEM LANDS.
Section 10A of the Cooperative Forestry Assistance Act of 1978 (16
U.S.C. 2106c) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Good Neighbor Partnerships.--
``(1) Definitions.--In this subsection:
``(A) Contract.--The term `contract' means any
contracting authority available to the Secretary of
Agriculture, including a sole source contract or other
agreement for the mutual benefit of the Secretary and a
State Forester or equivalent official.
``(B) Good neighbor project.--The term `good
neighbor project' means any project on National Forest
System land that--
``(i) meets the requirements for hazardous
fuels reduction projects under subsections (a),
(d), (e), and (f) of section 102 of the Healthy
Forests Restoration Act (16 U.S.C. 6512) and
would reduce risk of wildland fire or risk of
insect or disease infestation to adjacent
lands; or
``(ii) would improve watersheds or fish and
wildlife habitat on National Forest System land
and adjacent lands.
``(2) Partnership authority.--The Secretary may enter into
contracts or cooperative agreements with a State Forester, or
equivalent official, to prepare and implement good neighbor
projects on National Forest System land to complement any
similar project being performed on bordering or adjacent non-
Federal land. The decision to proceed with a good neighbor
project is in the Secretary's sole discretion.
``(3) State forester or equivalent official as agent.--A
cooperative agreement or contract under paragraph (2) may
authorize the State Forester or equivalent official to serve as
the agent for the Secretary in providing all services necessary
to facilitate the performance of good neighbor projects, except
that any decision with respect to a good neighbor project
required to be made under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) may not be delegated to a
State Forester or equivalent official or any officer or
employee of the State Forester or equivalent official.
``(4) Project requirements.--In implementing any good
neighbor project, the Secretary shall ensure that--
``(A) the project is consistent with the applicable
land and resource management plan developed under
section 6 of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1604); and
``(B) the project improves the cost efficiency of
managing the National Forest System land covered by the
project, as determined by the Secretary.
``(5) Priority for collaborative projects.--The Secretary
shall give priority to good neighbor projects that are--
``(A) developed in collaboration with non-
governmental entities;
``(B) consistent with a community wildfire
protection plan (as defined in section 101 of the
Healthy Forests Restoration Act of 2003 (16 U.S.C.
6502)); or
``(C) prepared in a manner consistent with the
Implementation Plan for the Comprehensive Strategy for
a Collaborative Approach for Reducing Wildland Fire
Risks to Communities and the Environment, dated May
2002, developed pursuant to the conference report to
accompany the Department of the Interior and Related
Agencies Appropriations Act, 2001 (House Report No.
106-64), and subsequent revisions of the implementation
plan.
``(6) Relation to other laws.--Subsections (d) and (g) of
section 14 of the National Forest Management Act of 1976 (16
U.S.C. 472a) shall not apply to a contract or other agreement
under this subsection.
``(7) Subcontracting by a state forester or equivalent
official.--A State Forester or equivalent official may
subcontract to the extent allowed by State and local law to
prepare or implement a contract or other agreement under this
subsection.''. | Emergency Wildland Fire Response Act of 2008 - Establishes a Federal Wildland Fire Emergency Suppression Fund to cover the costs of federal wildland fire suppression activities associated with a declared emergency wildland fire incident.
Sets forth the criteria for which declarations of emergency wildland fire incidents may be made under this Act. Requires a declaration of such an incident to only be made by the Secretary of Agriculture, the Secretary of the Interior, or a designee of the Secretary concerned at the subcabinet level.
Allows the Secretary concerned to only access the Fund if the President's annual budget requested funds for wildland fire operations amounting to at least the ten-fiscal year average of expenditures for wildland fire operations. Requires the Secretaries to jointly report every six months on expenditures from and deposits to the Fund.
Permits any excess funds for wildland fire operations to be transferred to support reforestation and rehabilitation of forests following wildland fires. Limits the areas in which such funds may be expended.
Requires review of wildfire incidents resulting in expenses greater than $10 million.
Directs the Secretary of Agriculture to develop a national map of landscape areas most at risk of wildfire and in need of hazardous fuel treatment and maintenance.
Authorizes such Secretary to: (1) provide cost-share grants to fire-ready communities to increase their capacity to defend against wildland fire; and (2) enter into contracts or cooperative agreements with a State Forester or equivalent official to implement good neighbor projects on such lands. | {"src": "billsum_train", "title": "To amend the Cooperative Forestry Assistance Act of 1978 to establish a Federal wildland fire emergency suppression fund to facilitate accountable fire suppression activities by the Secretary of Agriculture and the Secretary of the Interior to unanticipated large fire events, to encourage enhanced management efficiencies and cost controls of wildland fire suppression, and to reduce the risk of catastrophic wildfire to communities, and for other purposes."} | 3,549 | 344 | 0.652164 | 1.767325 | 0.927884 | 4.075 | 11.228571 | 0.932143 |
SECTION 1. REQUIREMENTS FOR PHYSICIAN SUPERVISION OF THERAPEUTIC
HOSPITAL OUTPATIENT SERVICES.
(a) Therapeutic Hospital Outpatient Services.--
(1) Supervision requirements.--Section 1833 of the Social
Security Act (42 U.S.C. 1395l) is amended by adding at the end
the following new subsection:
``(z) Physician Supervision Requirements for Therapeutic Hospital
Outpatient Services.--
``(1) General supervision for therapeutic services.--Except
as may be provided under paragraph (2), insofar as the
Secretary requires the supervision by a physician or a non-
physician practitioner for payment for therapeutic hospital
outpatient services (as defined in paragraph (5)(A)) furnished
under this part, such requirement shall be met if such services
are furnished under the general supervision (as defined in
paragraph (5)(B)) of the physician or non-physician
practitioner, as the case may be.
``(2) Exceptions process for high-risk or complex medical
services requiring higher levels of supervision.--
``(A) In general.--Subject to the succeeding
provisions of this paragraph, the Secretary shall
establish a process for the designation of therapeutic
hospital outpatient services furnished under this part
that, by reason of complexity or high risk, require
direct supervision (as defined in paragraph (5)(A)).
``(B) Consultation with clinical experts.--
``(i) In general.--Under the process
established under subparagraph (A), before the
designation of any therapeutic hospital
outpatient service for which direct supervision
may be required under this part, the Secretary
shall consult with a panel of outside experts
described in clause (ii) to advise the
Secretary with respect to each such
designation.
``(ii) Advisory panel on supervision of
therapeutic hospital outpatient services
comprised of physicians and non-physician
practitioners serving rural and other areas.--
For purposes of clause (i), a panel of outside
experts described in this clause is a panel
appointed by the Secretary, based on
nominations submitted by hospital, rural
health, and medical organizations representing
physicians or non-physician practitioners, as
the case may be, that meets the following
requirements:
``(I) Composition.--The panel shall
be composed of at least 15 physicians
and non-physician practitioners who
furnish therapeutic hospital outpatient
services for which payment is made
under this part and who collectively
represent the medical specialties that
furnish such services.
``(II) Practical experience.--
During the 12-month period preceding
appointment to the panel by the
Secretary, each physician or non-
physician practitioner described in
subclause (I) shall have furnished
therapeutic hospital outpatient
services for which payment was made
under this part.
``(III) Minimum rural
representation requirement.--Not less
than 50 percent of the membership of
the panel shall be physicians or non-
physician practitioners described in
subclause (I) who practice in rural
areas (as defined in section
1886(d)(2)(D)) or who furnish such
services in critical access hospitals.
``(C) Special rule for outpatient critical access
hospital services.--Insofar as a therapeutic outpatient
hospital service that is an outpatient critical access
hospital service is designated as requiring direct
supervision under the process established under
subparagraph (A), the Secretary shall deem the critical
access hospital furnishing that service as having met
the requirement for direct supervision for that service
if, when furnishing such service, the critical access
hospital meets the standard for personnel required as a
condition of participation under section 485.618(d) of
title 42, Code of Federal Regulations (as in effect on
January 1, 2010).
``(D) Consideration of compliance burdens.--Under
the process established under subparagraph (A), the
Secretary shall take into account the impact on
hospitals and critical access hospitals in complying
with requirements for direct supervision in the
furnishing of therapeutic hospital outpatient services,
including hospital resources, availability of hospital-
privileged physicians, specialty physicians, and non-
physician practitioners, and administrative burdens.
``(E) Requirement for notice and comment
rulemaking.--Under the process established under
subparagraph (A), the Secretary shall only designate
therapeutic hospital outpatient services requiring
direct supervision under this part through proposed and
final rulemaking that provides for public notice and
opportunity for comment.
``(3) Initial list of designated services.--The Secretary
shall include in the proposed and final regulation for payment
for hospital outpatient services for 2012 under this part a
list of initial therapeutic hospital outpatient services, if
any, designated under the process established under paragraph
(2)(A) as requiring direct supervision under such part.
``(4) Direct supervision by non-physician practitioners for
certain hospital outpatient services permitted.--
``(A) In general.--Subject to the succeeding
provisions of this subsection, a non-physician
practitioner may directly supervise the furnishing of--
``(i) therapeutic hospital outpatient
services under this part, including cardiac
rehabilitation services (under section
1861(eee)(1)), intensive cardiac rehabilitation
services (under section 1861(eee)(4)), and
pulmonary rehabilitation services (under
section 1861(fff)(1)); and
``(ii) those hospital outpatient diagnostic
services (described in section 1861(s)(2)(C))
that require direct supervision under the fee
schedule established under section 1848.
``(B) Requirements.--Subparagraph (A) shall apply
insofar as the non-physician practitioner involved
meets the following requirements:
``(i) Scope of practice.--The non-physician
practitioner is acting within the scope of
practice under State law applicable to the
practitioner.
``(ii) Additional requirements.--The non-
physician practitioner meets such requirements
as the Secretary may specify.
``(5) Definitions.--In this subsection:
``(A) Therapeutic hospital outpatient services.--
The term `therapeutic hospital outpatient services'
means hospital services described in section
1861(s)(2)(B) furnished by a hospital or critical
access hospital and includes--
``(i) cardiac rehabilitation services and
intensive cardiac rehabilitation services (as
defined in paragraphs (1) and (4),
respectively, of section 1861(eee)); and
``(ii) pulmonary rehabilitation services
(as defined in section 1861(fff)(1)).
``(B) General supervision.--
``(i) Overall direction and control of
physician.--Subject to clause (ii), with
respect to the furnishing of therapeutic
hospital outpatient services for which payment
may be made under this part, the term `general
supervision' means such services are furnished
under the overall direction and control of a
physician or non-physician practitioner, as the
case may be.
``(ii) Presence not required.--For purposes
of clause (i), the presence of a physician or
non-physician practitioner is not required
during the performance of the procedure
involved.
``(C) Direct supervision.--
``(i) Provision of assistance and
direction.--Subject to clause (ii), with
respect to the furnishing of therapeutic
hospital outpatient services for which payment
may be made under this part, the term `direct
supervision' means that a physician or non-
physician practitioner, as the case may be, is
able to furnish assistance and direction
throughout the furnishing of such services and,
in accordance with the policies, procedures,
guidelines or bylaws of the hospital--
``(I) with respect to such services
furnished in the hospital, or in an on-
campus department of such hospital, is
present and on the same campus and
immediately available (including by
telephone or other means) to furnish
such assistance and direction; or
``(II) with respect to such
services furnished in an off-campus
provider-based department of such
hospital, is present in or in close
proximity to such department and is
immediately available (including by
telephone or other means) to furnish
such assistance and direction.
``(ii) Presence in room not required.--For
purposes of clause (i), a physician or non-
physician practitioner, as the case may be, is
not required to be present in the room during
the performance of the procedure involved.
``(D) Non-physician practitioner defined.--The term
`non-physician practitioner' means an individual who--
``(i) is a physician assistant, a nurse
practitioner, a clinical nurse specialist, a
clinical social worker, a clinical
psychologist, a certified nurse midwife, or a
certified registered nurse anesthetist, and
includes such other practitioners as the
Secretary may specify; and
``(ii) with respect to the furnishing of
therapeutic outpatient hospital services, meets
the requirements of paragraph (4)(B).''.
(2) Conforming amendment.--Section 1861(eee)(2)(B) of the
Social Security Act (42 U.S.C. 1395x(eee)(2)(B)) is amended by
inserting ``, and a non-physician practitioner (as defined in
section 1833(z)(5)(D)) may supervise the furnishing of such
items and services in the hospital'' after ``in the case of
items and services furnished under such a program in a
hospital, such availability shall be presumed''.
(b) Prohibition on Retroactive Enforcement of Revised
Interpretation.--
(1) Repeal of regulatory clarification.--The restatement
and clarification under the final rule making changes to the
Medicare hospital outpatient prospective payment system and
calendar year 2009 payment rates (published in the Federal
Register on November 18, 2008, 73 Fed. Reg. 68702 through
68704) with respect to requirements for direct supervision by
physicians for therapeutic hospital outpatient services (as
defined in paragraph (3)) for purposes of payment for such
services under the Medicare program shall have no force or
effect in law.
(2) Hold harmless.--A hospital or critical access hospital
that furnishes therapeutic hospital outpatient services during
the period beginning on January 1, 2001, and ending on December
31, 2011, for which a claim for payment is made under part B of
title XVIII of the Social Security Act shall not be subject to
any civil or criminal action or penalty under Federal law for
failure to meet supervision requirements under the regulation
described in paragraph (1), under program manuals, or
otherwise.
(3) Therapeutic hospital outpatient services defined.--In
this subsection, the term ``therapeutic hospital outpatient
services'' means medical and other health services furnished by
a hospital or critical access hospital that are--
(A) hospital services described in subsection
(s)(2)(B) of section 1861 of the Social Security Act
(42 U.S.C. 1395x);
(B) cardiac rehabilitation services or intensive
cardiac rehabilitation services (as defined in
paragraphs (1) and (4), respectively, of subsection
(eee) of such section); or
(C) pulmonary rehabilitation services (as defined
in subsection (fff)(1) of such section). | Amends title XVIII (Medicare) of the Social Security Act to state that, except with respect to high-risk or complex medical services requiring direct levels of supervision, if the Secretary of Health and Human Services (HHS) requires supervision by a physician or non-physician practitioner for Medicare payment for therapeutic hospital outpatient services, that requirement is met if such services are furnished under the physician's or non-physician practitioner's general supervision.
Directs the Secretary of HHS to establish a process for designating therapeutic hospital outpatient services for which direct supervision may be required.
Declares without force or effect in law regarding Medicare requirements for direct supervision by physicians for therapeutic hospital outpatient services a specified restatement and clarification under the final rule making changes to the Medicare hospital outpatient prospective payment system and calendar year 2009 payment rates, which was published in the Federal Register on November 18, 2008. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act with respect to physician supervision of therapeutic hospital outpatient services."} | 2,450 | 197 | 0.552137 | 1.500378 | 0.801449 | 3.613095 | 13.136905 | 0.910714 |
SECTION 1. DISTRICT JUDGESHIP FOR THE NORTHERN DISTRICT OF ALABAMA.
(a) Additional Permanent District Judgeship.--The President shall
appoint, by and with the advice and consent of the Senate, 1 additional
district judge for the northern district of Alabama.
(b) Technical and Conforming Amendment.--The table under section
133(a) of title 28, United States Code, is amended by striking the item
relating to Alabama and inserting the following:
``Alabama:
Northern................................................ 8
Middle.................................................. 3
Southern................................................ 3.''.
SEC. 2. DISTRICT JUDGESHIPS FOR THE DISTRICT OF ARIZONA.
(a) Additional Permanent District Judgeships.--The President shall
appoint, by and with the advice and consent of the Senate, 2 additional
district judges for the district of Arizona.
(b) Technical and Conforming Amendment.--The table under section
133(a) of title 28, United States Code, is amended by striking the item
relating to Arizona and inserting the following:
``Arizona............................................... 14.''.
SEC. 3. DISTRICT JUDGESHIPS FOR THE EASTERN AND SOUTHERN DISTRICTS OF
CALIFORNIA.
(a) Additional Permanent District Judgeships.--The President shall
appoint, by and with the advice and consent of the Senate--
(1) 3 additional district judges for the eastern district
of California; and
(2) 1 additional district judge for the southern district
of California.
(b) Conversion of Temporary Judgeship to Permanent Judgeship.--The
existing judgeship for the eastern district of California authorized by
section 203(c) of the Judicial Improvements Act of 1990 (28 U.S.C. 133
note; Public Law 101-650) shall, as of the date of enactment of this
Act, be authorized under section 133 of title 28, United States Code,
and the incumbent in that office shall hold the office under section
133 of title 28, United States Code (as amended by this Act).
(c) Technical and Conforming Amendment.--
(1) In general.--The table under section 133(a) of title
28, United States Code, is amended by striking the item
relating to California and inserting the following:
``California:
Northern................................................ 14
Eastern................................................. 10
Central................................................. 27
Southern................................................ 14.''.
(2) Effective date.--This subsection shall take effect on
the later of--
(A) the date of enactment of this Act; or
(B) July 16, 2003.
SEC. 4. DISTRICT JUDGESHIP FOR THE DISTRICT OF IDAHO.
(a) Additional Permanent District Judgeship.--The President shall
appoint, by and with the advice and consent of the Senate, 1 additional
district judge for the district of Idaho.
(b) Technical and Conforming Amendment.--The table under section
133(a) of title 28, United States Code, is amended by striking the item
relating to Idaho and inserting the following:
``Idaho....................................... 3.''.
SEC. 5. TEMPORARY JUDGESHIP FOR THE NORTHERN DISTRICT OF IOWA.
(a) In General.--The President shall appoint, by and with the
advice and consent of the Senate, 1 additional judge for the northern
district of Iowa.
(b) Vacancy Not Filled.--The first vacancy in the office of
district judge in the northern district of Iowa occurring 10 years or
more after the confirmation date of the judge named to fill the
temporary district judgeship created by this subsection, shall not be
filled.
SEC. 6. CONVERSION OF TEMPORARY JUDGESHIP TO PERMANENT JUDGESHIP FOR
THE DISTRICT OF NEBRASKA.
(a) In General.--The existing judgeship for the district of
Nebraska authorized by section 203(c) of the Judicial Improvements Act
of 1990 (28 U.S.C. 133 note; Public Law 101-650) shall, as of the date
of enactment of this Act, be authorized under section 133 of title 28,
United States Code, and the incumbent in that office shall hold the
office under section 133 of title 28, United States Code (as amended by
this Act).
(b) Technical and Conforming Amendments.--The table under section
133(a) of title 28, United States Code, is amended by striking the item
relating to Nebraska and inserting the following:
``Nebraska.............................................. 4.''.
SEC. 7. DISTRICT JUDGESHIPS FOR THE EASTERN DISTRICT OF NEW YORK.
(a) Additional Permanent District Judgeships.--The President shall
appoint, by and with the advice and consent of the Senate, 2 additional
district judges for the eastern district of New York.
(b) Technical and Conforming Amendment.--
(1) In general.--The table under section 133(a) of title
28, United States Code, is amended by striking the item
relating to New York and inserting the following:
``New York:
Northern................................................ 5
Southern................................................ 28
Eastern................................................. 17
Western................................................. 4.''.
(2) Effective date.--This subsection shall take effect on
the later of--
(A) the date of enactment of this Act; or
(B) July 16, 2003.
SEC. 8. TEMPORARY JUDGESHIP FOR THE EASTERN DISTRICT OF NEW YORK.
(a) In General.--The President shall appoint, by and with the
advice and consent of the Senate 1 additional judge for the eastern
district of New York.
(b) Vacancy Not Filled.--The first vacancy in the office of
district judge in the eastern district of New York occurring 10 years
or more after the confirmation date of the judge named to fill the
temporary district judgeship created by this subsection, shall not be
filled.
SEC. 9. DISTRICT JUDGESHIP FOR THE DISTRICT OF SOUTH CAROLINA.
(a) Additional Permanent District Judgeship.--The President shall
appoint, by and with the advice and consent of the Senate, 1 additional
district judge for the district of South Carolina.
(b) Technical and Conforming Amendment.--The table under section
133(a) of title 28, United States Code, is amended by striking the item
relating to South Carolina and inserting the following:
``South Carolina........................................ 11.''.
SEC. 10. DISTRICT JUDGESHIP FOR THE DISTRICT OF UTAH.
(a) Additional Permanent District Judgeship for the District of
Utah.--The President shall appoint, by and with the advice and consent
of the Senate, 1 additional district judge for the district of Utah.
(b) Technical and Conforming Amendments.--The table under section
133(a) of title 28, United States Code, is amended by striking the item
relating to Utah and inserting the following:
``Utah.................................................. 6.''.
SEC. 11. BANKRUPTCY JUDGESHIPS.
(a) Short Title.--This section may be cited as the ``Bankruptcy
Judgeship Act of 2003''.
(b) Authorization for Additional Bankruptcy Judgeships.--The
following judgeship positions shall be filled in the manner prescribed
in section 152(a)(1) of title 28, United States Code, for the
appointment of bankruptcy judges provided for in section 152(a)(2) of
such title:
(1) Two additional bankruptcy judgeships for the southern
district of New York.
(2) Four additional bankruptcy judgeships for the district
of Delaware.
(3) One additional bankruptcy judgeship for the district of
New Jersey.
(4) One additional bankruptcy judgeship for the eastern
district of Pennsylvania.
(5) Three additional bankruptcy judgeships for the district
of Maryland.
(6) One additional bankruptcy judgeship for the eastern
district of North Carolina.
(7) One additional bankruptcy judgeship for the district of
South Carolina.
(8) One additional bankruptcy judgeship for the eastern
district of Virginia.
(9) Two additional bankruptcy judgeships for the eastern
district of Michigan.
(10) Two additional bankruptcy judgeships for the western
district of Tennessee.
(11) One additional bankruptcy judgeship for the eastern
and western districts of Arkansas.
(12) Two additional bankruptcy judgeships for the district
of Nevada.
(13) One additional bankruptcy judgeship for the district
of Utah.
(14) Two additional bankruptcy judgeships for the middle
district of Florida.
(15) Two additional bankruptcy judgeships for the southern
district of Florida.
(16) Two additional bankruptcy judgeships for the northern
district of Georgia.
(17) One additional bankruptcy judgeship for the southern
district of Georgia.
(c) Temporary Bankruptcy Judgeships.--
(1) Authorization for additional temporary bankruptcy
judgeships.--The following judgeship positions shall be filled
in the manner prescribed in section 152(a)(1) of title 28,
United States Code, for the appointment of bankruptcy judges
provided for in section 152(a)(2) of such title:
(A) One additional bankruptcy judgeship for the
district of Puerto Rico.
(B) One additional bankruptcy judgeship for the
northern district of New York.
(C) One additional bankruptcy judgeship for the
middle district of Pennsylvania.
(D) One additional bankruptcy judgeship for the
district of Maryland.
(E) One additional bankruptcy judgeship for the
northern district of Mississippi.
(F) One additional bankruptcy judgeship for the
southern district of Mississippi.
(G) One additional bankruptcy judgeship for the
southern district of Georgia.
(2) Vacancies.--
(A) In general.--The first vacancy occurring in the
office of bankruptcy judge in each of the judicial
districts set forth in paragraph (1)--
(i) occurring 5 years or more after the
appointment date of the bankruptcy judge
appointed under paragraph (1) to such office;
and
(ii) resulting from the death, retirement,
resignation, or removal of a bankruptcy judge;
shall not be filled.
(B) Term expiration.--In the case of a vacancy
resulting from the expiration of the term of a
bankruptcy judge not described in subparagraph (A),
that judge shall be eligible for reappointment as a
bankruptcy judge in that district.
(3) Extension of existing temporary bankruptcy
judgeships.--
(A) In general.--The temporary bankruptcy
judgeships authorized for the northern district of
Alabama and the eastern district of Tennessee under
paragraphs (1) and (9) of section 3(a) of the
Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note)
are extended until the first vacancy occurring in the
office of a bankruptcy judge in the applicable district
resulting from the death, retirement, resignation, or
removal of a bankruptcy judge and occurring 5 years or
more after the date of enactment of this Act.
(B) Applicability of other provisions.--All other
provisions of section 3 of the Bankruptcy Judgeship Act
of 1992 (28 U.S.C. 152 note) remain applicable to the
temporary bankruptcy judgeships referred to in this
subsection.
(d) Transfer of Bankruptcy Judgeship Shared by the Middle District
of Georgia and the Southern District of Georgia.--The bankruptcy
judgeship presently shared by the southern district of Georgia and the
middle district of Georgia shall be converted to a bankruptcy judgeship
for the middle district of Georgia.
(e) Conversion of Existing Temporary Bankruptcy Judgeships.--
(1) District of delaware.--The temporary bankruptcy
judgeship authorized for the district of Delaware pursuant to
section 3 of the Bankruptcy Judgeship Act of 1992 (28 U.S.C.
152 note), shall be converted to a permanent bankruptcy
judgeship.
(2) District of puerto rico.--The temporary bankruptcy
judgeship authorized for the district of Puerto Rico pursuant
to section 3 of the Bankruptcy Judgeship Act of 1992 (28 U.S.C.
152 note), shall be converted to a permanent bankruptcy
judgeship.
(f) Technical Amendments.--Section 152(a)(2) of title 28, United
States Code, is amended--
(1) in the item relating to the eastern and western
districts of Arkansas, by striking ``3'' and inserting ``4'';
(2) in the item relating to the district of Delaware, by
striking ``1'' and inserting ``6'';
(3) in the item relating to the middle district of Florida,
by striking ``8'' and inserting ``10'';
(4) in the item relating to the southern district of
Florida, by striking ``5'' and inserting ``7'';
(5) in the item relating to the northern district of
Georgia, by striking ``8'' and inserting ``10'';
(6) in the item relating to the middle district of Georgia,
by striking ``2'' and inserting ``3'';
(7) in the item relating to the southern district of
Georgia, by striking ``2'' and inserting ``3'';
(8) in the collective item relating to the middle and
southern districts of Georgia, by striking ``Middle and
Southern . . . . . . 1'';
(9) in the item relating to the district of Maryland, by
striking ``4'' and inserting ``7'';
(10) in the item relating to the eastern district of
Michigan, by striking ``4'' and inserting ``6'';
(11) in the item relating to the district of Nevada, by
striking ``3'' and inserting ``5'';
(12) in the item relating to the district of New Jersey, by
striking ``8'' and inserting ``9'';
(13) in the item relating to the southern district of New
York, by striking ``9'' and inserting ``11'';
(14) in the item relating to the eastern district of North
Carolina, by striking ``2'' and inserting ``3'';
(15) in the item relating to the eastern district of
Pennsylvania, by striking ``5'' and inserting ``6'';
(16) in the item relating to the district of Puerto Rico,
by striking ``2 and inserting ``3'';
(17) in the item relating to the district of South
Carolina, by striking ``2'' and inserting ``3'';
(18) in the item relating to the western district of
Tennessee, by striking ``4'' and inserting ``6'';
(19) in the item relating to the district of Utah, by
striking ``3'' and inserting ``4''; and
(20) in the item relating to the eastern district of
Virginia, by striking ``5'' and inserting ``6''.
Passed the Senate May 22, 2003.
Attest:
EMILY J. REYNOLDS,
Secretary. | Directs the President to appoint additional Federal district court judges for Alabama (two), Arizona (three), California (seven), Florida (six), Idaho (one), Missouri (one), Nebraska (one), New Mexico (two), New York (three), Oregon (one), South Carolina (one), Virginia (two), Utah (one), and Washington (one). Specifies the timing of such appointments.
Converts temporary judgeships to permanent judgeships for the eastern district of California, the district of Hawaii, the district of Kansas, and the eastern district of Missouri.
Requires the President to appoint temporary district judges for California (six), Colorado (one), Florida (one), Illinois (one), Indiana (two), Iowa (one), New Mexico (one), and New York (two). Specifies the timing of such appointments.
Directs the President to appoint additional Federal circuit court judges for the First Circuit (one), Second Circuit (two), Sixth Circuit (one), and Ninth Circuit (five).
Requires the President to appoint two temporary circuit court judges for the Ninth Circuit.
Ninth Circuit Judgeship and Reorganization Act of 2004 - Amends the Federal judicial code to divide the Ninth Judicial Circuit into the Ninth Circuit (to be composed of California, Guam, Hawaii, and the Northern Mariana Islands), the Twelfth Circuit (to be composed of Arizona, Nevada, Idaho, and Montana), and Thirteenth Circuit (to be composed of Alaska, Oregon, and Washington State).
Requires the President to appoint, with the advise and consent of the Senate, five additional circuit judges for the new Ninth Circuit (not before January 21, 2005) and two temporary judges for the former Ninth Circuit.
Specifies the locations where the new circuits are to hold regular sessions.
Assigns active circuit judges of the former Ninth Circuit to the new circuits based on their current duty station. Allows senior circuit judges of the former Ninth Circuit to elect assignment to any of the three new circuits.
Specifies the disposition of cases pending in the former Ninth Circuit before the effective date of this Act as follows: (1) proceedings in matters that have been submitted for decision shall continue without regard to this Act; (2) matters not yet submitted for decision must be transferred to the court to which they would have been submitted under this Act; and (3) proceedings on petitions for rehearing or rehearing en banc that have been submitted or decided shall continue without regard to this Act.
Authorizes the temporary assignment of the circuit and district judges of the former Ninth Circuit among the new circuits. Authorizes administrative coordination among any two contiguous circuits among the new circuits.
Directs that the former Ninth Circuit shall cease to exist for administrative purposes two years after enactment of this Act. | {"src": "billsum_train", "title": "To create additional Federal court judgeships."} | 3,362 | 621 | 0.408652 | 1.282855 | 0.593413 | 1.212766 | 5.171986 | 0.680851 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Home Ownership Mortgage Emergency
Act'' or the ``HOME Act''.
SEC. 2. TAX-FAVORED WITHDRAWALS FROM RETIREMENT PLANS FOR MORTGAGE
DELINQUENCY RELIEF.
(a) In General.--Section 72(t) of the Internal Revenue Code of 1986
shall not apply to any qualified mortgage delinquency relief
distribution.
(b) Aggregate Dollar Limitation.--
(1) In general.--For purposes of this section, the
aggregate amount of distributions received by an individual
which may be treated as qualified mortgage delinquency relief
distributions for any taxable year shall not exceed the excess
(if any) of--
(A) $100,000, over
(B) the aggregate amounts treated as qualified
mortgage delinquency relief distributions received by
such individual for all prior taxable years.
(2) Treatment of plan distributions.--If a distribution to
an individual would (without regard to paragraph (1)) be a
qualified mortgage delinquency relief distribution, a plan
shall not be treated as violating any requirement of the
Internal Revenue Code of 1986 merely because the plan treats
such distribution as a qualified mortgage delinquency relief
distribution, unless the aggregate amount of such distributions
from all plans maintained by the employer (and any member of
any controlled group which includes the employer) to such
individual exceeds $100,000.
(3) Controlled group.--For purposes of paragraph (2), the
term ``controlled group'' means any group treated as a single
employer under subsection (b), (c), (m), or (o) of section 414
of such Code.
(c) Amount Distributed May Be Repaid.--
(1) In general.--Any individual who receives a qualified
mortgage delinquency relief distribution may, at any time
during the 3-year period beginning on the day after the date on
which such distribution was received, make one or more
contributions in an aggregate amount not to exceed the amount
of such distribution to an eligible retirement plan of which
such individual is a beneficiary and to which a rollover
contribution of such distribution could be made under section
402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16) of the
Internal Revenue Code of 1986, as the case may be.
(2) Treatment of repayments of distributions from eligible
retirement plans other than iras.--For purposes of such Code,
if a contribution is made pursuant to paragraph (1) with
respect to a qualified mortgage delinquency relief distribution
from an eligible retirement plan other than an individual
retirement plan, then the taxpayer shall, to the extent of the
amount of the contribution, be treated as having received the
qualified mortgage delinquency relief distribution in an
eligible rollover distribution (as defined in section 402(c)(4)
of such Code) and as having transferred the amount to the
eligible retirement plan in a direct trustee to trustee
transfer within 60 days of the distribution.
(3) Treatment of repayments for distributions from iras.--
For purposes of such Code, if a contribution is made pursuant
to paragraph (1) with respect to a qualified mortgage
delinquency relief distribution from an individual retirement
plan (as defined by section 7701(a)(37) of such Code), then, to
the extent of the amount of the contribution, the qualified
mortgage delinquency relief distribution shall be treated as a
distribution described in section 408(d)(3) of such Code and as
having been transferred to the eligible retirement plan in a
direct trustee to trustee transfer within 60 days of the
distribution.
(d) Definitions.--For purposes of this section--
(1) Qualified mortgage delinquency relief distribution.--
Except as provided in subsection (b), the term ``qualified
mortgage delinquency relief distribution'' means any
distribution from an eligible retirement plan made on or after
the date of the enactment of this Act and before January 1,
2010, to an individual--
(A) whose acquisition indebtedness (as defined in
section 163(h)(3)(B) of the Internal Revenue Code of
1986, without regard to clause (ii) thereof) with
respect to the principal residence of the taxpayer is
in delinquency for at least 60 days, and
(B) whose adjusted gross income (as defined in
section 62 of the such Code) for the taxable year of
such distribution does not exceed $114,000 ($166,000 in
the case of a joint return under section 6013 of such
Code).
(2) Eligible retirement plan.--The term ``eligible
retirement plan'' shall have the meaning given such term by
section 402(c)(8)(B) of such Code.
(3) Principal residence.--The term ``principal residence''
has the same meaning as when used in section 121 of such Code.
(e) Income Inclusion Spread Over 3 Year Period for Qualified
Mortgage Delinquency Relief Distributions.--
(1) In general.--In the case of any qualified mortgage
delinquency relief distribution, unless the taxpayer elects not
to have this subsection apply for any taxable year, any amount
required to be included in gross income for such taxable year
shall be so included ratably over the 3-taxable year period
beginning with such taxable year.
(2) Special rule.--For purposes of paragraph (1), rules
similar to the rules of subparagraph (E) of section 408A(d)(3)
of the Internal Revenue Code of 1986 shall apply.
(f) Special Rules.--
(1) Exemption of distributions from trustee to trustee
transfer and withholding rules.--For purposes of sections
401(a)(31), 402(f), and 3405 of the Internal Revenue Code of
1986, qualified mortgage delinquency relief distributions shall
not be treated as eligible rollover distributions.
(2) Qualified mortgage delinquency relief distributions
treated as meeting plan distribution requirements.--For
purposes of such Code, a qualified mortgage delinquency relief
distribution shall be treated as meeting the requirements of
sections 401(k)(2)(B)(i), 403(b)(7)(A)(ii), 403(b)(11), and
457(d)(1)(A) of such Code.
(g) Provisions Relating to Plan Amendments.--
(1) In general.--If this subsection applies to any
amendment to any plan or annuity contract, such plan or
contract shall be treated as being operated in accordance with
the terms of the plan during the period described in paragraph
(2)(B)(i).
(2) Amendments to which subsection applies.--
(A) In general.--This subsection shall apply to any
amendment to any plan or annuity contract which is
made--
(i) pursuant to any amendment made by this
section, or pursuant to any regulation issued
by the Secretary of the Treasury or the
Secretary of Labor under this section, and
(ii) on or before the last day of the first
plan year beginning on or after January 1,
2010, or such later date as the Secretary of
the Treasury may prescribe.
In the case of a governmental plan (as defined in
section 414(d) of the Internal Revenue Code of 1986),
clause (ii) shall be applied by substituting the date
which is 2 years after the date otherwise applied under
clause (ii).
(B) Conditions.--This subsection shall not apply to
any amendment unless--
(i) during the period--
(I) beginning on the date the
legislative or regulatory amendment
described in subparagraph (A)(i) takes
effect (or in the case of a plan or
contract amendment not required by such
legislative or regulatory amendment,
the effective date specified by the
plan), and
(II) ending on the date described
in subparagraph (A)(ii) (or, if
earlier, the date the plan or contract
amendment is adopted),
the plan or contract is operated as if such
plan or contract amendment were in effect; and
(ii) such plan or contract amendment
applies retroactively for such period. | Home Ownership Mortgage Emergency Act, or the HOME Act - Exempts any qualified mortgage delinquency relief distribution from the 10% additional tax imposed by the Internal Revenue Code on early distributions from qualified retirement plans.
Provides that the aggregate amount of distributions received by an individual which may be treated as qualified mortgage delinquency relief distributions for any taxable year shall not exceed the excess (if any) of $100,000, over the aggregate amounts treated as qualified mortgage delinquency relief distributions received by such individual for all prior taxable years.
Defines the term "qualified mortgage delinquency relief distribution," with the exception of such aggregate dollar limitation, as any distribution from an eligible retirement plan made on or after the enactment of this Act and before January 1, 2010, to an individual whose: (1) acquisition indebtedness, with respect to the taxpayer's principal residence, is in delinquency for at least 60 days; and (2) adjusted gross income for the taxable year of such distribution does not exceed a specified amount.
Declares that qualified mortgage delinquency relief distributions shall not be treated as eligible rollover distributions (thus exempting them from certain trustee to trustee transfer and withholding rules).
Treats such relief distributions as meeting certain plan distribution requirements of the Code. | {"src": "billsum_train", "title": "A bill to provide for the penalty-free use of retirement funds for mortgage delinquency relief."} | 1,799 | 286 | 0.70098 | 2.129408 | 0.878508 | 4.380753 | 6.514644 | 0.90795 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Higher Education Bond Parity Act''.
SEC. 2. TAX TREATMENT OF 501(c)(3) BONDS SIMILAR TO GOVERNMENTAL BONDS.
(a) In General.--Section 150(a) of the Internal Revenue Code of
1986 (relating to definitions and special rules) is amended by striking
paragraphs (2) and (4), by redesignating paragraphs (5) and (6) as
paragraphs (4) and (5), respectively, and by inserting after paragraph
(1) the following:
``(2) Exempt person.--
``(A) In general.--The term `exempt person' means--
``(i) a governmental unit, or
``(ii) a 501(c)(3) organization, but only
with respect to its activities which do not
constitute unrelated trades or businesses as
determined by applying section 513(a).
``(B) Governmental unit not to include federal
government.--The term `governmental unit' does not
include the United States or any agency or
instrumentality thereof.
``(C) 501(c)(3) organization.--The term `501(c)(3)
organization' means any organization described in
section 501(c)(3) and exempt from tax under section
501(a).''.
(b) Repeal of Qualified 501(c)(3) Bond Designation.--Section 145 of
the Internal Revenue Code of 1986 (relating to qualified 501(c)(3)
bonds) is repealed.
(c) Conforming Amendments.--
(1) Section 141(b)(3) of the Internal Revenue Code of 1986
is amended--
(A) in subparagraphs (A)(ii)(I) and (B)(ii), by
striking ``government use'' and inserting ``exempt
person use'';
(B) in subparagraph (B), by striking ``a government
use'' and inserting ``an exempt person use'';
(C) in subparagraphs (A)(ii)(II) and (B), by
striking ``related business use'' and inserting
``related private business use'';
(D) in the heading of subparagraph (B), by striking
``related business use'' and inserting ``related
private business use''; and
(E) in the heading thereof, by striking
``government use'' and inserting ``exempt person use''.
(2) Section 141(b)(6)(A) of such Code is amended by
striking ``a governmental unit'' and inserting ``an exempt
person''.
(3) Section 141(b)(7) of such Code is amended--
(A) by striking ``government use'' and inserting
``exempt person use''; and
(B) in the heading thereof, by striking
``Government use'' and inserting ``Exempt person use''.
(4) Section 141(b) of such Code is amended by striking
paragraph (9).
(5) Section 141(c)(1) of such Code is amended by striking
``governmental units'' and inserting ``exempt persons''.
(6) Section 141 of such Code is amended by redesignating
subsection (e) as subsection (f) and by inserting after
subsection (d) the following:
``(e) Certain Issues Used To Provide Residential Rental Housing for
Family Units.--
``(1) In general.--Except as provided in paragraph (2), for
purposes of this title, the term `private activity bond'
includes any bond issued as part of an issue if any portion of
the net proceeds of the issue are to be used (directly or
indirectly) by an exempt person described in section
150(a)(2)(A)(ii) to provide residential rental property for
family units. This paragraph shall not apply if the bond would
not be a private activity bond if the section 501(c)(3)
organization were not an exempt person.
``(2) Exception for bonds used to provide qualified
residential rental projects.--Paragraph (1) shall not apply to
any bond issued as part of an issue if the portion of such
issue which is to be used as described in paragraph (1) is to
be used to provide--
``(A) a residential rental property for family
units if the first use of such property is pursuant to
such issue,
``(B) qualified residential rental projects (as
defined in section 142(d)), or
``(C) property which is to be substantially
rehabilitated in a rehabilitation beginning within the
2-year period ending 1 year after the date of the
acquisition of such property.
``(3) Substantial rehabilitation.--
``(A) In general.--Except as provided in
subparagraph (B), rules similar to the rules of section
47(c)(1)(C) shall apply in determining for purposes of
paragraph (2)(C) whether property is substantially
rehabilitated.
``(B) Exception.--For purposes of subparagraph (A),
clause (ii) of section 47(c)(1)(C) shall not apply, but
the Secretary may extend the 24-month period in section
47(c)(1)(C)(i) where appropriate due to circumstances
not within the control of the owner.
``(4) Certain property treated as new property.--Solely for
purposes of determining under paragraph (2)(A) whether the 1st
use of property is pursuant to tax-exempt financing--
``(A) In general.--If--
``(i) the 1st use of property is pursuant
to taxable financing,
``(ii) there was a reasonable expectation
(at the time such taxable financing was
provided) that such financing would be replaced
by tax-exempt financing, and
``(iii) the taxable financing is in fact so
replaced within a reasonable period after the
taxable financing was provided,
then the 1st use of such property shall be treated as
being pursuant to the tax-exempt financing.
``(B) Special rule where no operating state or
local program for tax-exempt financing.--If, at the
time of the 1st use of property, there was no operating
State or local program for tax-exempt financing of the
property, the 1st use of the property shall be treated
as pursuant to the 1st tax-exempt financing of the
property.
``(C) Definitions.--For purposes of this
paragraph--
``(i) Tax-exempt financing.--The term `tax-
exempt financing' means financing provided by
tax-exempt bonds.
``(ii) Taxable financing.--The term
`taxable financing' means financing which is
not tax-exempt financing.''.
(7) Section 141(f) of such Code, as redesignated by
paragraph (6), is amended--
(A) at the end of subparagraph (E), by adding
``or'';
(B) at the end of subparagraph (F), by striking ``,
or'' and inserting a period; and
(C) by striking subparagraph (G).
(8) The last sentence of section 144(b)(1) of such Code is
amended by striking ``(determined'' and all that follows to the
period.
(9) Section 144(c)(2)(C)(ii) of such Code is amended by
striking ``a governmental unit'' and inserting ``an exempt
person''.
(10) Section 146(g) of such Code is amended--
(A) by striking paragraph (2);
(B) by redesignating paragraphs (3) and (4) as
paragraphs (2) and (3), respectively; and
(C) by striking ``Paragraph (4)'' and inserting
``Paragraph (3)''.
(11) The heading of section 146(k)(3) of such Code is
amended by striking ``governmental'' and inserting ``exempt
person''.
(12) The heading of section 146(m) of such Code is amended
by striking ``Government'' and inserting ``Exempt Person''.
(13) Section 147(b) of such Code is amended by striking
paragraph (4) and by redesignating paragraph (5) as paragraph
(4).
(14) Section 147(h) of such Code is amended to read as
follows:
``(h) Certain Rules Not To Apply to Mortgage Revenue Bonds and
Qualified Student Loan Bonds.--Subsections (a), (b), (c), and (d) shall
not apply to any qualified mortgage bond, qualified veterans' mortgage
bond, or qualified student loan bond.''.
(15) Section 148(d)(3)(F) of such Code is amended--
(A) by striking ``or which is a qualified 501(c)(3)
bond''; and
(B) in the heading thereof, by striking
``governmental use bonds and qualified 501(c)(3)'' and
inserting ``exempt person''.
(16) Section 148(f)(4)(B)(ii)(II) of such Code is amended
by striking ``(other than a qualified 501(c)(3) bond)''.
(17) Section 148(f)(4)(C)(iv) of such Code is amended--
(A) by striking ``a governmental unit or a
501(c)(3) organization'' both places it appears and
inserting ``an exempt person'';
(B) by striking ``qualified 501(c)(3) bonds,''; and
(C) by striking the comma after ``private activity
bonds'' the first place it appears.
(18) Section 148(f)(7)(A) of such Code is amended by
striking ``(other than a qualified 501(c)(3) bond)''.
(19) Section 149(d)(2) of such Code is amended--
(A) by striking ``(other than a qualified 501(c)(3)
bond)''; and
(B) in the heading thereof, by striking ``Certain
private'' and inserting ``Private''.
(20) Section 149(e)(2) of such Code is amended--
(A) in the second sentence, by striking ``which is
not a private activity bond'' and in- serting ``which
is a bond issued for an exempt person described in section
150(a)(2)(A)(i)''; and
(B) by adding at the end the following:
``Subparagraph (D) shall not apply to any bond which is
not a private activity bond but which would be such a
bond if the 501(c)(3) organization using the proceeds
thereof were not an exempt person.''.
(21) The heading of section 150(b) of such Code is amended
by striking ``Tax-Exempt Private Activity Bonds'' and inserting
``Certain Tax-Exempt Bonds''.
(22) Section 150(b)(3) of such Code is amended--
(A) in subparagraph (A), by inserting ``owned by a
501(c)(3) organization'' after ``any facility'';
(B) in subparagraph (A), by striking ``any private
activity bond which, when issued, purported to be a
tax-exempt qualified 501(c)(3) bond'' and inserting
``any bond which, when issued, purported to be a tax-
exempt bond, and which would be a private activity bond
if the 501(c)(3) organization using the proceeds
thereof were not an exempt person''; and
(C) by striking the heading thereof and inserting
``Bonds for exempt persons other than governmental
units.--''.
(23) Section 150(b)(5) of such Code is amended--
(A) in subparagraph (A), by striking ``private
activity'';
(B) in subparagraph (A), by inserting ``and which
would be a private activity bond if the 501(c)(3)
organization using the proceeds thereof were not an
exempt person'' after ``tax-exempt bond'';
(C) by striking subparagraph (B) and inserting the
following:
``(B) such facility is required to be owned by an
exempt person, and''; and
(D) in the heading thereof, by striking
``governmental units or 501(c)(3) organizations'' and
inserting ``exempt persons''.
(24) Section 150 of such Code is amended by adding at the
end the following:
``(f) Certain Rules To Apply to Bonds for Exempt Persons Other Than
Governmental Units.--
``(1) In general.--Nothing in section 103(a) or any other
provision of law shall be construed to provide an exemption
from Federal income tax for interest on any bond which would be
a private activity bond if the 501(c)(3) organization using the
proceeds thereof were not an exempt person unless such bond
satisfies the requirements of subsections (b) and (f) of
section 147.
``(2) Special rule for pooled financing of 501(c)(3)
organization.--
``(A) In general.--At the election of the issuer, a
bond described in paragraph (1) shall be treated as
meeting the requirements of section 147(b) if such bond
meets the requirements of subparagraph (B).
``(B) Requirements.--A bond meets the requirements
of this subparagraph if--
``(i) 95 percent or more of the net
proceeds of the issue of which such bond is a
part are to be used to make or finance loans to
2 or more 501(c)(3) organizations or
governmental units for acquisition of property
to be used by such organizations,
``(ii) each loan described in clause (i)
satisfies the requirements of section
147(b) (determined by treating each loan as a separate issue),
``(iii) before such bond is issued, a
demand survey was conducted which shows a
demand for financing greater than an amount
equal to 120 percent of the lendable proceeds
of such issue, and
``(iv) 95 percent or more of the net
proceeds of such issue are to be loaned to
501(c)(3) organizations or governmental units
within 1 year of issuance and, to the extent
there are any unspent proceeds after such 1-
year period, bonds issued as part of such issue
are to be redeemed as soon as possible
thereafter (and in no event later than 18
months after issuance).
A bond shall not meet the requirements of this
subparagraph if the maturity date of any bond issued as
part of such issue is more than 30 years after the date
on which the bond was issued (or, in the case of a
refunding or series of refundings, the date on which
the original bond was issued).''.
(25) Section 1302 of the Tax Reform Act of 1986 is
repealed.
(26) Section 57(a)(5)(C) of such Code is amended by
striking clause (ii) and by redesignating clauses (iii) and
(iv) as clauses (ii) and (iii), respectively.
(27) Section 103(b)(3) of such Code is amended by inserting
``and section 150(f)'' after ``section 149''.
(28) Section 265(b)(3) of such Code is amended--
(A) in subparagraph (B), by striking clause (ii)
and inserting the following:
``(ii) Certain bonds not treated as private
activity bonds.--For purposes of clause
(i)(II), there shall not be treated as a
private activity bond any obligation issued to
refund (or which is part of a series of
obligations issued to refund) an obligation
issued before August 8, 1986, which was not an
industrial development bond (as defined in
section 103(b)(2) as in effect on the day
before the date of the enactment of the Tax
Reform Act of 1986) or a private loan bond (as
defined in section 103(o)(2)(A), as so in
effect, but without regard to any exemption
from such definition other than section
103(o)(2)(A)).''; and
(B) in subparagraph (C)(ii)(I), by striking
``(other than a qualified 501(c)(3) bond, as defined in
section 145)''.
(d) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to bonds (including
refunding bonds) issued with respect to capital expenditures
made on or after the date of the enactment of this Act.
(2) Exception.--The amendments made by this section shall
not apply to bonds issued before January 1, 1997, for purposes
of applying section 148(f)(4)(D) of the Internal Revenue Code
of 1986. | Higher Education Bond Parity Act - Amends the Internal Revenue Code to provide for the tax treatment of bonds of certain nonprofit tax-exempt organizations in a manner similar to governmental bonds. | {"src": "billsum_train", "title": "Higher Education Bond Parity Act"} | 3,836 | 42 | 0.483253 | 1.074982 | 0.621922 | 2.852941 | 97.411765 | 0.911765 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting American Agricultural and
Medical Exports to Cuba Act of 2007''.
SEC. 2. CLARIFICATION OF PAYMENT TERMS UNDER THE TRADE SANCTIONS REFORM
AND EXPORT ENHANCEMENT ACT OF 2000.
Section 908(b)(4) of the Trade Sanctions Reform and Export
Enhancement Act of 2000 (22 U.S.C. 7207(b)(4)) is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(C) the term `payment of cash in advance' means,
notwithstanding any other provision of law, the payment
by the purchaser of an agricultural commodity or
product and the receipt of such payment by the seller
prior to--
``(i) the transfer of title of such
commodity or product to the purchaser; and
``(ii) the release of control of such
commodity or product to the purchaser.''.
SEC. 3. AUTHORIZATION OF DIRECT TRANSFERS BETWEEN CUBAN AND UNITED
STATES FINANCIAL INSTITUTIONS UNDER THE TRADE SANCTIONS
REFORM AND EXPORT ENHANCEMENT ACT OF 2000.
(a) In General.--Notwithstanding any other provision of law, the
President may not restrict direct transfers from a Cuban depository
institution to a United States depository institution executed in
payment for a product authorized for sale under the Trade Sanctions
Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201 et seq.).
(b) Depository Institution Defined.--In this section, the term
``depository institution'' means any entity that is engaged primarily
in the business of banking (including a bank, savings bank, savings
association, credit union, trust company, or bank holding company).
SEC. 4. ESTABLISHMENT OF AGRICULTURAL EXPORT PROMOTION PROGRAM WITH
RESPECT TO CUBA.
(a) In General.--The Secretary of Agriculture shall establish a
program to provide information and technical assistance to United
States agricultural producers, cooperative organizations, or state
agencies that promote the sale of agricultural commodities, in order to
promote and facilitate United States exports of agricultural products
to Cuba as authorized by the Trade Sanctions Reform and Export
Enhancement Act of 2000.
(b) Technical Assistance to Facilitate Exports.--The Secretary
shall maintain on the website of the Department of Agriculture
information to assist exporters and potential exporters of United
States agricultural commodities with respect to Cuba.
(c) Authorization of Funds.--The Secretary is authorized to expend
such sums as may be available in the Agricultural Export Promotion
Trust Fund established under section 9511 of the Internal Revenue Code
of 1986 (as added by section 9(b) of this Act).
SEC. 5. ISSUANCE OF VISAS TO CONDUCT ACTIVITIES IN ACCORDANCE WITH THE
TRADE SANCTIONS REFORM AND EXPORT ENHANCEMENT ACT OF
2000.
(a) Issuance of Visas.--Notwithstanding any other provision of law,
in the case of a Cuban national whose itinerary documents an intent to
conduct activities, including phytosanitary inspections, related to
purchasing United States agricultural goods under the provisions of the
Trade Sanctions Reform and Export Enhancement Act of 2000, a consular
officer (as defined in section 101(a)(9) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(9))) may issue a nonimmigrant visa
under section 101(a)(15)(B) of such Act (8 U.S.C. 1101(a)(15)(B)) to
the national, if the national is not inadmissible to the United States
under section 212 of such Act (8 U.S.C. 1182).
(b) Periodic Reports.--
(1) In general.--Not later than 45 days after the date of
enactment of this Act and every 3 months thereafter the
Secretary of State shall submit to the Committees on Finance,
Agriculture, Nutrition, and Forestry, and Foreign Relations of
the Senate and the Committees on Agriculture, Ways and Means,
and Foreign Affairs of the House of Representatives a report on
the issuance of visas described in subsection (a).
(2) Content of reports.--Each report shall contain a full
description of each application received from a Cuban national
to travel to the United States to engage in purchasing
activities pursuant to the Trade Sanctions Reform and Export
Enhancement Act of 2000 and shall describe the disposition of
each such application.
SEC. 6. ADHERENCE TO INTERNATIONAL AGREEMENTS FOR THE MUTUAL PROTECTION
OF INTELLECTUAL PROPERTY.
(a) Repeal of Prohibition on Transactions or Payments With Respect
to Certain United States Intellectual Property.--Section 211 of the
Department of Commerce and Related Agencies Appropriations Act, 1999
(section 101(b) of division A of Public Law 105-277; 112 Stat. 2681-
88), is repealed.
(b) Regulations.--The Secretary of the Treasury shall promulgate
such regulations as are necessary to carry out the repeal made by
paragraph (1), including removing any prohibition on transactions or
payments to which subsection (a)(1) of section 211 of the Department of
Commerce and Related Agencies Appropriations Act, 1999 (as such section
was in effect on the day before the date of the enactment of this Act),
applied.
(c) Further Regulations.--
(1) In general.--The Secretary of the Treasury shall amend
part 515 of title 31, Code of Federal Regulations (the Cuban
assets control regulations), to authorize under general license
the transfer or receipt of any trademark or trade name subject
to United States law in which a designated national has an
interest.
(2) Designated national defined.--In this subsection, the
term ``designated national'' has the meaning given the term in
subsection (d)(1) of section 211 of the Department of Commerce
and Related Agencies Appropriations Act, 1999 (as such section
was in effect on the day before the date of the enactment of
this Act).
SEC. 7. TRAVEL TO CUBA.
(a) Freedom of Travel for United States Citizens and Legal
Residents.--Subject to subsection (c), the President shall not regulate
or prohibit, directly or indirectly, travel to or from Cuba by United
States citizens or legal residents, or any of the transactions incident
to such travel that are set forth in subsection (b). The President
shall rescind all regulations in effect on the date of the enactment of
this Act that so regulate or prohibit such travel or transactions.
(b) Transactions Incident to Travel.--The transactions referred to
in subsection (a) are--
(1) any transactions ordinarily incident to travel to or
from Cuba, including the importation into Cuba or the United
States of accompanied baggage for personal use only;
(2) any transactions ordinarily incident to travel or
maintenance within Cuba, including the payment of living
expenses and the acquisition of goods or services for personal
use;
(3) any transactions ordinarily incident to the
arrangement, promotion, or facilitation of travel to, from, or
within Cuba;
(4) any transactions incident to nonscheduled air, sea, or
land voyages, except that this paragraph does not authorize the
carriage of articles into Cuba or the United States except
accompanied baggage; and
(5) normal banking transactions incident to the activities
described in the preceding provisions of this subsection,
including the issuance, clearing, processing, or payment of
checks, drafts, travelers checks, credit or debit card
instruments, or similar instruments;
except that this section does not authorize the importation into the
United States of any goods for personal consumption acquired in Cuba.
(c) Exception.--The restrictions on authority contained in
subsection (a) do not apply in a case in which the United States is at
war with Cuba, armed hostilities between the two countries are in
progress, or there is imminent danger to the public health or the
physical safety of United States citizens or legal residents.
(d) Applicability.--This section applies to actions taken by the
President before the date of the enactment of this Act which are in
effect on such date of enactment, and to actions taken on or after such
date of enactment.
(e) Inapplicability of Other Provisions.--This section applies
notwithstanding section 102(h) of the Cuban Liberty and Democratic
Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6032(h)) and section
910(b) of the Trade Sanctions Reform and Export Enhancement Act of 2000
(22 U.S.C. 7209(b)).
SEC. 8. EXPORT OF MEDICINES AND MEDICAL DEVICES TO CUBA.
(a) Repeal of Requirement for Onsite Verifications.--Section 1705
of the Cuban Democracy Act of 1992 (22 U.S.C. 6004) is amended by
striking subsection (d).
(b) Rule of Construction.--Nothing in the amendment made by
subsection (a) shall be construed to restrict the authority of the
President to--
(1) impose export controls with respect to the export of
medicines or medical devices under sections 5 or 6 of the
Export Administration Act of 1979; or
(2) exercise the authorities the President has under the
International Emergency Economic Powers Act with respect to
Cuba pursuant to a declaration of national emergency required
by that Act that is made on account of an unusual and
extraordinary threat, that did not exist before the enactment
of this Act, to the national security, foreign policy, or
economy of the United States.
SEC. 9. INCREASE IN AIRPORT TICKET TAX FOR TRANSPORTATION BETWEEN
UNITED STATES AND CUBA; ESTABLISHMENT OF AGRICULTURAL
EXPORT PROMOTION TRUST FUND.
(a) Increase in Ticket Tax.--Subsection (c) of section 4261 of the
Internal Revenue Code of 1986 (relating to use of international travel
facilities) is amended by adding at the end the following new
paragraph:
``(4) Special rule for cuba.--In any case in which the tax
imposed by paragraph (1) applies to transportation beginning or
ending in Cuba before January 1, 2013, such tax shall be
increased by $1.00.''.
(b) Agricultural Export Promotion Trust Fund.--
(1) In general.--Subchapter A of chapter 98 of the Internal
Revenue Code of 1986 (relating to establishment of trust funds)
is amended by adding at the end the following new section:
``SEC. 9511. AGRICULTURAL EXPORT PROMOTION TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Agricultural
Export Promotion 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 Trust Fund.--There are hereby appropriated to
the Agricultural Export Promotion Trust Fund amounts equivalent to the
taxes received in the Treasury by reason of section 4261(c)(4).
``(c) Expenditures.--Amounts in the Agricultural Export Promotion
Trust Fund shall be available, as provided by appropriation Acts, for
making expenditures to the Office of the Secretary of Agriculture for
the purposes set out in section 4 of the Promoting American
Agricultural and Medical Exports to Cuba Act of 2007.''.
(2) Conforming amendment.--Subparagraph (B) of section
9502(b)(1) of such Code is amended by inserting ``(other than
by reason of subsection (c)(4) thereof)'' after ``sections
4261''.
(3) Clerical amendment.--The table of sections for
subchapter A of chapter 98 of such Code is amended by adding at
the end the following new item:
``Sec. 9511. Agricultural Export Promotion Trust Fund.''.
(c) Effective Date.--The amendment made by subsection (a) shall
apply to transportation beginning after the 90-day period beginning on
the date of the enactment of this Act, except that such amendment shall
not apply to amounts paid before the end of such period. | Promoting American Agricultural and Medical Exports to Cuba Act of 2007 - Prohibits the President from restricting direct transfers from a Cuban depository institution to a U.S. depository institution in payment for a product authorized for sale under the Trade Sanctions Reform and Export Enhancement Act of 2000.
Directs the Secretary of Agriculture to provide information and technical assistance to U.S. agricultural producers, cooperative organizations, or state agencies to promote U.S. agricultural exports products to Cuba.
Authorizes the issuance of temporary entry visas to Cuban nationals to facilitate purchase of U.S. agricultural products.
Amends the Department of Commerce and Related Agencies Appropriations Act, 1999 to repeal the prohibition on enforcement of rights to certain U.S. intellectual properties and such properties' transfer.
Prohibits the President from regulating or prohibiting travel to or from Cuba by U.S. citizens or legal residents, or any of the transactions ordinarily incident to such travel, and any regulation restricting or prohibiting such travel shall have no effect, relating to: (1) accompanied personal baggage; (2) payment of living expenses and the acquisition of personal-use goods or services; (3) travel arrangements; (4) nonscheduled air, sea, or land voyage transactions, (such provision does not permit the carriage of articles other than accompanied baggage into Cuba or the United States); and (5) normal banking transactions. States that such provision shall not apply in time of war or armed hostilities between the United States and Cuba, or of imminent danger to the public health or the physical safety of U.S. travelers.
Amends the Democracy Act of 1992 to repeal the requirement for onsite verification of certain medical exports to Cuba.
Amends the Internal Revenue Code to: (1) increase the airport ticket tax for transportation between the United States and Cuba by $1; and (2) establish in the Treasury the Agricultural Export Promotion Trust Fund. | {"src": "billsum_train", "title": "To facilitate the export of United States agricultural products to Cuba as authorized by the Trade Sanctions Reform and Export Enhancement Act of 2000, to remove impediments to the export to Cuba of medical devices and medicines, to allow travel to Cuba by United States legal residents, to establish an agricultural export promotion program with respect to Cuba, and for other purposes."} | 2,808 | 412 | 0.596599 | 1.88212 | 0.779073 | 3.663842 | 6.669492 | 0.90113 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homefront Heroes Tax Relief Act of
2009''.
SEC. 2. CREDIT FOR CARE PACKAGES FOR MEMBERS OF ARMED FORCES IN A
COMBAT ZONE.
(a) In General.--Subpart A of part IV of subchapter B of chapter I
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25D the
following new section:
``SEC. 25E. CARE PACKAGES FOR MEMBERS OF ARMED FORCES IN A COMBAT ZONE.
``(a) In General.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by this chapter for the
taxable year an amount equal to the qualified care package amount.
``(b) Limitation.--The amount allowed as a credit under subsection
(a) for the taxable year shall not exceed $500.
``(c) Qualified Care Package Amount.--For purposes of subsection
(a), the term `qualified care package amount' means the amount paid or
incurred to provide a care package for a member of the Armed Forces of
the United States serving in a combat zone (as defined in section
112(c)(2)) through an organization--
``(1) described in section 501(c)(3) and exempt from tax
under section 501(a),
``(2) organized for a purpose which includes supporting
members of the Armed Forces of the United States, and
``(3) listed on a website maintained by the Secretary of
Defense.
``(d) Special Rules.--
``(1) Related persons.--No amount shall be taken into
account under subsection (a) for a care package provided for a
related person. For purposes of the preceding sentence, the
term `related person' means a person who bears a relationship
to the taxpayer which would result in a disallowance of losses
under section 267 or 707(b).
``(2) Receipts.--No amount shall be taken into account
under subsection (a) with respect to which the taxpayer has not
submitted such information as the Secretary determines
necessary, including information relating to receipts for
contents and shipping of care packages.''.
(b) Clerical Amendments.--The table of sections for such part is
amended by inserting after the item relating to section 25D the
following new item:
``Sec. 25E. Care packages for members of Armed Forces in a combat
zone.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2008.
SEC. 3. CREDIT FOR VOLUNTEER SERVICE TO MILITARY FAMILIES THROUGH
AMERICA SUPPORTS YOU PROGRAM.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits), as amended by section 2, is amended by inserting
after section 25E the following new section:
``SEC. 25F. VOLUNTEER SERVICE TO MILITARY FAMILIES THROUGH AMERICA
SUPPORTS YOU PROGRAM.
``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this chapter
for the taxable year an amount equal to the sum of the qualified
service amounts with respect to qualified service performed during the
taxable year by the taxpayer, his spouse, and his dependents (as
defined in section 152, determined without regard to subsections
(b)(1), (b)(2), and (d)(1)(B) thereof).
``(b) Limitation.--The amount allowed as a credit under subsection
(a) for a taxable year shall not exceed $500.
``(c) Qualified Service Amount.--For purposes of subsection (a),
the term `qualified service amount' means, with respect to an hour (or
portion thereof) of qualified service, the minimum wage required under
section 6(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a))
as in effect on the date of such service.
``(d) Qualified Service.--For purposes of subsection (a)--
``(1) In general.--The term `qualified service' means
service meeting the requirements of paragraph (2) which is
provided through an organization--
``(A) described in section 501(c)(3) and exempt
from tax under section 501(a), and
``(B) which is approved by the Secretary of Defense
to participate in the America Supports You program of
the Department of Defense.
``(2) Service requirements.--Service meets the requirements
of this paragraph if the service--
``(A) is provided on a volunteer basis,
``(B) is for not less than 10 hours per week in not
less than 4 weeks of the taxable year, and
``(C) is directly involved with the mission of the
America Supports You program of helping military
families.
``(3) Certification requirement.--Service shall not be
taken into account under this section unless the organization
through which such service is performed certifies the date of
such service and that such service meets the requirements of
paragraph (2).
``(e) Inflation Adjustment.--
``(1) In general.--In the case of any taxable year
beginning in a calendar year after 2009, the $500 amount in
subsection (b) shall be increased by such amount multiplied by
the percentage change (if any) from the minimum wage on January
1, 2009, to the minimum wage on the last day of the preceding
taxable year.
``(2) Minimum wage.--For purposes of paragraph (1), the
term `minimum wage' means the minimum wage required under
section 6(a) of the Fair Labor Standards Act of 1938 (29 U.S.C.
206(a)).
``(3) Rounding.--If any amount as adjusted under paragraph
(1) is not a multiple of $10, such amount shall be rounded to
the nearest multiple of $10.
``(f) Regulations.--The Secretary shall prescribe such regulations
as may be necessary or appropriate to carry out this section.''.
(b) Clerical Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of such Code, as so amended, is
amended by inserting after the item relating to section 25E the
following new item:
``Sec. 25F. Volunteer service to military families through America
Supports You program.''.
(c) Effective Date.--The amendments made by this section shall
apply to service performed in taxable years beginning after December
31, 2008. | Homefront Heroes Tax Relief Act of 2009 - Amends the Internal Revenue Code to allow tax credits for: (1) sending care packages to members of the Armed Forces serving in a combat zone; and (2) providing volunteer service to military families through the America Supports You program of the Department of Defense (DOD). | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow a credit for care packages provided for soldiers in combat zones and a credit for providing volunteer service to military families through the America Supports You program of the Department of Defense."} | 1,533 | 67 | 0.505555 | 1.20337 | 0.521164 | 3.596774 | 21.483871 | 0.887097 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keep Teachers Teaching Act of
2015''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The United States faces an increasing need for high-
quality educators. The Department of Education estimates the
United States will need about 430,000 new elementary and
secondary teachers by 2020.
(2) For the first time since the 1960s, teachers with 10
years of experience or less now constitute more than half of
our teaching force.
(3) Research shows that a key reason for teacher turnover
is job dissatisfaction, which may result from poor working
conditions, inadequate administrative support, low salary, low
morale, or lack of a pathway for professional advancement.
(4) The National Center for Education Statistics found a
correlation between the level of support and training provided
to new teachers and the likelihood of a teacher leaving after
their first year, with teachers who are assigned a mentor
teacher more likely to continue their teaching careers than
those who did not.
(5) Efforts to address the teacher shortage demands a
national strategy to support the development and implementation
of innovative teacher retention programs.
(6) Effective teacher retention programs to address this
problem are already at work in local educational agencies
around the country, and many more innovative programs could be
advanced if additional resources were available.
(7) The Department of Education has made teacher
recruitment and retention a priority, and can play an important
role in facilitating the identification of the most promising
teacher retention approaches and disseminating information
about them to State educational agencies and local educational
agencies.
SEC. 3. GRANTS FOR INNOVATIVE TEACHER RETENTION PROGRAMS.
Section 2151 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6651) is amended by adding at the end the following:
``(g) Teacher Retention Activities.--
``(1) In general.--The Secretary shall establish and carry
out a teacher retention program to--
``(A) assist State educational agencies and local
educational agencies in developing and implementing
innovative teacher retention programs, and support the
development of model programs and best practices in
retaining quality teachers in the classroom; and
``(B) facilitate the dissemination of innovative
teacher retention programs to State educational
agencies and local educational agencies.
``(2) Grants.--The Secretary shall carry out paragraph
(1)(A) by making grants to eligible entities to develop and
implement innovative teacher retention programs, including
activities such as--
``(A) professional development programs;
``(B) teacher mentoring programs;
``(C) advanced certification or advanced
credentialing;
``(D) research, travel, or fellowship
opportunities; and
``(E) pairing of teachers with professionals in
research or industry.
``(3) Eligible entities.--In this subsection, the term
`eligible entity' includes--
``(A) local educational agencies;
``(B) State educational agencies; and
``(C) partnerships of local educational agencies,
nonprofit organizations, and institutions of higher
education.
``(4) Grant terms.--Grants under this subsection shall be
awarded for periods of not more than 5 years and on a
competitive basis. Grants awarded under this subsection may be
renewed.
``(5) Secretary's duty to identify most promising teacher
retention approaches.--In carrying out paragraph (1)(B), the
Secretary shall--
``(A) identify the most promising teacher retention
approaches, including the approaches already working
and the approaches developed through grants funded
under this subsection, and make information about such
approaches publicly available and easily accessible to
State educational agencies and local educational
agencies; and
``(B) not later than 9 months after the date of the
enactment of this subsection, and annually thereafter,
transmit to the Committee on Education and the
Workforce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of
the Senate, a report that describes--
``(i) the methodology by which the most
promising teacher retention programs are
identified under subparagraph (A); and
``(ii) the Secretary's efforts to
disseminate information regarding such programs
to State educational agencies and local
educational agencies.''. | Keep Teachers Teaching Act of 2015 This bill amends the Elementary and Secondary Education Act of 1965 to direct the Department of Education (ED) to award competitive, renewable grants to local educational agencies (LEAs), states, and partnerships of LEAs, nonprofit organizations, and institutions of higher education for the development and implementation of innovative teacher retention programs that include: (1) professional development; (2) teacher mentoring; (3) advanced certification or credentialing; (4) research, travel, or fellowship opportunities; and (5) pairing teachers with research or industry professionals. ED must: (1) identify the most promising teacher retention strategies, and (2) make information about those strategies publicly available and easily accessible to states and LEAs. | {"src": "billsum_train", "title": "Keep Teachers Teaching Act of 2015"} | 900 | 142 | 0.576797 | 1.648947 | 0.657681 | 3.25 | 6.208333 | 0.902778 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Employee Protection of
Disclosures Act''.
SEC. 2. CLARIFICATION OF DISCLOSURES COVERED.
Section 2302(b)(8) of title 5, United States Code, is amended--
(1) in subparagraph (A)--
(A) by striking ``which the employee or applicant
reasonably believes evidences'' and inserting ``,
without restriction as to time, place, form, motive,
context, or prior disclosure made to any person by an
employee or applicant, including a disclosure made in
the ordinary course of an employee's duties, that the
employee or applicant reasonably believes is evidence
of''; and
(B) in clause (i), by striking ``a violation'' and
inserting ``any violation''; and
(2) in subparagraph (B)--
(A) by striking ``which the employee or applicant
reasonably believes evidences'' and inserting ``,
without restriction as to time, place, form, motive,
context, or prior disclosure made to any person by an
employee or applicant, including a disclosure made in
the ordinary course of an employee's duties, of
information that the employee or applicant reasonably
believes is evidence of''; and
(B) in clause (i), by striking ``a violation'' and
inserting ``any violation (other than a violation of
this section)''.
SEC. 3. COVERED DISCLOSURES.
Section 2302(a)(2) of title 5, United States Code, is amended--
(1) in subparagraph (B)(ii), by striking ``and'' at the
end;
(2) in subparagraph (C)(iii), by striking the period at the
end and inserting ``; and''; and
(3) by adding at the end the following:
``(D) `disclosure' means a formal or informal
communication, but does not include a communication concerning
policy decisions that lawfully exercise discretionary authority
unless the employee providing the disclosure reasonably
believes that the disclosure evidences--
``(i) any violation of any law, rule, or
regulation; or
``(ii) gross mismanagement, a gross waste of funds,
an abuse of authority, or a substantial and specific
danger to public health or safety.''.
SEC. 4. REBUTTABLE PRESUMPTION.
Section 2302(b) of title 5, United States Code, is amended by
adding at the end the following: ``For purposes of paragraph (8), any
presumption relating to the performance of a duty by an employee who
has authority to take, direct others to take, recommend, or approve any
personnel action may be rebutted by substantial evidence. For purposes
of paragraph (8), a determination as to whether an employee or
applicant reasonably believes that such employee or applicant has
disclosed information that evidences any violation of law, rule,
regulation, gross mismanagement, a gross waste of funds, an abuse of
authority, or a substantial and specific danger to public health or
safety shall be made by determining whether a disinterested observer
with knowledge of the essential facts known to or readily ascertainable
by the employee or applicant would reasonably conclude that the actions
of the Government evidence such violations, mismanagement, waste,
abuse, or danger.''.
SEC. 5. NONDISCLOSURE POLICIES, FORMS, AND AGREEMENTS.
(a) Personnel Action.--Section 2302(a)(2)(A) of title 5, United
States Code, is amended--
(1) in clause (x), by striking ``and'' at the end;
(2) by redesignating clause (xi) as clause (xii); and
(3) by inserting after clause (x) the following:
``(xi) the implementation or enforcement of any
nondisclosure policy, form, or agreement; and''.
(b) Prohibited Personnel Practice.--Section 2302(b) of title 5,
United States Code, is amended--
(1) in paragraph (11), by striking ``or'' at the end;
(2) in paragraph (12), by striking the period and inserting
a semicolon; and
(3) by inserting after paragraph (12) the following:
``(13) implement or enforce any nondisclosure policy, form,
or agreement, if such policy, form, or agreement does not
contain the following statement:
```These provisions are consistent with and do not supersede,
conflict with, or otherwise alter the employee obligations, rights, or
liabilities created by Executive Order No. 12958; section 7211 of title
5, United States Code (governing disclosures to Congress); section 1034
of title 10, United States Code (governing disclosures to Congress by
members of the military); section 2302(b)(8) of title 5, United States
Code (governing disclosures of illegality, waste, fraud, abuse, or
public health or safety threats); the Intelligence Identities
Protection Act of 1982 (50 U.S.C. 421 and following) (governing
disclosures that could expose confidential Government agents); and the
statutes which protect against disclosures that could compromise
national security, including sections 641, 793, 794, 798, and 952 of
title 18, United States Code, and section 4(b) of the Subversive
Activities Control Act of 1950 (50 U.S.C. 783(b)). The definitions,
requirements, obligations, rights, sanctions, and liabilities created
by such Executive order and such statutory provisions are incorporated
into this agreement and are controlling.'; or
``(14) conduct, or cause to be conducted, an investigation,
other than any ministerial or nondiscretionary factfinding
activities necessary for the agency to perform its mission, of
an employee or applicant for employment because of any activity
protected under this section.''.
SEC. 6. EXCLUSION OF AGENCIES BY THE PRESIDENT.
Section 2302(a)(2)(C) of title 5, United States Code, is amended by
striking clause (ii) and inserting the following:
``(ii)(I) the Federal Bureau of Investigation, the
Central Intelligence Agency, the Defense Intelligence
Agency, the National Imagery and Mapping Agency, the
National Security Agency; and
``(II) as determined by the President, any
Executive agency or unit thereof the principal function
of which is the conduct of foreign intelligence,
counterintelligence activities, or homeland security,
if the determination (as that determination relates to
a personnel action) is made before that personnel
action; or''.
SEC. 7. DISCIPLINARY ACTION.
Section 1215(a)(3) of title 5, United States Code, is amended to
read as follows:
``(3)(A) A final order of the Board may impose--
``(i) disciplinary action consisting of removal, reduction
in grade, debarment from Federal employment for a period not to
exceed 5 years, suspension, or reprimand;
``(ii) an assessment of a civil penalty not to exceed
$1,000; or
``(iii) any combination of disciplinary actions described
under clause (i) and an assessment described under clause (ii).
``(B) In any case in which the Board finds that an employee has
committed a prohibited personnel practice under paragraph (8) or (9) of
section 2302(b), the Board shall impose disciplinary action if the
Board finds that the activity protected under such paragraph (8) or (9)
(as the case may be) was the primary motivating factor, unless that
employee demonstrates, by a preponderance of the evidence, that the
employee would have taken, failed to take, or threatened to take or
fail to take the same personnel action, in the absence of such
protected activity.''.
SEC. 8. GOVERNMENT ACCOUNTABILITY OFFICE STUDY ON REVOCATION OF
SECURITY CLEARANCES.
(a) Requirement.--The Comptroller General shall conduct a study of
security clearance revocations, taking effect after 1996, with respect
to personnel that filed claims under chapter 12 of title 5, United
States Code, in connection therewith. The study shall consist of an
examination of the number of such clearances revoked, the number
restored, and the relationship, if any, between the resolution of
claims filed under such chapter and the restoration of such clearances.
(b) Report.--Not later than June 30, 2006, the Comptroller General
shall submit to the Committee on Government Reform of the House of
Representatives and the Committee on Governmental Affairs of the Senate
a report on the results of the study required by subsection (a).
SEC. 9. EFFECTIVE DATE.
This Act shall take effect 30 days after the date of enactment of
this Act. | Federal Employee Protection of Disclosures Act - (Sec. 2) Includes as a protected disclosure by a federal employee any lawful disclosure an employee or applicant for employment reasonably believes is credible evidence of waste, abuse, gross mismanagement, or substantial and specific danger to public health or safety without restriction as to time, place, form, motive, context, or prior disclosure. (Sec. 3) Defines the term "disclosure" to mean a formal or informal communication, but does not include a communication concerning policy decisions that lawfully exercise discretionary authority unless the employee providing the disclosure reasonably believes that the disclosure evidences: (1) any violation of any law, rule, or regulation; or (2) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety. (Sec. 4) Codifies the legal standard for determining whether a whistleblower has a reasonable belief that a disclosure evidences governmental waste, fraud, or abuse, or a violation of law. (Sec. 5) Includes under the definition of "personnel action" the implementation or enforcement of any nondisclosure policy, form, or agreement. Prohibits taking the following actions against whistleblowers making protected disclosures: (1) the implementation or enforcement of any nondisclosure policy, form, or agreement; and (2) an investigation (other than routine nondiscretionary agency investigations) of an employee or applicant. (Sec. 6) Authorizes the President to exclude certain agencies engaged in the conduct of foreign intelligence or counterintelligence activities from whistleblower protections if such exclusion is made prior to any personnel action against the whistleblower. (Sec. 7) Expands the authority of the Merit Systems Protection Board to impose disciplinary action for prohibited personnel practices. (Sec. 8) Requires a Government Accountability Office (GAO) study on security clearances revocations taking effect after 1996 with respect to personnel that filed claims in connection with such security clearance revocations. (Sec. 9) Permits an employee, former employee, or applicant to bring an action against the United States at law or equity for de novo review as an alternative recourse in seeking corrective action with respect to a prohibited personnel practice. (Sec. 10) Amends the Federal Property and Administrative Services Act of 1949 to modify remedy and enforcement authority under provisions relating to the protection of contractor employees from reprisal for disclosure of certain information, including by permitting such an employee who has been subjected to a reprisal prohibited by such provisions to bring an action at law or equity for de novo review in order to seek compensatory damages and other relief available under those provisions. Makes an identical amendment with respect to federal military law relating to the protection of military contractor employees from reprisal for disclosure of certain information. (Sec. 11) Makes certain prohibited personnel practices provisions applicable to the Transportation Security Administration (TSA). | {"src": "billsum_train", "title": "To amend title 5, United States Code, to clarify which disclosures of information are protected from prohibited personnel practices; to require a statement in nondisclosure policies, forms, and agreements to the effect that such policies, forms, and agreements are consistent with certain disclosure protections; and for other purposes."} | 1,948 | 654 | 0.595483 | 1.927021 | 0.686614 | 3.13211 | 3.238532 | 0.838532 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe and Responsible Handgun Act of
1996''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) certain handguns that are widely marketed across State
lines are traced disproportionately to violent crimes, and in
particular to crimes in States other than those in which they
were manufactured or purchased;
(2) many of these handguns are of dangerously poor quality
and threaten the safety even of legitimate users for sport or
self-defense;
(3) States should be encouraged to restrict the sale of
handguns that are unsafe, particularly suited for crime, and
not useful for sporting, hunting, law enforcement, or self-
defense purposes; and
(4) accurate and uniform data on the use of guns is
essential to formulating effective policy to reduce violent
crime involving guns and deaths and injuries from such crimes.
SEC. 3. REDUCTION OF BYRNE GRANTS FOR STATES NOT ELECTING TO ESTABLISH
HANDGUN ROSTER BOARDS.
(a) Handgun Roster Boards.--
(1) Establishment.--The Secretary of the Treasury shall
establish guidelines for the establishment by each State of a
Handgun Roster Board (in this Act referred to as the ``Board'')
which, at a minimum, meets the following requirements:
(A) The Board shall consist of 9 members, each of
whom shall be eligible to vote in an election for
officials of the State, and--
(i) 1 of whom shall be a representative of
the police;
(ii) 1 of whom shall be a representative of
the State prosecutor's office;
(iii) 1 of whom shall be a representative
of a State organization, or a local chapter of
a national organization, which advocates the
rights of fireams owners;
(iv) 1 of whom shall be a representative of
handgun dealers or manufacturers;
(v) 1 of whom shall be a representative of
a State organization, or local chapter of a
national organization, which advocates greater
control of handguns; and
(vi) 3 of whom shall not meet any
requirement of clauses (i) through (v).
(B) The Board shall designate 1 of its members as
the chairman of the Board.
(2) Publication of roster.--Not less frequently than
annually, the Board shall publish a roster which specifies the
types of handguns which may be lawfully manufactured, sold,
owned, possessed, or used in the State, and any terms,
conditions, or circumstances under which such types of handguns may be
so manufactured, sold, owned, possessed, or used, and shall transmit a
copy of the roster to each licensed dealer in the State who is not
prohibited by State law from dealing in handguns.
(3) Factors to be considered.--In deciding whether to
include a type of handgun on the roster, the Board shall
consider the following factors:
(A) Concealability.
(B) Ballistic accuracy.
(C) Portability.
(D) Quality of materials.
(E) Quality of manufacture.
(F) Safety features.
(G) Caliber.
(H) Detectability by the standard security
equipment commonly used at airports or courthouses and
approved by the Federal Aviation Administration for use
at airports in the United States.
(I) Utility for legitimate sporting activities,
hunting, self-protection, or law enforcement.
(4) Procedural rule.--The Board may include a type of
handgun on the roster upon the Board's initiative, or upon the
petition of any person.
(5) Laws relating to handguns.--
(A) In general.--The State shall have in effect
such laws as may be necessary to make unlawful in the
State the manufacture, sale, ownership, possession, and
use of--
(i) any handgun which is of a type not
specified on the roster published by the Board
pursuant to paragraph (2); and
(ii) any handgun which is of a type
specified on the roster published by the Board
pursuant to paragraph (2), except under such
terms and conditions as the Board may specify.
(B) Penalties for certain violations.--
(i) Unlawful manufacture of handgun.--Such
laws shall provide that any person who
unlawfully manufactures a handgun for
distribution or sale shall be fined not more
than $10,000 and be subject to such other
penalties as may be provided for by State law.
(ii) Unlawful sale or offer of handgun.--
Such laws shall provide that any person who
unlawfully sells a handgun or offers a handgun
for sale shall be fined not more than $2,500
and be subject to such other penalties as may
be provided for by State law.
(iii) Separate violations.--Such laws shall
provide that a violation of such laws involving
2 or more handguns shall constitute separate
violations of such laws with respect to each
handgun involved.
(C) Exemption for certain lawfully possessed
handguns.--Subparagraph (A) shall not be construed to
require the State laws described in subparagraph (A) to
apply to any handgun lawfully possessed on the date of
the enactment of the law.
(6) Definitions.--As used in this subsection:
(A) Handgun.--The term ``handgun'' shall have the
meaning given such term by section 921(a)(29) of title
18, United States Code.
(B) Licensed dealer.--The term ``licensed dealer''
shall have the meaning given such term by section
921(a)(11) of title 18, United States Code.
(b) Compliance.--
(1) Compliance date.--Each State shall have not more than 3
years from the date of enactment of this Act in which to comply
with subsection (a), except that the Attorney General may grant
an additional 2 years to a State that is making good faith
efforts to implement subsection (a).
(2) Ineligibility for funds.--
(A) In general.--A State that fails to comply with
subsection (a) of this section within the period
prescribed by or under paragraph (1) of this subsection
shall not receive 10 percent of the funds that would
otherwise be allocated to the State under section 506
of the Omnibus Crime Control and Safe Streets Act of
1968.
(B) Reallocation of funds.--Any funds that are not
allocated to a State because of the failure of the
State to comply with subsection (a) shall be
reallocated to States that comply with subsection (a).
SEC. 4. INDEPENDENT STUDY GROUP.
(a) Establishment.--The Secretary of the Treasury, in cooperation
with the Attorney General, shall establish Independent Study Group (in
this section referred to as the ``ISG'') for the purpose of devising an
effective national firearms injury reporting system.
(b) Membership.--The ISG shall be composed of representatives from
the Consumer Product Safety Commission, the Centers for Disease
Control, the Bureau of Alcohol, Tobacco and Firearms, the Federal
Bureau of Investigation, and the National Institute of Justice.
(c) Duties.--The ISG shall study the feasibility of collecting data
on the following, at a minimum:
(1) Intentional and unintentional firearms injuries.
(2) Fatal and nonfatal firearms injuries;
(3) The date, time, type of location of firearms injuries,
and whether they occurred during and in relation to the
commission of another crime.
(4) The type, make, model, caliber, serial number, and year
of manufacture of the firearms involved.
(5) The demographic characteristics of persons suffering
firearm injuries and person causing the injuries.
(6) The identity of the owner of the firearms involved, and
how the firearms were stored.
(7) Whether the firearms involved were stolen.
(8) Whether and how drugs or alcohol were involved.
(d) Report.--Within 1 year after the date of the enactment of this
Act, the Secretary of the Treasury shall prepare and submit to the
Congress a report recommending how an effective national firearms
injury reporting system could be established, including how to avoid
duplication of effort, and who would administer such a system. | Safe and Responsible Handgun Act of 1996 - Directs: (1) the Secretary of the Treasury to establish guidelines for the establishment by each State of a Handgun Roster Board; and (2) each Board to publish a roster of types of handguns which may be lawfully manufactured, sold, owned, possessed, or used (manufactured) in the State and any terms, conditions, or circumstances under which such handgun types may be manufactured and to transmit a copy of the roster to each licensed dealer in the State who is not prohibited by State law from dealing in handguns.
Sets forth factors to be considered in deciding whether to include a handgun type on the roster, including concealability, safety features, and detectability by standard security equipment used at airports or courthouses.
Requires States to have in effect such laws as necessary to prohibit the manufacture, sale, ownership, possession, and use of: (1) any handgun which is of a type not specified on the roster; and (2) any handgun which is of a type specified on the roster, except under such terms and conditions as the Board may specify.
Sets forth provisions regarding: (1) penalties for the unlawful manufacture, sale, or offer for sale of a handgun; (2) State compliance; and (3) ineligibility of States not in compliance for formula grants under the Omnibus Crime Control and Safe Streets Act of 1968.
Directs the Secretary to establish an Independent Study Group to devise an effective national firearms injury reporting system. | {"src": "billsum_train", "title": "Safe and Responsible Handgun Act of 1996"} | 1,816 | 322 | 0.634026 | 2.032692 | 0.751024 | 4.77027 | 5.594595 | 0.945946 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Temple Mount Preservation Act of
2001''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The Temple Mount, located in the heart of Jerusalem,
Israel, has great religious significance to the world's three
major monotheistic religions, and increasing violence,
religious intolerance, and archeological neglect threaten to
destroy this sacred site.
(2) According to the Jewish faith, the Temple Mount (Har
ha-Bayit in Hebrew) is the location where Abraham was asked to
sacrifice his only son, Isaac, in the ultimate test of his
commitment to God. The Temple Mount was also the site of the
first and second Holy Temples, and it is a basic tenet of
Judaism that it will be the site of the third Holy Temple.
(3) According to Christianity, Jesus was dedicated on the
Temple Mount in the Second Temple in accordance with the Law of
Moses. He referred to the Biblical Temple as his Father's
House, and was tempted by the Devil at the pinnacle of the
Temple Mount.
(4) According to Islam, the Prophet Mohammad ascended into
Heaven riding al-Burak from the edge of the Temple Mount (Haram
al-Shaif in Arabic). Al-Aqsa Mosque is located on the site of
the Prophet's ascent and is the third holiest site in Islam.
The Dome of the Rock was built over the Holiest Rock,
considered in Muslim traditions as the Center or Core of the
Universe.
(5) In June 1967, Jerusalem once again became a united city
under Israel's sovereignty. Since that time, Israel has been
legally responsible for the Temple Mount and has been
respectful of the religious practices of Jews, Christians, and
Muslims with regard to this site.
(6) The Israeli Government elected to delegate the daily
oversight of the Temple Mount to the Temple Mount Waqf
(Religious Council), in tacit cooperation with the Hashemite
Kingdom of Jordan, because of the King's capacity as the
Custodian of Haram al-Sharif. In 1994, Jordan's role as
custodian of Muslim religious interests was codified in the
Israeli-Jordanian Peace Treaty.
(7) In the aftermath of the 1993 Oslo Accords, Yassir
Arafat's Palestinian Authority asserted preeminence on the
Temple Mount through the subversion of the Waqf and by coercing
the Jordan-affiliated officials and clergymen off the Temple
Mount. Arafat personally nominated the virulently anti-Semitic
and anti-American Mufti Ikrima Sabri as the Imam of al-Aqsa
Mosque. In May 1998, Sabri declared that the Jews have no right
to the Temple Mount.
(8) In 1996, the Israeli Islamic Movement sponsored the
expansion of the underground al-Marawani Mosque on the Temple
Mount. The excavation conducted for this expansion extended
beyond the original compound, and an ancient underground
structure dating from the period of the Second Temple (circa
515 B.C. (B.C.E.) to 70 A.D. (C.E.)), known as the Western
Hulda Gate passageway, was converted into a mosque.
(9) In early 1998, the Waqf, controlled by the Palestinian
Authority, began further excavation. A major underground mosque
hall was inaugurated in August 1999 and an emergency exit was
opened to a mosque located on the Temple Mount. The exit is
18,000 square feet in size and up to 36 feet deep, and
thousands of tons of ancient fills from the site were dumped
into the Kidron Valley. Archeologists have subsequently
determined that artifacts dumped into the Kidron Valley from
the Temple Mount dated from the period of the First Temple
(circa 1006 B.C. (B.C.E.) to 586 B.C. (B.C.E.)).
(10) In mid 2000, Arafat deployed onto the Temple Mount
armed and unarmed security personnel of Jibril Rajoub's
Preventive Security Forces in violation of numerous past
agreements with Israel. Rajoub's forces evicted the Waqf's
personnel and consolidated Arafat's control and ability to wage
the Intifadah (``uprising'') against Israel.
(11) In February and March of 2001, an ancient arched
structure built against the Eastern Wall of the Temple Mount
enclosure was razed by bulldozers in order to further enlarge
the emergency gate of the new mosque at the Stables of Solomon.
(12) In early May, Arafat ordered that the underground
halls under the Temple Mount be unified into a single fortified
space that would be both the largest mosque ever built on Haram
al-Sharif and a springboard for the forthcoming Palestinian
struggle for control of the Temple Mount. Given the haste and
unsupervised nature of the ongoing excavation and construction
work, there is great fear that the foundations of the two Holy
Mosques will be severely damaged to the point of collapse.
(13) The actions of Yassir Arafat and the Palestinian
Authority threaten to eliminate all historical evidence of
Jewish activity on the Temple Mount and serve to discredit
Israeli claims of sovereignty over the Temple Mount.
(14) The massive excavation and unsupervised destruction of
artifacts discovered within the Temple Mount are undeniable
affronts to the concepts of religious freedom and tolerance
that must be respected in order to achieve and maintain peace
in the Middle East. The destruction of the Temple Mount, which
threatens to incite more violence, is destroying sacred
artifacts and jeopardizing the ability of Americans to
understand and promote their Judeo-Christian heritage.
SEC. 3. PROHIBITION ON FUNDS FOR PALESTINIAN AUTHORITY AND ITS
INSTRUMENTALITIES.
(a) Prohibition.--Notwithstanding any other provision of law, no
funds appropriated or otherwise made available in any Act of Congress
may be used for any form of assistance to the Palestinian Authority or
any instrumentality of the Palestinian Authority, either directly or
through any nongovernmental organization or other entity, unless the
President has certified to the Congress that no excavation of the
Temple Mount in Israel is being conducted, other than that authorized
by the Israeli Antiquities Authority.
(b) Annual Recertification Required.--Any certification by the
President under subsection (a) shall expire on the last day of the
fiscal year in which it is made.
(c) National Security Waiver.--The President may waive the
prohibition contained in subsection (a) for a fiscal year if the
President certifies in writing to the Congress that such waiver is in
the national security interests of the United States. | Temple Mount Preservation Act of 2001 - Bars the use of appropriated funds for assistance to the Palestinian Authority (or its instrumentalities) unless the President certifies to Congress that no excavation of the Temple Mount in Israel is being conducted, other than that authorized by the Israeli Antiquities Authority. Provides a waiver of such prohibition if it is certified to Congress that it is in the national security interests of the United States. | {"src": "billsum_train", "title": "To prohibit assistance from being provided to the Palestinian Authority or its instrumentalities unless the President certifies that no excavation of the Temple Mount in Israel is being conducted."} | 1,490 | 90 | 0.417986 | 1.239518 | 0.152775 | 4.858974 | 16.602564 | 0.961538 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Home Health Care Access Protection
Act of 2010''.
SEC. 2. PROTECTING ACCESS TO MEDICARE HOME HEALTH SERVICES.
Section 1895(b)(3)(B) of the Social Security Act (42 U.S.C.
1395fff(b)(3)(B)), as amended by section 3401(e) of the Patient
Protection and Affordable Care Act, is amended--
(1) in clause (iv), by striking ``Insofar as'' and
inserting ``Subject to clause (vii), insofar as''; and
(2) by adding at the end the following new clause:
``(vii) Special rules for case mix changes
for 2011 and later.--
``(I) In general.--The adjustment
under clause (iv) shall only be made
for years beginning with 2011 using
standards developed by the Secretary
consistent with the processes described
in subclause (II) taking into account
the criteria described in subclause
(III).
``(II) Processes and criteria for
evaluating changes in case mix.--For
purposes of subclause (I), the
processes described in this subclause
are the following:
``(aa) In developing
standards referred to in such
subclause, the Secretary shall
convene a Technical Advisory
Group consisting of
stakeholders, including
individuals and organizations
representing the interests of
Medicare beneficiaries, the
home health community, health
care academia, and health care
professionals, in equal numbers
from each and limited to
parties without an existing
contractual relationship with
the Secretary, to advise the
Secretary concerning the
establishment of such standards
in order to distinguish between
real changes in case mix and
changes in coding or
classification of different
units of services that do not
reflect real changes in case
mix. The Technical Advisory
Group shall be given the
opportunity to review and
comment on any proposed
rulemaking or final
determination by the Secretary
on such standards prior to such
rulemaking or determination.
``(bb) If the Secretary
engages an outside contractor
to participate in the
evaluation of case mix changes
described in item (aa), the
Secretary shall only utilize a
contractor that has not
previously participated in the
design and establishment of the
case mix adjustment factors
under this subparagraph.
``(cc) If the Secretary
determines that any increase in
case mix relates to changes in
the volume or nature of
services provided to home
health services patients, the
Secretary shall evaluate such
increase through actual review
of claims and services and
shall not use any proxy or
surrogate for determining
whether the change in volume or
nature of services is
reasonable and necessary.
``(dd) The Secretary shall
establish the standards
referred to in item (aa) by
regulation.
``(ee) With respect to
establishment of such
standards, the Secretary shall
make public all data, reports,
and supporting materials,
including any comments by the
Technical Advisory Group
pursuant to item (aa),
regarding the standards at the
time of notice of such
standards.
``(III) Criteria.--The criteria
described in this subclause are the
following:
``(aa) The impact of
changes in the program under
this title that may affect the
characteristics of individuals
receiving home health services.
``(bb) The impact of
changes in the provision of
health care services by
providers of services other
than home health agencies.
``(cc) Distinctions in the
characteristics of individuals
initiating home health services
from the community and
institutional care settings.
``(dd) Whether any changes
in coding resulted in a change
in expenditures overall
annually and disregarding
changes in coding that do not
have an overall expenditure
impact.
``(ee) Any other factors
determined appropriate by the
Secretary in consultation with
the Technical Advisory Group
under subclause (II)(aa).''. | Home Health Care Access Protection Act of 2010 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Patient Protection and Affordable Care Act, with respect to the prospective payment system (PPS) for home health services and adjustments to it for case mix changes.
Requires for years beginning with 2011 that any evaluation of case mix changes and any such adjustment be made using standards developed consistent with specified processes, taking certain criteria into account.
Directs the Secretary to convene a Technical Advisory Group to advise on the development of such standards. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to protect Medicare beneficiaries' access to home health services under the Medicare Program."} | 835 | 122 | 0.553209 | 1.59126 | 0.661794 | 2.722222 | 7.675926 | 0.87037 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Administrative Procedure Reform Act
of 1994''.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds the following:
(1) The cost and burden of regulations have risen to
historic highs.
(2) The number of people writing Federal regulations has
grown dramatically from 106,000 in 1989 to 122,440 in 1992--a
15 percent increase in just 3 years.
(3) The Federal Government currently has 125,000
bureaucrats working on 5,000 regulations promulgated by 59
different Federal agencies.
(4) The 1993 regulatory output of the Federal Government
numbered 69,688 pages of regulations, with the Code of Federal
Regulations taking up 21 feet of shelf space.
(5) The Office of the Federal Register, the publisher of
the journal of Federal agency rule making, now teaches classes
to assist manufacturers in reading new regulations and
proposals.
(6) The total cost of administering the Federal regulatory
apparatus in fiscal year 1993 was $11,300,000,000.
(7) It is estimated that the total cost of regulation of
manufacturing approximated, and in some studies exceeded,
aggregate after-tax manufacturing profits.
(8) The cost of regulatory compliance drains funds for
research, job creation, training, wages, and employment
benefits.
(9) In a February 1993 survey of leading manufacturing
chief executive officers, government mandates, including
regulations, were identified as the government policies which
have done the most to harm United States manufacturing
employment in the past 5 years.
(10) The vast scope, rigid construction, and costly impact
of State and Federal regulatory schemes has created the
perception of a hostile climate for manufacturing.
SEC. 3. RULE MAKING NOTICES FOR MAJOR RULES.
Section 553 of title 5, United States Code, is amended by adding at
the end the following:
``(f)(1)(A) The head of an agency shall publish in the Federal
Register, at least 90 days before the date of publication of general
notice under subsection (b) for a proposed major rule, a notice of
intent to engage in rule making.
``(B) A notice under subparagraph (A) for a proposed major rule
shall include, to the extent possible, the information required to be
included in a Regulatory Impact Analysis for the rule under section
5(c) (1), (2), and (8) of the Administrative Procedure Reform Act of
1994.
``(2) The head of an agency shall include in a general notice under
subsection (b) for a major rule proposed by the agency--
``(A) a final Regulatory Impact Analysis for the rule
prepared in accordance with section 5 of the Administrative
Procedure Reform Act of 1994; and
``(B) clear delineation of all changes in the information
included in the final Regulatory Impact Analysis under section
5(c)(1) and (2) of the Administrative Procedure Reform Act of
1994 from any such information that was included in the notice
for the rule under paragraph (1)(B) of this subsection.
``(3) In this subsection, the term `major rule' has the meaning
given that term in section 5(b) of the Administrative Procedure Reform
Act of 1994.''.
SEC. 4. HEARING REQUIREMENT FOR PROPOSED RULES; EXTENSION OF COMMENT
PERIOD.
(a) Hearing Requirement.--Section 553 of title 5, United States
Code, is further amended--
(1) in subsection (b), in the matter following paragraph
(3), by inserting ``(except subsection (g))'' after ``this
subsection''; and
(2) by adding after subsection (f) (as added by section 3
of this Act) the following:
``(g) If more than 100 interested persons acting individually
submit comments to an agency regarding any rule proposed by the agency,
the agency shall hold a public hearing on the proposed rule.''.
(b) Extension of Comment Period.--Section 553 of title 5, United
States Code, is further amended by adding after subsection (g) (as
added by subsection (a)(2) of this section) the following:
``(h) If during the 30-day period beginning on the date of
publication of notice under subsection (f)(1)(A) for a proposed major
rule, or if during the 30-day period beginning on the date of
publication or service of notice required by subsection (b) for a
proposed rule, more than 100 persons individually contact the agency to
request an extension of the period for making submissions under
subsection (c) pursuant to the notice, the agency--
``(1) shall provide an additional 30-day period for making
those submissions; and
``(2) may not adopt the rule until after that additional
period.''.
(c) Response to Comments.--Section 553(c) of title 5, United States
Code, is amended--
(1) by inserting ``(1)'' after ``(c)''; and
(2) by adding at the end the following:
``(2) The head of an agency shall publish in the Federal Register
with each rule published under section 552(a)(1)(D) of this title,
responses to the substance of all comments received by the agency
regarding the rule.''.
SEC. 5. REGULATORY IMPACT ANALYSIS.
(a) Application of Executive Order as Statutory Requirement.--
Except as otherwise provided in this section, Executive Order 12866
(relating to Federal regulation requirements and regulatory impact
analysis), as in effect on September 30, 1993, shall apply to each
agency in accordance with the provisions of the Order.
(b) Definition of Major Rule in Order.--Notwithstanding section
1(b) of the Order, for purposes of subsection (a) of this section, the
term ``major rule'' means any proposed regulatory action--
(1) which affects more than 100 persons; or
(2) compliance with which will require the expenditure of
more than $1,000,000 by any person which is not a Federal
agency.
(c) Contents of Regulatory Impact Analyses.--In lieu of the
information specified in section 3(d) of the Order, each preliminary
and final Regulatory Impact Analysis required under section 3 of the
Order for a rule shall contain the following:
(1) An explanation of the necessity, appropriateness and
reasonableness of the rule.
(2) A description of the current condition that the rule
will address and how that condition will be affected by the
rule.
(3) A statement that the rule does not conflict with nor
duplicate any other rule, or an explanation of why the conflict
or duplication exists.
(4) A statement of whether the rule is in accord with or in
conflict with any legal precedent.
(5) A statement of the factual, scientific, or technical
basis for the agency's determination that the rule will
accomplish its intended purpose.
(6) A statement that describes and, to the extent
practicable, quantifies the risks to human health or the
environment to be addressed by the rule.
(7) A demonstration that the rule provides the least costly
or least intrusive approach for meeting its intended purpose.
(8) A description of any alternative approaches considered
by the agency or suggested by interested persons and the
reasons for their rejection.
(9) An estimate of the nature and number of persons to be
regulated or affected by the rule.
(10) An estimate of the costs that will be incurred by
persons in complying with the rule.
(11) An evaluation of the costs versus the benefits derived
from the rule, including evaluation of how those benefits
outweigh the cost.
(12) Whether the rule will require onsite inspections.
(13) An estimate of the paperwork burden on persons
regulated or affected by the rule, such as the number of forms,
impact statements, surveys, and other documents required to be
completed by the person under the rule.
(14) Whether persons will be required by the rule to
maintain any records which will be subject to inspection.
(15) Whether persons will be required by the rule to obtain
licenses, permits, or other certifications, and the fees and
fines associated therewith.
(16) Whether persons will be required by the rule to appear
before the agency.
(17) Whether persons will be required by the rule to
disclose information on materials or processes, including trade
secrets.
(18) Whether persons will be required by the rule to report
any particular type of incidents.
(19) Whether persons will be required by the rule to adhere
to design or performance standards.
(20) Whether persons may need to retain or utilize any
lawyer, accountant, engineer, or other professional consultant
in order to comply with the regulations.
(21) An estimate of the costs to the agency for
implementation and enforcement of the regulations.
(22) Whether the agency can be reasonably expected to
implement the rule with the current level of appropriations.
(23) A statement that any person may submit comments on the
Regulatory Impact Analysis to the Administrator of the Office
of Information and Regulatory Affairs.
(d) Definitions.--In this section--
(1) the term ``Order'' means Executive Order 12866, as in
effect on September 30, 1993; and
(2) each of the terms ``agency'', ``regulation'', and
``rule'' has the meaning given that term in section 1 of the
Order.
SEC. 6. ADDITIONAL RESPONSIBILITIES OF DIRECTOR OF THE OFFICE OF
MANAGEMENT AND BUDGET.
An agency may not adopt a major rule unless the final Regulatory
Impact Analysis for the rule is approved in writing by the Director of
the Office of Management and Budget or by an individual designated by
the Director for that purpose.
SEC. 7. STANDARD OF CLARITY.
The head of an agency may not publish in the Federal Register any
proposed major rule, summary of a proposed major rule, or Regulatory
Impact Analysis unless the Director of the Office of Management and
Budget certifies that the proposed major rule, summary, or Analysis--
(1) is written in a reasonably simple and understandable
manner and is easily readable;
(2) is written to provide adequate notice of the content of
the rule, summary, or Analysis to affected persons and
interested persons that have some subject matter expertise;
(3) conforms to commonly accepted principles of grammar;
(4) contains only sentences that are as short as practical
and organized in a sensible manner; and
(5) does not contain any double negatives, confusing cross
references, convoluted phrasing, unreasonably complex language,
or term of art or word with multiple meanings that may be
misinterpreted and is not defined in the rule, summary, or
analysis, respectively.
SEC. 8. REPORT BY OIRA.
The Administrator of the Office of Information and Regulatory
Affairs shall submit a report to the Congress no later than 12 months
after the date of the enactment of this Act containing an analysis of
rule making procedures of Federal agencies and an analysis of the
impact of those rule making procedures on the regulated public and
regulatory process.
SEC. 9. DEFINITIONS.
For purposes of this Act--
(1) except as provided in section 5(d)(2), each of the
terms ``agency'', ``rule'', and ``rule making'' has the meaning
given that term in section 551 of title 5, United States Code;
and
(2) the term ``major rule'' has the meaning given that term
in section 5(b). | Administrative Procedure Reform Act of 1994 - Amends Federal law to require a Federal agency head to publish in the Federal Register a notice of intent to engage in major rulemaking which contains a Regulatory Impact Analysis. Requires a final Regulatory Impact Analysis for any final proposal for a major rule. Specifies the contents of such an Analysis, as well as hearing and comment period requirements.
Defines major rule as any proposed regulatory action: (1) which affects more than 100 persons; or (2) compliance with which will require the expenditure of over $1 million by any person which is not a Federal agency.
Prohibits an agency from adopting a major rule unless its final Regulatory Impact Analysis is approved by the Director of the Office of Management and Budget.
Sets forth a standard of clarity for major rules.
Directs the Administrator of the Office of Information and Regulatory Affairs to report to the Congress an analysis of the rulemaking procedures of Federal agencies and their impact on the regulated public and regulatory process. | {"src": "billsum_train", "title": "Administrative Procedure Reform Act of 1994"} | 2,436 | 217 | 0.472462 | 1.384952 | 0.817665 | 4.159794 | 12.391753 | 0.902062 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Anti-Atrocity Alien Deportation Act
of 2003''.
SEC. 2. INADMISSIBILITY AND DEPORTABILITY OF ALIENS WHO HAVE COMMITTED
ACTS OF TORTURE OR EXTRAJUDICIAL KILLINGS ABROAD.
(a) Inadmissibility.--Section 212(a)(3)(E) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(E)) is amended--
(1) in clause (ii), by striking ``has engaged in conduct
that is defined as genocide for purposes of the International
Convention on the Prevention and Punishment of Genocide is
inadmissible'' and inserting ``ordered, incited, assisted, or
otherwise participated in conduct outside the United States
that would, if committed in the United States or by a United
States national, be genocide, as defined in section 1091(a) of
title 18, United States Code, is inadmissible'';
(2) by adding at the end the following:
``(iii) Commission of acts of torture or
extrajudicial killings.--Any alien who, outside
the United States, has committed, ordered,
incited, assisted, or otherwise participated in
the commission of--
``(I) any act of torture, as
defined in section 2340 of title 18,
United States Code; or
``(II) under color of law of any
foreign nation, any extrajudicial
killing, as defined in section 3(a) of
the Torture Victim Protection Act of
1991 (28 U.S.C. 1350 note);
is inadmissible.''; and
(3) in the subparagraph heading, by striking ``Participants
in nazi persecution or genocide'' and inserting ``Participants
in nazi persecution, genocide, or the commission of any act of
torture or extrajudicial killing''.
(b) Deportability.--Section 237(a)(4)(D) of such Act (8 U.S.C.
1227(a)(4)(D)) is amended--
(1) by striking ``clause (i) or (ii)'' and inserting
``clause (i), (ii), or (iii)''; and
(2) in the subparagraph heading, by striking ``Assisted in
nazi persecution or engaged in genocide'' and inserting
``Participated in nazi persecution, genocide, or the commission
of any act of torture or extrajudicial killing''.
(c) Effective Date.--The amendments made by this section shall
apply to offenses committed before, on, or after the date of the
enactment of this Act.
SEC. 3. INADMISSIBILITY AND DEPORTABILITY OF FOREIGN GOVERNMENT
OFFICIALS WHO HAVE COMMITTED PARTICULARLY SEVERE
VIOLATIONS OF RELIGIOUS FREEDOM.
(a) Ground of Inadmissibility.--Section 212(a)(2)(G) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(2)(G)) is amended to
read as follows:
``(G) Foreign government officials who have
committed particularly severe violations of religious
freedom.--Any alien who, while serving as a foreign
government official, was responsible for or directly
carried out, at any time, particularly severe
violations of religious freedom, as defined in section
3 of the International Religious Freedom Act of 1998
(22 U.S.C. 6402), is inadmissible.''.
(b) Ground of Deportability.--Section 237(a)(4) of the Immigration
and Nationality Act (8 U.S.C. 1227(a)(4)) is amended by adding at the
end the following:
``(E) Participated in the commission of severe
violations of religious freedom.--Any alien described
in section 212(a)(2)(G) is deportable.''.
SEC. 4. WAIVER OF INADMISSIBILITY.
Section 212(d)(3) of the Immigration and Nationality Act (8 U.S.C.
1182(d)(3)) is amended--
(1) in subparagraph (A), by striking ``and 3(E)'' and
inserting ``and clauses (i) and (ii) of paragraph (3)(E)''; and
(2) in subparagraph (B), by striking ``and 3(E)'' and
inserting ``and clauses (i) and (ii) of paragraph (3)(E)''.
SEC. 5. BAR TO GOOD MORAL CHARACTER FOR ALIENS WHO HAVE COMMITTED ACTS
OF TORTURE, EXTRAJUDICIAL KILLINGS, OR SEVERE VIOLATIONS
OF RELIGIOUS FREEDOM.
Section 101(f) of the Immigration and Nationality Act (8 U.S.C.
1101(f)) is amended--
(1) by striking the period at the end of paragraph (8) and
inserting ``; and''; and
(2) by adding at the end the following:
``(9) one who at any time has engaged in conduct described
in section 212(a)(3)(E) (relating to assistance in Nazi
persecution, participation in genocide, or commission of acts
of torture or extrajudicial killings) or 212(a)(2)(G) (relating
to severe violations of religious freedom).''.
SEC. 6. ESTABLISHMENT OF THE OFFICE OF SPECIAL INVESTIGATIONS.
(a) Amendment of the Immigration and Nationality Act.--Section 103
of the Immigration and Nationality Act (8 U.S.C. 1103) is amended by
adding at the end the following:
``(h)(1) The Attorney General shall establish within the Criminal
Division of the Department of Justice an Office of Special
Investigations with the authority to detect and investigate, and, where
appropriate, to take legal action to denaturalize any alien described
in section 212(a)(3)(E).
``(2) The Attorney General shall consult with the Secretary of the
Department of Homeland Security in making determinations concerning the
criminal prosecution or extradition of aliens described in section
212(a)(3)(E).
``(3) In determining the appropriate legal action to take against
an alien described in section 212(a)(3)(E), consideration shall be
given to--
``(A) the availability of criminal prosecution under the
laws of the United States for any conduct that may form the
basis for removal and denaturalization; or
``(B) the availability of extradition of the alien to a
foreign jurisdiction that is prepared to undertake a
prosecution for such conduct.''.
(b) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Department of Justice such sums as may be necessary to
carry out the additional duties established under section
103(h) of the Immigration and Nationality Act (as added by this
Act) in order to ensure that the Office of Special
Investigations fulfills its continuing obligations regarding
Nazi war criminals.
(2) Availability of funds.--Amounts appropriated pursuant
to paragraph (1) are authorized to remain available until
expended.
SEC. 7. REPORT ON IMPLEMENTATION OF THE ACT.
Not later than 180 days after the date of enactment of this Act,
the Attorney General, in consultation with the Secretary of Homeland
Security, shall submit to the Committees on the Judiciary of the Senate
and the House of Representatives a report on implementation of this Act
that includes a description of--
(1) the procedures used to refer matters to the Office of
Special Investigations and other components within the
Department of Justice and the Department of Homeland Security
in a manner consistent with the amendments made by this Act;
(2) the revisions, if any, made to immigration forms to
reflect changes in the Immigration and Nationality Act made by
the amendments contained in this Act; and
(3) the procedures developed, with adequate due process
protection, to obtain sufficient evidence to determine whether
an alien may be inadmissible under the terms of the amendments
made by this Act. | Anti-Atrocity Alien Deportation Act of 2003 - Amends the Immigration and Nationality Act to provide for the inadmissibility and removability of aliens who have committed, ordered, assisted, incited, or otherwise participated in acts of torture (as defined in title 18, United States Code) or extrajudicial killings abroad (as defined in the Torture Victims Protection Act of 1991).Redefines "genocide" for such purposes to cover an alien who has ordered, incited, assisted, or otherwise participated in conduct outside the United States that would, if committed in the United States or by a U.S. national, be genocide (as defined in title 18, United States Code).Redefines "severe violations of religious freedom" with respect to the inadmissibility and removability of a foreign government official to cover an alien who, while serving as a foreign government official, was responsible for or directly carried out at any time severe violations of religious freedom (as defined in the International Religious Freedom Act of 1998). Eliminates the bar to the admission of such person's spouse or children.Prohibits the waiver of inadmissibility and temporary admission of such aliens.Prohibits an alien who has engaged in Nazi persecution, genocide, acts of torture, extrajudicial killings, or severe violations of religious freedom from establishing good moral character under such Act.Directs the Attorney General to: (1) establish within the Criminal Division of the Department of Justice an Office of Special Investigations to investigate and denaturalize an alien who has participated in Nazi persecution, genocide, torture, or extrajudicial killing abroad; and (2) consult with the Secretary of Homeland Security regarding actions to prosecute or extradite such aliens.States that in determining the proper legal action against such an alien, consideration shall be given to the availability of U.S. prosecution or removal to a foreign jurisdiction for prosecution. | {"src": "billsum_train", "title": "To amend the Immigration and Nationality Act to provide that aliens who commit acts of torture, extrajudicial killings, or other specified atrocities abroad are inadmissible and removable and to establish within the Criminal Division of the Department of Justice an Office of Special Investigations having responsibilities under that Act with respect to all alien participants in war crimes, genocide, and the commission of acts of torture and extrajudicial killings abroad."} | 1,855 | 429 | 0.642951 | 2.070069 | 0.782373 | 3.726471 | 4.338235 | 0.902941 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Eunice Kennedy
Shriver Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--REAUTHORIZATION OF SPECIAL OLYMPICS ACT
Sec. 101. Reauthorization.
TITLE II--BEST BUDDIES
Sec. 201. Findings and purpose.
Sec. 202. Assistance for Best Buddies.
Sec. 203. Application and annual report.
Sec. 204. Authorization of appropriations.
TITLE I--REAUTHORIZATION OF SPECIAL OLYMPICS ACT
SEC. 101. REAUTHORIZATION.
Sections 2 through 5 of the Special Olympics Sport and Empowerment
Act of 2004 (42 U.S.C. 15001 note) are amended to read as follows:
``SEC. 2. FINDINGS AND PURPOSE.
``(a) Findings.--Congress finds the following:
``(1) Special Olympics creates the possibilities of a world
where everybody matters, everybody counts, and every person
contributes.
``(2) The Government and the people of the United States
recognize the dignity and value the giftedness of children and
adults with intellectual disabilities.
``(3) The Government and the people of the United States
recognize that children and adults with intellectual
disabilities experience significant health disparities,
including lack of access to primary care services and
difficulties in accessing community-based prevention and
treatment programs for chronic diseases.
``(4) The Government and the people of the United States
are determined to end the isolation and stigmatization of
people with intellectual disabilities, and to ensure that such
people are assured of equal opportunities for community
participation, access to appropriate health care, and inclusive
education, and to experience life in a nondiscriminatory
manner.
``(5) For more than 40 years, Special Olympics has
encouraged skill development, sharing, courage, and confidence
through year-round sports training and athletic competition for
children and adults with intellectual disabilities.
``(6) Special Olympics provides year-round sports training
and competitive opportunities to more than 4,200,000 athletes
with intellectual disabilities in 30 individual and team sports
and plans to expand the benefits of participation through sport
to more than a million additional people with intellectual
disabilities within the United States and worldwide over the
next 5 years.
``(7) Research shows that participation in activities
involving both people with intellectual disabilities and people
without disabilities results in more positive support for
inclusion in society, including in schools.
``(8) Special Olympics has demonstrated its ability to
provide a major positive effect on the quality of life of
people with intellectual disabilities, improving their health
and physical well-being, building their confidence and self-
esteem, and giving them a voice to become active and productive
members of their communities. In the United States, for
example, adults with intellectual disabilities who have
participated in Special Olympics have a 100 percent greater
chance of being employed than adults with intellectual
disabilities who have not.
``(9) In society as a whole, Special Olympics has become a
vehicle and platform for reducing prejudice, improving public
health, promoting inclusion efforts in schools and communities,
and encouraging society to value the contributions of all
members.
``(10) The Government of the United States enthusiastically
supports the Special Olympics movement, recognizes its
importance in improving the lives of people with intellectual
disabilities and their families, and recognizes Special
Olympics as a valued and important component of the global
community.
``(b) Purpose.--The purposes of this Act are to--
``(1) provide support to Special Olympics to increase
athlete participation in, and public awareness about, the
Special Olympics movement, including efforts to promote broader
community inclusion;
``(2) dispel negative stereotypes and establish positive
attitudes about people with intellectual disabilities;
``(3) build community engagement through sport and related
activities; and
``(4) promote the extraordinary gifts and contributions of
people with intellectual disabilities.
``SEC. 3. ASSISTANCE FOR SPECIAL OLYMPICS.
``(a) Education Activities.--The Secretary of Education may award
grants to, or enter into contracts or cooperative agreements with,
Special Olympics to carry out each of the following:
``(1) Activities to promote the expansion of Special
Olympics, including activities to increase the full
participation of people with intellectual disabilities in
athletics, sports and recreation, and other inclusive school
and community activities with people without disabilities.
``(2) The design and implementation of Special Olympics
education programs, including character education and volunteer
programs that support the purposes of this Act, that can be
integrated into classroom instruction and community settings,
and are consistent with academic content standards.
``(b) International Activities.--The Secretary of State, acting
through the Assistant Secretary of State for Educational and Cultural
Affairs, may award grants to, or enter into contracts or cooperative
agreements with, Special Olympics to carry out each of the following:
``(1) Activities to increase the participation of people
with intellectual disabilities in Special Olympics outside of
the United States.
``(2) Activities to improve the awareness outside of the
United States of the abilities of people with intellectual
disabilities and the unique contributions that people with
intellectual disabilities can make to society, and to promote
active support programs for sports programs for people with
intellectual disabilities.
``(c) Healthy Athletes.--
``(1) In general.--The Secretary of Health and Human
Services may award grants to, or enter into contracts or
cooperative agreements with, Special Olympics for the
implementation of on-site health assessments, screening for
health problems, health education, community-based prevention,
data collection, and referrals to direct health care services.
``(2) Coordination.--Activities under paragraph (1) shall
be coordinated with appropriate health care entities, including
private health care providers, entities carrying out local,
State, Federal, or international programs, and the Department
of Health and Human Services, as applicable.
``(d) Limitation.--Amounts appropriated to carry out this section
shall not be used for direct treatment of diseases, medical conditions,
or mental health conditions. Nothing in the preceding sentence shall be
construed to limit the use of non-Federal funds by Special Olympics.
``SEC. 4. APPLICATION AND ANNUAL REPORT.
``(a) Application.--
``(1) In general.--To be eligible for a grant, contract, or
cooperative agreement under subsection (a), (b), or (c) of
section 3, Special Olympics shall submit an application at such
time, in such manner, and containing such information as the
Secretary of Education, Secretary of State, or Secretary of
Health and Human Services, as applicable, may require.
``(2) Content.--At a minimum, an application under this
subsection shall contain each of the following:
``(A) Activities.--A description of activities to
be carried out with the grant, contract, or cooperative
agreement.
``(B) Measurable goals.--A description of specific
measurable annual benchmarks and long-term goals and
objectives to be achieved through specified activities
carried out with the grant, contract, or cooperative
agreement, which specified activities shall include, at
a minimum, each of the following activities:
``(i) Activities to increase the full
participation of people with intellectual
disabilities in athletics, sports and
recreation, and other inclusive school and
community activities with people without
disabilities.
``(ii) Education programs that dispel
negative stereotypes about people with
intellectual disabilities.
``(iii) Activities to increase the
participation of people with intellectual
disabilities in Special Olympics outside of the
United States and promote volunteerism on
behalf of such activities.
``(iv) Health-related activities as
described in section 3(c).
``(b) Annual Report.--
``(1) In general.--As a condition on receipt of any funds
for a program under subsection (a), (b), or (c) of section 3,
Special Olympics shall agree to submit an annual report at such
time, in such manner, and containing such information as the
Secretary of Education, Secretary of State, or Secretary of
Health and Human Services, as applicable, may require.
``(2) Content.--At a minimum, each annual report under this
subsection shall describe--
``(A) the degree to which progress has been made
toward meeting the annual benchmarks and long-term
goals and objectives described in the applications
submitted under subsection (a); and
``(B) demographic data about Special Olympics
participants, including the number of people with
intellectual disabilities served in each program
referred to in paragraph (1).
``SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated--
``(1) for grants, contracts, or cooperative agreements
under section 3(a), $9,500,000 for fiscal year 2014, and such
sums as may be necessary for each of the 4 succeeding fiscal
years;
``(2) for grants, contracts, or cooperative agreements
under section 3(b), $4,500,000 for fiscal year 2014, and such
sums as may be necessary for each of the 4 succeeding fiscal
years; and
``(3) for grants, contracts, or cooperative agreements
under section 3(c), $8,500,000 for fiscal year 2014, and such
sums as may be necessary for each of the 4 succeeding fiscal
years.''.
TITLE II--BEST BUDDIES
SEC. 201. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Best Buddies operates the first national social and
recreational program in the United States for people with
intellectual disabilities.
(2) Best Buddies is dedicated to helping people with
intellectual disabilities become part of mainstream society.
(3) Best Buddies is determined to end social isolation for
people with intellectual disabilities by promoting meaningful
friendships between them and their typical peers in order to
help increase the self-esteem, confidence, and abilities of
people with and without intellectual disabilities.
(4) Since 1989, Best Buddies has enhanced the lives of
people with intellectual disabilities by providing
opportunities for 1-to-1 friendships and integrated employment.
(5) Best Buddies is an international organization spanning
1,500 middle school, high school, and college campuses.
(6) Best Buddies implements programs that will positively
impact more than 700,000 individuals in 2013.
(7) The Best Buddies Middle Schools program matches middle
school students with intellectual disabilities with other
middle school students and supports 1-to-1 friendships between
them.
(8) The Best Buddies High Schools program matches high
school students with intellectual disabilities with other high
school students and supports 1-to-1 friendships between them.
(9) The Best Buddies Colleges program matches adults with
intellectual disabilities with college students and creates 1-
to-1 friendships between them.
(10) The Best Buddies e-Buddies program supports e-mail
friendships between people with and without intellectual
disabilities.
(11) The Best Buddies Citizens program pairs adults with
intellectual disabilities in 1-to-1 friendships with other
people in the corporate and civic communities.
(12) The Best Buddies Jobs program promotes the integration
of people with intellectual disabilities into the community
through supported employment.
(13) The Best Buddies Ambassadors program educates and
empowers people with intellectual disabilities to be leaders
and public speakers in their schools, communities, and
workplaces. Best Buddies Ambassadors prepares people with
intellectual disabilities to become active agents of change.
(14) Best Buddies Promoters empowers youth to become
advocates for people with intellectual disabilities. Students
who take part in Best Buddies Promoters are introduced to the
disability rights movement and the importance of inclusion
through local awareness events.
(b) Purpose.--The purposes of this title are to--
(1) provide support to Best Buddies to increase
participation in and public awareness about Best Buddies
programs that serve people with intellectual disabilities;
(2) dispel negative stereotypes about people with
intellectual disabilities; and
(3) promote the extraordinary contributions of people with
intellectual disabilities.
SEC. 202. ASSISTANCE FOR BEST BUDDIES.
(a) Education Activities.--The Secretary of Education may award
grants to, or enter into contracts or cooperative agreements with, Best
Buddies to carry out activities to promote the expansion of Best
Buddies, including activities to increase the participation of people
with intellectual disabilities in social relationships and other
aspects of community life, including education and employment, within
the United States.
(b) Limitations.--Amounts appropriated to carry out this title may
not be used for direct treatment of diseases, medical conditions, or
mental health conditions.
(c) Rule of Construction.--Nothing in this title shall be construed
to limit the use of non-Federal funds by Best Buddies.
SEC. 203. APPLICATION AND ANNUAL REPORT.
(a) Application.--
(1) In general.--To be eligible for a grant, contract, or
cooperative agreement under section 202(a), Best Buddies shall
submit an application at such time, in such manner, and
containing such information as the Secretary of Education may
require.
(2) Content.--At a minimum, an application under this
subsection shall contain the following:
(A) A description of activities to be carried out
under the grant, contract, or cooperative agreement.
(B) Information on specific measurable goals and
objectives to be achieved through activities carried
out under the grant, contract, or cooperative
agreement.
(b) Annual Report.--
(1) In general.--As a condition of receipt of any funds
under section 202(a), Best Buddies shall agree to submit an
annual report at such time, in such manner, and containing such
information as the Secretary of Education may require.
(2) Content.--At a minimum, each annual report under this
subsection shall describe the degree to which progress has been
made toward meeting the specific measurable goals and
objectives described in the applications submitted under
subsection (a).
SEC. 204. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of
Education for grants, contracts, or cooperative agreements under
section 202(a), $4,000,000 for fiscal year 2014 and such sums as may be
necessary for each of the 4 succeeding fiscal years. | Eunice Kennedy Shriver Act - Reauthorizes the Special Olympics Sport and Empowerment Act of 2004 for FY2014-FY2018. Directs the Secretary of State to act through the Assistant Secretary of State for Educational and Cultural Affairs in awarding grants or entering agreements with Special Olympics for activities outside the United States. Includes community-based prevention among the activities for which the Secretary of Health and Human Services (HHS) may award grants or enter into agreements with Special Olympics. Requires grant or agreement applications to include a description of specific measurable annual benchmarks, as well as long-term goals and objectives, to be achieved through specified activities, which must include: (1) activities to increase the full participation of people with intellectual disabilities in inclusive school and community activities with people without disabilities, (2) education programs that dispel negative stereotypes about people with intellectual disabilities, and (3) activities to increase the participation of people with intellectual disabilities in Special Olympics outside of the United States and to promote volunteerism on behalf of such activities. Requires annual reports by Special Olympics to describe demographic data about Special Olympics participants.Authorizes the Secretary of Education to award grants or enter into contracts or cooperative agreements to promote the expansion of Best Buddies, including activities to increase the participation of people with intellectual disabilities in social relationships and other aspects of community life, including education and employment, within the United States. | {"src": "billsum_train", "title": "Eunice Kennedy Shriver Act"} | 3,048 | 288 | 0.621045 | 1.927697 | 0.815653 | 4.585551 | 11.338403 | 0.942966 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``World War I American Veterans
Centennial Commemorative Coin Act''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--The Congress finds the following:
(1) The year 2017 is the 100th Anniversary of America's
entrance into World War I.
(2) On the 6th of April 1917, the United States of America
entered World War I by declaring war against Germany.
(3) Two million American soldiers served overseas during
World War I.
(4) More than four million men and women from the United
States served in uniform during World War I.
(5) The events of 1914 through 1918 shaped the world and
the lives of millions of people for decades.
(6) Over 9 million soldiers worldwide lost their lives
between 1914 and 1918.
(7) The centennial of America's involvement in World War I
offers an opportunity for people in the United States to
commemorate the commitment of their predecessors.
(8) Frank Buckles, the last American veteran from World War
I died on February 27, 2011.
(9) He was our last direct American link to the ``war to
end all wars''.
(10) While other great conflicts, including the Civil War,
World War II, the Korean War, and the Vietnam War, have all
been memorialized on United States commemorative coins, there
currently exists no coin to honor the brave veterans of World
War I.
(b) Purpose.--The purpose of this Act is to--
(1) commemorate the centennial of America's involvement in
World War I; and
(2) honor the over 4 million men and women from the United
States who served during World War I.
SEC. 3. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue not
more than 350,000 $1 coins in commemoration of the centennial of
America's involvement in World War I, each of which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the centennial of America's
involvement in World War I.
(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 ``2017''; 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 selected by the Secretary based on the winning design from a
juried, compensated design competition described under subsection (c).
(c) Design Competition.--The Secretary shall hold a competition and
provide compensation for its winner to design the obverse and reverse
of the coins minted under this Act. The competition shall be held in
the following manner:
(1) The competition shall be judged by an expert jury
chaired by the Secretary and consisting of 3 members from the
Citizens Coinage Advisory Committee who shall be elected by
such Committee and 3 members from the Commission of Fine Arts
who shall be elected by such Commission.
(2) The Secretary shall determine compensation for the
winning design, which shall be not less than $5,000.
(3) The Secretary may not accept a design for the
competition unless a plaster model accompanies the design.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only one facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Period for Issuance.--The Secretary may issue coins under this
Act only during the calendar year beginning on January 1, 2017.
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 section 7 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.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins issued under this Act shall
include a surcharge of $10 per coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges received by the Secretary from the sale of
coins issued under this Act shall be promptly paid by the Secretary to
the World War I Memorial Foundation.
(c) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of the World War I Memorial Foundation as may be related to the
expenditures of amounts paid under subsection (b).
(d) Limitation.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, as of the time of such issuance, the
issuance of such coin would result in the number of commemorative coin
programs issued during such year to exceed the annual 2 commemorative
coin program issuance limitation under section 5112(m)(1) of title 31,
United States Code. The Secretary may issue guidance to carry out this
subsection. | World War I American Veterans Centennial Commemorative Coin Act - Directs the Secretary of the Treasury to: (1) mint and issue $1 silver coins in commemoration of the centennial of America's involvement in World War I, and (2) hold a competition and provide compensation for its winner to design the obverse and reverse of the coins.
Requires the design of such coins to be emblematic of the centennial of America's involvement in World War I.
Permits the Secretary to issue such coins only during calendar year 2017.
Subjects the coin sales to a surcharge of $10 per coin, payable by the Secretary to the World War I Memorial Foundation. | {"src": "billsum_train", "title": "To require the Secretary of the Treasury to mint coins in commemoration of the centennial of World War I."} | 1,467 | 145 | 0.548999 | 1.428569 | 0.78328 | 4.730159 | 10.642857 | 0.952381 |
SECTION 1. DEFINITIONS.
For purposes of this Act:
(1) The term ``electric vehicle and infrastructure
demonstration'' and ``demonstration'' mean a demonstration
project established pursuant to section 3.
(2) The term ``infrastructure and support systems'', has
the meaning given such term in section 601(7) of the Energy
Policy Act of 1992 (Public Law 102-486).
(3) The term ``electric motor vehicle'' means a motor
vehicle manufactured primarily for use on public streets,
roads, and highways (not including a vehicle operated
exclusively on a rail or rails) which is primarily powered by
an electric motor that draws current from rechargeable storage
batteries, fuel cells, photovoltaic arrays or other sources of
electrical current and may include an electric hybrid vehicle
as that term is defined in section 601(5) of the Energy Policy
Act of 1992 (Public Law 102-486): Provided however, That the
term shall include vehicles designed for low/moderate speed
road use.
(4) The term ``eligible metropolitan area'' means any
Metropolitan Area (as such term is defined by the Office of
Management and Budget pursuant to section 3504 of title 44,
United States Code) with a 1980 population of two hundred and
fifty thousand or more that has been designated by a proposer
and the Secretary for a demonstration project under this Act.
(5) The term ``manufacturer'' means--
(A) an original equipment manufacturer which is
substantially involved in the production of motor
vehicles for sale in the United States;
(B) a person manufacturing in the United States an
electric motor vehicle; or
(C) a person converting a vehicle to use
electricity if after conversion, the original equipment
manufacturer's warranty continues to apply to such
vehicle, pursuant to an agreement between the original
equipment manufacturer and the person performing the
conversion, or the person performing the conversion
provides a warranty for the vehicle equivalent to the
warranty of the original equipment manufacturer.
(6) The term ``person'' means--
(A) an individual possessing United States
citizenship;
(B) a corporation incorporated under the laws of a
State; or
(C) a joint venture or partnership organized under
the laws of a State, each participant of which is an
individual or corporation described in subparagraph (A)
or (B).
(7) The term ``non-Federal person'' has the meaning given
such term in section 601(9) of the Energy Policy Act of 1992
(Public Law 102-486).
(8) The term ``Secretary'' means the Secretary of Defense.
SEC. 2. ELECTRIC VEHICLE PROGRAM.
(a) Establishment of Program.--The Secretary shall carry out a
program to demonstrate, for military and civilian use, electric motor
vehicles and associated infrastructure and support systems for such
vehicles in one or more eligible metropolitan areas. Such
demonstrations shall be designed to demonstrate----
(1) the performance of electric motor vehicles in field
operations, including fleet operations;
(2) the infrastructure necessary to support the operation
and maintenance of a wide range of types of electric motor
vehicles; or
(3) both such vehicles and the associated infrastructure
and support systems.
(b) Location of Demonstrations.--Subject to the special
considerations specified in section 4(b), the demonstrations shall be
geographically dispersed in eligible metropolitan areas of the United
States.
(c) Oversight and Coordination.--The Secretary shall assign
oversight and coordination of the demonstration program authorized by
this Act to the Advanced Research Projects Agency.
(d) Term of Demonstration.--A demonstration established under this
section may receive financial assistance from the Secretary for not
more than four years. A single demonstration may not receive more than
25 per centum of the funds appropriated pursuant to the authorization
of appropriations contained in section 5.
SEC. 3. APPLICATIONS.
(a) Solicitation.--Not later than May 1, 1994, the Secretary shall
request proposals for electric vehicle and infrastructure
demonstrations, and such proposals are to be submitted to the Secretary
by no later than September 1, 1994.
(b) Content of Proposal.--A proposal submitted under subsection (a)
shall contain such information as the Secretary may require, including
a description of--
(1) the person or non-Federal person submitting the
proposal and the qualifications and capabilities of such
proposer, directly or indirectly, to insure that electric motor
vehicles, if any, included in the demonstration are serviced
and maintained in order for such vehicles to operate as
proposed for the duration of the demonstration;
(2) manufacturers of the electric motor vehicles to be
involved with the demonstration;
(3) the proposed users;
(4) the type of infrastructure and support systems
development to be undertaken and demonstrated;
(5) the number of electric motor vehicles, which shall be
no fewer than fifty, to be demonstrated and their type,
characteristics, and costs; and
(6) the eligible metropolitan area where the demonstration
is to be conducted.
(c) Cost Share.--To be eligible for selection, the person or non-
Federal person submitting a proposal shall agree to make non-Federal
contributions, directly or indirectly, equal to at least 50 per centum
of the costs associated with the demonstration: Provided, That the
proposer shall seek no greater than $10,000 per vehicle cost share from
the Secretary except that such cost-share limitation is not applicable
in that instance where the gross vehicle weight rating of the electric
motor vehicle exceeds eight thousand five hundred pounds: Provided
further, That such cost-share requirement shall be no greater than 20
per centum of the cost associated with that portion of any
demonstration that includes research and development, as described in
section 4(b)(5).
SEC. 4. SELECTION OF PROPOSALS.
(a) Selection.--Not later than December 1, 1994, the Secretary
shall select at least one, but not more than ten, proposals submitted
under section 3 to receive financial assistance under this Act. The
proposals shall be selected by the Secretary on a competitive basis
after consulting with the Secretary of Energy, the Secretary of
Transportation, the Secretary of Commerce, and the Administrator of the
Environmental Protection Agency.
(b) Special Considerations.--In selecting demonstrations to be
established, the Secretary shall give special consideration to
proposals that--
(1) include the participation of providers of electricity;
(2) include the participation of State or local governments
or other governmental entities;
(3) provide for infrastructure and support systems
development during fiscal years 1994 through 1997 to support
electric motor vehicles, if any, to be included in such
demonstrations and that permit for the continued development
and application on a nationwide basis of such infrastructure
and support systems;
(4) provide for the demonstration of more than fifty
electric motor vehicles during fiscal years 1994 through 1997;
and
(5) would be located in areas that are likely to suffer
economic hardship as a result of reductions in defense spending
or the closure of one or more military installations and are in
need of redirecting and retraining defense, aerospace and land
systems industry workers;
(6) would utilize aerospace, land systems and defense
technology bases as well as the technical expertise of the
aerospace, land systems and defense industry and personnel of
the Department of Defense; or
(7) would support the further research and development, a
part of the demonstration, of electrical storage devices, power
generation devices, light weight or composite materials, or
systems control devices for application with electric motor
vehicles to be used for military applications as well as
civilian applications.
(c) Other Considerations.--The Secretary shall also consider--
(1) the adaptability and suitability to a wide range and
variety of electric motor vehicles of the related
infrastructure, goods, materials or manufactured products,
know-how or support services intended to support the operation
and maintenance of electric motor vehicles proposed to be
included in the demonstration;
(2) the ability of the manufacturer, directly, indirectly,
or in combination with the person submitting the proposal, for
a period of no less than four years after the demonstration has
commenced, to develop, assist in the demonstration of,
manufacture, distribute, sell, service, and ensure the
continued availability of parts for electric motor vehicles
that are proposed to be included in the demonstration; and
(3) other criteria as the Secretary considers appropriate.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act for
fiscal year 1994 $90,000,000, to remain available until expended. | Requires the Secretary of Defense to carry out a program to demonstrate, for military and civilian use, electric motor vehicles and support systems in one or more geographically dispersed metropolitan areas. Allows financial assistance from the Secretary under the program for up to four years. Outlines provisions concerning program application and selection procedures.
Authorizes appropriations. | {"src": "billsum_train", "title": "To establish a program in the Department of Defense to promote and demonstrate electric vehicle and infrastructure development for military and civilian use."} | 1,793 | 75 | 0.433884 | 1.060664 | 0.254329 | 4.095238 | 28.142857 | 0.857143 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Car Rebate Act of 2009''.
SEC. 2. CONSUMER REBATE FOR PURCHASES OF CERTAIN NEW PASSENGER MOTOR
VEHICLES.
(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 36 the following new section:
``SEC. 36A. CONSUMER REBATE FOR PURCHASES OF CERTAIN NEW PASSENGER
MOTOR VEHICLES.
``(a) In General.--There shall be allowed as a credit against the
tax imposed by this chapter for the taxable year the applicable amount
for each qualified vehicle placed in service by the taxpayer in the
taxable year.
``(b) Applicable Amount.--For purposes of subsection (a)--
``(1) 2009.--In the case of a taxable year beginning in
2009, the applicable amount shall be determined in accordance
with the following table:
``If miles per gallon rating for The applicable amount is:
the qualified vehicle for
2009 is:
Less than 28 mpg................................... $0
28 mpg or more but not more than 29 mpg........... $1,000
More than 29 mpg but not more than 30 mpg.......... $1,500
More than 30 mpg but not more than 32 mpg.......... $2,000
More than 32 mpg................................... $2,500.
``(2) 2010.--In the case of a taxable year beginning in
2010, the applicable amount shall be determined in accordance
with the following table:
``If miles per gallon rating for The applicable amount is:
the qualified vehicle for
2010 is:
Less than 30 mpg................................... 0
30 mpg or more but not more than 31 mpg........... $1,000
More than 31 mpg but not more than 34 mpg.......... $1,500
More than 34 mpg................................... $2,500.
``(3) After 2010.--For taxable years beginning after
December 31, 2010, the Secretary, in consultation with the
Environmental Protection Agency, shall prescribe tables under
which the applicable amount is determined in accordance with
the following:
``(A) The applicable amount shall be determined in
such a manner as to create substantial consumer demand
by 2015 for new passenger motor vehicles with fuel
economy that meets or exceeds the requirements of
corporate average fuel economy for passenger
automobiles pursuant to section 32902 of title 49,
United States Code, otherwise required of manufacturers
by 2020.
``(B) The aggregate amount of revenue foregone to
the United States Treasury for any calendar year by
reason of the credit allowable under this section for
taxable years beginning in such calendar year does not
exceed the sum of--
``(i) the aggregate amount of such revenue
foregone under this section for taxable years
beginning in calendar year 2009, plus
``(ii) 10 percent of the amount determined
under clause (i).
``(c) Qualified Vehicle.--For purposes of this section, the term
`qualified vehicle' means a motor vehicle--
``(1) which is subject to average fuel economy standards
pursuant to section 32902 of title 49, United States Code, for
passenger automobiles,
``(2) the original use of which commences with the
taxpayer,
``(3) which is acquired for use or lease by the taxpayer
and not for resale, and
``(4) which is made by a manufacturer.
``(d) Other Definitions and Special Rules.--
``(1) Miles per gallon rating.--The term `miles per gallon
rating' means the combined fuel economy estimates provided by
the Environmental Protection Agency.
``(2) Motor vehicle.--The term `motor vehicle' has the
meaning given such term by section 30(c)(2).
``(3) Coordination with advance payments of credit.--With
respect to any taxable year, the amount which would (but for
this paragraph) be allowed as a credit to the taxpayer under
subsection (a) with respect to any qualified vehicle shall be
reduced (but not below zero) by the aggregate amount paid to
such taxpayer under section 6431 with respect to such vehicle.
``(4) Reduction in basis.--For purposes of this subtitle,
the basis of any property for which a credit is allowable under
subsection (a) shall be reduced by the amount of such credit so
allowed.
``(5) No double benefit.--
``(A) In general.--Except as provided by
subparagraph (B), the amount of any deduction or other
credit allowable under this chapter for a qualified
vehicle shall be reduced by the amount of credit
allowed under subsection (a) for such vehicle for the
taxable year.
``(B) Coordination with sections 30b and 30d.--
Subparagraph (A) shall not apply to with respect to the
credit allowed under section 30B or 30D and the credit
allowed under subsection (a) with respect to a
qualified vehicle shall be in addition to any credit
allowed under section 30B or 30D with respect such
vehicle.
``(6) Property used by tax-exempt entity.--In the case of a
vehicle the use of which is described in paragraph (3) or (4)
of section 50(b) and which is not subject to a lease, the
person who sold such vehicle to the person or entity using such
vehicle shall be treated as the taxpayer that placed such
vehicle in service, but only if such person clearly discloses
to such person or entity in a document the amount of any credit
allowable under subsection (a) with respect to such vehicle
(determined without regard to subsection (b)(2)).
``(7) Property used outside united states, etc, not
qualified.--No credit shall be allowable under subsection (a)
with respect to any property referred to in section 50(b)(1) or
with respect to the portion of the cost of any property taken
into account under section 179.
``(8) Recapture.--The Secretary shall, by regulations,
provide for recapturing the benefit of any credit allowable
under subsection (a) with respect to any property which ceases
to be property eligible for such credit (including recapture in
the case of a lease period of less than the economic life of a
vehicle).
``(9) Election to not take credit.--No credit shall be
allowed under subsection (a) for any vehicle if the taxpayer
elects not to have this section apply to such vehicle.
``(10) Interaction with air quality and motor vehicle
safety standards.--Unless otherwise provided in this section, a
motor vehicle shall not be considered eligible for a credit
under this section unless such vehicle is in compliance with--
``(A) the applicable provisions of the Clean Air
Act for the applicable make and model year of the
vehicle (or applicable air quality provisions of State
law in the case of a State which has adopted such
provision under a waiver under section 209(b) of the
Clean Air Act), and
``(B) the motor vehicle safety provisions of
sections 30101 through 30169 of title 49, United States
Code.
``(e) Termination.--This section shall not apply with respect to
any property purchased after December 31, 2014.''.
(b) Advance Payment of Credit.--Subchapter B of chapter 65 of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new section:
``SEC. 6431. CONSUMER REBATE FOR PURCHASES OF CERTAIN NEW PASSENGER
MOTOR VEHICLES.
``(a) General Rule.--Not later than 3 months after the date of the
enactment of this section, the Secretary shall establish a program for
making payments to certified individuals of the applicable amount with
respect to a qualified vehicle.
``(b) Certified Individual.--For purposes of this section, the term
`certified individual' means any individual for whom a qualified
passenger motor vehicle eligibility certificate is in effect.
``(c) Qualified Passenger Motor Vehicle Eligibility Certificate.--
For purposes of this section, the term `qualified passenger motor
vehicle eligibility certificate' means any written statement that an
individual is entitled to a credit under section 36A if such statement
provides such information as the Secretary may require for purposes of
this section.
``(d) Timing of Payments.--The Secretary shall, subject to the
provisions of this title, refund or credit any overpayment attributable
to this section as rapidly as possible.
``(e) Regulations.--The Secretary may issue such regulations or
other guidance as may be necessary or appropriate to carry out this
section, including the requirement to report information or the
establishment of other methods for verifying the correct amounts of
payments and credits under section 36A.''.
(c) Administrative Amendments.--
(1) Definition of deficiency.--Section 6211(b)(4)(A) of the
Internal Revenue Code of 1986 is amended by inserting ``36A,''
after ``36,''.
(2) Mathematical or clerical error authority.--Section
6213(g)(2) of such Code is amended by striking ``and'' at the
end of subparagraph (L), by striking the period at the end of
subparagraph (M) and inserting ``, and'', and by inserting
after subparagraph (M) the following new subparagraph:
``(N) an omission of information required pursuant
to section 36431(e) (relating to consumer rebate for
purchases of certain new passenger motor vehicles).''.
(d) Conforming and Clerical Amendments.--
(1) Section 1324(b)(2) of title 31, United States Code, is
amended by inserting ``36A,'' after ``36,''.
(2) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
is amended by inserting after the item relating to section 36
the following new item:
``Sec. 36A. Consumer rebate for purchases of certain new passenger
motor vehicles.''.
(3) The table of sections for subchapter B of chapter 65 of
such Code is amended by adding at the end the following new
item:
``Sec. 6431. Consumer rebate for purchases of certain new passenger
motor vehicles.''.
(e) Effective Date.--The amendments made by this section shall
apply to property placed in service in taxable years beginning after
December 31, 2008. | Clean Car Rebate Act of 2009 - Amends the Internal Revenue Code to allow a refundable tax credit for the purchase of new fuel-efficient passenger motor vehicles. Allows a $1,000 tax credit for vehicles purchased in 2009 that achieve a mile per gallon (mpg) rating of 28, and increases such credit amount to $2,500 for an mpg rating of more than 32. Increases required mpg ratings in 2010 and directs the Secretary of the Treasury, in consultation with the Administrator of the Environmental Protection Agency (EPA), to prescribe mpg ratings for such credit for taxable years beginning after 2010 to achieve specified fuel economy goals by 2015. Terminates such credit after December 31, 2014.
Directs the Secretary to establish a program for making advance payments of credit amounts to individuals who purchase vehicles that meet the mpg ratings established by this Act. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide for consumer rebates for purchases of certain new passenger motor vehicles."} | 2,326 | 179 | 0.556805 | 1.413741 | 0.697452 | 1.925 | 13.1625 | 0.85 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Employees' Pension Security Act of
2008''.
TITLE I--TRUSTEESHIP OF SINGLE-EMPLOYER PLANS
SEC. 101. REQUIREMENTS RELATING TO TRUSTEESHIP OF SINGLE-EMPLOYER
PLANS.
(a) In General.--Section 403(a) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1103(a)) is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(2) by inserting ``(1)'' after ``(a)''; and
(3) by adding at the end the following new paragraph:
``(2)(A) The assets of a pension plan which is a single-employer
plan shall be held in trust by a joint board of trustees, which shall
consist of two or more trustees representing on an equal basis the
interests of the employer or employers maintaining the plan and the
interests of the participants and their beneficiaries.
``(B)(i) Except as provided in clause (ii), in any case in which
the plan is maintained pursuant to one or more collective bargaining
agreements between one or more employee organizations and one or more
employers, the trustees representing the interests of the participants
and their beneficiaries pursuant to subparagraph (A) shall be
designated by such employee organizations.
``(ii) Clause (i) shall not apply with respect to a plan described
in such clause if the employee organization (or all employee
organizations, if more than one) referred to in such clause file with
the Secretary, in such form and manner as shall be prescribed in
regulations of the Secretary, a written waiver of their rights under
clause (i).
``(iii) In any case in which clause (i) does not apply with respect
to a pension plan which is a single-employer plan because the plan is
not described in clause (i) or because of a waiver filed pursuant to
clause (ii), the trustee or trustees representing the interests of the
participants and their beneficiaries shall consist of one or more
participants under the plan elected to serve as such in accordance with
this clause. The Secretary shall provide by regulation for a secret
ballot of the participants under the plan for purposes of such
election, and for certification of the results thereof to the
participants (and any employee organization referred to in clause (ii))
and to the employer.''.
(b) Conforming Amendments.--Section 403(a)(1) of such Act (as
redesignated under subsection (a)) is amended--
(1) by striking ``Such trustee or trustees'' and inserting
``Except as provided in paragraph (2), such trustee or
trustees'';
(2) by striking ``fiduciary, and upon acceptance'' and
inserting ``fiduciary. Upon acceptance''; and
(3) in subparagraph (A) (as so redesignated), by striking
``the plan'' the first place it appears and inserting ``in the
case of a plan other than a pension plan which is a single-
employer plan, the plan''.
SEC. 102. EFFECTIVE DATE.
The amendments made by this title shall apply with respect to plan
years beginning after 180 days after the date of the enactment of this
Act. The Secretary of Labor shall prescribe the initial regulations
necessary to carry out the provisions of such amendments not later than
90 days after the date of the enactment of this Act.
TITLE II--INVESTMENT INFORMATION
SEC. 201. PROVISION TO PARTICIPANTS AND BENEFICIARIES OF MATERIAL
INVESTMENT INFORMATION IN ACCURATE FORM.
(a) In General.--Section 404(c) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1104(c)) is amended by adding at the
end the following new paragraph:
``(6) Provision of accurate material investment advice.--
The plan sponsor and plan administrator of a pension plan
described in paragraph (1) shall have a fiduciary duty to
ensure that each participant and beneficiary under the plan, in
connection with the investment by the participant or
beneficiary of plan assets in the exercise of his or her
control over assets in his account, is provided with all
material investment information regarding investment of such
assets to the extent that the provision of such information is
generally required to be disclosed by the plan sponsor to
investors in connection with such an investment under
applicable securities laws. The provision by the plan sponsor
or plan administrator of any misleading investment information
shall be treated as a violation of this paragraph.''.
(b) Enforcement.--
(1) In general.--Section 502(c) of such Act (29 U.S.C.
1132(c)) is amended--
(A) by redesignating paragraph (9) as paragraph
(10); and
(B) by inserting after paragraph (8) the following
new paragraph:
``(9) The Secretary may assess a civil penalty against any person
of up to $1,000 a day from the date of the person's failure or refusal
to comply with the requirements of section 404(c)(6) until such failure
or refusal is corrected.''.
(2) Conforming amendment.--Section 502(a)(6) of such Act
(29 U.S.C. 1132(a)(6)) is amended by striking ``(7), or (8)''
and inserting ``(7), (8), or (9)''.
SEC. 202. EFFECTIVE DATE OF TITLE.
The amendments made by this title shall apply with respect to
investments made on or after the date of the enactment of this Act.
TITLE III--STRENGTHENED PROTECTIONS AGAINST ABUSE OF THE BANKRUPTCY AND
TERMINATION PROCESS
SEC. 301. ADDITIONAL REQUIREMENTS FOR TERMINATION.
(a) Additional Requirements for Distress Termination.--Section
4041(c)(2) of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1341(c)(2)) is amended by adding at the end the following:
``(E) Additional requirements.--Notwithstanding any
other provision of this section, unless the corporation
or the court, in the case of a distress termination
pursuant to subparagraph (B)(ii), has determined that
reasonable efforts to consider available alternatives
to termination (including, but not limited to,
alternatives described in section 4042(c)(4)) have been
undertaken by such person (and, in the case of a plan
maintained pursuant to a collective bargaining
agreement, have been undertaken by the bargaining
parties in good faith bargaining), the plan may not be
terminated. A participant or beneficiary of the plan or
an employee organization representing such participants
or beneficiaries may bring an action in the appropriate
court to challenge such determination by the
corporation and seek equitable relief or must be
afforded an opportunity to be heard by the appropriate
court if a court is making such determination.''.
(b) Additional Requirements for Court Decrees.--Section 4042(c)(1)
of such Act (29 U.S.C. 1342(c)(1)) is amended--
(1) by inserting after the first sentence the following new
sentences: ``The court may not enter such a decree unless that
court has found that reasonable efforts to consider available
alternatives to termination (including, but not limited to,
alternatives described in paragraph (4) have been undertaken by
the plan sponsor (and, in the case of a plan maintained
pursuant to a collective bargaining agreement, have been
undertaken by the bargaining parties in good faith bargaining).
There is a presumption that a plan need not be terminated if
the plan sponsor can continue in business, outside a case under
title 11, United States Code (or under any similar law of a
State or a political subdivision of a State) in which
reorganization is sought, without terminating the plan.''; and
(2) in the sentence following the sentences inserted by
paragraph (1), by striking ``the preceding sentence'' and
inserting ``the first sentence of this paragraph,''.
(c) Right To Intervene To Challenge Court Decree.--Section 4042(c)
of such Act (as amended by subsection (b)) is further amended by
inserting after the fourth sentence the following new sentence: ``If
any party consisting of the plan sponsor, a plan participant, or (in
the case of a plan maintained pursuant to a collective bargaining
agreement) the employee organization representing plan participants for
purposes of collective bargaining disagrees with any such determination
by the corporation, such party may intervene in the proceeding to
challenge the determinations of the corporation.''.
(d) Consideration of Alternatives by Corporation and Plan
Sponsor.--Section 4042(c) of such Act (as amended by the preceding
provisions of this section) is further amended by adding after the
seventh sentence the following: ``The corporation and the plan
administrator may proceed with such an agreement only if they have made
reasonable efforts to consider available alternatives to termination
(including, but not limited to, alternatives described in paragraph (4)
of this subsection) and the plan participants and beneficiaries have
been provided with at least 60 days notice before such agreement is
given effect. During such 60-day period, a participant or beneficiary
of the plan or an employee organization representing such participants
or beneficiaries may bring an action in the appropriate court to seek
appropriate equitable relief if such reasonable efforts have not been
made.''.
(e) Efforts by the Corporation at Consultation With Parties.--
Section 4042(c) of such Act is amended by adding at the end the
following new paragraph:
``(4) Consultation regarding reasonable available
alternatives to termination.--
``(A) In general.--Prior to making any
determination referred to in the preceding provisions
of this subsection, the corporation shall consult with
the plan participants and (in the case of a plan
maintained pursuant to a collective bargaining
agreement) the employee organization representing plan
participants for purposes of collective bargaining to
determine whether there are any reasonable available
alternatives to termination (including, but not limited
to, alternatives described subparagraph (B).
``(B) Reasonable alternatives to termination.--The
reasonable alternatives to termination referred to in
subparagraph (A) consist of measures which are in the
best interest of plan participants and which include
(but are not limited to) the following:
``(i) Financing or loans sought by any
member of the plan sponsor's controlled group,
with or without assistance from the
corporation, in order to obtain plan financing,
including back-up guarantees to any such
financing which the corporation is hereby
authorized to provide for such purpose.
``(ii) New plan structures agreed to by the
parties, such as transfer of plan liabilities
to multiemployer plans, new benefit formulas
for new hires or non-vested participants, or
other plan restructuring alternatives agreed to
by the parties.
``(iii) Reinsurance which the corporation
is hereby authorized to obtain for the plan.
``(iv) An agreement by the parties
authorizing alternative funding schedules,
approved by the corporation, which would modify
plan funding, subject to the minimum funding
requirements for the plan under part 3 of
subtitle B of title I.
``(v) Purchase by the plan sponsor of an
annuity contract to cover liabilities of the
plan, which the corporation is hereby
authorized to guarantee as necessary to secure
such a contract.''.
(f) Notice of Right To Challenge Determinations Relating to Plan
Termination.--
(1) Procedure for standard terminations.--Section
4041(b)(2)(B) of such Act (29 U.S.C. 1341(b)(2)(B)) is amended
in clause (i) by striking ``and'' at the end, in clause (ii)(V)
by striking ``require.'' and inserting ``require, and'', and by
inserting after clause (ii) the following new clause:
``(iii) the right of participants and
beneficiaries to challenge determinations under
this section.''.
(2) Termination proceedings for distress terminations and
terminations commenced by the pbgc.--Section 4042(a) of such
Act (29 U.S.C. 1342(a)) is amended by adding at the end the
following new sentence: ``Prior to commencing proceedings under
this section with respect to any plan, the corporation shall
provide notice to plan participants and beneficiaries of the
right to challenge determinations under this section, written
in a manner likely to be understood by the participant or
beneficiary.''.
SEC. 302. EFFECTIVE DATE OF TITLE.
The amendments made by this title shall apply with respect to any
plans undergoing termination proceedings pursuant to section 4041 or
4042 of the Employee Retirement Income Security Act of 1974 which are
pending on or after the date of the enactment of this Act.
TITLE IV--RECOVERY OF BENEFIT LIABILITIES WHICH ARE NOT GUARANTEED
SEC. 401. AMENDMENT TO TITLE 11 OF THE UNITED STATES CODE.
Section 507(a)(1) of title 11, United States Code, is amended by
adding at the end the following:
``(D) Subject to subparagraphs (A), (B), and (C),
allowed unsecured claims for benefit liabilities to
participants and beneficiaries under a single-employer
plan (as defined in section 4001(a)(15) of the Employee
Retirement Income Security Act of 1974) in connection
with the termination of the plan, in excess of the
benefits payable to the participants and beneficiaries
by the Pension Benefit Guaranty Corporation under
section 4022 of the Employee Retirement Income Security
Act of 1974 in connection with such termination.''.
SEC. 402. EFFECTIVE DATE; APPLICATION OF AMENDMENT.
(a) Effective Date.--Except as provided in subsection (b), section
401 and the amendment made by such section shall take effect on the
date of the enactment of this Act.
(b) Application of Amendment.--The amendment made by section 401
shall not apply with respect to cases commenced under title 11 of the
United States Code before the date of the enactment of this Act. | Employees Pension Security Act of 2008 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to require assets of single-employer pension plans to be held in trust by joint boards of trustees.
Requires plan sponsors and administrators to provide all material investment information in an accurate form to participants and beneficiaries. Authorizes the Secretary to assess civil penalties for violations of certain information requirements.
Sets forth additional requirements for plan termination, to prevent abuse of the bankruptcy and termination process, including requirements relating to: (1) distress termination; (2) bankruptcy court decrees, and the right to intervene to challenge them; (3) consideration of alternatives by the Pension Benefit Guaranty Corporation (PBGC) and the plan sponsor; (4) PBGC efforts at consulting on alternatives with plan participants and their union representatives; and (5) notice of the right to challenge determinations relating to plan termination.
Amends federal bankruptcy law to include, in a priority order for recovery of expenses and claims, allowed unsecured claims for benefit liabilities to participants and beneficiaries under a single-employer plan in connection with the plan termination, in excess of the benefits payable to them by the PBGC in connection with such termination. | {"src": "billsum_train", "title": "To amend the Employee Retirement Income Security Act of 1974 and title 11, United State Code, to provide necessary reforms for employee pension benefit plans."} | 3,242 | 257 | 0.49027 | 1.405406 | 0.729156 | 2.913793 | 12.202586 | 0.87931 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Elder Abuse Victims Act of 2016''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the terms ``abuse'', ``elder'', ``elder justice'',
``exploitation'', and ``neglect'' have the meanings given those
terms in section 2011 of the Social Security Act (42 U.S.C.
1397j);
(2) the term ``elder abuse'' includes neglect and
exploitation;
(3) the term ``Director'' means the Director of the Office
appointed under section 3(b);
(4) the term ``Office'' means the Office of Elder Justice
established under section 3(a);
(5) the term ``State'' means each of the several States of
the United States, the District of Columbia, the Commonwealth
of Puerto Rico, and any other territory of possession of the
United States; and
(6) the term ``task force'' means a multidisciplinary task
force on elder justice established or designated under section
5(c)(1).
SEC. 3. OFFICE OF ELDER JUSTICE.
(a) In General.--There is established within the Department of
Justice an office to be known as the Office of Elder Justice, which
shall address issues relating to elder abuse.
(b) Director.--The Office shall be headed by a Director who shall--
(1) be appointed by the President, by and with the advice
and consent of the Senate, from among individuals with
experience and expertise in elder abuse; and
(2) serve as counsel to the Attorney General on elder
justice and elder abuse.
(c) Responsibilities.--The Director shall--
(1) create, compile, evaluate, and disseminate materials
and information, and provide the necessary training and
technical assistance, to assist States and units of local
government in--
(A) investigating, prosecuting, pursuing,
preventing, understanding, and mitigating the impact
of--
(i) physical, sexual, and psychological
abuse of elders;
(ii) exploitation of elders, including
financial abuse and scams targeting elders; and
(iii) neglect of elders; and
(B) assessing, addressing, and mitigating the
physical and psychological trauma to victims of elder
abuse;
(2) collect data and perform an evidence-based evaluation
to--
(A) assure the efficacy of measures and methods
intended to prevent, detect, respond to, or redress
elder abuse; and
(B) evaluate the number of victims of elder abuse
in each State and the extent to which the needs of the
victims are served by crime victim services, programs,
and sources of funding;
(3) publish a report, on an annual basis, that describes
the results of the evaluations conducted under paragraphs (1)
and (2), and submit the report to each Federal agency, each
State, and the Committee on the Judiciary and the Special
Committee on Aging of the Senate and the Committee on the
Judiciary of the House of Representatives;
(4) evaluate training models to determine best practices,
create replication guides, create training materials for law
enforcement officers, prosecutors, judges, emergency
responders, individuals working in victim services, adult
protective services, social services, and public safety,
medical personnel, mental health personnel, financial services
personnel, and any other individuals whose work may bring them
in contact with elder abuse regarding how to--
(A) conduct investigations in elder abuse cases;
(B) address evidentiary issues and other legal
issues; and
(C) appropriately assess, respond to, and interact
with victims and witnesses in elder abuse cases,
including in administrative, civil, and criminal
judicial proceedings;
(5) conduct, and update on a regular basis, a study of laws
and practices relating to elder abuse, including--
(A) a comprehensive description of State laws and
practices;
(B) an analysis of the effectiveness of State laws
and practices, including--
(i) whether the State laws are enforced;
and
(ii) if enforced--
(I) how the State laws are
enforced; and
(II) how enforcement of the State
laws has effected elder abuse within
the State;
(C) a review of State definitions of the terms
``abuse'', ``neglect'', and ``exploitation'' in the
context of elder abuse cases;
(D) a review of State laws that mandate reporting
of elder abuse, including adult protective services
laws, laws that require the reporting of nursing home
deaths or suspicious deaths of elders to coroners or
medical examiners, and other pertinent reporting laws,
that analyzes--
(i) the impact and efficacy of the State
laws;
(ii) whether the State laws are enforced;
(iii) the levels of compliance with the
State laws; and
(iv) the response to, and actions taken as
a result of, reports made under the State laws;
(E) a review of State evidentiary, procedural,
sentencing, choice of remedies, and data retention
issues relating to elder abuse;
(F) a review of State fiduciary laws, including
laws relating to guardianship, conservatorship, and
power of attorney;
(G) a review of State laws that permit or encourage
employees of depository institutions (as defined in
section 3(c)(1) of the Federal Deposit Insurance Act
(12 U.S.C. 1813(c)(1)) and State credit unions (as
defined in section 101 of the Federal Credit Union Act
(12 U.S.C. 1752)) to prevent and report suspected elder
abuse;
(H) a review of State laws used in civil court
proceedings to prevent and address elder abuse;
(I) a review of State laws relating to fraud and
related activities in connection with mail,
telemarketing, the Internet, or health care;
(J) a review of State laws that create programs,
offices, or entities that address or respond to elder
abuse; and
(K) an analysis of any other State laws relating to
elder abuse; and
(6) carry out such other duties as the Attorney General
determines necessary in connection with enhancing the
understanding, prevention, and detection of, and response to,
elder abuse.
SEC. 4. DATA COLLECTION.
The Attorney General, in consultation with the Secretary of Health
and Human Services, shall, on an annual basis--
(1) collect from Federal, State, and local law enforcement
agencies and prosecutor offices statistical data relating to
the incidence of elder abuse, including data relating to--
(A) the number of elder abuse cases referred to law
enforcement agencies, adult protective services, or any
other State entity tasked with addressing elder abuse;
(B) the number and types of such cases filed in
Federal, State, and local courts; and
(C) the outcomes of the cases described in
subparagraphs (A) and (B) and the reasons for such
outcomes;
(2) identify common data points among Federal, State, and
local law enforcement agencies and prosecutor offices that
would allow for the collection of uniform national data related
to elder abuse;
(3) publish a summary of the data collected under
paragraphs (1) and (2);
(4) identify--
(A) the types of data relevant to elder abuse that
should be collected; and
(B) what entity is most capable of collecting the
data described in subparagraph (A); and
(5) develop recommendations for collecting additional data
relating to elder abuse.
SEC. 5. ELDER VICTIMS GRANT PROGRAM.
(a) In General.--The Director may make grants and provide technical
assistance to not more than 15 States to assist the States in
developing, establishing, and operating programs designed to improve--
(1) the response to cases of elder abuse in a manner that
limits additional trauma to the elder victims; and
(2) the investigation and prosecution of cases of elder
abuse.
(b) Eligibility.--A State is eligible to receive a grant under this
section if the State--
(1) has a crime victims compensation program that meets the
criteria described in section 1403(b) of the Victims of Crime
Act of 1984 (42 U.S.C. 10602(b)); and
(2) is in compliance with subsection (c).
(c) Establishment of Task Force.--
(1) In general.--In order to be eligible to receive a grant
under this section, a State shall establish or, subject to
paragraph (5), designate a multidisciplinary task force on
elder justice that is composed of professionals with knowledge
and experience relating to the criminal justice system and
issues of elder abuse.
(2) Membership requirement.--Except as provided in
paragraph (6), a task force established or designated in
accordance with this subsection shall include--
(A) representatives from law enforcement agencies,
such as police officers, sheriffs and deputy sheriffs,
detectives, public safety officers, corrections
officers, investigators and victims' service personnel;
(B) a representative from the crime victim
compensation program of the State;
(C) judicial and legal officers, including
individuals who work on cases of elder abuse;
(D) elder justice and elder law advocates,
including local agencies on aging and local public and
private agencies and entities relating to elder abuse
and other crimes against elders;
(E) health and mental health professionals;
(F) representatives from social services agencies
in the State; and
(G) family members of victims of elder abuse.
(3) Review and evaluation.--A task force established or
designated in accordance with this subsection shall--
(A) review and evaluate the investigative,
administrative, and judicial responses to cases of
elder abuse in the State;
(B) make recommendations to the State based on the
review and evaluation conducted under subparagraph (A),
including recommendations relating to--
(i) modifying the investigative,
administrative, and judicial response to cases
of elder abuse in a manner that--
(I) reduces additional trauma to
the elder victim; and
(II) ensures procedural fairness to
the individual accused of elder abuse;
and
(ii) experimental, model, and demonstration
programs for testing innovative approaches and
techniques that may improve the rate of
successful prosecution or enhance the
effectiveness of judicial and administrative
action in elder abuse cases, and which ensure
procedural fairness to the accused, including a
determination of which programs are most
effective; and
(C) submit the recommendations described in
subparagraph (B) to the Office.
(4) Task force alternative.--If determined appropriate by
the Director, a State may comply with the eligibility
requirement described in paragraph (1) by designating a
commission or task force established by a State before January
1, 2013, with membership and functions comparable to those
described in paragraphs (2) and (3), respectively, as the task
force on elder justice required under such paragraph (1).
(5) Task force membership waiver.--The Director may waive,
in part, the task force membership requirements under paragraph
(2) for a State that demonstrates a need for the waiver.
(d) Use of Funds.--Grant funds awarded under this section may be
used by a State to support--
(1) State and local prosecutor offices and courts in elder
abuse matters, including--
(A) hiring or paying salary and benefits for
employees and establishing or implementing units
designated to work on elder justice issues in State
prosecutors' offices and State courts; and
(B) hiring or paying salary and benefits for an
employee to coordinate elder justice-related cases,
training, technical assistance, and policy development
for State and local prosecutors and courts;
(2) State and local law enforcement agencies investigating
cases of elder abuse; and
(3) adult protective services.
(e) State Reports.--Not later than 1 year after a State receives
grant funds under this section, the State shall submit to the Director
a report that includes--
(1) an evaluation of the effectiveness of the grant
program;
(2) a list of all laws of the State relating to elder
abuse; and
(3) any other information the Director may require.
(f) Evaluation and Report.--Not later than 1 year after the date on
which the Director makes available the final funds awarded under a
grant under this section, the Director shall--
(1) evaluate the grant program established under this
section; and
(2) submit to the appropriate congressional committees a
report on the evaluation conducted under paragraph (1),
including recommendations on whether the grant program should
be continued.
SEC. 6. ELDER JUSTICE COORDINATING COUNCIL.
Section 2021(b)(1)(B) of the Social Security Act (42 U.S.C.
1397k(b)(1)(B)) is amended by striking ``(or the Attorney General's
designee)'' and inserting ``(or the Director of the Office of Elder
Justice)''.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$20,000,000 for each of fiscal years 2017 through 2019. Such sums shall
be derived from amounts appropriated in each such fiscal year for
General Administration, Salaries and Expenses, for the Department of
Justice. | Elder Abuse Victims Act of 2016 This bill establishes within the Department of Justice (DOJ) an Office of Elder Justice to provide information, training, and technical assistance for state and local governments to investigate, prosecute, prevent, and mitigate the impact of elder abuse, exploitation, and neglect. The office must be headed by a director who is appointed by the President and confirmed by the Senate. It authorizes the Office of Elder Justice to award grants to states to develop, establish, and operate programs to improve the response to, investigation of, and prosecution of elder abuse cases. An eligible state must have a compensation program for crime victims and a multidisciplinary task force on elder justice. DOJ must identify, collect, and publish data related to the incidence of elder abuse. It must also develop recommendations for collecting additional data related to elder abuse. Finally, the bill amends the Social Security Act to include the director of the Office of Elder Justice as the alternate for the Attorney General on the Elder Justice Coordinating Council. | {"src": "billsum_train", "title": "Elder Abuse Victims Act of 2016"} | 2,846 | 213 | 0.606196 | 1.745165 | 1.006029 | 2.683673 | 14.045918 | 0.877551 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicaid Health Allowance Act of
1993''.
SEC. 2. ESTABLISHMENT OF PROGRAM.
(a) In general.--Title XIX of the Social Security Act (42 U.S.C.
1396 et seq.) is amended by adding at the end the following new
section:
``state health allowance programs
``Sec. 1931. (a) treatment of Expenditures Under Health Allowance
Programs as Medical Assistance Under State Plan.--
``(1) In General.--Notwithstanding any other provision of
this title, for purposes of determining the amount to be paid
to a State under section 1903(a)(1) for quarters in any fiscal
year, amounts expended by an eligible State (as described in
subsection (b)) during the fiscal year under a State health
allowance program (as described in subsection (c)) shall be
included in the total amount expended during the fiscal year as
medical assistance under the State plan (except as provided
under paragraph (2) or under subsection (d)(1)(C)).
``(2) Federal payment restricted to acute care services.--
No amounts expended under a State health allowance program that
are attributable to medical assistance described in paragraphs
(4), (14), (15), (23), or (24) of section 1905(a) shall be
included in the total amount expended as medical assistance
under the State plan.
``(b) Eligibility of State.--
``(1) In general.--A State is eligible for purposes of
subsection (a) if the State submits (at such time and in such
form as the Secretary may require) an application to the
Secretary containing the following information and assurances:
``(A) Assurances that the State laws governing the
sale and marketing of health plans reflect standards
established by the National Association of Insurance
Commissioners (or by the Secretary in accordance with
paragraph (3)) relating to community rating of premiums
that meet the requirements of paragraph (2).
``(B) Assurances that the State laws governing the
sale and marketing of health insurance plans reflect
standards established by the National Association of
Insurance Commissioners (or by the Secretary in
accordance with paragraph (3)) relating to pre-existing
conditions and guaranteed renewability.
``(C) Assurances that the State has adopted and is
enforced standards regarding quality assurance for
health benefit plans participating in the State health
allowance program, including standards regarding--
``(i) uniform reporting requirements for
such plans relating to a minimum set of
clinical data, patient satisfaction data, and
other information that may be used by
individuals to compare the quality of various
plans; and
``(ii) the establishment or designation of
an entity of the State government to collect
the data described in clause (i) and to
regularly report such data to the Secretary.
``(D) Such other information and assurances as the
Secretary may require.
``(2) Requirements for rating bands for premiums.--
``(A) In general.--Under the standards relating to
community rating of premiums established by the
National Association of Insurance Commissioners or by
the Secretary, for a class of business of a carrier,
the premium rates charged during a rating period to
employers with similar demographic or other objective
characteristics (not relating to claims experience,
health status, or duration of coverage) for the same or
similar coverage, or the rates which could be charged
to such employers under the rating system for that
class of business, shall not vary from the index rate
by more than 15 percent of the index rate.
``(B) Definitions.--In this paragraph:
``(i) Base premium rate.--The term `base
premium rate' means, for each class of business
for each rating period, the lowest premium rate
charged or which could have charged under a
rating system for that class of business by the
carrier to employers with similar demographic
or other objective characteristics (not
relating to claims experience, health status,
or duration of coverage) for health benefit
plans with the same or similar coverage.
``(ii) Carrier.--The term `carrier' means
any entity which provides health insurance or
health benefits in a State, and includes a
licensed insurance company, a prepaid hospital
or medical service plan, a health maintenance
organization, the plan sponsor of a multiple
employer welfare arrangement or an employee
benefit plan (as defined under the Employee
Retirement Income Security Act of 1974), or any
other entity providing a plan of health
insurance subject to State insurance
regulation.
``(iii) Class of business.--The term `class
of business' means, with respect to a carrier,
all (or a distinct group of) small employers as
shown on the records of the carrier. For
purposes of the preceding sentence--
``(I) a carrier may establish,
subject to subclause (II), a distinct
group of employers on the basis that
the applicable health benefit plans
either--
``(aa) are marketed and
sold through individuals and
organizations which are not
participating in the marketing
or sale of other distinct
groups of employers for the
carrier,
``(bb) have been acquired
from another carrier as a
distinct group, or
``(cc) are provided through
an association that has a
membership of not less than 100
employers and that has been
formed for purposes other than
obtaining health coverage;
``(II) a carrier may not establish
more than 2 groupings under each class
of business based on the carrier's use
of managed-care techniques if the
techniques are expected to produce
substantial variation in health care
costs; and
``(III) notwithstanding subclauses
(I) and (II), a State commissioner of
Insurance of a State, upon application
and if authorized under State law, may
approve additional distinct groups upon
a finding that such approval would
enhance the efficiency and fairness of
the employer marketplace.
``(iv) Demographic characteristics.--The
term `demographic characteristics' means age,
gender, industry, geographic area, family
composition, and group size.
``(v) Index rate.--The term ``index rate''
means, with respect to a class of business, the
arithmetic average of the applicable base
premium rate and the corresponding highest
premium rate for the class.
``(3) Establishment of standards by secretary.--If, after
the expiration of the 9-month period that begins on the date of
the enactment of this Act, the National Association of
Insurance Commissioners has not established the standards
described in paragraph (1), the Secretary shall establish such
standards not later than 1 year after the date of the enactment
of this Act.
``(c) State Health Allowance Program Described.--
``(1) Enrollment of participating individuals in approved
health benefit plans.--In this section, a State health
allowance program is a program in effect in all the political
subdivisions of the State (except as provided in (c)) under
which the State makes payments to the individual's insurer as
an allowance towards the costs of providing the individual with
benefits under an approved health benefit plan.
``(2) Approved plans described.--For purposes of paragraph
(1), a State shall approve health benefit plans in accordance
with such standards as the State may establish, except that--
``(A) the State may not approve a plan for a year
unless the actuarial value of the benefits provided by
and the cost-sharing associated with the plan for the
year--
``(i) with respect to the first year for
which the plan is approved for purposes of this
subsection, is not less than the actuarial
value of the medical assistance provided under
the State plan under this title for the year
(as determined by the Secretary without regard
to medical assistance described in paragraphs
(4), (14), (15), (23), or (24) of section
1905(a)); and
``(ii) with respect to any subsequent year,
is not greater than the amount determined under
this subparagraph for the preceding year,
increased by the amount (expressed as a
percentage) by which the actuarial value of the
medical assistance described in clause (i) for
the year exceeds or is less than the actuarial
value of such medical assistance for the
preceding year;
``(B) at least one of the plans approved by the
State shall be a health maintenance organization or
other plan under which payments are otherwise made on a
capitated basis for providing medical assistance to
individuals enrolled in the State plan under this
title; and
``(C) in the case of an individual who is entitled
to benefits under the State plan under this title as of
the first month during which the State health allowance
program is in effect, an approved plan may not require
the individual to contribute a greater amount of cost-
sharing than the individual would have been required to
contribute under the State plan (except as may be
imposed on an individual described in subparagraph (B)
or subparagraph (C) of subsection (d)(1)).
``(3) Waiver of statewideness requirement.--At the request
of a State, the Secretary may waive for a period not to exceed
3 years (subject to one 3-year extension) the requirement under
paragraph (1) that the State health allowance program be in
effect in all political subdivisions of the State.
``(d) Eligibility of Individuals to Participate in Allowance
Program.--
``(1) In general.--An individual is eligible to participate
in a State health allowance program described in subsection (c)
if the individual meets such criteria as the State may impose,
except that--
``(A) the State shall enroll the individual in the
program if the individual's income is equal to or less
than 100 percent of the official poverty line (as
defined by the Office of Management and Budget, and
revised annually in accordance with section 673(2) of
the Omnibus Budget Reconciliation Act of 1991)
applicable to a family of the size involved;
``(B) the State may enroll the individual in the
program if the individual's income is greater than 100
percent of such official poverty line, except that the
State may require such an individual to contribute
additional cost-sharing towards the health benefit plan
if such cost-sharing is determined in accordance with a
sliding scale based on the individual's income;
``(C) the State may enroll an individual who is
described in subparagraph (B) and whose income is equal
to or greater than 200 percent of such official poverty
line in the program, except that no amounts expended by
the State during a fiscal year on behalf of such an
individual may be included in the total amount expended
during the fiscal year as medical assistance under the
State plan; and
``(D) no individual shall be eligible to
participate in the program if the individual is
entitled to benefits under title XVIII of the Social
Security Act pursuant to section 226 of such Act.
``(2) Automatic eligibility of medicaid categorically
eligible individuals.--Under the criteria imposed by a State
under paragraph (1), any individual to whom the State makes
medical assistance available under the State plan under this
title pursuant to clause (i) of section 1902(a)(10)(A) shall be
eligible to participate in the State health allowance program.
``(3) Use of resource standard.--Under the criteria imposed
by a State under paragraph (1), a State may not require an
individual to meet any resource standard unless the Secretary
approves the State's use of such a standard.
``(e) Evaluations and Reports.--
``(1) Evaluations.--Not later than 3 years after the date
of the enactment of this section (and at such subsequent
intervals as the Secretary considers appropriate), the
Secretary shall evaluate the effectiveness of the State health
allowance programs for which Federal financial participation is
provided under this section, and the impact of such programs on
increasing the number of individuals with health insurance
coverage in participating States and in controlling the costs
of health care in such States.
``(2) Reports.--Not later than 3 years after the date of
the enactment of this section (and at such subsequent intervals
as the Secretary considers appropriate), the Secretary shall
submit a report on the program to Congress.''.
(b) Ensuring Budget Neutrality Through Reduction in
Disproportionate Share Hospital Payments for Participating States.--
Section 1923 of the Social Security Act (42 U.S.C. 1396r-4) is amended
by adding at the end the following new subsection:
``(g) Reduction in Payment Adjustments for States With Health
Allowance Programs.--In the case of a State operating a State health
allowance program under section 1931 in a fiscal year, the Secretary
shall reduce the total payment adjustments made under this section for
hospitals in the State for quarters in the year by such amount as the
Secretary determines to be necessary to ensure that the total amount
paid to the State under section 1903(a)(1) for the year does not exceed
the amount that would have been paid to the State under such section
for the year if the State did not operate such a program.
SEC. 3. EFFECTIVE DATE.
The amendments made by section 2 shall apply to calendar quarters
beginning on or after January 1, 1994. | Medicaid Health Allowance Act of 1993 - Amends title XIX (Medicaid) of the Social Security Act to create State health allowance programs under which the State makes payments to an insurer of an eligible individual as an allowance towards the cost of providing the individual with benefits under an approved health benefit plan. | {"src": "billsum_train", "title": "Medicaid Health Allowance Act of 1993"} | 2,927 | 65 | 0.529369 | 1.182307 | 0.470915 | 3.785714 | 49.875 | 0.964286 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chesapeake Bay Science, Education,
and Ecosystem Enhancement Act of 2009''.
SEC. 2. REAUTHORIZATION OF NOAA CHESAPEAKE BAY OFFICE.
Section 307 of the National Oceanic and Atmospheric Administration
Authorization Act of 1992 (15 U.S.C. 1511d) is amended--
(1) in subsection (a)--
(A) in paragraph (1) by striking ``(in this
section'' and all that follows and inserting a period;
(B) by amending paragraph (2) to read as follows:
``(2) The Office shall be headed by a Director, who--
``(A) shall have knowledge and experience in
research or resource management efforts in the
Chesapeake Bay; and
``(B) shall be responsible for the administration
and operation of the office and the implementation of
this Act.''; and
(C) by striking paragraph (3);
(2) in subsection (b)--
(A) by striking so much as precedes paragraph (1)
and inserting the following:
``(b) Purpose.--The purpose of this section is to focus the
relevant science, research, and resource management capabilities of the
National Oceanic and Atmospheric Administration as they apply to the
Chesapeake Bay and to utilize the Office to--'';
(B) in paragraph (2), by striking ``Secretary of
Commerce'' and inserting ``Administrator'';
(C) in paragraph (3)--
(i) by striking the matter preceding
subparagraph (A) and inserting the following:
``(3) coordinate the programs and activities of the various
organizations within the National Oceanic and Atmospheric
Administration in furtherance of such administration's coastal
resource stewardship mission, including--'';
(ii) in subparagraph (A), by striking
``and'' after the semicolon at the end of
clause (vi), and by inserting after clause
(vii) the following:
``(viii) coastal hazards and climate
change; and''; and
(iii) in subparagraph (B), by striking
``and'' after the semicolon at the end of
clause (iii), by inserting ``and'' after the
semicolon at the end of clause (iv), and by
adding at the end the following:
``(v) integrated ecosystem assessments;'';
(D) in paragraph (4)--
(i) by striking ``Environmental Protection
Agency'' and inserting ``Chesapeake Executive
Council''; and
(ii) by inserting before the semicolon at
the end the following: ``as appropriate to
further purposes of this section'';
(E) by striking paragraphs (5) and (7);
(F) by redesignating paragraph (6) as paragraph
(5); and
(G) by adding at the end the following:
``(6) perform any functions necessary to support the
programs referred to in paragraph (3).''; and
(3) by striking subsection (c) and all that follows through
the end of the section and inserting the following:
``(c) Program Activities.--
``(1) In general.--The Administrator, through the Director,
shall implement the program activities authorized by this
subsection to support the activity of the Chesapeake Executive
Council and to further the purposes of this section.
``(2) Ensuring scientific and technical merit.--The
Director shall--
``(A) establish and utilize an effective and
transparent mechanism to ensure that projects funded
under this section have undergone appropriate peer
review; and
``(B) provide other appropriate means to determine
that such projects have acceptable scientific and
technical merit for the purpose of achieving maximum
utilization of available funds and resources to benefit
the Chesapeake Bay area.
``(3) Consultation with chesapeake executive council.--The
Director shall, in the implementation of the program activities
authorized under this section, consult with the Chesapeake
Executive Council, to ensure that the activities of the Office
are consistent with the purposes and priorities of the
Chesapeake Bay Agreement and plans developed pursuant to the
Agreement.
``(4) Integrated coastal observations.--
``(A) In general.--The Administrator, through the
Director, may collaborate with scientific and academic
institutions, State and Federal agencies, non-
governmental organizations, and other constituents in
the Chesapeake Bay watershed, to support an integrated
observations system for the Chesapeake Bay consistent
with the purposes of subtitle C of title XII of Public
Law 111-11 (33 U.S.C. 3601 et seq.).
``(B) Specific requirements.--To support the system
referred to in subparagraph (A) and provide a complete
set of environmental information for the Chesapeake
Bay, the Director shall--
``(i) coordinate existing monitoring and
observing activities in the Chesapeake Bay;
``(ii) identify new data collection needs
and deploy new technologies, as appropriate;
``(iii) collect and analyze the scientific
information necessary for the management of
living marine resources and the marine habitat
associated with such resources;
``(iv) manage and interpret the information
described in clause (iii); and
``(v) organize the information described in
clause (iii) into products that are useful to
policy makers, resource managers, scientists,
and the public.
``(C) Chesapeake bay interpretive buoy system.--To
further the development and implementation of the
Chesapeake Bay Interpretive Buoy System, the Director
may--
``(i) support the establishment and
implementation of the Captain John Smith
Chesapeake National Historic Trail;
``(ii) delineate key waypoints along the
trail and provide appropriate real-time data
and information for trail users;
``(iii) interpret data and information for
use by educators and students to inspire
stewardship of Chesapeake Bay; and
``(iv) incorporate the Chesapeake Bay
Interpretive Buoy System into the Integrated
Ocean Observing System regional network of
observatories.
``(5) Chesapeake bay watershed education and training
program.--
``(A) In general.--The Administrator, through the
Director, may establish a Chesapeake Bay watershed
education and training program. The program shall--
``(i) continue and expand the Chesapeake
Bay watershed education programs offered by the
Office immediately before the enactment of the
Chesapeake Bay Science, Education, and
Ecosystem Enhancement Act of 2009;
``(ii) improve the understanding of
elementary and secondary school students and
teachers of the living resources of the
ecosystem of the Chesapeake Bay;
``(iii) provide community education to
improve watershed protection; and
``(iv) meet the educational goals of the
Chesapeake 2000 Agreement.
``(B) Grant program.--The Director may award grants
for the purposes of this paragraph. Grants awarded
under this subparagraph may be used to support
education and training projects that enhance
understanding and assessment of a specific
environmental problem in the Chesapeake Bay watershed
or a goal of the Chesapeake Bay Program, or protect or
restore living resources of the Chesapeake Bay
watershed, including projects that--
``(i) provide classroom education,
including the development and use of distance
learning and other innovative technologies,
related to the Chesapeake Bay watershed;
``(ii) provide watershed educational
experiences in the Chesapeake Bay watershed;
``(iii) provide professional development
for teachers related to the Chesapeake Bay
watershed and the dissemination of pertinent
education materials oriented to varying grade
levels;
``(iv) demonstrate or disseminate
environmental educational tools and materials
related to the Chesapeake Bay watershed;
``(v) demonstrate field methods, practices,
and techniques including assessment of
environmental and ecological conditions and
analysis of environmental problems;
``(vi) build the capacity of organizations
to deliver high quality environmental education
programs; and
``(vii) educate local land use officials
and decision makers on the relationship of land
use to natural resource and watershed
protection.
``(C) Collaboration.--The Director shall implement
the education and training program in collaboration
with the heads of other relevant Federal agencies.
``(6) Coastal and living resources management and habitat
program.--
``(A) In general.--The Administrator, through the
Director, may establish a Chesapeake Bay coastal living
resources management and habitat program to support
coordinated management, protection, characterization,
and restoration of priority Chesapeake Bay habitats and
living resources, including oysters, blue crabs, and
submerged aquatic vegetation.
``(B) Activities.--Under the program, the Director
may, subject to the availability of appropriations,
carry out or enter into grants, contracts, and
cooperative agreements and provide technical assistance
to support--
``(i) native oyster restoration;
``(ii) fish and shellfish aquaculture that
is carried out in accordance with a valid
Federal or State permit;
``(iii) establishment of submerged aquatic
vegetation propagation programs;
``(iv) the development of programs that
protect and restore critical coastal habitats;
``(v) habitat mapping, characterization,
and assessment techniques necessary to
identify, assess, and monitor restoration
actions;
``(vi) application and transfer of applied
scientific research and ecosystem management
tools to fisheries and habitat managers;
``(vii) collection, synthesis, and sharing
of information to inform and influence coastal
and living resource management issues; and
``(viii) other activities that the Director
determines are appropriate to carry out the
purposes of such program.
``(d) Reports.--
``(1) In general.--The Administrator, through the Director,
shall submit a biennial report to the Congress and the
Secretary of Commerce on the activities of the Office and on
progress made in protecting and restoring the living resources
and habitat of the Chesapeake Bay.
``(2) Action plan.--Each such report shall include an
action plan for the 2-year period following submission of the
report, consisting of--
``(A) a list of recommended research, monitoring,
and data collection activities necessary to continue
implementation of the strategy under subsection (b)(2);
and
``(B) recommendations to integrate National Oceanic
and Atmospheric Administration activities with the
activities of the partners in the Chesapeake Bay
Program to meet the commitments of the Chesapeake 2000
agreement and subsequent agreements.
``(e) Agreements.--
``(1) In general.--The Administrator, through the Director,
may, subject to the availability of appropriations, enter into
and perform such contracts, leases, grants, or cooperative
agreements as may be necessary to carry out the purposes of
this Act.
``(2) Use of other resources.--For purposes related to the
understanding, protection, and restoration of Chesapeake Bay,
the Director may use, with their consent and with or without
reimbursement, the land, services, equipment, personnel, and
facilities of any Department, agency, or instrumentality of the
United States, or of any State, local government, Indian tribal
government, or of any political subdivision thereof.
``(3) Donations.--The Director may accept donations of
funds, other property, and services for use in understanding,
protecting, and restoring the Chesapeake Bay. Donations
accepted under this section shall be considered as a gift or
bequest to or for the use of the United States.
``(f) Definitions.--In this section:
``(1) Administrator.--The term `Administrator' means the
Administrator of the National Oceanic and Atmospheric
Administration.
``(2) Chesapeake bay agreement.--The term `Chesapeake Bay
Agreement' means the formal, voluntary agreements executed to
achieve the goal of restoring and protecting the Chesapeake Bay
ecosystem and the living resources of the Chesapeake Bay
ecosystem and are signed by the Chesapeake Executive Council.
``(3) Chesapeake executive council.--The term `Chesapeake
Executive Council' means the representatives from the
Commonwealth of Virginia, the State of Maryland, the
Commonwealth of Pennsylvania, the Environmental Protection
Agency, the District of Columbia, and the Chesapeake Bay
Commission, who are signatories to the Chesapeake Bay
Agreement, and any future signatories to that agreement.
``(4) Director.--The term `Director' means the Director of
the Office.
``(5) Office.--The term `Office' means the Chesapeake Bay
Office established under this section.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section--
``(1) $17,000,000 for fiscal year 2011;
``(2) $18,700,000 for fiscal year 2012;
``(3) $20,570,000 for fiscal year 2013; and
``(4) $22,627,000 for fiscal year 2014.''.
Passed the House of Representatives September 30, 2009.
Attest:
LORRAINE C. MILLER,
Clerk. | Chesapeake Bay Science, Education, and Ecosystem Enhancement Act of 2009 - Amends the National Oceanic and Atmospheric Administration Authorization Act of 1992 to revise research, management, and program provisions of the Chesapeake Bay Office of the National Oceanic and Atmospheric Administration (NOAA).
States that the Director of the Office shall be responsible for the administration and operation of the Office and implementation of such Act.
Requires the Director to: (1) implement the program activities of the Chesapeake Executive Council; (2) ensure that projects have scientific and technical merit and have undergone appropriate peer review; (3) consult with the Council; and (4) report biennially to Congress and to the Secretary of Commerce regarding activities to protect the Chesapeake Bay.
Authorizes the Director to: (1) collaborate with scientific and academic institutions, state and federal agencies, nongovernmental organizations, and other constituents to support an integrated observations system for the Chesapeake Bay; (2) support the establishment and implementation of the Captain John Smith Chesapeake National Historic Trail; (3) incorporate the Chesapeake Bay Interpretive Buoy System into the Integrated Ocean Observing System regional network of observatories; (4) establish a Chesapeake Bay watershed education and training program (authorizes related grants); (5) establish a Chesapeake Bay coastal living resources management and habitat program to support management of priority Chesapeake Bay habitats and living resources, including oysters, blue crabs, and submerged aquatic vegetation; and (6) accept donations of funds, property, and services.
Authorizes FY2011- FY2014 appropriations for the Office and related activities. | {"src": "billsum_train", "title": "To reauthorize the Chesapeake Bay Office of the National Oceanic and Atmospheric Administration, and for other purposes."} | 2,966 | 371 | 0.551767 | 1.672776 | 0.760573 | 3.936455 | 8.953177 | 0.953177 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Revolving Door Act of 1995''.
SEC. 2. SPECIAL RULES.
(a) In General.--Section 207(d) of title 18, United States Code, is
amended by adding at the end thereof the following:
``(3) Additional restrictions.--
``(A) Lobbying legislative branch by executive
branch officials and appointees.--In addition to the
restrictions set forth in subsections (a), (b), and (c)
and paragraph (1) of this subsection, any person who--
``(i)(I)) serves in the position of
President or Vice President of the United
States, or
``(II) serves in a position in an executive
agency (including the Executive Office of the
President) on a full-time basis and whose rate
of basic pay is not less than $70,000 (adjusted
for any COLA after the date of enactment of the
Revolving Door Act of 1995), and
``(ii) is not an appointee of the senior
foreign service or solely an appointee as a
uniformed service commissioned officer,
and who, during the 2 years after termination of
service or employment as such an official or appointee,
knowingly makes, with the intent to influence, any
communication to or appearance before any Member,
officer, or employee of either House of Congress or any
employee of any other legislative office of Congress on
behalf of any other person (except the United States)
in connection with any matter on which such former
official or appointee seeks action by such a Member or
officer or employee acting in the Member's, officer's,
or employee's official capacity shall be punished as
provided in section 216 of this title.
``(B) Lobbying legislative branch by former
members.--In addition to the restrictions set forth in
subsections (a), (b), and (c) and paragraph (1) of this
subsection, any person who is a Member of Congress and
who--
``(i) during the 2 year period after
termination of such service, knowingly makes,
with the intent to influence, any communication
to or appearance before any Member, officer, or
employee of either House of Congress or any
employee of any other legislative office of
Congress on behalf of any other person (except
the United States) in connection with any
matter on which such former Member seeks action
by such a Member or officer or employee acting
in the Member's, officer's, or employee's
official capacity, or
``(ii) during the 5 year period after
termination of such service, knowingly makes,
with the intent to influence, any communication
to or appearance before any Member or employee
of the House of Congress in which such former
Member served who is a member of or employed by
the committee on which such former Member
served on behalf of any other person (except
the United States) in connection with any
matter on which such former Member seeks action
by such a Member or employee acting in the
Member's or employee's official capacity
shall be punished as provided in section 216 of this
title.
``(C) Lobbying legislative branch by former
legislative employees.--In addition to the restrictions
set forth in subsections (a), (b), and (c) and
paragraph (1) of this subsection--
``(i) any person who is an officer or
employee of either House of Congress employed
in a position at a rate of pay equal to or
greater than $70,000 (adjusted for any COLA
after the date of enactment of the Revolving
Door Act of 1995) and who during the 2 year
period after termination of such service,
knowingly makes, with the intent to influence,
any communication to or appearance before any
Member, officer, or employee of either House of
Congress or any employee of any other
legislative office of Congress on behalf of any
other person (except the United States) in
connection with any matter on which such former
officer or employee seeks action by such a
Member or officer or employee acting in the
Member's, officer's, or employee's official
capacity, or
``(ii) any person who was an employee of
either House of Congress employed in a position
at a rate of pay equal to or greater than
$70,000 (adjusted for any COLA after the date
of enactment of the Revolving Door Act of 1995)
and who during the 5 year period after
termination of such service, knowingly makes,
with the intent to influence, any communication
to or appearance before any Member or employee of the House of Congress
in which such former employee served who is a member of or employed by
the committee which employed such former employee on behalf of any
other person (except the United States) in connection with any matter
on which such former employee seeks action by such a Member or employee
acting in the Member's or employee's official capacity
shall be punished as provided in section 216 of this
title.
``(D) Lobbying the executive branch by former
members or former legislative employees.--In addition
to the restrictions set forth in subsections (a), (b),
and (c) and paragraph (1) of this subsection, any
person who is described in subparagraph (B) or (C) and
who during the 2 years after termination of service as
a Member or employee, knowingly makes, with the intent
to influence, any communication to or appearance before
any officer or employee of a department or agency on
behalf of any other person (except the United States)
in connection with any matter on which such former
Member or employee seeks official action by any officer
or employee of such department or agency, shall be
punished as provided in section 216 of this title.
``(E) Lobbying the executive branch by executive
branch officials and employees.--In addition to the
restrictions set forth in subsections (a), (b), and (c)
and paragraph (1) of this subsection, any person who--
``(i)(I)) serves in the position of
President or Vice President of the United
States, or
``(II) serves in a position in an executive
agency (including the Executive Office of the
President) on a full-time basis and whose rate
of basic pay is not less than $70,000 (adjusted
for any COLA after the date of enactment of the
Revolving Door Act of 1995), and
``(ii) is not an appointee of the senior
foreign service or solely an appointee as a
uniformed service commissioned officer,
and who, during the 2 years after termination of
service or employment as such an official or appointee,
knowingly makes, with the intent to influence, any
communication to or appearance before any officer or
employee of a department or agency, during the period
beginning on the termination of service or employment
as such officer or employee and ending 2 years after
the termination of service in the department or agency,
on behalf of any other person (except the United
States), in connection with any matter on which such
person seeks official action by any officer or employee
of such department or agency, shall be punished as
provided in section 216 of this title.
``(F) Lobbying a particular department or agency by
executive branch officials and employees.--In addition
to the restrictions set forth in subsections (a), (b),
and (c) and paragraph (1) of this subsection, any
person who is described in subparagraph (E) and who,
during the 5 years after termination of service or
employment as such an official or appointee, knowingly
makes, with the intent to influence, any communication
to or appearance before any officer or employee of a
department or agency, in which such person served
within 5 years before such termination, during the
period beginning on the termination of service or
employment as such officer or employee and ending 5
years after the termination of service in the
department or agency, on behalf of any other person
(except the United States), in connection with any
matter on which such person seeks official action by
any officer or employee of such department or agency,
shall be punished as provided in section 216 of this
title.
``(G) Supervision of lobbyists.--Any person who is
in a position described in subparagraph (B) or (C) may
not knowingly, after leaving such position, hold a
supervisory position over any person who is likely to
make a communication or appearance described in
subparagraph (B) or (D).
``(H) Ban.--Any person who was a Member of Congress
and who is convicted of a felony may not make any
communication or appearance described in subparagraph
(B) or (D).''.
(b) Conforming Amendments.--
(1) Section 207(d).--Section 207(d)(1)(A) of title 18,
United States Code, is amended to read as follows:
``(A) serves in the position of President or Vice
President of the United States,''.
(2) Section 207(h).--The first sentence of section
207(h)(1) of title 18, United States Code, is amended by
inserting after ``subsection (c)'' the following: ``and
subsection (d)(3)''.
(3) Section 207(e).--Section 207(e)(7) is amended by
inserting before the dash the following: ``and subsection
(d)''.
(c) Foreign Agents.--Section 207(f) of title 18, United States
Code, is amended--
(1) by striking ``foreign entity'' each place it appears
and inserting ``foreign national''; and
(2) by striking paragraphs (2) and (3) and inserting:
``(2) Lobbying on behalf of a foreign national.--(A) In
addition to the restrictions set forth in subsections (a), (b),
and (c) and paragraph (1) of this subsection, any person who is
in a position described in subparagraph (B) or (C) of
subsection (d)(3) and who knowingly, after leaving such
position--
``(i) represents, directly or indirectly, a foreign
national before any officer or employee of any
department or agency of the United States or any Member
of Congress or officer or employee of either House of
Congress with the intent to influence a decision of
such officer or employee of the United States or Member
of Congress or officer or employee of either House of
Congress in carrying out the Member's, officer's, or
employee's official duties and receives compensation
for such representation, or
``(ii) aids or advises, directly or indirectly, a
foreign national with the intent to influence a
decision of any officer or employee of any department
or agency of the United States or any Member of
Congress or officer or employee of either House of
Congress in carrying out the Member's, officer's, or
employee's official duties and receives compensation
for such aid or advice,
shall be punished as provided in section 216 of this title.
``(3) For purposes of subparagraph (A), the term `foreign
national' means--
``(A) a government of a foreign country as defined
in section 1(e) of the Foreign Agents Registration Act
of 1938, as amended, or a foreign political party as
defined in section 1(f) of that Act;
``(B) a person outside of the United States, unless
such person is an individual and a citizen of the
United States, or unless such person is not an
individual and is organized under or created by the
laws of the United States or of any State or other
place subject to the jurisdiction of the United States
and has its principal place of business within the
United States;
``(C) a partnership, association, corporation,
organization, or other combination of persons organized
under the laws of or having its principal place of
business in a foreign country; or
``(D) a person any of whose activities are directly
or indirectly supervised, directed, controlled,
financed, or subsidized in whole or in major part by an
entity described in subparagraph (A), (B), or (C).''.
(d) Exceptions.--Section 207(j) of title 18, United States Code,
is amended by adding at the end thereof the following:
``(7) Non-influential contacts.--Nothing in this section
shall prevent an individual from making requests for
appointments, requests for the status of Federal action, or
other similar ministerial contacts, if there is no attempt to
influence an officer or employee of the legislative or
executive branch.
``(8) Comments.--Nothing in this section shall prevent an
individual from making communications in response to a notice
in the Federal Register, Commerce Business Daily, or other
similar publication soliciting communications from the public
and directed to the agency official specifically designated in
the notice to receive such communications.
``(9) Adjudication.--Nothing in this section shall prevent
an individual from making communications or appearances in
compliance with written agency procedures regarding an
adjudication conducted by the agency under section 554 of title
5, or substantially similar provisions.
``(10) Comments for the record.--Nothing in this section
shall prevent an individual from submitting written comments
filed in a public docket and other communications that are made
on the record.''.
(e) Use of Profits.--Section 216(b) of title 18, United States
Code, is amended by inserting after the first sentence the following:
``Any amount of compensation recovered pursuant to the preceding
sentence for a violation of section 207 shall be deposited in the
general fund of the Treasury to reduce the deficit.''.
SEC. 3. LIMITATION ON CONTRIBUTION OF EXCESS CAMPAIGN FUNDS.
Section 313 of the Federal Election Campaign Act of 1971 (2 U.S.C.
439a) is amended by adding at the end the following new sentence: ``An
individual who has excess campaign funds and is neither a candidate
for, nor an incumbent of, a Federal office and who is registered under
the Federal Regulation of Lobbying Act may not make any contribution
from such excess campaign funds to another individual who is a
candidate for Federal office or to any authorized committee of such
other individual.''.
SEC. 4. FLOOR PRIVILEGES.
Rule XXXII of the Rules of the House of Representatives is amended
by striking ``only if they'' and inserting ``only if they are not
lobbyists,''.
SEC. 5. ADDITIONAL PRIVILEGES.
Any former Member of Congress who is registered under the Federal
Regulation of Lobbying Act shall not be permitted to enter any dining
area of the Capitol which is reserved for Members of Congress or any
gymnasium facility which is reserved for Members of Congress. | Revolving Door Act of 1995 - Amends the Federal criminal code to set forth new provisions prohibiting public officials, within a specified period following termination of their public service, from knowingly making, with intent to influence, any communication or appearance before congressional or executive branch officials or employees, on behalf of any other person seeking official action (lobbying).
Prohibits the following individuals, for two years after termination of their service or employment, from lobbying any Member, officer, or employee of Congress: (1) the President or Vice President; (2) Members of Congress; (3) individuals who serve in executive agency positions on a full-time basis, who have a rate of basic pay of at least $70,000, and who are not appointees of the senior foreign service or as uniformed service commissioned officers; and (4) officers or employees of Congress with a rate of pay of $70,000 or above.
Prohibits: (1) Members of Congress, the President or Vice President, such executive branch employees, or such congressional employees, for two years after termination of their service or employment, from lobbying any officer or employee of an executive department or agency; (2) Members of Congress or such congressional employees, for five years after termination of their service, from lobbying any congressional committee Members or employees who are members of, or employed by, the committee on which such former Members served or for which such employee worked; or (3) the President, Vice President, or such executive branch employees, for five years after termination of their service or employment, from lobbying any officer or employee of the department or agency in which such person served.
Prohibits such a Member, officer, or employee of the Congress from knowingly, after leaving such position, holding a supervisory position over any person who is likely to lobby Congress or executive agencies. Bans any former Member of Congress who is convicted of a felony from lobbying.
Applies restrictions on lobbying on behalf of foreign entities to lobbying on behalf of foreign nationals. Prohibits such a Member, officer, or employee of Congress, after leaving such office, from lobbying on behalf of a foreign national for compensation.
Provides that nothing in this Act shall prevent an individual from: (1) making requests for appointments, status of Federal action, or other similar ministerial contacts if there is no attempt to influence an officer or employee of the legislative or executive branch; (2) making communications in response to a notice in the Federal Register, Commerce Business Daily, or other similar publication soliciting communications from the public and directed to the agency official specifically designated in such notice; (3) making communications or appearances in compliance with written agency procedures regarding an adjudication conducted by an agency under adjudication provisions; or (4) submitting written comments filed in a public docket and other communications that are made on the record.
Requires compensation recovered pursuant to imposition of a civil penalty upon former officers, employees, and elected officials of the executive and legislative branches for violation of lobbying restrictions to be deposited in the Treasury for deficit reduction.
(Sec. 3) Amends the Federal Election Campaign Act of 1971 to prohibit an individual who has excess campaign funds and is neither a candidate for, nor an incumbent of, a Federal office and who is registered under the Federal Regulation of Lobbying Act from making any contribution from such excess campaign funds to another individual who is a candidate for Federal office or to any authorized committee of such other individual.
(Sec. 4) Amends rule XXXII of the Rules of the House of Representatives to prohibit lobbyists from being entitled to the privilege of admission to the Hall of the House and rooms leading thereto.
(Sec. 5) Prohibits any former Member of Congress who is registered under the Federal Regulation of Lobbying Act from being permitted to enter any dining area of the Capitol or any gymnasium facility which is reserved for Members. | {"src": "billsum_train", "title": "Revolving Door Act of 1995"} | 3,236 | 835 | 0.688773 | 2.067875 | 0.663547 | 4.077023 | 4.023499 | 0.9047 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mary Jo Lawyer Spano Mesothelioma
Patient Registry Act of 2017''.
SEC. 2. PATIENT REGISTRY FOR MESOTHELIOMA DATA COLLECTION AND RESEARCH.
Title III of the Public Health Service Act is amended by inserting
after section 399V-6 of such Act (42 U.S.C. 280g-17) the following:
``SEC. 399V-7. PATIENT REGISTRY FOR MESOTHELIOMA DATA COLLECTION AND
RESEARCH.
``(a) In General.--The Secretary, acting through the Administrator
of the Agency for Toxic Substances and Disease Registry, shall develop
a patient registry to collect data on mesothelioma, including
information with respect to the incidence and prevalence of the disease
in the United States.
``(b) Uses.--The Secretary shall use the registry under subsection
(a)--
``(1) to enhance and expand infrastructure and activities
for tracking the epidemiology of mesothelioma patients;
``(2) to collect, consolidate, and report on health
information on patients who have been diagnosed with
mesothelioma, including with respect to--
``(A) treatment outcomes, including patient
longevity; and
``(B) the number of patients receiving treatment
for mesothelioma disaggregated by hospital;
``(3) to better describe the incidence and prevalence of
mesothelioma in the United States;
``(4) to facilitate further research on mesothelioma;
``(5) to examine factors, such as environmental and
occupational factors, that may be associated with mesothelioma;
``(6) to better outline key demographic factors (such as
age, race or ethnicity, gender, and family history) associated
with mesothelioma; and
``(7) to make the information in such registry, other than
individually identifiable information, available to the public
to facilitate and enhance research on, and prevention and
treatment of, mesothelioma.
``(c) Content.--In carrying out this section, the Secretary--
``(1) shall provide for the collection and storage of
information on the incidence and prevalence of mesothelioma in
the United States;
``(2) when scientifically possible, shall provide for the
collection and storage of other available information on
mesothelioma, such as information concerning--
``(A) demographics and other information associated
or possibly associated with mesothelioma, such as age,
race, ethnicity, sex, geographic location, and family
history;
``(B) risk factors associated or possibly
associated with mesothelioma, including genetic and
environmental risk factors; and
``(C) diagnosis and progression markers; and
``(3) may provide for the collection and storage of
information relevant to analysis on mesothelioma, such as
information concerning--
``(A) the epidemiology of the disease;
``(B) the natural history of the disease;
``(C) the prevention of the disease;
``(D) the detection, management, and treatment
approaches for the disease; and
``(E) the development of outcomes measures.
``(d) Consultation.--In carrying out this section, the Secretary
shall consult with individuals with appropriate expertise, including
non-Federal mesothelioma experts including--
``(1) epidemiologists with experience in disease
surveillance or registries;
``(2) representatives of national voluntary associations
that focus on mesothelioma or have demonstrated experience in
research, care, or patient service for mesothelioma;
``(3) health information technology experts or other
information management specialists;
``(4) clinicians with expertise in mesothelioma; and
``(5) research scientists with experience conducting
translational research or utilizing surveillance systems for
scientific research purposes.
``(e) Coordination With Other Federal Agencies.--The Secretary
shall make information in and analysis derived from the registry under
this section available, as appropriate, to Federal departments and
agencies, such as the National Institutes of Health, the Food and Drug
Administration, the Centers for Medicare & Medicaid Services, the
Agency for Healthcare Research and Quality, the Department of Veterans
Affairs, and the Department of Defense.
``(f) Public Access.--Subject to subsection (g), the Secretary
shall make information in, and analysis derived from, the registry
under this section available, as appropriate, to the public, including
researchers.
``(g) Privacy.--The Secretary shall ensure that privacy and
security protections applicable to the registry under this section are
at least as stringent as the privacy and security protections under
HIPAA privacy and security law (as defined in section 3009).
``(h) Reports to Congress.--
``(1) Initial report.--Not later than 18 months after the
date of enactment of the Mary Jo Lawyer Spano Mesothelioma
Patient Registry Act of 2017, the Secretary shall submit to the
Congress a report that--
``(A) shall outline--
``(i) the findings in the mesothelioma
patient registry under subsection (a);
``(ii) future plans for expansion or
revision of such registry; and
``(iii) the scope of such registry; and
``(B) may include a description of the activities
undertaken by the Secretary to establish partnerships
with research and patient advocacy communities to
expand such registry.
``(2) Subsequent report.--Not later than 4 years after the
date of enactment of the Mary Jo Lawyer Spano Mesothelioma
Patient Registry Act of 2017, the Secretary shall submit a
report to the Congress concerning the implementation of this
section. Such report should include information on--
``(A) the development and maintenance of the
mesothelioma patient registry under subsection (a);
``(B) the type of information collected and stored
in the registry;
``(C) the use and availability of such information,
including guidelines for such use; and
``(D) the use and coordination of databases that
collect or maintain information on mesothelioma.''. | Mary Jo Lawyer Spano Mesothelioma Patient Registry Act of 2017 This bill amends the Public Health Service Act to direct the Agency for Toxic Substances and Disease Registry to develop a patient registry to collect data on mesothelioma. The agency must use the registry to: enhance and expand infrastructure and activities for tracking the epidemiology of mesothelioma patients; collect, consolidate, and report on health information on mesothelioma patients; describe the incidence and prevalence of mesothelioma in the United States; facilitate research on mesothelioma; examine factors that may be associated with mesothelioma; outline key demographic factors associated with mesothelioma; and make information available to the public to facilitate and enhance research on, and the prevention and treatment of, mesothelioma. | {"src": "billsum_train", "title": "Mary Jo Lawyer Spano Mesothelioma Patient Registry Act of 2017"} | 1,417 | 204 | 0.698509 | 1.983694 | 0.900568 | 4.949275 | 8.876812 | 0.92029 |
SECTION 1. PREPAYMENT OR REPRICING OF REA LOANS.
Title III of the Rural Electrification Act of 1936 is amended by
inserting after section 306B (7 U.S.C. 936b) the following new section:
``SEC. 306C. PREPAYMENT OR REPRICING OF LOANS.
``(a) In General.--Notwithstanding any other provision of law, the
Secretary of the Treasury and the Administrator shall, on request of a
borrower, allow the prepayment or repricing of a loan made by the
Federal Financing Bank and guaranteed by the Administrator in
accordance with this section and the terms of the applicable loan
contract.
``(b) Terms of Repayment and Repricing.--
``(1) In general.--In the case of a loan made by the
Federal Financing Bank and guaranteed by the Administrator that
permits prepayment of the loan at any time later than 12 years
after the end of the year in which advances were made under the
loan on payment of a premium, the borrower of the loan may, at
any time prior to the maturity of the loan, prepay or reprice
all or any part of the advances made under the loan in
accordance with this subsection.
``(2) Prepayment.--A borrower of a loan described in
paragraph (1) may prepay the advances by paying the outstanding
principal balance of the loan, plus the sum of--
``(A) the net present value of the 1-year interest
prepayment premium, as provided under the terms of the
note of the loan of the Federal Financing Bank; and
``(B) for the period of time from the date of
prepayment until the end of the 12-year period provided
for in the note, the net present value of the
difference between--
``(i) the income of the note at the
effective interest rate; and
``(ii) the income of the note at an
interest rate equal to the then current cost of
funds to the Department of the Treasury for
obligations of comparable maturity to the
remaining term of the loan.
``(3) Repricing.--A borrower of a loan described in
paragraph (1) may reprice the loan by paying the sum of--
``(A) the net present value of the 1-year interest
prepayment premium, as provided under the terms of the
note of the loan of the Federal Financing Bank; and
``(B) for the period of time from the date of
repricing until the end of the 12-year period provided
for in the note, the net present value of the
difference between--
``(i) the income of the note at the
effective interest rate; and
``(ii) the income of the note at an
interest rate equal to the then current cost of
funds to the Department of the Treasury for
obligations of comparable maturity to the
remaining term of the loan.
``(4) Lien accommodation.--If a borrower of a loan
described in paragraph (1) elects to prepay an advance on the
loan and applies for a loan from a private lender in an amount
not to exceed the sum of the advance prepaid amount and any
premium on the amount paid pursuant to this section, on the
request of the borrower, the Administrator shall grant the
private lender a lien accommodation on the assets of the
borrower if the value of the assets subject to the lien will
exceed 120 percent of the amount of all of the outstanding
loans and guarantees secured under the lien.
``(c) Financing the Premiums.--In the case of a loan described in
subsection (b)(1) that is prepaid or repriced in accordance with this
section, the Administrator may guarantee a loan made to the borrower in
an amount equal to the cost of any prepayment or repricing premium
required under subparagraph (A) or (B) of subsection (b)(2) or
subparagraph (A) or (B) of subsection (b)(3), as appropriate.
``(d) Hardship Prepayment Program.--
``(1) Prepayment.--A borrower of a loan made by the Federal
Financing Bank and guaranteed under section 306 may, at the
option of the borrower, prepay the loan or an advance on the
loan if the Administrator determines that the borrower is
eligible under paragraph (3).
``(2) Prohibition on prepayment premiums.--No sums in
addition to the payment of the outstanding principal balance
due on the loan may be charged against the borrower, as a
result of the prepayment.
``(3) Eligibility.--The Administrator shall allow the
repayment of a loan under this subsection if the Administrator
determines that the borrower--
``(A) has experienced a severe hardship; or
``(B) serves a predominantly rural, low-income, and
high unemployment area for which the electricity rates
exceed the Statewide average.
``(4) New loans.--On the prepayment of a loan under this
subsection and the request of the borrower, the Federal
Financing Bank and the Administrator shall make a new loan to
the borrower available at a level that at least equals the
principal amount of the prepayment.
``(5) Authorization of appropriations.--There are
authorized to be appropriated such sums as are necessary to
provide for the cost (as defined in section 502(5) of the
Congressional Budget Act of 1974 (2 U.S.C. 661a(5)) of the
waiver under this subsection of prepayment premiums for loans
made by the Federal Financing Bank and guaranteed by the
Administrator.''. | Amends the Rural Electrification Act of 1936 to prescribe guidelines under which the Secretary of the Treasury and the Rural Electrification Administrator (the Administrator) shall allow, upon a borrower's request, the prepayment or repricing of a loan made by the Federal Financing Bank and guaranteed by the Administrator.
Authorizes appropriations as necessary to provide for the cost of prepayment premium waivers for such loans. | {"src": "billsum_train", "title": "A bill to amend the Rural Electrification Act of 1936 to permit the prepayment or repricing of certain loans according to the terms of the applicable loan contract, and for other purposes."} | 1,219 | 95 | 0.601572 | 1.615622 | 0.800425 | 3.916667 | 15.486111 | 0.888889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Immigration Courts Bail Reform
Act''.
SEC. 2. CONDITIONS ON DETENTION OF ALIENS.
Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226)
is amended--
(1) in subsection (a)(2), by amending subparagraph (A) to
read as follows:
``(A) bond containing conditions prescribed by the
Secretary of Homeland Security; or'';
(2) in subsection (c), by adding at the end the following:
``(3) Review of Initial Custody Determination.--An immigration
judge may review the initial custody determination under this
subsection to the extent permitted under subsection (f).''; and
(3) by adding at the end the following:
``(f) Procedures for Custody Hearings.--For any alien taken into
custody under any provision of this Act, with the exception of children
being transferred to, or in, the custody of the Office of Refugee
Resettlement of the Department of Health and Human Services, the
following rules shall apply:
``(1) The Secretary of Homeland Security shall, without
unnecessary delay and not later than 72 hours after the alien
is taken into custody, file the Notice to Appear or other
relevant charging document with the immigration court having
jurisdiction over the location where the alien was apprehended,
and serve such notice on the alien.
``(2) The Secretary shall immediately determine whether the
alien shall remain in custody or be released and, without
unnecessary delay and not later than 72 hours after the alien
was taken into custody, serve upon the alien the custody
decision specifying the reasons for continued custody and the
amount of bond, if any. Except for aliens who the Secretary has
determined are subject to subsection (c) or certified under
section 236A, the Secretary may continue to detain the alien
only if the Secretary determines by clear and convincing
evidence that no conditions reasonably will assure the
appearance of the alien as required and the safety of any other
person and the community.
``(3) The Attorney General shall ensure the alien has the
opportunity to appear before an immigration judge for a custody
redetermination hearing promptly after personal service of the
Secretary's custody decision. The immigration judge may, on the
Secretary's motion and upon a showing of good cause, postpone a
custody redetermination hearing for not more than 72 hours
after personal service of the custody decision, except that in
no case shall the hearing occur more than 6 days (including
weekends and holidays) after the alien was taken into custody.
``(4) The immigration judge shall advise the alien of the
right to postpone the custody redetermination hearing and
shall, on the oral or written request of the individual,
postpone the custody determination hearing for a period of not
more than 14 days.
``(5) Except for aliens who the immigration judge has
determined are subject to subsection (c) or certified under
section 236A, the immigration judge shall review the custody
determination de novo and may continue to detain the alien only
if the Secretary demonstrates by clear and convincing evidence
that no conditions reasonably will assure the appearance of the
alien as required and the safety of any other person and the
community.
``(6)(A) In making a custody determination, both the
Secretary and the immigration judge shall order the release of
the alien on personal recognizance, or upon execution of an
unsecured appearance bond in an amount specified by the court,
unless the Secretary or the immigration judge determines that
such release will not reasonably assure the appearance of the
alien as required or will endanger the safety of any other
person or the community.
``(B) If the Secretary or immigration judge determines that
release under subparagraph (A) will not reasonably assure the
appearance of the alien as required or will endanger the safety
of any other person or the community, the Secretary or the
immigration judge shall order the release of the alien subject
to the least restrictive further condition, or combination of
conditions, that the Secretary or immigration judge determines
will reasonably assure the appearance of the alien as required
and the safety of any other person and the community. Such
conditions may include those specified under section
3142(c)(1)(B) of title 18, United States Code.
``(C) In determining whether to impose a bond as a
condition of release, the Secretary or immigration judge shall
consider the alien's financial ability to pay a bond and
whether alternative conditions of supervision, alone or in
combination with a lower bond amount, deposit bond, or property
bond, will reasonably assure the appearance of the alien as
required and the safety of any other person and the community.
The Secretary or immigration judge may not impose a financial
condition that results in the detention of the alien.
``(D) For aliens who the immigration judge has determined
are subject to subsection (c), the immigration judge may review
the custody determination, and consider alternatives to
detention which maintain custody over the alien, if the
immigration judge agrees the alien is not a danger to the
community.
``(7) In the case of any alien remaining in custody after a
custody determination, the Attorney General shall provide de
novo custody redetermination hearings pursuant to paragraph (6)
before an immigration judge every 90 days as long as the alien
remains in custody. An alien may also obtain a de novo custody
redetermination hearing at any time upon a showing of good
cause. Good cause includes a showing that the alien has been
unable to post the bond amount after having made good faith
efforts to do so.
``(8) The Secretary shall inform the alien of his or her
rights under this paragraph at the time the alien is first
taken into custody.''. | Immigration Courts Bail Reform Act This bill amends the Immigration and Nationality Act to eliminate the minimum bond amount needed to release a detained alien. An immigration judge may review an initial custody determination for an adult alien, subject to specified rules, which include the following: the Department of Homeland Security (DHS) shall, within 72 hours, file the notice to appear or charging document with the appropriate immigration court and serve such notice on the detained alien; except for criminals or suspected terrorists, DHS may continue to detain an alien only if no conditions will reasonably assure the alien's appearance and the safety of any other person and the community; the Department of Justice shall ensure that an alien has the opportunity to promptly appear before an immigration judge for a custody redetermination hearing; except for criminals or suspected terrorists, an immigration judge shall review the custody determination de novo and may continue to detain the alien only if DHS demonstrates that no conditions will reasonably assure the alien's appearance and the community's safety; DHS and an immigration judge shall order an alien's release on personal recognizance or upon an unsecured appearance bond unless such release will not reasonably assure the alien's appearance or the community's safety; if DHS or an immigration judge determines that such release will not reasonably assure the alien's appearance or such safety, DHS or the immigration judge shall order the alien's release under the least restrictive conditions that will assure the alien's appearance and the community's safety; DHS or an immigration judge shall consider the alien's financial ability in determining whether to impose a bond as a condition of release; and DHS or an immigration judge may not impose a financial condition that results in an alien's detention. | {"src": "billsum_train", "title": "Immigration Courts Bail Reform Act"} | 1,229 | 384 | 0.669534 | 2.151956 | 0.906507 | 3.412651 | 3.623494 | 0.900602 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Emergency
Unemployment Compensation Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION
Sec. 101. References.
Sec. 102. Extension of the Temporary Extended Unemployment Compensation
Act of 2002.
Sec. 103. Entitlement to additional weeks of temporary extended
unemployment compensation.
Sec. 104. Extended benefit periods.
TITLE II--UNEMPLOYMENT BENEFITS FOR INDIVIDUALS QUALIFYING BASED ON
PART-TIME WORK OR AN ALTERNATIVE BASE PERIOD
Sec. 201. Federal-state agreements.
Sec. 202. Payments to States having agreements under this title.
Sec. 203. Financing provisions.
Sec. 204. Definitions.
Sec. 205. Applicability.
TITLE I--TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION
SEC. 101. REFERENCES.
Except as otherwise expressly provided, whenever in this title an
amendment is expressed in terms of an amendment to a section or other
provision, the reference shall be considered to be made to a section or
other provision of the Temporary Extended Unemployment Compensation Act
of 2002 (Public Law 107-147; 26 U.S.C. 3304 note).
SEC. 102. EXTENSION OF THE TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION
ACT OF 2002.
(a) Six-Month Extension of Program.--Section 208 is amended to read
as follows:
``SEC. 208. APPLICABILITY.
``(a) In General.--Subject to subsection (b), an agreement entered
into under this title shall apply to weeks of unemployment--
``(1) beginning after the date on which such agreement is
entered into; and
``(2) ending before July 1, 2004.
``(b) Transition.--In the case of an individual who is receiving
temporary extended unemployment compensation for the week which
immediately precedes the first day of the week that includes July 1,
2004, temporary extended unemployment compensation shall continue to be
payable to such individual for any week thereafter from the account
from which such individual received compensation for the week
immediately preceding that termination date. No compensation shall be
payable by reason of the preceding sentence for any week beginning
after December 31, 2004.''.
(b) Effective Date.--The amendment made by this section shall take
effect as if included in the enactment of the Temporary Extended
Unemployment Compensation Act of 2002 (Public Law 107-147; 26 U.S.C.
3304 note).
SEC. 103. ENTITLEMENT TO ADDITIONAL WEEKS OF TEMPORARY EXTENDED
UNEMPLOYMENT COMPENSATION.
(a) Weeks of TEUC Amounts.--Paragraph (1) of section 203(b) is
amended to read as follows:
``(1) In general.--The amount established in an account
under subsection (a) shall be equal to 26 times the
individual's weekly benefit amount for the benefit year.''.
(b) Weeks of TEUC-X Amounts.--Section 203(c)(1) is amended by
striking ``an amount equal to the amount originally established in such
account (as determined under subsection (b)(1))'' and inserting ``7
times the individual's weekly benefit amount for the benefit year''.
(c) Effective Date.--
(1) In general.--The amendments made by this section--
(A) shall take effect as if included in the
enactment of the Temporary Extended Unemployment
Compensation Act of 2002 (Public Law 107-147; 26 U.S.C.
3304 note); but
(B) shall apply only with respect to weeks of
unemployment beginning on or after the date of
enactment of this Act, subject to paragraph (2).
(2) Special rules.--In the case of an individual for whom a
temporary extended unemployment compensation account was
established before the date of enactment of this Act, the
Temporary Extended Unemployment Compensation Act of 2002 (as
amended by this title) shall be applied subject to the
following:
(A) Any amounts deposited in the individual's
temporary extended unemployment compensation account by
reason of section 203(c) of such Act (commonly known as
``TEUC-X amounts'') before the date of enactment of
this Act shall be treated as amounts deposited by
reason of section 203(b) of such Act (commonly known as
``TEUC amounts''), as amended by subsection (a).
(B) For purposes of determining whether the
individual is eligible for any TEUC-X amounts under
such Act, as amended by this title--
(i) any determination made under section
203(c) of such Act before the application of
the amendments made by this title shall be
disregarded; and
(ii) any such determination shall instead
be made by applying section 203(c) of such Act,
as amended by this title--
(I) as of the time that all amounts
established in such account in
accordance with section 203(b) of such
Act (as amended by this title, and
including any amounts described in
subparagraph (A)) are in fact
exhausted, except that
(II) if such individual's account
was both augmented by and exhausted of
all TEUC-X amounts before the date of
enactment of this Act, such
determination shall be made as if
exhaustion (as described in section
203(c)(1) of such Act) had not occurred
until such date of enactment.
SEC. 104. EXTENDED BENEFIT PERIODS.
(a) Application of Revised Rate of Insured Unemployment.--Section
207 is amended--
(1) by striking ``In'' and inserting ``(a) In General.--
In''; and
(2) by adding at the end the following:
``(b) Insured Unemployment Rate.--For purposes of carrying out
section 203(c) with respect to weeks of unemployment beginning on or
after the date of enactment of this subsection, the term `rate of
insured unemployment', as used in section 203(d) of the Federal-State
Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note),
has the meaning given such term under section 203(e)(1) of such Act,
except that individuals exhausting their right to regular compensation
during the most recent 3 calendar months for which data are available
before the close of the period for which such rate is being determined
shall be taken into account as if they were individuals filing claims
for regular compensation for each week during the period for which such
rate is being determined, and section 203(d)(1)(A) of such Act shall be
applied by substituting `either (or both)' for `each'.''.
(b) Additional Extended Benefit Period Trigger.--
(1) In general.--Section 203(c) is amended by adding at the
end the following:
``(3) Additional extended benefit period trigger.--
``(A) In general.--Effective with respect to
compensation for weeks of unemployment beginning on or
after the date of enactment of this paragraph, an
agreement under this title shall provide that, in
addition to any other extended benefit period trigger,
for purposes of beginning or ending any extended
benefit period under this section--
``(i) there is a State `on' indicator for a
week if--
``(I) the average rate of total
unemployment in such State (seasonally
adjusted) for the period consisting of
the most recent 3 months for which data
for all States are published before the
close of such week equals or exceeds 6
percent; and
``(II) the average rate of total
unemployment in such State (seasonally
adjusted) for the 3-month period
referred to in subclause (I) equals or
exceeds 110 percent of such average
rate for the corresponding 3-month
period ending in either (or both) of
the preceding 2 calendar years; and
``(ii) there is a State `off' indicator for
a week if either the requirements of subclause
(I) or (II) of clause (i) are not satisfied.
``(B) No effect on other determinations.--
Notwithstanding the provisions of any agreement
described in subparagraph (A), any week for which there
would otherwise be a State `on' indicator shall
continue to be such a week and shall not be determined
to be a week for which there is a State `off'
indicator.
``(C) Determinations made by the secretary.--For
purposes of this subsection, determinations of the rate
of total unemployment in any State for any period (and
of any seasonal adjustment) shall be made by the
Secretary.''.
(2) Conforming amendment.--Section 203(c)(1) is amended by
inserting ``or (3)'' after ``paragraph (2)''.
TITLE II--UNEMPLOYMENT BENEFITS FOR INDIVIDUALS QUALIFYING BASED ON
PART-TIME WORK OR AN ALTERNATIVE BASE PERIOD
SEC. 201. FEDERAL-STATE AGREEMENTS.
(a) In General.--Any State which desires to do so may enter into
and participate in an agreement under this title with the Secretary of
Labor (hereinafter in this title referred to as the ``Secretary''). Any
State which is a party to an agreement under this title may, upon
providing 30 days' written notice to the Secretary, terminate such
agreement.
(b) Provisions of Agreement.--
(1) In general.--Any agreement under subsection (a) shall
provide that the State agency of the State will make payments
of regular compensation to individuals in amounts and to the
extent that they would be determined if the State law were
applied with the modifications described in paragraph (2).
(2) Modifications described.--The modifications described
in this paragraph are as follows:
(A) In the case of an individual who is not
eligible for regular compensation under the State law
because of the use of a definition of base period that
does not count wages earned in the most recently
completed calendar quarter, eligibility for
compensation under this title shall be determined by
applying a base period ending at the close of the most
recently completed calendar quarter.
(B) In the case of an individual who is not
eligible for regular compensation under the State law
because such individual does not meet requirements
relating to availability for work, active search for
work, or refusal to accept work, because such
individual is seeking, or is available for, less than
full-time work, compensation under this title shall not
be denied by such State to an otherwise eligible
individual who seeks less than full-time work or fails
to accept full-time work.
(c) Coordination Rule.--The modifications described in subsection
(b)(2) shall also apply in determining the amount of benefits payable
under any Federal law to the extent that those benefits are determined
by reference to regular compensation payable under the State law of the
State involved.
SEC. 202. PAYMENTS TO STATES HAVING AGREEMENTS UNDER THIS TITLE.
(a) General Rule.--There shall be paid to each State which has
entered into an agreement under this title an amount equal to--
(1) 100 percent of any regular compensation made payable to
individuals by such State by virtue of the modifications which
are described in section 201(b)(2) and deemed to be in effect
with respect to such State pursuant to section 201(b)(1), and
(2) 100 percent of any regular compensation--
(A) which is paid to individuals by such State by
reason of the fact that its State law contains
provisions comparable to the modifications described in
section 201(b)(2), but only
(B) to the extent that those amounts would, if such
amounts were instead payable by virtue of the State
law's being deemed to be so modified pursuant to
section 201(b)(1), have been reimbursable under
paragraph (1).
(b) Determination of Amount.--Sums under subsection (a) payable to
any State by reason of such State having an agreement under this title
shall be payable, either in advance or by way of reimbursement (as may
be determined by the Secretary), in such amounts as the Secretary
estimates the State will be entitled to receive under this title for
each calendar month, reduced or increased, as the case may be, by any
amount by which the Secretary finds that the Secretary's estimates for
any prior calendar month were greater or less than the amounts which
should have been paid to the State. Such estimates may be made on the
basis of such statistical, sampling, or other method as may be agreed
upon by the Secretary and the State agency of the State involved.
(c) Administrative and Other Expenses.--There is hereby
appropriated out of the employment security administration account of
the Unemployment Trust Fund (as established by section 901(a) of the
Social Security Act) $500,000,000 to reimburse States for the costs of
the administration of agreements under this title (including any
improvements in technology in connection therewith) and to provide
reemployment services to unemployment compensation claimants in States
having agreements under this title. Each State's share of the amount
appropriated by the preceding sentence shall be determined by the
Secretary according to the factors described in section 302(a) of the
Social Security Act and certified by the Secretary to the Secretary of
the Treasury.
SEC. 203. FINANCING PROVISIONS.
(a) In General.--Funds in the extended unemployment compensation
account (as established by section 905(a) of the Social Security Act),
and the Federal unemployment account (as established by section 904(g)
of the Social Security Act), of the Unemployment Trust Fund shall be
used, in accordance with subsection (b), for the making of payments
(described in section 202(a)) to States having agreements entered into
under this title.
(b) Certification.--The Secretary shall from time to time certify
to the Secretary of the Treasury for payment to each State the sums
described in section 202(a) which are payable to such State under this
title. The Secretary of the Treasury, prior to audit or settlement by
the General Accounting Office, shall make payments to the State in
accordance with such certification by transfers from the extended
unemployment compensation account (or, to the extent that there are
insufficient funds in that account, from the Federal unemployment
account) to the account of such State in the Unemployment Trust Fund.
SEC. 204. DEFINITIONS.
For purposes of this title:
(1) In general.--The terms ``compensation'', ``regular
compensation'', ``base period'', ``State'', ``State agency'',
``State law'', and ``week'' have the respective meanings given
such terms under section 205 of the Federal-State Extended
Unemployment Compensation Act of 1970, subject to paragraph
(2).
(2) State law and regular compensation.--In the case of a
State entering into an agreement under this title--
(A) ``State law'' shall be considered to refer to
the State law of such State, applied in conformance
with the modifications described in section 201(b)(2),
and
(B) ``regular compensation'' shall be considered to
refer to such compensation, determined under its State
law (applied in the manner described in subparagraph
(A)),
except as otherwise provided or where the context clearly
indicates otherwise.
SEC. 205. APPLICABILITY.
An agreement entered into under this title shall apply to weeks of
unemployment--
(1) beginning after the date on which such agreement is
entered into, and
(2) ending before January 1, 2005. | Emergency Unemployment Compensation Act - Amends the Temporary Extended Unemployment Compensation Act of 2002 (TEUCA) to: (1) extend the TEUC program; (2) provide for additional weeks of TEUC benefits; (3) revise unemployment rate triggers for TEUC benefit periods; and (4) provide for regular unemployment compensation for certain individuals based on part-time work or an alternative base period.
Extends the TEUC program through weeks of unemployment ending before July 1, 2004. Provides a phase-out period for individual payments up to weeks beginning after December 31, 2004.
Increases to 26 weeks an eligible individual's TEUC payments. Provides for an additional seven weeks of payments, for a total of 33 weeks, for individuals in high-unemployment States (TEUC-X). (Current law provides 13 weeks of regular TEUC payments, with an additional 13 and total 26 in TEUC-X States.)
Revises requirements for determining TEUC-X States, using certain triggers based on insured unemployment rates and on total unemployment rates.
Establishes a program of payments to States to provide regular unemployment compensation benefits for individuals who otherwise would be ineligible because: (1) the base period does not count wages earned in the most recently completed calendar quarter; or (2) the individuals seek or are available for less than full-time work. | {"src": "billsum_train", "title": "To provide extended unemployment benefits to displaced workers, and to make other improvements in the unemployment insurance system."} | 3,584 | 295 | 0.53188 | 1.475359 | 0.745333 | 2.455598 | 12.220077 | 0.872587 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Renewable Energy Investment Act of
2003.''
SEC. 2. DEFINITIONS.
In this Act:
(1) Biomass.--
(A) In general.--The term ``biomass'' means--
(i) organic material from a plant that is
planted for the purpose of being used to
produce energy;
(ii) nonhazardous, cellulosic or
agricultural waste material that is segregated
from other waste materials and is derived
from--
(I) a forest-related resource,
including--
(aa) mill and harvesting
residue;
(bb) precommercial
thinnings;
(cc) slash; and
(dd) brush;
(II) an agricultural resource,
including--
(aa) orchard tree crops;
(bb) vineyards;
(cc) grains;
(dd) legumes;
(ee) sugar; and
(ff) other crop byproducts
or residues; or
(III) miscellaneous waste such as--
(aa) waste pallet;
(bb) crate; and
(cc) landscape or right-of-
way tree trimmings; and
(iii) animal waste that is converted to a
fuel rather than directly combusted, the
residue of which is converted to a biological
fertilizer, oil, or activated carbon.
(B) Exclusions.--The term ``biomass'' does not
include--
(i) incineration of municipal solid waste;
(ii) recyclable postconsumer waste paper;
(iii) painted, treated, or pressurized
wood;
(iv) wood contaminated with plastic or
metal; or
(v) tires.
(2) Distributed generation.--The term ``distributed
generation'' means reduced electricity consumption from the
electric grid due to use by a customer of renewable energy
generated at a customer site.
(3) Incremental hydropower.--The term ``incremental
hydropower'' means additional generation achieved from
increased efficiency after January 1, 2003, at a hydroelectric
dam that was placed in service before January 1, 2003.
(4) Landfill gas.--The term ``landfill gas'' means gas
generated from the decomposition of household solid waste,
commercial solid waste, or industrial solid waste disposed of
in a municipal solid waste landfill unit (as those terms are
defined in regulations promulgated under subtitle D of the
Solid Waste Disposal Act (42 U.S.C. 6941 et seq.)).
(5) Renewable energy.--The term ``renewable energy'' means
electricity generated from--
(A) a renewable energy source; or
(B) hydrogen that is produced from a renewable
energy source.
(6) Renewable energy source.--The term ``renewable energy
source'' means--
(A) wind;
(B) ocean waves;
(C) biomass;
(D) solar sources;
(E) landfill gas;
(F) incremental hydropower; or
(G) a geothermal source.
(7) Retail electric supplier.--The term ``retail electric
supplier'', with respect to any calendar year, means a person
or entity that--
(A) sells retail electricity to consumers; and
(B) sold not less than 500,000 megawatt-hours of
electric energy to consumers for purposes other than
resale during the preceding calendar year.
(8) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 3. RENEWABLE ENERGY GENERATION STANDARDS.
(a) Renewable Energy Credits.--
(1) In general.--For each calendar year beginning in
calendar year 2006, each retail electric supplier shall submit
to the Secretary, not later than April 30 of each year,
renewable energy credits in an amount equal to the required
annual percentage of the retail electric supplier's total
amount of kilowatt-hours of nonhydropower electricity sold to
consumers during the previous calendar year.
(2) Carryover of renewable energy credits.--A renewable
energy credit for any year that is not used to satisfy the
minimum requirement for that year may be carried over for use
within the next 2 years.
(b) Required Annual Percentage.--Of the total amount of
nonhydropower electricity sold by each retail electric supplier during
a calendar year, the amount generated by renewable energy sources shall
be not less than the percentage specified below:
Calendar year: Percentage of Renewable energy each
year:
2006-2009..................................... 5
2010-2014..................................... 10
2015-2019..................................... 15
2020 and subsequent years..................... 20.
(c) Submission of Renewable Energy Credits.--
(1) In general.--To meet the requirements under subsection
(a), a retail electric supplier shall submit to the Secretary--
(A) renewable energy credits issued to the retail
electric supplier under subsection (e);
(B) renewable energy credits obtained by purchase
or exchange under subsection (f);
(C) renewable energy credits purchased from the
United States under subsection (g); or
(D) any combination of renewable energy credits
obtained under subsections (e), (f), and (g).
(2) No double counting.--A renewable energy credit may be
counted toward compliance with subsection (a) only once.
(d) Renewable Energy Credit Program.--Not later than 1 year after
the date of enactment of this Act, the Secretary shall establish a
program to issue, monitor the sale or exchange of, and track renewable
energy credits.
(e) Issuance of Renewable Energy Credits.--
(1) Application.--
(A) In general.--Under the program established
under subsection (d), an entity that generates electric
energy through the use of a renewable energy resource
may apply to the Secretary for the issuance of
renewable energy credits.
(B) Contents.--An application under subparagraph
(A) shall indicate--
(i) the type of renewable energy resource
used to produce the electric energy;
(ii) the State in which the electric energy
was produced; and
(iii) any other information that the
Secretary determines to be appropriate.
(2) Issuances.--
(A) In general.--Except as provided in subparagraph
(C), the Secretary shall issue to an entity applying
under this subsection 1 renewable energy credit for
each kilowatt-hour of renewable energy generated in any
State from the date of enactment of this Act and in
each subsequent calendar year.
(B) Vesting.--A renewable energy credit will vest
with the owner of the system or facility that generates
the renewable energy unless the owner explicitly
transfers the renewable energy credit.
(C) Amount.--The Secretary shall issue 3 renewable
energy credits for each kilowatt-hour of distributed
generation.
(3) Eligibility.--
(A) In general.--To be eligible for a renewable
energy credit, the unit of electricity generated
through the use of a renewable energy resource shall be
sold for retail consumption or used by the generator.
(B) Energy generated from a combination of
sources.--If both a renewable energy resource and a
nonrenewable energy resource are used to generate the
electric energy, the Secretary shall issue renewable
energy credits based on the proportion of the renewable
energy resource used.
(C) Identification of type and date.--The Secretary
shall identify renewable energy credits by the type and
date of generation.
(4) Sale under contract under purpa.--In a case in which a
generator sells electric energy generated through the use of a
renewable energy resource to a retail electric supplier under a
contract subject to section 210 of the Public Utilities
Regulatory Policies Act of 1978 (16 U.S.C. 824a-3), the retail
electric supplier shall be treated as the generator of the
electric energy for the purposes of this Act for the duration
of the contract.
(f) Sale or Exchange of Renwable Energy Credits.--
(1) In general.--A renewable energy credit may be sold or
exchanged by the entity issued the renewable energy credit or
by any other entity that acquires the renewable energy credit.
(2) Manner of sale.--A renewable energy credit may be sold
or exchanged in any manner not in conflict with existing law,
including on the spot market or by contractual arrangements of
any duration.
(g) Purchase From the United States.--
(1) In general.--The Secretary shall offer renewable energy
credits for sale at the lesser of 3 cents per kilowatt-hour or
110 percent of the average market value of renewable energy
credits for the applicable compliance period.
(2) Adjustment for inflation.--On January 1 of each year
following calendar year 2006, the Secretary shall adjust for
inflation the price charged per renewable energy credit for the
calendar year.
(h) State Programs.--Nothing in this section precludes any State
from requiring additional renewable energy generation in the State
under any renewable energy program conducted by the State not in
conflict with this Act.
(i) Consumer Allocation.--
(1) Rates.--The rates charged to classes of consumers by a
retail electric supplier shall reflect a proportional
percentage of the cost of generating or acquiring the required
annual percentage of renewable energy under subsection (a).
(2) Representations to customers.--A retail electric
supplier shall not represent to any customer or prospective
customer that any product contains more than the percentage of
eligible resources if the additional amount of eligible
resources is being used to satisfy the renewable generation
requirement under subsection (a).
(j) Enforcement.--
(1) In general.--A retail electric supplier that does not
submit renewable energy credits as required under subsection
(a) shall be liable for the payment of a civil penalty.
(2) Amount.--The amount of a civil penalty under paragraph
(1) shall be calculated on the basis of the number of renewable
energy credits not submitted, multiplied by the lesser of 4.5
cents or 300 percent of the average market value of renewable
energy credits for the compliance period.
(k) Information Collection.--The Secretary may collect the
information necessary to verify and audit--
(1) the annual electric energy generation and renewable
energy generation of any entity applying for renewable energy
credits under this section;
(2) the validity of renewable energy credits submitted by a
retail electric supplier to the Secretary; and
(3) the quantity of electricity sales of all retail
electric suppliers.
(l) Voluntary Participation.--The Secretary may issue a renewable
energy credit under subsection (e) to any entity not subject to the
requirements of this Act only if the entity applying for the renewable
energy credit meets the terms and conditions of this Act to the same
extent as entities subject to this Act.
SEC. 4. STATE RENEWABLE ENERGY GRANT PROGRAM.
(a) Distribution of Amounts.--The Secretary shall distribute
amounts received from sales under subsection 3(h) and from amounts
received under subsection 3(k) to States to be used for the purposes of
this section.
(b) Program.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish a program
to promote State renewable energy production and use.
(2) Use of funds.--The Secretary shall make funds available
under this section to State energy agencies for grant programs
for--
(A) renewable energy research and development;
(B) loan guarantees to encourage construction of
renewable energy facilities;
(C) consumer rebate or other programs to offset
costs of small residential or small commercial
renewable energy systems including solar hot water; or
(D) promotion of distributed generation.
(c) Preference.--In allocating funds under the program, the
Secretary shall give preference to--
(1) States that have a disproportionately small share of
economically sustainable renewable energy generation capacity;
and
(2) State grant programs that are most likely to stimulate
or enhance innovative renewable energy technologies. | Renewable Energy Investment Act of 2003 - Requires each retail electric supplier to submit annually to the Secretary of Energy renewable energy credits according to a prescribed annual percentage of the supplier's total amount of kilowatt-hours of nonhydropower electricity sold to consumers during the previous calendar year.
Requires each retail electric supplier during a calendar year to generate a specified percentage of nonhydropower electricty by renewable energy sources, escalating from five percent during calendar 2006 through 2009 by five percent increments during subsequent five-year periods up to twenty percent in calendar 2020 and beyond.
Directs the Secretary to establish a program to issue, monitor the sale or exchange of, and track renewable energy credits.
Authorizes any entity that is issued or has acquired a renewable energy credit to sell or exchange it. Requires the Secretary to sell credits at prices determined by a certain formula.
Subjects to a civil penalty a retail electric supplier who does not submit the requisite renewable energy credits.
Authorizes the Secretary to distribute receipts from sales to the States in order to promote State renewable energy production and use. | {"src": "billsum_train", "title": "A bill to enhance national security, environmental quality, and economic stability by increasing the production of clean, domestically produced renewable energy as a fuel source for the national electric system."} | 2,607 | 244 | 0.332478 | 0.922804 | 0.677279 | 3.485294 | 11.637255 | 0.838235 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Vieques Bioluminescent Bay
Conservation Act of 2008''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The island of Vieques, Puerto Rico, is known for the
natural beauty of its coastal features such as beaches,
lagoons, and bioluminescent bays.
(2) Such bioluminescence is the result of the production
and emission of light by a chemical reaction within a living
organism, the dinoflagellate Pyrodinium bahamense, when it is
agitated.
(3) Puerto Mosquito Bay in Vieques is of national and
international significance because it is among the brightest
bioluminescent marine areas in the world.
(4) The unique biological and physical properties of Puerto
Mosquito Bay, such as its rate of water exchange with the
ocean, water quality, and adjacent mangroves, contribute to a
high density of the bioluminescent dinoflagellate Pyrodinium
bahamense in its waters.
(5) Puerto Mosquito Bay is of great ecological, cultural,
scientific, educational, and economic value to present and
future generations.
(6) Puerto Mosquito Bay is of particular value to the
residents of Puerto Rico because its nearly unparalleled
bioluminescence creates a sense of local pride, wonder, and
enjoyment, and attracts visitors who support the local economy.
(7) Puerto Mosquito Bay's ecosystem is fragile and its
ecological integrity is subject to damage or loss from a
variety of potential disturbances.
(8) The popularity of Puerto Mosquito Bay is a potential
threat because of increasing visitation and related impacts.
(9) The unique characteristics of Puerto Mosquito Bay also
make it vulnerable to physical, biological, and other
disturbances as in other documented cases where bioluminescent
bays have been degraded.
(10) Action is needed to provide comprehensive protection
that would complement current Federal and local management
activities.
(11) The agencies of the United States need to cooperate
fully to achieve the necessary protection of both terrestrial
areas adjacent to and marine resources within Puerto Mosquito
Bay.
(12) The Federal Government and the Government of Puerto
Rico should jointly develop and implement a comprehensive
program to protect nearby terrestrial and marine areas to
maintain water quality and other environmental characteristics
that contribute to the unique nature of Puerto Mosquito Bay.
(13) Designation of Puerto Mosquito Bay as a United Nations
Educational, Scientific, and Cultural Organization Biosphere
Reserve would complement designation as a National Marine
Sanctuary by enhancing research, management, and education
through international communication and cooperation.
SEC. 3. POLICY AND PURPOSES.
(a) Policy.--It is the policy of the United States to protect and
preserve the natural resources of Puerto Mosquito Bay, Puerto Rico,
with special consideration for the bioluminescent organisms that make
this area unique.
(b) Purposes.--The purposes of this Act are--
(1) to protect the resources of the area of Puerto Mosquito
Bay, Puerto Rico, described in section 4(b);
(2) to educate and interpret for the public the unique
elements of the Puerto Mosquito Bay environment;
(3) to utilize the best available science to monitor and
manage the sanctuary to ensure its survival; and
(4) to manage human uses of the Puerto Mosquito Bay
National Marine Sanctuary designated by section 4(a) consistent
with this Act.
SEC. 4. SANCTUARY DESIGNATION.
(a) Designation.--The area described in subsection (b) is
designated as the Puerto Mosquito Bay National Marine Sanctuary under
title III of the Marine Protection, Research, and Sanctuaries Act of
1972 (16 U.S.C. 1431 et seq.) (in this Act referred to as the
``Sanctuary'').
(b) Areas Included.--Except as provided in subsections (c) and (d),
the Sanctuary consists of the submerged lands and waters of Puerto
Mosquito Bay landward of the point where the bay meets the ocean.
(c) Effect of Objection by Governor.--
(1) Objection to designation.--If within 45 days after the
date of the enactment of this title the Governor of Puerto Rico
certifies to the Secretary of Commerce that the designation
under subsection (a) of any area of the Sanctuary is
unacceptable, the designation shall not take effect in that
area.
(2) Objection to management plan or regulations.--If within
45 days after the date of issuance of the comprehensive
management plan and implementing regulations under section 5
the Governor of Puerto Rico certifies to the Secretary that the
management plan, any implementing regulation, or any term of
the plan or regulations is unacceptable, the management plan,
regulation, or term, respectively, shall not take effect.
(3) Termination of designation.--If the Secretary considers
that an action taken under paragraph (1) or (2) by the Governor
of Puerto Rico will affect the Sanctuary in a manner that the
policy and purposes of this Act cannot be fulfilled, the
Secretary may terminate the entire designation under subsection
(a). At least 30 days prior to such termination, the Secretary
shall submit written notification of the proposed termination
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Natural Resources of the House
of Representatives.
(d) Boundary Modifications.--No later than the date of issuance of
the draft environmental impact statement for the Sanctuary under
section 304(a)(1)(C)(vii) of the Marine Protection, Research, and
Sanctuaries Act of 1972 (16 U.S.C. 1434(a)(1)(C)(vii)), the Secretary,
in consultation with the Governor of Puerto Rico, if appropriate, may
make modifications to the boundaries of the Sanctuary as necessary to
fulfill the purposes of this Act. The Secretary shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Natural Resources of the House of Representatives
written notification of such modifications.
SEC. 5. COMPREHENSIVE MANAGEMENT PLAN.
(a) Preparation of Plan.--Not later than 18 months after the date
of enactment of this Act, the Secretary of Commerce, in consultation
with interested persons and appropriate Federal, Puerto Rico, and local
government authorities, shall issue a comprehensive management plan and
implementing regulations to achieve the policy and purposes of this
Act. In developing the plan and regulations, the Secretary of Commerce
shall follow the procedures specified in sections 303 and 304 of the
Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C.
1433 and 1434). Such comprehensive management plan shall--
(1) facilitate all public and private uses of the Sanctuary
consistent with the primary objective of Sanctuary resource
protection;
(2) set forth the allocation of Federal and State
enforcement responsibilities, as jointly agreed by the
Secretary and the Governor of Puerto Rico;
(3) identify needs for research and establish a long-term
ecological monitoring program;
(4) identify potential threats to the Sanctuary from lands
surrounding Puerto Mosquito Bay and from marine areas outside
the mouth of the Bay;
(5) identify alternative sources of funding needed to fully
implement the plan's provisions and supplement appropriations
made available under this Act and section 313 of the Marine
Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C.
1444);
(6) ensure coordination and cooperation between Sanctuary
managers and other Federal, Puerto Rico, and local authorities
with jurisdiction within or adjacent to the Sanctuary; and
(7) promote education, among users of the Sanctuary, about
mangrove conservation and water quality concerns.
(b) Public Participation.--The Secretary of Commerce shall provide
for participation by the general public in the development of the
comprehensive management plan. | Vieques Bioluminescent Bay Conservation Act of 2008 - Designates certain submerged lands and waters of Puerto Mosquito Bay, Puerto Rico, as the Puerto Mosquito Bay National Marine Sanctuary under specified provisions of the Marine Protection, Research, and Sanctuaries Act of 1972. Gives the governor of Puerto Rico veto power over the designation of any part of that area and over the related management plan and regulations. Directs the Secretary of Commerce to issue a comprehensive management plan and implementing regulations. | {"src": "billsum_train", "title": "To designate Puerto Mosquito Bay National Marine Sanctuary in Puerto Rico, and for other purposes."} | 1,656 | 111 | 0.548785 | 1.650179 | 0.508103 | 4.735632 | 17.701149 | 0.896552 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Newborns' and Mothers' Health
Protection Act of 1996''.
SEC. 2. FINDING.
Congress finds that--
(1) the length of post-delivery inpatient care should be
based on the unique characteristics of each mother and her
newborn child, taking into consideration the health of the
mother, the health and stability of the infant, the ability and
confidence of the mother to care for her infant, the adequacy
of support systems at home, and the access of the mother and
infant to appropriate follow-up health care; and
(2) the timing of the discharge of a mother and her newborn
child from the hospital should be made by the attending
provider in consultation with the mother.
SEC. 3. NEWBORNS' AND MOTHERS' HEALTH PROTECTION.
(a) In General.--The Internal Revenue Code of 1986 is amended by
adding at the end the following:
``Subtitle K--Newborns' and Mothers' Health Protection
``CHAPTER 100--NEWBORNS' AND MOTHERS' HEALTH PROTECTION
``Sec. 9801. Imposition of tax for failure to meet newborns' and
mothers' health protection requirements.
``Sec. 9802. Required coverage for minimum inpatient stay following
birth.
``Sec. 9803. Definitions; general provisions.
``SEC. 9801. IMPOSITION OF TAX FOR FAILURE TO MEET NEWBORNS' AND
MOTHERS' HEALTH PROTECTION REQUIREMENTS.
``(a) Health Insurance Coverage.--
``(1) In general.--There is hereby imposed a tax on an
insurer or health maintenance organization that offers health
insurance coverage which the Secretary of Health and Human
Services certifies to the Secretary fails to meet an applicable
requirement specified in section 9802 at any time during a
calendar year.
``(2) Amount of tax.--The amount of tax imposed by
paragraph (1) shall be equal to 25 percent of the premiums
received under such coverage during the calendar year.
``(3) Premium.--For purposes of this subsection, the term
`premium' means the gross amount of premiums and other
consideration (including advance premiums, deposits, fees, and
assessments) arising from health insurance coverage issued by
an insurer or health maintenance organization, adjusted for any
return or additional premiums paid as a result of endorsements,
cancellations, audits, or retrospective rating.
``(4) Exemption if state regulation.--No tax shall be
imposed under paragraph (1) for a failure of an insurer or
organization to meet a requirement if the insurer or
organization is regulated by a State, unless the Secretary of
Health and Human Services has determined that such State has
not provided for enforcement of State laws which govern the
same matters as are governed by such requirement and which
assure substantial compliance by insurers or organizations with
such a requirement.
``(b) Group Health Plans.--
``(1) In general.--There is hereby imposed a tax on a plan
sponsor (as defined in section 3 of the Employee Retirement
Income Security Act of 1974) of a group health plan which the
Secretary of Labor certifies to the Secretary fails to meet an
applicable requirement of section 9802 at any time during a
calendar year.
``(2) Amount of tax.--The amount of tax imposed by
paragraph (1) shall be equal to 25 percent of the group health
plan coverage expenditures for such calendar year under such
plan.
``(3) Group health plan coverage expenditures.--For
purposes of this subsection, the group health plan coverage
expenditures of any self-insured group health plan for any
calendar year are the aggregate expenditures for such year for
health benefits provided under such plan to the extent that
health benefits are provided other than through health insurance
coverage.
``(c) Waiver.--If the Secretary of Health and Human Services finds,
with respect to an insurer or health maintenance organization, or the
Secretary of Labor finds, with respect to a group health plan, that a
failure of such insurer, organization, or plan is due to reasonable
cause and not to willful neglect and certifies such fact to the
Secretary of the Treasury, the Secretary of the Treasury may waive part
or all of the tax imposed by this section to the extent that the
Secretary of Health and Human Services or the Secretary of Labor (as
the case may be) finds that payment of such tax would be excessive
relative to the failure involved.
``SEC. 9802. REQUIRED MINIMUM CHILDBIRTH BENEFITS.
``(a) Minimum Childbirth Benefits.--If an insurer or health
maintenance organization provides health insurance coverage that
includes any benefits for inpatient care for childbirth for a mother or
newborn child or if a group health plan includes any such benefits, the
insurer, organization, or plan shall meet the following requirements:
``(1) Minimum length of stay for inpatient care benefits.--
The coverage or plan shall provide benefits for inpatient care
for childbirth for a minimum length of stay of 48 hours
following a vaginal delivery and a minimum length of stay of 96
hours following a caesarean section.
``(2) Coverage of post-delivery follow-up care.--If an
attending provider, in consultation with the mother, decides to
discharge a covered mother or newborn child from an inpatient
setting before the expiration of the minimum length of stay
period described in paragraph (1), the coverage or plan shall
include benefits for timely post-delivery care by a registered
nurse, physician, nurse practitioner, nurse midwife or
physician assistant experienced in maternal and child health in
the home, a provider's office, a hospital, a federally
qualified health center, a federally qualified rural health
clinic, a State health department maternity clinic, or another
setting (such as a birthing center or an intermediate care
facility) determined appropriate under regulations promulgated
by the Secretary of Health and Human Services.
``(3) Notice.--The insurer, organization, or plan shall
provide notice to each enrollee eligible for childbirth
benefits under this subsection regarding the requirements of
this section.
(b) Prohibitions.--In implementing the requirements of subsection
(a), an insurer, organization, or plan may not--
``(1) require or condition the provision of benefits under
subsection (a) on any authorization or approval of an attending
or other provider;
``(2) deny enrollment, renewal, or continued coverage to a
mother and her newborn child who are otherwise eligible to be
so covered based on compliance with this section;
``(3) provide monetary incentives to mothers to encourage
such mothers to request less than the minimum coverage required
under subsection (a);
``(4) provide incentives (monetary or otherwise) to an
attending provider to induce such provider to provide treatment
in a manner inconsistent with this section; or
``(5) penalize or otherwise reduce or limit the
reimbursement of an attending provider because such provider
provided treatment in accordance with this section.
``(c) Additional Terms and Conditions.--
``(1) Attending provider.--As used in this section, the
term `attending provider' means, with respect to a mother and
her newborn child, an obstetrician-gynecologist, pediatrician,
family physician, or other physician, or any other health care
provider (such as a nurse midwife or nurse practitioner), who,
acting in accordance with applicable State law, is primarily
responsible for the care of the mother and child.
(2) Timely care defined.--As used in subsection (a)(2), the
term `timely post-delivery care' means health care that is
provided--
``(A) following the discharge of a mother and her
newborn child from the inpatient setting following
childbirth; and
``(B) in a manner that meets the health care needs
of the mother and her newborn child, that provides for
the appropriate monitoring of the conditions of the
mother and child, and that occurs within the 72-hour
period immediately following discharge.
``(3) Regulations regarding appropriate post-care delivery
settings.--The Secretary of Health and Human Services, with
respect to regulations promulgated under subsection (a)(2)
concerning appropriate post-delivery care settings--
``(A) shall ensure that, to the extent practicable,
such regulations are consistent with State licensing
and practice laws,
``(B) shall consider telemedicine and other
innovative means to provide follow-up care, and
``(C) shall consider both urban and rural settings.
``(4) Rule of construction.--Nothing in this section shall
be construed to require that a mother--
``(A) give birth in a hospital; or
``(B) stay in the hospital for a fixed period of
time following the birth of her child.
``(5) Requirements.--The notice required under subsection
(a)(3) shall be in accordance with regulations promulgated by
the Secretary of Health and Human Services. Such regulations
shall provide that the notice shall be in writing, shall be
conspicuous and prominently positioned, and shall be required
to be provided as follows:
``(A) Health insurance coverage.--By an insurer or
health maintenance organization--
``(i) to enrollees described in subsection
(a) who are enrolled on the effective date of
this chapter within 120 days after such
effective date and annually thereafter, and
``(ii) to other enrollees at the time of
enrollment and annually thereafter.
``(B) Group health plans.--By a group health plan--
``(i) to enrollees described in subsection
(a) who are enrolled on the effective date of
this chapter within 120 days after such
effective date, and
``(ii) for plan years beginning on or after
such effective date, as part of its summary
plan description.
``SEC. 9803. DEFINITIONS; GENERAL PROVISIONS.
``(a) Group Health Plan Defined.--For purposes of this chapter--
``(1) In general.--The term `group health plan' means an
employee welfare benefit plan (as defined in section 3(1) of
the Employee Retirement Income Security Act of 1974) to the
extent that the plan provides medical care directly or through
insurance, reimbursement, or otherwise, and includes a group
health plan within the meaning of section 5000(b)(1).
``(2) Exclusion of plans with limited coverage.--An
employee welfare benefit plan shall be treated as a group
health plan under this chapter only with respect to medical
care which is provided under the plan and which does not
consist of coverage excluded from the definition of health
insurance coverage under subsection (b)(1)(B).
``(3) Exclusion of church plans.--The requirements of this
chapter insofar as they apply to group health plans shall not
apply to church plans (as defined in section 3(33) of the
Employee Retirement Income Security Act of 1974).
``(4) Treatment of governmental plans.--If the plan sponsor
of a governmental plan (as such terms are defined in section 3
of the Employee Retirement Income Security Act of 1974) which
is a group health plan to which the provisions of this chapter
otherwise apply makes an election under this paragraph for any
specified period (in such form and manner as the Secretary of
Health and Human Services may by regulations prescribe), then
the requirements of this chapter insofar as they apply to group
health plans shall not apply to such governmental plans for
such period.
``(b) Definitions Relating to Health Insurance Coverage.--As used
in this chapter--
``(1) Health insurance coverage.--
``(A) In general.--Except as provided in
subparagraph (B), the term `health insurance coverage'
means benefits consisting of medical care (provided
directly, through insurance or reimbursement, or
otherwise) under any hospital or medical service policy
or certificate, hospital or medical service plan
contract, or health maintenance organization group
contract offered by an insurer or a health maintenance
organization.
``(B) Exception.--Such term does not include
coverage under any separate policy, certificate, or
contract only for one or more of any of the following:
``(i) Coverage only for accident, or
disability income insurance, or any combination
thereof.
``(ii) Medicare supplemental health
insurance (as defined under section 1882(g)(1)
of the Social Security Act).
``(iii) Coverage issued as a supplement to
liability insurance.
``(iv) Liability insurance, including
general liability insurance and automobile
liability insurance.
``(v) Workers compensation or similar
insurance.
``(vi) Automobile medical payment
insurance.
``(vii) Coverage for a specified disease or
illness.
``(viii) Hospital or fixed indemnity
insurance.
``(ix) Short-term limited duration
insurance.
``(x) Credit-only, dental-only, or vision-
only insurance.
``(xi) A health insurance policy providing
benefits only for long-term care, nursing home
care, home health care, community-based care,
or any combination thereof.
``(2) Health maintenance organization.--The term `health
maintenance organization' means--
``(A) a federally qualified health maintenance
organization (as defined in section 1301(a) of the
Public Health Service Act (42 U.S.C. 300e(a))),
``(B) an organization recognized under State law as
a health maintenance organization, or
``(C) a similar organization regulated under State
law for solvency in the same manner and to the same
extent as such a health maintenance organization,
if the organization is subject to State law which regulates
insurance (within the meaning of section 514(b)(2) of the
Employee Retirement Income Security Act of 1974).
``(3) Insurer.--The term `insurer' means an insurance
company, insurance service, or insurance organization which is
licensed to engage in the business of insurance in a State and
which is subject to State law which regulates insurance (within
the meaning of section 514(b)(2)(A) of the Employee Retirement
Income Security Act of 1974).
``(c) Other Definitions.--As used in this chapter--
``(1) Medical care.--The term `medical care' means--
``(A) amounts paid for, or items or services in the
form of, the diagnosis, cure, mitigation, treatment, or
prevention of disease, or amounts paid for, or items or
services provided for, the purpose of affecting any
structure or function of the body,
``(B) amounts paid for, or services in the form of,
transportation primarily for and essential to medical
care referred to in subparagraph (A), and
``(C) amounts paid for insurance covering medical
care referred to in subparagraphs (A) and (B).
``(2) State.--The term `State' includes the District of
Columbia, Puerto Rico, the Virgin Islands, Guam, American
Samoa, and the Northern Mariana Islands.
``(d) Nonpreemption.--
``(1) In general.--The provisions of this chapter shall not
preempt those provisions of State law that provide protections
that are not less than the protections provided under this
chapter, including any--
``(A) requirement that health insurance coverage
provide for maternity and pediatric care that is in
accordance with guidelines established by the American
College of Obstetricians and Gynecologists and the
American Academy of Pediatrics, and
``(B) leaving decisions regarding the appropriate
length of inpatient care for a mother and her newborn
child entirely to the attending provider in
consultation with the mother.
``(2) No override of erisa preemption.--Nothing in this
chapter shall be construed to affect or modify the provisions
of section 514 of the Employee Retirement Income Security Act
of 1974 (29 U.S.C. 1144).
``(e) Regulations.--Regulations promulgated by the Secretary to
carry out this chapter shall be promulgated in consultation with the
Secretary of Health and Human Services.''.
(b) Effective Date.--The amendments made by this section shall
apply--
(1) to health insurance coverage for contract years
beginning on or after January 1, 1997; and
(2) to group health plans as of the first day of the first
plan year beginning on or after January 1, 1997.
(c) Clerical Amendment.--The table of contents for the Internal
Revenue Code of 1986 is amended by adding after the item relating to
subtitle J the following new item:
``Subtitle K. Newborns' and Mothers'
Health Protection.'' | Newborns' and Mothers' Health Protection Act of 1996 - Amends the Internal Revenue Code to impose a tax on an insurer, health maintenance organization (HMO), or group health plan sponsor that (if it provides any inpatient childbirth benefits for a mother or newborn) fails to provide: (1) inpatient benefits for a minimum period after delivery; and (2) if the mother or newborn are discharged before the end of that period, certain post-delivery follow-up care. Prohibits an insurer, HMO, or plan from using certain types of penalties or inducements regarding mothers or providers. Declares that the provisions of this Act do not preempt provisions of State law that provide protections that are not less than the protections under this Act. | {"src": "billsum_train", "title": "Newborns' and Mothers' Health Protection Act of 1996"} | 3,685 | 166 | 0.588331 | 1.603468 | 0.696196 | 2.650685 | 23.383562 | 0.869863 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chacoan Outliers Protection Act of
1994''.
SEC. 2. CONFORMING AMENDMENT.
Section 501(b) of Public Law 96-550 (16 U.S.C. 410ii(b)) is amended
by striking ``San Juan Basin;'' and inserting in lieu thereof, ``San
Juan Basin and surrounding areas;''.
SEC. 3. ADDITIONS TO CHACO CULTURE ARCHEOLOGICAL PROTECTION SITES.
Subsection 502(b) of Public Law 96-550 (16 U.S.C. 410ii-1(b)) is
amended to read as follows:
``(b)(1) Thirty-nine outlying sites as generally depicted on a map
entitled `Chaco Culture Archeological Protection Sites', numbered 310/
80,033-B and dated September 1991, are hereby designated as `Chaco
Culture Archeological Protection Sites'. The thirty-nine archeological
protection sites totaling approximately 14,372 acres identified as
follows:
``Name: Acres
Allentown.............................................. 380
Andrews Ranch.......................................... 950
Bee Burrow............................................. 480
Bisa'ani............................................... 131
Casa del Rio........................................... 40
Casamero............................................... 160
Chimney Rock........................................... 3,160
Coolidge............................................... 450
Dalton Pass............................................ 135
Dittert................................................ 480
Great Bend............................................. 26
Greenlee Ruin.......................................... 60
Grey Hill Spring....................................... 23
Guadalupe.............................................. 115
Halfway House.......................................... 40
Haystack............................................... 565
Hogback................................................ 453
Indian Creek........................................... 100
Jaquez................................................. 66
Kin Nizhoni............................................ 726
Lake Valley............................................ 30
Manuelito-Atsee Nitsaa................................. 60
Manuelito-Kin Hochoi................................... 116
Morris 41.............................................. 85
Muddy Water............................................ 1,090
Navajo Springs......................................... 260
Newcomb................................................ 50
Peach Springs.......................................... 1,046
Pierre's Site.......................................... 440
Raton Well............................................. 23
Salmon Ruin............................................ 5
San Mateo.............................................. 61
Sanostee............................................... 1,565
Section 8.............................................. 10
Skunk Springs/Crumbled House........................... 533
Standing Rock.......................................... 348
Toh-la-kai............................................. 10
Twin Angeles........................................... 40
Upper Kin Klizhin...................................... 60.
``(2) The map referred to in paragraph (1) shall be kept on file
and available for public inspection in the appropriate offices of the
National Park Service, the office of the State Director of the Bureau
of Land Management located in Santa Fe, New Mexico, the office of the
Area Director of the Bureau of Indian Affairs located in Window Rock,
Arizona, and the offices of the Arizona and New Mexico State Historic
Preservation Officers.''.
SEC. 4. ACQUISITIONS.
Section 504(c)(2) of Public Law 96-550 (16 U.S.C. 410ii-3(c)(2)) is
amended to read as follows:
``(2) The Secretary shall seek to use a combination of land
acquisition authority under this section and cooperative
agreements (pursuant to section 505) to accomplish the purposes
of archeological resource protection at those sites described
in section 502(b) that remain in private ownership.''.
SEC. 5. ASSISTANCE TO THE NAVAJO NATION.
Section 506 of Public Law 96-550 (16 U.S.C. 410ii-5) is amended by
adding the following new subsection at the end thereof:
``(f) The Secretary, acting through the Director of the National
Park Service, shall assist the Navajo Nation in the protection and
management of those Chaco Culture Archeological Protection Sites
located on lands under the jurisdiction of the Navajo Nation through a
grant, contract, or cooperative agreement entered into pursuant to the
Indian Self-Determination and Education Act (Public Law 93-638), as
amended, to assist the Navajo Nation in site planning, resource
protection, interpretation, resource management actions, and such other
purposes as may be identified in such grant, contract, or cooperative
agreement. This cooperative assistance shall include assistance with
the development of a Navajo facility to serve those who seek to
appreciate the Chacoan Outlier Sites.''.
Passed the House of Representatives August 8, 1994.
Attest:
DONNALD K. ANDERSON,
Clerk. | Chacoan Outliers Protection Act of 1994 - Designates nine new outlying areas as Chaco Culture Archaeological Protection Sites associated with Chacoan Anasazi Indian culture in the San Juan Basin and surrounding areas of New Mexico and Colorado. Expands the boundaries and removes or reduces the acreage of certain existing Sites.
Directs the Secretary of the Interior to use a combination of land acquisition authority and cooperative agreements to accomplish the purposes of archeological resource protection at such sites.
Directs the Secretary, acting through the Director of the National Park Service, to assist the Navajo Nation in the: (1) protection and management of such Sites located on lands of the Navajos through a grant, contract, or cooperative agreement entered into pursuant to the Indian Self-Determination and Education Act; and (2) development of a Navajo facility to serve those who seek to appreciate the Chacoan Outlier Sites. | {"src": "billsum_train", "title": "Chacoan Outliers Protection Act of 1994"} | 1,096 | 209 | 0.527818 | 1.441048 | 0.762072 | 4.406061 | 5.012121 | 0.890909 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Section 515 Rural Housing Property
Transfer Improvement Act of 2008''.
SEC. 2. CONGRESSIONAL FINDINGS.
Congress finds that--
(1) providing rural housing for poor families in the United
States has been an important goal, and the primary reason for
enactment, of the Housing Act of 1949;
(2) rural multifamily housing financed under the section
515 of the Housing Act of 1949 has been an essential resource
for providing affordable housing for some of the Nation's
poorest families;
(3) the majority of the approximately 16,000 projects
financed under section 515 that currently have loans
outstanding were constructed more than 25 years ago and need
new financing in order to continue to provide decent,
affordable housing for families eligible to reside in such
housing;
(4) many owners of such projects are working to transfer
the properties, which often involves leveraging Federal
resources with private and commercial resources; and
(5) the Secretary of Agriculture should protect the
portfolio of section 515 projects by making administrative and
procedural changes to process ownership transfers in a
commercially reasonable time and manner when such transfers
will further the preservation of such projects for use as
affordable housing for families eligible to reside in such
housing.
SEC. 3. TRANSFERS OF SECTION 515 RURAL MULTIFAMILY HOUSING PROJECTS.
Section 515(h) of the Housing Act of 1949 (42 U.S.C. 1485) is
amended--
(1) by inserting ``(1) Condition.--'' after ``(h)''; and
(2) by adding at the end the following:
``(2) Transfers for Preservation and Rehabilitation of Projects.--
``(A) In general.--The Secretary shall make such
administrative and procedural changes as may be necessary to
expedite the approval of applications to transfer ownership of
projects for which a loan is made or insured under this section
for the preservation, continued use restriction, and
rehabilitation of such projects. Such changes may include
changing approval procedures, increasing staff and resources,
improving outreach to project sponsors regarding information
that is required to be submitted for such approvals, changing
approval authority between national offices and the State and
local offices, simplifying approval requirements, establishing
uniformity of transfer requirements among State offices, and
any other actions which would expedite approvals.
``(B) Consultation.--The Secretary of Agriculture shall
consult with the Commissioner of the Internal Revenue Service
and the Secretary of Housing and Urban Development, and take
such actions as are appropriate in conjunction with such
consultation, to simplify the coordination of rules,
regulations, forms (including applications for transfers of
project ownership), and approval requirements for housing
projects for which assistance is provided by the Secretary of
Agriculture and under any low-income housing tax credits under
section 42 of the Internal Revenue Code of 1986 or tax-exempt
housing bonds. The Secretary of Agriculture shall involve the
State Rural Development offices of Department of Agriculture
and the Administrator of the Rural Housing Service in the
consultations under this subparagraph as the Secretary
considers appropriate.
``(C) Preservation and rehabilitation.--The Secretary shall
actively facilitate transfers of the ownership of projects that
will result in the preservation, continued use restriction, and
rehabilitation of such projects.
``(D) Final authority over transfers.--The Office of Rental
Housing Preservation of the Rural Housing Service, established
under section 537, shall have final regulatory authority over
all transfers of properties for which a loan is made or insured
under this section, and such Office may, with respect to such
transfers, work with and seek recommendations from the State
Rural Development offices of the Department of Agriculture.
``(E) Deadlines for processing of transfer applications.--
``(i) Procedure.--If a complete application, as
determined by the Secretary, for a transfer of
ownership of a project or projects is not processed,
and approved or denied, by the State Rural Development
office to which it is submitted before the applicable
deadline under clause (ii)--
``(I) such State or local office shall not
have any further authority to approve or deny
the application;
``(II) such State or local office shall
transfer the application in accordance with
subclause (III); and
``(III) such application shall be
processed, and approved or denied, in
accordance with clause (iii) and only by the
Office of Rental Housing Preservation, which
may make the final determination with the
assistance of other Rural Development
employees.
``(ii) Deadline for state and local offices.--The
applicable deadline under this clause for processing,
and approval or denial, of a complete application for
transfer of ownership of a project, or projects, shall
be the period that begins upon receipt of the complete
application by the State Rural Development office to
which it is submitted and consists of--
``(I) in the case of an application for
transfer of ownership of a single project, 45
days;
``(II) in the case of an application for
transfer of ownership of multiple projects, but
not exceeding 10 projects, 90 days; and
``(III) in the case of an application for
transfer of ownership of 11 or more projects,
120 days.
``(iii) Deadline for office of rental housing
preservation.--In the case of any complete application
for a transfer of ownership of a project, or projects,
that is transferred pursuant to clause (i), shall be
processed, and approved or denied, before the
expiration of the period that begins upon receipt of
the complete application and consists of--
``(I) in the case of an application for
transfer of ownership of a single project, 30
days;
``(II) in the case of an application for
transfer of ownership of multiple projects, but
not exceeding 10 projects, 60 days; and
``(III) in the case of an application for
transfer of ownership of 11 or more projects,
120 days.
``(iv) Appeals.--Only decisions regarding complete
applications shall be appealable to the National
Appeals Division of the Department of Agriculture.''.
SEC. 4. REPORT.
Not later than July 1, 2008, the Secretary of Agriculture shall
submit a report to the Committee on Banking, Housing, and Urban Affairs
of the Senate and the Committee on Financial Services of the House of
Representatives that--
(1) identifies the actions that the Secretary has taken to
coordinate with other Federal agencies, including the
Department of Housing and Urban Development and the Internal
Revenue Service, and, in particular, with the program for
rental assistance under section 8 of the United States Housing
Act of 1937, the multifamily mortgage insurance programs under
title II of the National Housing Act, the program under section
42 of the Internal Revenue Code of 1986 for low-income housing
tax credits, and the program for tax-exempt bonds under section
142 of such Code;
(2) identifies and describes any resulting improvements
within Rural Housing Service of the Department of Agriculture
in expediting the transfer of ownership of projects with loans
made or insured under section 515 of the Housing Act of 1949;
and
(3) makes recommendations for any legislative changes that
are needed for the prompt processing of applications for such
ownership transfers and for the transfer of such projects. | Section 515 Rural Housing Property Transfer Improvement Act of 2008 - Amends the Housing Act of 1949 to direct the Secretary of Agriculture to: (1) implement administrative and procedural changes to expedite the application approval process for transferring ownership of Section 515 rural multifamily housing projects for which a loan is either made or insured for a project's preservation, continued use restriction, and rehabilitation; and (2) actively facilitate such transfers.
Grants final regulatory authority over such property transfers to the Office of Rental Housing Preservation of the Rural Housing Service of the Department of Agriculture.
Sets forth deadlines for the processing of transfer applications. | {"src": "billsum_train", "title": "A bill to expedite the transfer of ownership of rural multifamily housing projects with loans made or insured under section 515 of the Housing Act of 1949 so that such projects are rehabilitated and preserved for use for affordable housing."} | 1,532 | 129 | 0.642385 | 1.901521 | 0.684225 | 3.474576 | 12.889831 | 0.932203 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``West Virginia Rivers Conservation
Act of 1994''.
SEC. 2. NEW RIVER GORGE NATIONAL RIVER.
Section 1101 of the National Parks and Recreation Act of 1978 (16
U.S.C. 460m-15) is amended by striking ``NERI-80,023, dated January
1987'' and inserting ``NERI-80,028, dated January 1993''.
SEC. 3. GAULEY RIVER NATIONAL RECREATION AREA.
Section 201(b) of the West Virginia National Interest River
Conservation Act of 1987 (16 U.S.C. 460ww(b)) is amended by striking
``NRA-GR/20,000A and dated July 1987'' and inserting ``GARI-80,001 and
dated January 1993''.
SEC. 4. BLUESTONE NATIONAL SCENIC RIVER.
Section 3(a)(65) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)(65)) is amended by striking ``WSR-BLU/20,000, and dated January
1987'' and inserting ``BLUE-80,004, and dated January 1993''.
SEC. 5. DESIGNATION OF UPPER NEW RIVER, WEST VIRGINIA.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
is amended by adding at the end the following new paragraph:
``( ) Upper New River, West Virginia.--(A) The segment in Summers
County, West Virginia, from the West Virginia-Virginia State line
downstream for approximately 14.5 miles as depicted on the boundary map
entitled `Upper New Wild and Scenic River', numbered UPNE 80,000 and
dated July 1993 to be administered by the Secretary of the Interior as
a scenic river.
``(B) The acreage limitation set forth in subsection (b) shall not
apply to the segment designated under this paragraph. Nothing in this
Act shall preclude the improvement of any existing road or right-of-way
within the boundaries of the segment designated under this paragraph.
``(C) Jurisdiction over all lands and improvements on such lands
owned by the United States within the boundaries of the segment
designated under this paragraph is hereby transferred without
reimbursement to the administrative jurisdiction of the Secretary of
the Interior, subject to the lease in effect on the date of enactment
of this paragraph (or renewed thereafter) between the United States and
the State of West Virginia with respect to the Bluestone Wildlife
Management Area.
``(D) Nothing in this Act shall affect the management by the State
of West Virginia of hunting and fishing within the segment designated
under this paragraph. Nothing in this Act shall affect or impair the
management by the State of West Virginia of other wildlife activities
in the Bluestone Wildlife Management Area to the extent permitted in
the lease agreement in effect on the date of enactment of this
paragraph. Upon request by the State of West Virginia, the Secretary
shall renew such lease agreement with the same terms and conditions as
contained in such lease agreement on the date of enactment of this
paragraph under which State management shall be continued pursuant to
such renewal. If requested to do so by the State of West Virginia, or
as provided in the lease agreement, the Secretary may terminate or
modify the lease and assume administrative authority over all or part
of the areas concerned.
``(E) Nothing in the designation of the segment referred to in this
paragraph shall affect or impair the management of the Bluestone
project or the authority of any department, agency, or instrumentality
of the United States to carry out the purposes of the project.''.
SEC. 6. DESIGNATION OF ELK RIVER AS A STUDY RIVER.
(a) Study.--The Secretary of the Interior shall conduct a study of
the segment of the Elk River, West Virginia, that is reflected on the
Webster Springs Quadrangle (West Virginia) 7.5 minute series
topographic map, United States Geological Survey, to determine its
eligibility and suitability as either--
(1) a component of the national wild and scenic rivers
system;
(2) a unit of the National Park System as a national river;
or
(3) a unit of the National Park System as a national
recreation area.
(b) Report.--Not later than 3 years after the date of enactment of
this Act, the Secretary of the Interior shall submit a report
containing the results of the study conducted pursuant to subsection
(a) to the Committee on Energy and Natural Resources of the Senate and
to the Committee on Natural Resources of the House of Representatives.
(c) Effect on Management.--Nothing in this section shall affect or
impair the management of the Sutton project or the authority of any
department, agency, or instrumentality of the United States to carry
out the purposes of the project on the date of enactment of this
section.
(d) Consultation.--In conducting the study required by this
section, the Secretary shall consult with the West Virginia Division of
Tourism and Parks and the West Virginia Division of Environmental
Protection.
SEC. 7. CONSOLIDATED MANAGEMENT.
To achieve the maximum economy and efficiency of operations in the
administration of the segment of the New River designated by the
amendment made by section 5, the Secretary of the Interior shall
consolidate offices and personnel administering such segment with
offices and personnel administering the New River Gorge National River,
the Gauley River National Recreation Area, and the Bluestone National
Scenic River to the extent practicable, and shall utilize facilities of
the New River Gorge National River to the extent practicable.
SEC. 8. MISCELLANEOUS PROVISIONS.
(a) New River Conforming Amendments.--Title XI of the National
Parks and Recreation Act of 1978 (16 U.S.C. 460m-15 et seq.) is amended
by adding at the end the following new section:
``SEC. 1117. APPLICABLE PROVISIONS OF OTHER LAW.
``(a) Cooperative Agreements.--Section 202(e)(1) of the West
Virginia National Interest River Conservation Act of 1987 (16 U.S.C.
460ww-1(e)(1)) shall apply to the New River Gorge National River in the
same manner and to the same extent as such section applies to the
Gauley River National Recreation Area.
``(b) Remnant Lands.--The second sentence of section 203(a) of the
West Virginia National Interest River Conservation Act of 1987 (16
U.S.C. 460ww-2(a)) shall apply to tracts of land partially within the
boundaries of the New River Gorge National River in the same manner and
to the same extent as such sentence applies to tracts of land partially
within the Gauley River National Recreation Area.''.
(b) Bluestone River Conforming Amendments.--Section 3(a)(65) of the
Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(65)) is amended--
(1) in the fifth sentence, by striking ``leases'' and
inserting ``the lease'';
(2) in the seventh sentence, by striking ``such management
may be continued pursuant to renewal of such lease agreement'';
and
(3) by striking the eighth sentence and inserting the
following: ``Upon request by the State of West Virginia so
requests, the Secretary shall renew such lease agreement with
the same terms and conditions as contained in such lease
agreement on the date of enactment of the West Virginia Rivers
Conservation Act of 1994 under which such State management
shall be continued pursuant to such renewal. Upon request by
the State of West Virginia, or as provided in such lease
agreement, the Secretary may terminate or modify the lease and
assume administrative authority over all or part of the areas
concerned.''.
SEC. 9. GAULEY ACCESS.
Section 202(e) of the West Virginia National Interest River
Conservation Act of 1987 (16 U.S.C. 460ww-1(e)) is amended by adding at
the end the following new paragraph:
``(4) Access to River.--Not later than 90 days after the date of
enactment of this paragraph, the Secretary shall submit a report to the
Committee on Energy and Natural Resources of the Senate and to the
Committee on Natural Resources of the House of Representatives setting
forth a plan to provide river access for noncommercial recreational
users within the Gauley River National Recreation Area. The plan shall
provide that such access shall utilize existing public roads and
rights-of-way to the maximum extent feasible and shall be limited to
providing access for such noncommercial users.''.
SEC. 10. VISITOR CENTER.
The Secretary of the Interior may construct a visitor center and
such other related facilities as may be necessary to facilitate visitor
understanding and enjoyment of the New River Gorge National River and
the Gauley River National Recreation Area in the vicinity of the
confluence of the New River and Gauley River. Such center and related
facilities are authorized to be constructed at a site outside of the
boundary of the New River Gorge National River or the Gauley River
National Recreation Area unless a suitable site is available within the
boundaries of either unit.
SEC. 11. EXTENSION.
For a 5-year period beginning on the date of enactment of this Act,
the provisions of the Wild and Scenic Rivers Act applicable to river
segments designated for study for potential addition to the wild and
scenic rivers system under section 5(b) of such Act (16 U.S.C. 1276(b))
shall apply to the segments of the Bluestone and Meadow Rivers that
were found eligible in the studies completed by the National Park
Service in August 1983 but that were not designated by the West
Virginia National Interest River Conservation Act of 1987 (Public Law
100-534; 102 Stat. 2702) as part of the Bluestone National Scenic River
or as part of the Gauley River National Recreation Area, as the case
may be.
SEC. 12. BLUESTONE RIVER PUBLIC ACCESS.
Section 3(a)(65) of the Wild and Scenic Rivers Act (16 U.S.C
1274(a)(65)) is amended by adding at the end the following new
sentence: ``In order to provide reasonable public access and vehicle
parking for public use and enjoyment of the river designated by this
paragraph, consistent with the preservation and enhancement of the
natural and scenic values of such river, the Secretary may negotiate a
memorandum of understanding or cooperative agreement, or acquire such
lands or interests in such lands, or both, with the consent of the
owner as may be necessary to allow public access to the Bluestone River
and to provide, outside the boundary of the scenic river, parking and
related facilities in the vicinity of the area known as Eads Mill.''.
SEC. 13. GAULEY RIVER BOUNDARY MODIFICATION.
Section 205(c) of the West Virginia National Interest River
Conservation Act of 1987 (16 U.S.C 460ww-4(c)) is amended by adding at
the end the following new sentence: ``If project construction is not
commenced within the time required in such license, or if such license
is surrendered at any time, such boundary modification shall cease to
have any force and effect.''. | West Virginia Rivers Conservation Act of 1994 - Amends the National Parks and Recreation Act of 1978, the West Virginia National Interest River Conservation Act of 1987, and the Wild and Scenic Rivers Act to modify boundaries of the: (1) New River Gorge National River; (2) Gauley River National Recreation Area; and (3) Bluestone National Scenic River.
Amends the Wild and Scenic Rivers Act to designate a segment of the Upper New River, West Virginia, as a component of the National Wild and Scenic River System (NWSRS).
Directs the Secretary of the Interior to study and report to specified congressional committees on the eligibility and suitability of designating a specified segment of the Elk River, West Virginia, as either a component of the NWSRS or a unit of the National Park System (NPS) as a national river or recreation area.
Provides for consolidated management between offices and personnel administering the segment of the Upper New River designated by this Act and offices and personnel administering the New River Gorge National River, the Gauley River National Recreation Area, and the Bluestone National Scenic River.
Amends the National Parks and Recreation Act of 1978 to make provisions of the West Virginia National Interest River Conservation Act of 1987 (the Act) relating to cooperative agreements and remnant lands in the Gauley River National Recreation Area applicable to the New River Gorge National River.
Amends the Act to set forth provisions relating to access of the Gauley River National Recreation Area by certain noncommercial recreational users.
Authorizes the Secretary to construct a visitor center in the vicinity of the confluence of the New and Gauley Rivers.
Extends certain provisions of the Wild and Scenic Rivers Act with respect to segments of the Bluestone and Meadow Rivers that were found eligible for addition to the wild and scenic rivers system in studies completed by NPS in 1983 but that were not designated as part of the Bluestone National Scenic River or the Gauley River National Recreation Area under the Act.
Amends the Wild and Scenic Rivers Act to set forth provisions relating to public access to the Bluestone River.
Ceases the force and effect of any boundary modification of the Gauley River National Recreational Area relating to new project construction in the Area if construction is not commenced within the time required in the license or if such license is surrendered. | {"src": "billsum_train", "title": "West Virginia Rivers Conservation Act of 1994"} | 2,515 | 518 | 0.625532 | 1.94892 | 0.603737 | 4.410023 | 4.949886 | 0.933941 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Transportation Objectives
Act of 2009''.
SEC. 2. ESTABLISHMENT OF NATIONAL TRANSPORTATION OBJECTIVES AND
PERFORMANCE TARGETS.
(a) In General.--Chapter 3 of title 49, United States Code, in
amended:
(1) by redesignating sections 304 through 309 as sections
307 through 312;
(2) by redesignating sections 303 and 303a as sections 305
and 306, respectively; and
(3) by inserting after section 302, the following:
``Sec. 303. National transportation objectives and performance targets
``(a) Statement of Purpose.--The purpose of this section is to
establish national transportation objectives to provide a 21st century
vision for the national surface transportation system and national
transportation performance targets to ensure that transportation
investments result in a national surface transportation system that
meets the needs of the 21st century.
``(b) National Transportation Objectives.--The national
transportation objectives are established and prioritized, as follows:
``(1) Promote energy efficiency and achieve energy
security.
``(2) Ensure environmental protection, restore climate
stability, and resolve persistent environmental justice issues.
``(3) Improve economic competitiveness, system efficiency,
and workplace development opportunities.
``(4) Ensure safety for all transportation users and
improved public health outcomes.
``(5) Improve transportation system conditions and
connectivity.
``(6) Provide equal and equitable access to transportation
options in urban, suburban, and rural communities.
``(c) National Transportation Performance Targets.--The national
transportation performance targets are established for the purpose of
assessing progress in the 20-year period beginning the day after the
date of enactment of the National Transportation Objectives Act of 2009
toward meeting the national transportation objectives, as follows:
``(1) Reduce per capita vehicle miles traveled by 16
percent.
``(2) Triple walking, biking, and public transportation
usage.
``(3) Reduce transportation-generated carbon dioxide level
by 40 percent.
``(4) Reduce delay per capita by 10 percent.
``(5) Increase proportion of freight transportation
provided by railroad and intermodal services by 20 percent.
``(6) Achieve 0 percent population exposure to at-risk
levels of air pollution.
``(7) Improve public safety and lower congestion costs by
reducing traffic crashes by 50 percent.
``(8) Increase share of major highways, regional transit
fleets and facilities, and bicycling/pedestrian infrastructure
in good state of repair condition by 20 percent.
``(9) Reduce average household combined housing plus
transportation costs by 25 percent, using 2000 as a base year.
``(10) Increase by 50 percent the number of essential
destinations (work and non-work) accessible within 30 minutes
by public transportation or 15 minutes by walking, for low-
income, senior, and disabled populations.
``(d) Development of Baseline Levels.--Not later than one year
after the date of enactment of the National Transportation Objectives
Act of 2009, the Secretary of Transportation shall develop baseline
levels for the national transportation performance targets established
by this section and determine appropriate methods of data collection to
assess success in meeting such performance targets.
``(e) Requirements.--The Secretary, consistent with the plan
developed under section 304 and notwithstanding any other provision of
law in effect as of the date of enactment of the National
Transportation Objectives Act of 2009, shall--
``(1) develop appropriate data collections systems for each
Federal surface transportation program in order to evaluate:
``(A) whether such programs are consistent with the
policy, objectives, and performance targets established
by this section; and
``(B) how effective such programs are in
contributing to the achievement of the policy,
objectives, and performance targets established by this
section;
``(2) using the criteria developed under paragraph (1),
annually evaluate each such program and provide the results to
the public;
``(3) based on the evaluation performed under paragraph
(2), make any necessary changes or improvements to such
programs to ensure such consistency and effectiveness;
``(4) align the availability and award of Federal surface
transportation funding to meet the policy, objectives, and
performance targets established by this section, consistent
with the evaluation performed under paragraph (2);
``(5) carry out this section in a manner that is consistent
with sections 302, 5503, 10101, and 13101 of this title and
section 101 of title 23 to the extent that such sections do not
conflict with the policy, objectives, and performance targets
established by this section;
``(6) review, update, and reissue all relevant surface
transportation planning requirements to ensure that such
requirements require that regional, State, and local surface
transportation planning efforts funded with Federal funds are
consistent with the policy, objectives, and performance targets
established by this section; and
``(7) require recipients of Federal surface transportation
funds to annually report on the use of such funds, including a
description of--
``(A) which projects and priorities were funded
with such funds;
``(B) the rationale and method employed for
apportioning such funds to the projects and priorities;
and
``(C) how the obligation of such funds is
consistent with or advances the policy, objectives, and
performance targets established by this section.
``(f) Authority.--
``(1) In general.--Notwithstanding any other provision of
law in effect as of the date of enactment of the National
Transportation Objectives Act of 2009, the Secretary may,
through a process of public notice and comment and with
reasonable prior notice to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives
Committee on Transportation and Infrastructure preceding any
significant change, consistent with the public interest, amend
the performance targets under subsection (c) or develop
additional performance targets to effectively meet the policy
and objectives set forth in this section.
``(2) Recommendations.--The Secretary may also make
recommendations to those Committees for reorganizing the
Department of Transportation, as necessary and consistent with
the requirements of section 304(b)(6), in order to achieve the
policy, objectives, and performance targets established by this
section.
``Sec. 304. National surface transportation performance plan
``(a) Development.--Not later than 2 years after the date of
enactment of the National Transportation Objectives Act of 2009, the
Secretary of Transportation shall develop and implement a National
Surface Transportation Performance Plan to achieve the policy,
objectives, and performance targets set forth in section 303.
``(b) Contents.--The plan shall include--
``(1) an assessment of the current performance of the
national surface transportation system and an analysis of the
system's ability to achieve the policy, objectives, and
performance targets set forth in section 303;
``(2) an analysis of emerging and long-term projected
trends that will impact the performance, needs, and uses of the
national surface transportation system;
``(3) a description of the major impediments to effectively
meeting the policy, objectives, and performance targets set
forth in section 303 and recommended actions to address such
impediments;
``(4) a comprehensive strategy and investment plan to meet
the policy, objectives, and performance targets set forth in
section 303;
``(5) initiatives to improve transportation modeling,
research, data collection, and analysis; and
``(6) a plan for any reorganization of the Department of
Transportation or its agencies necessary to meet the policy,
objectives, and performance targets set forth in section 303.
``(c) Consultation.--In developing the plan required by subsection
(a), the Secretary shall--
``(1) consult with local, State, and tribal governments,
public and private transportation providers and carriers, non-
profit organizations representing transportation employees,
appropriate foreign governments, and other interested parties;
and
``(2) provide public notice and hearings and solicit public
comments on the plan.
``(d) Submittal.--The Secretary shall submit the completed plan to
the Senate Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Transportation and
Infrastructure.
``(e) Progress Reports.--The Secretary shall submit biennial
progress reports on the implementation of the plan beginning 2 years
after the date of submittal of the plan under subsection (d) to the
Committees. The progress report shall--
``(1) describe progress made toward fully implementing the
plan and achieving the policies, objectives, and performance
targets established under section 303;
``(2) describe challenges and obstacles to full
implementation;
``(3) describe updates to the plan necessary to reflect
changed circumstances or new developments; and
``(4) make policy and legislative recommendations the
Secretary believes are necessary and appropriate to fully
implement the plan.
``(f) Data.--The Secretary shall have the authority to conduct
studies, gather information, and require the production of data
necessary to develop or update this plan, consistent with Federal
privacy standards.
``(g) Funding.--The Secretary may use such sums as may be necessary
from any funds provided to the Department of Transportation for surface
transportation programs for the purpose of completing and updating the
plan and developing and issuing the progress reports pursuant to this
section.''.
(b) Conforming Amendments.--
(1) Section 302(a) of title 49, United States Code, is
amended by striking ``10101 and 13101'' and inserting ``303,
10101, and 13101''.
(2) Section 308, as redesignated, of title 49, United
States Code, is amended by striking ``sections 301-09304'' and
inserting ``sections 301 through 307''.
(3) The table of contents for chapter 3 of title 49, United
States Code, is amended--
(A) by redesignating the items relating to sections
303 through 309 as relating to sections 305 through
312; and
(B) by inserting after the item relating to section
302 the following:
``303. National surface transportation policy.
``304. National surface transportation performance plan.''. | National Transportation Objectives Act of 2009 - Establishes: (1) national transportation objectives to provide a 21st century vision for the national surface transportation system, including to promote energy efficiency and achieve energy security, ensure environmental protection and safety for all transportation users, improve economic competitiveness and transportation system conditions, and provide equal access to transportation in urban, suburban, and rural communities; and (2) national transportation performance targets to meet such objectives, including to reduce per capita vehicle miles traveled by 16% and transportation-generated carbon dioxide levels by 40%, triple walking, biking, and public transportation use, increase freight transportation provided by railroad and intermodal services by 20%, and improve public safety and lower congestion costs by reducing traffic crashes by 50%.
Directs the Secretary of Transportation to: (1) develop baseline levels and appropriate data collection systems for meeting the national transportation performance targets; and (2) develop and implement a National Surface Transportation Performance Plan. | {"src": "billsum_train", "title": "To amend title 49, United States Code, to establish national transportation objectives and performance targets for the purpose of assessing progress toward meeting national transportation objectives."} | 2,138 | 187 | 0.729299 | 2.00967 | 0.993098 | 4.462366 | 11.569892 | 0.967742 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Women's Preventive Health Care Act
of 1997''.
SEC. 2. REQUIRING COVERAGE OF SCREENING MAMMOGRAPHY AND PAP SMEARS
UNDER HEALTH PLANS.
(a) Group Health Plans.--
(1) Public health service act amendments.--(A) Subpart 2 of
part A of title XXVII of the Public Health Service Act, as
amended by section 703(a) of Public Law 104-204, is amended by
adding at the end the following new section:
``SEC. 2706. STANDARDS RELATING TO BENEFITS FOR SCREENING MAMMOGRAPHY
AND PAP SMEARS.
``(a) Requirements for Coverage of Screening Mammography and Pap
Smears.--
``(1) In general.--A group health plan, and a health
insurance issuer offering group health insurance coverage,
shall include (consistent with this section)--
``(A) coverage for screening pap smears, and
``(B) coverage for low-dose screening mammography.
``(b) Definitions Relating to Coverage.--In this section:
``(1) Low-dose screening mammography.--The term `low-dose
screening mammography' means a radiologic procedure for the
early detection of breast cancer provided to an asymptomatic
women using equipment dedicated specifically for mammography
and at a facility which meets mammography accreditation
standards established by the Secretary of Health and Human
Services for coverage of screening mammography under the
medicare program under title XVIII of the Social Security Act.
Such term also includes a physician's interpretation of the
results of the procedure.
``(2) Screening pap smear.--The term `screening pap smear'
means a diagnostic laboratory test consisting of a routine
exfoliative cytology test (Papanicolaou test) provided to a
woman for the purpose of early detection of cervical cancer and
includes the examination, the laboratory test itself, and a
physician's interpretation of the results of the test. If the
Secretary of Health and Human Services establishes qualify
standards for facilities furnishing screening pap smears, such
term shall only include a test if the test is performed in a
facility that has been determined to meet such standards.
``(c) Restrictions on Cost-Sharing.--The coverage under this
section shall not provide for the application of deductibles,
coinsurance, or other limitations for low-dose screening mammography or
screening pap smears that are greater than the deductibles,
coinsurance, and limitations that are applied to similar services under
the health insurance coverage or group health plan.
``(d) Frequency of Coverage of Screening Mammography.--
``(1) In general.--Coverage of low-dose screening
mammography is consistent with this section only if it is
provided consistent with the following periodicity schedule:
``(A) Coverage is made available for one baseline
low-dose screening mammography for any woman between 35
and 40 years of age.
``(B) Coverage is made available for such
mammography on an annual basis to any woman who is 50
years of age or older or who is determined by a
physician to be at-risk of breast cancer (as defined in
paragraph (2)).
``(C) Coverage is made available for such
mammography for a woman at least once every other year.
``(2) At-risk of breast cancer.--For purposes of paragraph
(1)(B), a woman is considered to be `at-risk of breast cancer'
if any of the following is true:
``(A) The woman has a personal history of breast
cancer.
``(B) The woman has a personal history of biopsy-
proven benign breast disease.
``(C) The woman's mother, sister, or daughter has
or has had breast cancer.
``(D) The woman has not given birth prior to the
age of 30.
``(e) Frequency of Coverage of Screening Pap Smears.--Coverage of
screening pap smears is consistent with this section only if it is
provided not more often than once every year (or more frequently if
recommended by a physician).
``(f) Prohibitions.--A group health plan, and a health insurance
issuer offering group health insurance coverage in connection with a
group health plan, may not--
``(1) deny to a woman eligibility, or continued
eligibility, to enroll or to renew coverage under the terms of
the plan, solely for the purpose of avoiding the requirements
of this section;
``(2) provide monetary payments or rebates to women to
encourage such women to accept less than the minimum
protections available under this section;
``(3) penalize or otherwise reduce or limit the
reimbursement of an attending provider because such provider
provided care to an individual participant or beneficiary in
accordance with this section; or
``(4) provide incentives (monetary or otherwise) to an
attending provider to induce such provider to provide care to
an individual participant or beneficiary in a manner
inconsistent with this section.
``(g) Rule of Construction.--Nothing in this section shall be
construed to require a woman who is a participant or beneficiary to
undergo a screening mammograph or screening pap smear.
``(h) Notice.--A group health plan under this part shall comply
with the notice requirement under section 713(d) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
of this section as if such section applied to such plan.
``(i) Level and Type of Reimbursements.--Nothing in this section
shall be construed to prevent a group health plan or a health insurance
issuer offering group health insurance coverage from negotiating the
level and type of reimbursement with a provider for care provided in
accordance with this section.
``(j) Preemption.--
``(1) In general.--The provisions of this section do not
preempt State law relating to health insurance coverage to the
extent such State law provides greater protection to women in
relation to the benefits provided under this section.
``(2) Construction.--Section 2723(a)(1) shall not be
construed as superseding a State law described in paragraph
(1).''.
(B) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)), as
amended by section 604(b)(2) of Public Law 104-204, is amended
by striking ``section 2704'' and inserting ``sections 2704 and
2706''.
(2) ERISA amendments.--(A) Subpart B of part 7 of subtitle
B of title I of the Employee Retirement Income Security Act of
1974, as amended by section 702(a) of Public Law 104-204, is
amended by adding at the end the following new section:
``SEC. 713. STANDARDS RELATING TO BENEFITS FOR SCREENING MAMMOGRAPHY
AND PAP SMEARS.
``(a) Requirements for Coverage of Screening Mammography and Pap
Smears.--
``(1) In general.--A group health plan, and a health
insurance issuer offering group health insurance coverage,
shall include (consistent with this section)--
``(A) coverage for screening pap smears, and
``(B) coverage for low-dose screening mammography.
``(b) Definitions Relating to Coverage.--In this section:
``(1) Low-dose screening mammography.--The term `low-dose
screening mammography' means a radiologic procedure for the
early detection of breast cancer provided to an asymptomatic
women using equipment dedicated specifically for mammography
and at a facility which meets mammography accreditation
standards established by the Secretary of Health and Human
Services for coverage of screening mammography under the
medicare program under title XVIII of the Social Security Act.
Such term also includes a physician's interpretation of the
results of the procedure.
``(2) Screening pap smear.--The term `screening pap smear'
means a diagnostic laboratory test consisting of a routine
exfoliative cytology test (Papanicolaou test) provided to a
woman for the purpose of early detection of cervical cancer
and includes the examination, the laboratory test itself, and a
physician's interpretation of the results of the test. If the Secretary
of Health and Human Services establishes qualify standards for
facilities furnishing screening pap smears, such term shall only
include a test if the test is performed in a facility that has been
determined to meet such standards.
``(c) Restrictions on Cost-Sharing.--The coverage under this
section shall not provide for the application of deductibles,
coinsurance, or other limitations for low-dose screening mammography or
screening pap smears that are greater than the deductibles,
coinsurance, and limitations that are applied to similar services under
the health insurance coverage or group health plan.
``(d) Frequency of Coverage of Screening Mammography.--
``(1) In general.--Coverage of low-dose screening
mammography is consistent with this section only if it is
provided consistent with the following periodicity schedule:
``(A) Coverage is made available for one baseline
low-dose screening mammography for any woman between 35
and 40 years of age.
``(B) Coverage is made available for such
mammography on an annual basis to any woman who is 50
years of age or older or who is determined by a
physician to be at-risk of breast cancer (as defined in
paragraph (2)).
``(C) Coverage is made available for such
mammography for a woman at least once every other year.
``(2) At-risk of breast cancer.--For purposes of paragraph
(1)(B), a woman is considered to be `at-risk of breast cancer'
if any of the following is true:
``(A) The woman has a personal history of breast
cancer.
``(B) The woman has a personal history of biopsy-
proven benign breast disease.
``(C) The woman's mother, sister, or daughter has
or has had breast cancer.
``(D) The woman has not given birth prior to the
age of 30.
``(e) Frequency of Coverage of Screening Pap Smears.--Coverage of
screening pap smears is consistent with this section only if it is
provided not more often than once every year (or more frequently if
recommended by a physician).
``(f) Prohibitions.--A group health plan, and a health insurance
issuer offering group health insurance coverage in connection with a
group health plan, may not--
``(1) deny to a woman eligibility, or continued
eligibility, to enroll or to renew coverage under the terms of
the plan, solely for the purpose of avoiding the requirements
of this section;
``(2) provide monetary payments or rebates to women to
encourage such women to accept less than the minimum
protections available under this section;
``(3) penalize or otherwise reduce or limit the
reimbursement of an attending provider because such provider
provided care to an individual participant or beneficiary in
accordance with this section; or
``(4) provide incentives (monetary or otherwise) to an
attending provider to induce such provider to provide care to
an individual participant or beneficiary in a manner
inconsistent with this section.
``(g) Rule of Construction.--Nothing in this section shall be
construed to require a woman who is a participant or beneficiary to
undergo a screening mammograph or screening pap smear.
``(h) Notice Under Group Health Plan.--The imposition of the
requirements of this section shall be treated as a material
modification in the terms of the plan described in section 102(a)(1),
for purposes of assuring notice of such requirements under the plan;
except that the summary description required to be provided under the
last sentence of section 104(b)(1) with respect to such modification
shall be provided by not later than 60 days after the first day of the
first plan year in which such requirements apply.
``(i) Level and Type of Reimbursements.--Nothing in this section
shall be construed to prevent a group health plan or a health insurance
issuer offering group health insurance coverage from negotiating the
level and type of reimbursement with a provider for care provided in
accordance with this section.
``(j) Preemption.--
``(1) In general.--The provisions of this section do not
preempt State law relating to health insurance coverage to the
extent such State law provides greater protection to women in
relation to the benefits provided under this section.
``(2) Construction.--Section 731(a)(1) shall not be
construed as superseding a State law described in paragraph
(1).''.
(B) Section 731(c) of such Act (29 U.S.C. 1191(c)), as
amended by section 603(b)(1) of Public Law 104-204, is amended
by striking ``section 711'' and inserting ``sections 711 and
713''.
(C) Section 732(a) of such Act (29 U.S.C. 1191a(a)), as
amended by section 603(b)(2) of Public Law 104-204, is amended
by striking ``section 711'' and inserting ``sections 711 and
713''.
(D) The table of contents in section 1 of such Act is
amended by inserting after the item relating to section 712 the
following new item:
``Sec. 713. Standards relating to benefits for screening mammography
and pap smears.
(b) Individual Health Insurance.--(1) Part B of title XXVII of the
Public Health Service Act, as amended by section 605(a) of Public Law
104-204, is amended by inserting after section 2751 the following new
section:
``SEC. 2752. STANDARDS RELATING TO BENEFITS FOR SCREENING MAMMOGRAPHY
AND PAP SMEARS.
``(a) In General.--The provisions of section 2706 (other than
subsection (h)) shall apply to health insurance coverage offered by a
health insurance issuer in the individual market in the same manner as
it applies to health insurance coverage offered by a health insurance
issuer in connection with a group health plan in the small or large
group market.
``(b) Notice.--A health insurance issuer under this part shall
comply with the notice requirement under section 713(h) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
referred to in subsection (a) as if such section applied to such issuer
and such issuer were a group health plan.
``(c) Preemption.--
``(1) In general.--The provisions of this section do not
preempt State law relating to health insurance coverage to the
extent such State law provides greater protection to women in
relation to the benefits provided under this section.
``(2) Construction.--Section 2762(a) shall not be construed
as superseding a State law described in paragraph (1).''.
(2) Section 2762(b)(2) of such Act (42 U.S.C. 300gg-62(b)(2)), as
added by section 605(b)(3)(B) of Public Law 104-204, is amended by
striking ``section 2751'' and inserting ``sections 2751 and 2752''.
(c) Effective Dates.--(1) The amendments made by subsection (a)
shall apply with respect to group health plans for plan years beginning
on or after January 1, 1998.
(2) The amendment made by subsection (b) shall apply with respect
to health insurance coverage offered, sold, issued, renewed, in effect,
or operated in the individual market on or after such date. | Women's Preventive Health Care Act of 1997 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to require a group health plan, and a health insurance issuer offering group coverage, to include coverage for screening pap smears and low-dose screening mammography. Prohibits cost sharing or other limitations higher than those applied to similar services. Regulates coverage frequency. Prohibits related enrollment or coverage discrimination, monetary incentives to women, and penalties against or incentives to providers. Allows State laws providing greater protection to women. Amends the Public Health Service Act to apply these requirements to health insurance issuers in the individual market. | {"src": "billsum_train", "title": "Women's Preventive Health Care Act of 1997"} | 3,650 | 152 | 0.555642 | 1.43984 | 0.707871 | 3.120968 | 25.137097 | 0.814516 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Remote Monitoring Access Act of
2005''.
SEC. 2. COVERAGE OF REMOTE PATIENT MANAGEMENT SERVICES FOR CHRONIC
HEALTH CARE CONDITIONS.
(a) In General.--Section 1861(s)(2) of the Social Security Act (42
U.S.C. 1395x(s)(2)) is amended--
(1) in subparagraph (Y), by striking ``and'' at the end;
(2) in subparagraph (Z), by inserting ``and'' at the end;
and
(3) by inserting after subparagraph (Z) the following new
subparagraph:
``(AA) remote patient management services (as
defined in subsection (bbb));''.
(b) Services Described.--Section 1861 of the Social Security Act
(42 U.S.C. 1395x) is amended by adding at the end the following new
subsection:
``Remote Patient Management Services
``(bbb)(1) The term `remote patient management services' means the
remote monitoring and management of an individual with a covered
chronic health condition (as defined in paragraph (2)) through the
utilization of a system of technology that allows a remote interface to
collect and transmit clinical data between the individual and the
responsible physician or supplier for the purposes of clinical review
or response by the physician or supplier.
``(2) For purposes of paragraph (1), the term `covered chronic
health condition' includes--
``(A) heart failure;
``(B) diabetes;
``(C) cardiac arrhythmia; and
``(D) any other chronic condition determined by the
Secretary to be appropriate for treatment through remote
patient management services.
``(3)(A) The Secretary, in consultation with appropriate physician
groups, may develop guidelines on the frequency of billing for remote
patient management services. Such guidelines shall be determined based
on medical necessity and shall be sufficient to ensure appropriate and
timely monitoring of individuals being furnished such services.
``(B) The Secretary, acting through the Agency for Health Care
Research and Quality, shall do the following:
``(i) Not later than 1 year after the date of enactment of
the Remote Monitoring Access Act of 2005, develop, in
consultation with appropriate physician groups, a standard of
care and quality standards for remote patient management
services for the covered chronic health conditions specified in
subparagraphs (A), (B), and (C) of paragraph (2).
``(ii) If the Secretary makes a determination under
paragraph (2)(D) with respect to a chronic condition, develop,
in consultation with appropriate physician groups, a standard
of care and quality standards for remote patient management
services for such condition within 1 year of such
determination.
``(iii) Periodically review and update such standards of
care and quality standards under this subparagraph as
necessary.''.
(c) Payment Under the Physician Fee Schedule.--Section 1848 of the
Social Security Act (42 U.S.C. 1395w-4) is amended--
(1) in subsection (c)(2)--
(A) in subparagraph (B)--
(i) in clause (ii)(II), by striking
``clause (iv)'' and inserting ``clauses (iv)
and (v)''; and
(ii) by adding at the end the following new
clause:
``(v) Budgetary treatment of certain
services.--The additional expenditures
attributable to services described in section
1861(s)(2)(AA) shall not be taken into account
in applying clause (ii)(II) for 2006.''; and
(B) by adding at the end the following new
paragraph:
``(7) Treatment of remote patient management services.--In
determining relative value units for remote patient management
services (as defined in section 1861(bbb)), the Secretary, in
consultation with appropriate physician groups, shall take into
consideration--
``(A) costs associated with such services,
including physician time involved, installation and
information transmittal costs, costs of remote patient
management technology (including devices and software),
and resource costs necessary for patient monitoring and
follow-up (but not including costs of any related item
or non-physician service otherwise reimbursed under
this title); and
``(B) the level of intensity of services provided,
based on--
``(i) the frequency of evaluation necessary
to manage the individual being furnished the
services;
``(ii) the amount of time necessary for,
and the complexity of, the evaluation,
including the information that must be
obtained, reviewed, and analyzed; and
``(iii) the number of possible diagnoses
and the number of management options that must
be considered.''; and
(2) in subsection (j)(3), by inserting ``(2)(AA),'' after
``(2)(W),''.
(d) Incentive Payments.--Section 1833 of the Social Security Act
(42 U.S.C. 1395l) is amended by adding at the end the following new
subsection:
``(v) Incentive for Meeting Certain Standards of Care and Quality
Standards in the Furnishing of Remote Patient Management Services.--In
the case of remote patient management services (as defined in section
1861(bbb)) that are furnished by a physician who the Secretary
determines meets or exceeds the standards of care and quality standards
developed by the Secretary under paragraph (3)(B) of such section for
such services, in addition to the amount of payment that would
otherwise be made for such services under this part, there shall also
be paid to the physician (or to an employer or facility in cases
described in clause (A) of section 1842(b)(6)) (on a monthly or
quarterly basis) from the Federal Supplementary Medical Insurance Trust
Fund an amount equal to 10 percent of the payment amount for the
service under this part.''.
(e) Effective Date.--The amendments made by this section shall
apply to services furnished on or after January 1, 2006. | Remote Monitoring Access Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of remote patient management services for chronic health care conditions. | {"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to provide for coverage of remote patient management services for chronic health care conditions under the Medicare program."} | 1,344 | 41 | 0.59615 | 1.445138 | 0.671122 | 4.757576 | 37.30303 | 0.878788 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coal-to-Liquid Fuel Energy Act of
2007''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Coal-to-liquid.--The term ``coal-to-liquid'' means--
(A) with respect to a process or technology, the
use of a feedstock, the majority of which is the coal
resources of the United States, using the class of
reactions known as Fischer-Tropsch, to produce
synthetic fuel suitable for transportation; and
(B) with respect to a facility, the portion of a
facility related to producing the inputs to the
Fischer-Tropsch process, the Fischer-Tropsch process,
finished fuel production, or the capture,
transportation, or sequestration of byproducts of the
use of a feedstock that is primarily domestic coal at
the Fischer-Tropsch facility, including carbon
emissions.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 3. COAL-TO-LIQUID FUEL LOAN GUARANTEE PROGRAM.
(a) Eligible Projects.--Section 1703(b) of the Energy Policy Act of
2005 (42 U.S.C. 16513(b)) is amended by adding at the end the
following:
``(11) Large-scale coal-to-liquid facilities (as defined in
section 2 of the Coal-to-Liquid Fuel Energy Act of 2007) that
use a feedstock, the majority of which is the coal resources of
the United States, to produce not less than 10,000 barrels a
day of liquid transportation fuel.''.
(b) Authorization of Appropriations.--Section 1704 of the Energy
Policy Act of 2005 (42 U.S.C. 16514) is amended by adding at the end
the following:
``(c) Coal-to-Liquid Projects.--
``(1) In general.--There are authorized to be appropriated
such sums as are necessary to provide the cost of guarantees
for projects involving large-scale coal-to-liquid facilities
under section 1703(b)(11).
``(2) Alternative funding.--If no appropriations are made
available under paragraph (1), an eligible applicant may elect
to provide payment to the Secretary, to be delivered if and at
the time the application is approved, in the amount of the
estimated cost of the loan guarantee to the Federal Government,
as determined by the Secretary.
``(3) Limitations.--
``(A) In general.--No loan guarantees shall be
provided under this title for projects described in
paragraph (1) after (as determined by the Secretary)--
``(i) the tenth such loan guarantee is
issued under this title; or
``(ii) production capacity covered by such
loan guarantees reaches 100,000 barrels per day
of coal-to-liquid fuel.
``(B) Individual projects.--
``(i) In general.--A loan guarantee may be
provided under this title for any large-scale
coal-to-liquid facility described in paragraph
(1) that produces no more than 20,000 barrels
of coal-to-liquid fuel per day.
``(ii) Non-federal funding requirement.--To
be eligible for a loan guarantee under this
title, a large-scale coal-to-liquid facility
described in paragraph (1) that produces more
than 20,000 barrels per day of coal-to-liquid
fuel shall be eligible to receive a loan
guarantee for the proportion of the cost of the
facility that represents 20,000 barrels of
coal-to-liquid fuel per day of production.
``(4) Requirements.--
``(A) Guidelines.--Not later than 180 days after
the date of enactment of this subsection, the Secretary
shall publish guidelines for the coal-to-liquids loan
guarantee application process.
``(B) Applications.--Not later than 1 year after
the date of enactment of this subsection, the Secretary
shall begin to accept applications for coal-to-liquid
loan guarantees under this subsection.
``(C) Deadline.--Not later than 1 year from the
date of acceptance of an application under subparagraph
(B), the Secretary shall evaluate the application and
make final determinations under this subsection.
``(5) Reports to congress.--The Secretary shall submit to
the Committee on Energy and Natural Resources of the Senate and
the Committee on Energy and Commerce of the House of
Representatives a report describing the status of the program
under this subsection not later than each of--
``(A) 180 days after the date of enactment of this
subsection;
``(B) 1 year after the date of enactment of this
subsection; and
``(C) the dates on which the Secretary approves the
first and fifth applications for coal-to-liquid loan
guarantees under this subsection.''.
SEC. 4. COAL-TO-LIQUID FACILITIES LOAN PROGRAM.
(a) Definition of Eligible Recipient.--In this section, the term
``eligible recipient'' means an individual, organization, or other
entity that owns, operates, or plans to construct a coal-to-liquid
facility that will produce at least 10,000 barrels per day of coal-to-
liquid fuel.
(b) Establishment.--The Secretary shall establish a program under
which the Secretary shall provide loans, in a total amount not to
exceed $20,000,000, for use by eligible recipients to pay the Federal
share of the cost of obtaining any services necessary for the planning,
permitting, and construction of a coal-to-liquid facility.
(c) Application.--To be eligible to receive a loan under subsection
(b), the eligible recipient shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
(d) Non-Federal Match.--To be eligible to receive a loan under this
section, an eligible recipient shall use non-Federal funds to provide a
dollar-for-dollar match of the amount of the loan.
(e) Repayment of Loan.--
(1) In general.--To be eligible to receive a loan under
this section, an eligible recipient shall agree to repay the
original amount of the loan to the Secretary not later than 5
years after the date of the receipt of the loan.
(2) Source of funds.--Repayment of a loan under paragraph
(1) may be made from any financing or assistance received for
the construction of a coal-to-liquid facility described in
subsection (a), including a loan guarantee provided under
section 1703(b)(11) of the Energy Policy Act of 2005 (42 U.S.C.
16513(b)(11)).
(f) Requirements.--
(1) Guidelines.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall publish guidelines
for the coal-to-liquids loan application process.
(2) Applications.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall begin to accept
applications for coal-to-liquid loans under this section.
(g) Reports to Congress.--Not later than each of 180 days and 1
year after the date of enactment of this Act, the Secretary shall
submit to the Committee on Energy and Natural Resources of the Senate
and the Committee on Energy and Commerce of the House of
Representatives a report describing the status of the program under
this section.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $200,000,000, to remain
available until expended.
SEC. 5. LOCATION OF COAL-TO-LIQUID MANUFACTURING FACILITIES.
The Secretary, in coordination with the head of any affected
agency, shall promulgate such regulations as the Secretary determines
to be necessary to support the development on Federal land (including
land of the Department of Energy, military bases, and military
installations closed or realigned under the defense base closure and
realignment) of coal-to-liquid manufacturing facilities and associated
infrastructure, including the capture, transportation, or sequestration
of carbon dioxide.
SEC. 6. STRATEGIC PETROLEUM RESERVE.
(a) Development, Operation, and Maintenance of Reserve.--Section
159 of the Energy Policy and Conservation Act (42 U.S.C. 6239) is
amended--
(1) by redesignating subsections (f), (g), (j), (k), and
(l) as subsections (a), (b), (e), (f), and (g), respectively;
and
(2) by inserting after subsection (b) (as redesignated by
paragraph (1)) the following:
``(c) Study of Maintaining Coal-to-Liquid Products in Reserve.--Not
later than 1 year after the date of enactment of the Coal-to-Liquid
Fuel Energy Act of 2007, the Secretary and the Secretary of Defense
shall--
``(1) conduct a study of the feasibility and suitability of
maintaining coal-to-liquid products in the Reserve; and
``(2) submit to the Committee on Energy and Natural
Resources and the Committee on Armed Services of the Senate and
the Committee on Energy and Commerce and the Committee on Armed
Services of the House of Representatives a report describing
the results of the study.
``(d) Construction of Storage Facilities.--As soon as practicable
after the date of enactment of the Coal-to-Liquid Fuel Energy Act of
2007, the Secretary may construct 1 or more storage facilities in the
vicinity of pipeline infrastructure and at least 1 military base.''.
(b) Petroleum Products for Storage in Reserve.--Section 160 of the
Energy Policy and Conservation Act (42 U.S.C. 6240) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting a semicolon at
the end;
(B) in paragraph (2), by striking ``and'' at the
end;
(C) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(D) by adding at the end the following:
``(4) coal-to-liquid products (as defined in section 2 of
the Coal-to-Liquid Fuel Energy Act of 2007), as the Secretary
determines to be appropriate, in a quantity not to exceed 20
percent of the total quantity of petroleum and petroleum
products in the Reserve.'';
(2) in subsection (b), by redesignating paragraphs (3)
through (5) as paragraphs (2) through (4), respectively; and
(3) by redesignating subsections (f) and (h) as subsections
(d) and (e), respectively.
(c) Conforming Amendments.--Section 167 of the Energy Policy and
Conservation Act (42 U.S.C. 6247) is amended--
(1) in subsection (b)--
(A) by redesignating paragraphs (2) and (3) as
paragraphs (1) and (2), respectively; and
(B) in paragraph (2) (as redesignated by
subparagraph (A)), by striking ``section 160(f)'' and
inserting ``section 160(e)''; and
(2) in subsection (d), in the matter preceding paragraph
(1), by striking ``section 160(f)'' and inserting ``section
160(e)''.
SEC. 7. AUTHORIZATION TO CONDUCT RESEARCH, DEVELOPMENT, TESTING, AND
EVALUATION OF ASSURED DOMESTIC FUELS.
Of the amount authorized to be appropriated for the Air Force for
research, development, testing, and evaluation, $10,000,000 may be made
available for the Air Force Research Laboratory to continue support
efforts to test, qualify, and procure synthetic fuels developed from
coal for aviation jet use.
SEC. 8. COAL-TO-LIQUID LONG-TERM FUEL PROCUREMENT AND DEPARTMENT OF
DEFENSE DEVELOPMENT.
Section 2398a of title 10, United States Code is amended--
(1) in subsection (b)--
(A) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(B) by adding at the end the following:
``(2) Coal-to-liquid production facilities.--
``(A) In general.--The Secretary of Defense may
enter into contracts or other agreements with private
companies or other entities to develop and operate
coal-to-liquid facilities (as defined in section 2 of
the Coal-to-Liquid Fuel Energy Act of 2007) on or near
military installations.
``(B) Considerations.--In entering into contracts
and other agreements under subparagraph (A), the
Secretary shall consider land availability, testing
opportunities, and proximity to raw materials.'';
(2) in subsection (d)--
(A) by striking ``Subject to applicable provisions
of law, any'' and inserting ``Any''; and
(B) by striking ``1 or more years'' and inserting
``up to 25 years''; and
(3) by adding at the end the following:
``(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.''.
SEC. 9. REPORT ON EMISSIONS OF FISCHER-TROPSCH PRODUCTS USED AS
TRANSPORTATION FUELS.
(a) In General.--In cooperation with the Administrator of the
Environmental Protection Agency, the Secretary of Defense, the
Administrator of the Federal Aviation Administration, and the Secretary
of Health and Human Services, the Secretary shall--
(1) carry out a research and demonstration program to
evaluate the emissions of the use of Fischer-Tropsch fuel for
transportation, including diesel and jet fuel;
(2) evaluate the effect of using Fischer-Tropsch
transportation fuel on land and air engine exhaust emissions;
and
(3) in accordance with subsection (e), submit to Congress a
report on the effect on air quality and public health of using
Fischer-Tropsch fuel in the transportation sector.
(b) Guidance and Technical Support.--The Secretary shall issue any
guidance or technical support documents necessary to facilitate the
effective use of Fischer-Tropsch fuel and blends under this section.
(c) Facilities.--For the purpose of evaluating the emissions of
Fischer-Tropsch transportation fuels, the Secretary shall--
(1) support the use and capital modification of existing
facilities and the construction of new facilities at the
research centers designated in section 417 of the Energy Policy
Act of 2005 (42 U.S.C. 15977); and
(2) engage those research centers in the evaluation and
preparation of the report required under subsection (a)(3).
(d) Requirements.--The program described in subsection (a)(1) shall
consider--
(1) the use of neat (100 percent) Fischer-Tropsch fuel and
blends of Fischer-Tropsch fuels with conventional crude oil-
derived fuel for heavy-duty and light-duty diesel engines and
the aviation sector; and
(2) the production costs associated with domestic
production of those fuels and prices for consumers.
(e) Reports.--The Secretary shall submit to the Committee on Energy
and Natural Resources of the Senate and the Committee on Energy and
Commerce of the House of Representatives--
(1) not later than 180 days after the date of enactment of
this Act, an interim report on actions taken to carry out this
section; and
(2) not later than 1 year after the date of enactment of
this Act, a final report on actions taken to carry out this
section.
(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section. | Coal-to-Liquid Fuel Energy Act of 2007 - Amends the Energy Policy Act of 2005 to include among the projects eligible for Department of Energy (DOE) loan guarantees large-scale coal-to-liquid facilities that use a feedstock, the majority of which is domestic coal resources, to produce at least 10,000 barrels a day of liquid transportation fuel.
Instructs the Secretary of Energy (Secretary) to make loans for use by recipients to pay the federal share of the cost of obtaining any services necessary for the planning, permitting, and construction of coal-to-liquid facilities.
Directs the Secretary to promulgate regulations to support the development of coal-to-liquid manufacturing facilities and associated infrastructure on DOE and other federal lands, including military bases and military installations closed or realigned under the defense base closure and realignment.
Amends the Energy Policy and Conservation Act to direct the Secretaries of Energy and of Defense to study and report to Congress on the feasibility and suitability of maintaining coal-to-liquid products in the Strategic Petroleum Reserve (Reserve).
Authorizes the Secretary to construct storage facilities in the vicinity of pipeline infrastructure and at least one military base.
Amends the Energy Policy and Conservation Act to authorize the Secretary to acquire, place in storage, transport, or exchange coal-to-liquid products in the Reserve.
Authorizes the use of certain funds by the Air Force Research Laboratory to continue support efforts to test, qualify, and procure synthetic fuels developed from coal for aviation jet use.
Amends federal law governing Armed Forces fuel procurement to authorize the Secretary of Defense to enter into agreements with private companies to develop and operate coal-to-liquid facilities on or near military installations.
Instructs the Secretary of Energy to implement a research and demonstration program to evaluate the emissions of the use of Fischer-Tropsch transportation fuel, including diesel and jet fuel. | {"src": "billsum_train", "title": "A bill to promote coal-to-liquid fuel activities."} | 3,515 | 406 | 0.626569 | 1.956309 | 0.72543 | 5.123626 | 8.752747 | 0.925824 |
SECTION 1. CHARITABLE CONTRIBUTIONS OF SCIENTIFIC EQUIPMENT TO
ELEMENTARY AND SECONDARY SCHOOLS.
(a) In General.--Subparagraph (B) of section 170(e)(4) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(B) Qualified research or education
contribution.--For purposes of this paragraph, the term
`qualified research or education contribution' means a
charitable contribution by a corporation of tangible
personal property (including computer software), but
only if--
``(i) the contribution is to--
``(I) an educational organization
described in subsection (b)(1)(A)(ii),
``(II) a governmental unit
described in subsection (c)(1), or
``(III) an organization described
in section 41(e)(6)(B),
``(ii) the contribution is made not later
than 3 years after the date the taxpayer
acquired the property (or in the case of
property constructed by the taxpayer, the date
the construction of the property is
substantially completed),
``(iii) the property is scientific
equipment or apparatus substantially all of the
use of which by the donee is for--
``(I) research or experimentation
(within the meaning of section 174), or
for research training, in the United
States in physical or biological
sciences, or
``(II) in the case of an
organization described in clause (i)
(I) or (II), use within the United
States for educational purposes related
to the purpose or function of the
organization,
``(iv) the original use of the property
began with the taxpayer (or in the case of
property constructed by the taxpayer, with the
donee),
``(v) the property is not transferred by
the donee in exchange for money, other
property, or services, and
``(vi) the taxpayer receives from the donee
a written statement representing that its use
and disposition of the property will be in
accordance with the provisions of clauses (iv)
and (v).''
(b) Donations to Charity for Refurbishing.--Section 170(e)(4) of
the Internal Revenue Code of 1986 is amended by adding at the end the
following new subparagraph:
``(D) Donations to charity for refurbishing.--For
purposes of this paragraph, a charitable contribution
by a corporation shall be treated as a qualified
research or education contribution if--
``(i) such contribution is a contribution
of property described in subparagraph (B)(iii)
to an organization described in section
501(c)(3) and exempt from taxation under
section 501(a),
``(ii) such organization repairs and
refurbishes the property and donates the
property to an organization described in
subparagraph (B)(i), and
``(iii) the taxpayer receives from the
organization to whom the taxpayer contributed
the property a written statement representing
that its use of the property (and any use by
the organization to which it donates the
property) meets the requirements of this
paragraph.''
(c) Conforming Amendments.--
(1) Paragraph (4)(A) of section 170(e) of the Internal
Revenue Code of 1986 is amended by striking ``qualified
research contribution'' each place it appears and inserting
``qualified research or education contribution''.
(2) The heading for section 170(e)(4) of such Code is
amended by inserting ``or education'' after ``research''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1995. | Amends the Internal Revenue Code to revise the rules concerning a "qualified research contribution." Redefines such term as a "qualified research or education contribution." | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to allow companies to donate scientific equipment to elementary and secondary schools for use in their eduational programs, and for other purposes."} | 813 | 38 | 0.475528 | 1.077557 | 0.186536 | 1.83871 | 23.580645 | 0.677419 |
TITLE I--MINOR BOUNDARY REVISIONS
Section 7(c) of the Land and Water Conservation Fund Act of 1965
(16 U.S.C. 4601-9(c)) is amended--
(1) in the first sentence by striking ``Committee on
Interior and Insular Affairs'' and inserting ``Committee on
Resources''; and
(2) by striking ``area: Provided, however,'' and all that
follows through ``1965;'' and inserting the following: ``area,
except that, in all cases except the case of technical boundary
revisions (resulting from such causes as survey error or
changed road alignments), the authority of the Secretary under
this clause (i) shall apply only if each of the following
conditions is met--
(I) the sum of the total acreage of lands, waters,
and interests therein to be added to the area and the
total such acreage to be deleted from the area is not
more than 5 percent of the total Federal acreage
authorized to be included in the area and is less than
200 acres in size;
(II) the acquisition, if any, is not a major
Federal action significantly affecting the quality of
the human environment, as determined by the Secretary;
(III) the sum of the total appraised value of the
lands, waters, and interest therein to be added to the
area and the total appraised value of the lands,
waters, and interests therein to be deleted from the
area does not exceed $500,000;
(IV) the proposed boundary revision is not an
element of a more comprehensive boundary modification
proposal; and
(V) the Director of the National Park Service
obtains written support for the boundary modification
from all property owners whose lands, water, or
interests therein, or a portion of whose lands, water,
or interests therein, will be added to or deleted from
the area by the boundary modification: Provided,
however, that minor boundary revisions involving only
deletions of acreage from an area of the national parks
system may be made only by Act of Congress.
TITLE II--AUTHORIZATION FOR CERTAIN PARK FACILITIES TO BE LOCATED
OUTSIDE OF UNITS OF THE NATIONAL PARK SYSTEM
Section 4 of the Act entitled ``An Act to improve the
administration of the national park system by the Secretary of the
Interior, and to clarify the authorities applicable to the system, and
for other purposes'' approved August 18, 1970 (16 U.S.C. 1a-1 et seq.),
is amended to read as follows:
``Sec. 4. (a) In order to facilitate the administration of the
national park system, the Secretary of the Interior is authorized,
under such terms and conditions as he may deem advisable, to establish
essential facilities for park administration, visitor use, and park
employee residential housing outside the boundaries, but within the
vicinity, of units of the national park system for purposes of assuring
conservation, visitor use, and proper management of such units. Such
facilities and the use thereof shall be in conformity with approved
plans for the unit concerned. Such facilities may only be developed by
the Secretary upon finding that location of such facilities would--
``(1) avoid undue degradation of the primary natural or
cultural resources within the unit;
``(2) enhance service to the public; or
``(3) provide a cost saving to the Federal Government.
``(b) For the purpose of establishing facilities under subsection
(a):
``(1) The Secretary may enter into agreements permitting
the Secretary to use such Federal lands as the head of a
Federal agency having primary authority over the administration
of such land and the Secretary determine is suitable for such
use.
``(2) The Secretary, under such terms and conditions as the
Secretary determines are reasonable, may lease or acquire (from
willing sellers only) by purchase or donation, real property
(other than Federal land), for purposes as specified in this
section.
``(3) For real property acquired pursuant to paragraph (2),
the Secretary shall establish written guidelines setting forth
criteria to be used in determining whether the acquisition
would--
``(A) reflect unfavorably upon the ability of the
Department or any employee to carry out its
responsibilities or official duties in a fair and
objective manner; or
``(B) would compromise the integrity or the
appearance of the integrity of the Department's
programs or any official involved in those programs.
``(4) The Secretary may construct, operate, and maintain
such permanent and temporary buildings and facilities as the
Secretary deems appropriate on land which is in the vicinity of
any unit of the national park system for which the Secretary
has acquired authority under this section, except that the
Secretary may not begin construction, operation, or maintenance
of buildings or facilities on land not owned by the United
States until the owner of such lands has entered into a binding
agreement with the Secretary, the terms of which assure the
continued use of such buildings and facilities for a period of
time commensurate with the level of Federal investment.''. | TABLE OF CONTENTS:
Title I: Minor Boundary Revisions
Title II: Authorization for Certain Park Facilities to be
Located Outside of Units of the National Park System
Title I: Minor Boundary Revisions
- Amends the Land and Water Conservation Fund Act of 1965 to allow the Secretary of the Interior to modify national park borders only if: (1) the total acreage of lands to be added and deleted will not exceed five percent of the total Federal acreage authorized in the area; (2) the acquisition will not significantly affect the quality of the human environment; (3) the value of the lands added and deleted will not exceed $500,000; (4) the proposed revision is not part of a more comprehensive modification proposal; and (5) the Director of the National Park Service obtains written support for the boundary modifications from all affected property owners. Provides that minor boundary revisions which only delete acreage from the national parks system may only be authorized by an Act of Congress.
Title II: Authorization for Certain Park Facilities to be Located Outside of Units of the National Park System
- Authorizes the Secretary of the Interior to establish essential facilities for park administration, visitor use, and park employee residential housing outside the boundaries, but within the vicinity, of national park system units. Allows the Secretary to lease or acquire land to develop essential facilities.
Authorizes the Secretary to construct, operate, and maintain permanent and temporary buildings on land within the vicinity of the national park system after the Secretary has entered into a binding agreement with the owner of such land. | {"src": "billsum_train", "title": "To facilitate improved management of National Park Service Lands."} | 1,089 | 329 | 0.672402 | 2.026555 | 0.815702 | 4.003215 | 3.401929 | 0.903537 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Deleting Online Predators Act of
2006''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) sexual predators approach minors on the Internet using
chat rooms and social networking websites, and, according to
the United States Attorney General, one in five children has
been approached sexually on the Internet;
(2) sexual predators can use these chat rooms and websites
to locate, learn about, befriend, and eventually prey on
children by engaging them in sexually explicit conversations,
asking for photographs, and attempting to lure children into a
face to face meeting; and
(3) with the explosive growth of trendy chat rooms and
social networking websites, it is becoming more and more
difficult to monitor and protect minors from those with devious
intentions, particularly when children are away from parental
supervision.
SEC. 3. CERTIFICATIONS TO INCLUDE PROTECTIONS AGAINST COMMERCIAL SOCIAL
NETWORKING WEBSITES AND CHAT ROOMS.
(a) Certification by Schools.--Section 254(h)(5)(B) of the
Communications Act of 1934 (47 U.S.C. 254(h)(5)(B)) is amended by
striking clause (i) and inserting the following:
``(i) is enforcing a policy of Internet
safety for minors that includes monitoring the
online activities of minors and the operation
of a technology protection measure with respect
to any of its computers with Internet access
that--
``(I) protects against access
through such computers to visual
depictions that are--
``(aa) obscene;
``(bb) child pornography;
or
``(cc) harmful to minors;
and
``(II) protects against access to a
commercial social networking website or
chat room unless used for an
educational purpose with adult
supervision; and''.
(b) Certification by Libraries.--Section 254(h)(6)(B) of such Act
(47 U.S.C. 254(h)(6)(B)) is amended by striking clause (i) and
inserting the following:
``(i) is enforcing a policy of Internet
safety that includes the operation of a
technology protection measure with respect to
any of its computers with Internet access
that--
``(I) protects against access
through such computers to visual
depictions that are--
``(aa) obscene;
``(bb) child pornography;
or
``(cc) harmful to minors;
and
``(II) protects against access by
minors without parental authorization
to a commercial social networking
website or chat room, and informs
parents that sexual predators can use
these websites and chat rooms to prey
on children; and''.
(c) Definitions.--Section 254(h)(7) is amended by adding at the end
the following new subparagraph:
``(J) Commercial social networking websites; chat
rooms.--Within 120 days after the date of enactment of
the Deleting Online Predators Act of 2006, the
Commission shall by rule define the terms `social
networking website' and `chat room' for purposes of
this subsection. In determining the definition of a
social networking website, the Commission shall take
into consideration the extent to which a website--
``(i) is offered by a commercial entity;
``(ii) permits registered users to create
an on-line profile that includes detailed
personal information;
``(iii) permits registered users to create
an on-line journal and share such a journal
with other users;
``(iv) elicits highly-personalized
information from users; and
``(v) enables communication among users.''.
(d) Disabling During Adult or Educational Use.--Section
254(h)(5)(D) of such Act is amended--
(1) by inserting ``or educational'' after ``during adult''
in the heading; and
(2) by inserting before the period at the end the
following: ``or during use by an adult or by minors with adult
supervision to enable access for educational purposes pursuant
to subparagraph (B)(i)(II)'' .
SEC. 4. FTC CONSUMER ALERT ON INTERNET DANGERS TO CHILDREN.
(a) Information Regarding Child Predators and the Internet.--Not
later than 180 days after the date of enactment of this Act, the
Federal Trade Commission shall--
(1) issue a consumer alert regarding the potential dangers
to children of Internet child predators, including the
potential danger of commercial social networking websites and
chat rooms through which personal information about child users
of such websites may be accessed by child predators; and
(2) establish a website to serve as a resource for
information for parents, teachers and school administrators,
and others regarding the potential dangers posed by the use of
the Internet by children, including information about
commercial social networking websites and chat rooms through
which personal information about child users of such websites
may be accessed by child predators.
(b) Commercial Social Networking Websites.--For purposes of the
requirements under subsection (a), the terms ``commercial social
networking website'' and ``chat room'' have the meanings given such
terms pursuant to section 254(h)(7)(J) of the Communications Act of
1934 (47 U.S.C. 254(h)(7)(J)), as amended by this Act.
Passed the House of Representatives July 26, 2006.
Attest:
KAREN L. HAAS,
Clerk. | Deleting Online Predators Act of 2006 - Amends the Communications Act of 1934 to require schools and libraries that receive universal service support to enforce a policy that: (1) prohibits access to a commercial social networking website or chat room unless used for an educational purpose with adult supervision; and (2) protects against access to visual depictions that are obscene, child pornography, or harmful to minors. Allows an administrator, supervisor, or other authorized person to disable such a technology protection measure during use by an adult, or by minors with adult supervision, to enable access for educational purposes.
Directs the Federal Communications Commission (FCC) to: (1) issue a consumer alert regarding use of the Internet by child predators and the potential dangers to children because of such use, including the potential dangers of commercial social networking websites and chat rooms; and (2) establish a website resource of information for parents, teachers, school administrators, and others regarding potential dangers posed by the use of the Internet by children. | {"src": "billsum_train", "title": "To amend the Communications Act of 1934 to require recipients of universal service support for schools and libraries to protect minors from commercial social networking websites and chat rooms."} | 1,260 | 218 | 0.557033 | 1.654936 | 0.850187 | 3.323077 | 5.548718 | 0.902564 |
SECTION 1. DEMONSTRATION GRANTS.
(a) Findings.--Congress finds that--
(1) the length of the academic year at most elementary and
secondary schools in the United States consists of
approximately 175 to 180 academic days, while the length of the
academic years at elementary and secondary schools in a
majority of the other industrialized countries consists of
approximately 190 to 240 academic days;
(2) eighth-grade students from the United States have
scored lower, on average, in mathematics than students in
Japan, France, and Canada;
(3) various studies indicate that extending the length of
the academic year at elementary and secondary schools results
in a significant increase in actual student learning time, even
when much of the time in the extended portion of the academic
year is used for increased teacher training and increased
parent-teacher interaction;
(4) in the final 4 years of schooling, students in schools
in the United States are required to spend a total of 1,460
hours on core academic subjects, which is less than half of the
3,528 hours so required in Germany, the 3,280 hours so required
in France, and the 3,170 hours so required in Japan;
(5) American students' lack of formal schooling is not
counterbalanced with more homework as only 29 percent of
American students report spending at least 2 hours on homework
per day compared to half of all European students;
(6) extending the length of the academic year at elementary
and secondary schools will lessen the need for review, at the
beginning of an academic year, of course material covered in
the previous academic year; and
(7) in 1994, the Commission on Time and Learning
recommended that school districts keep schools open longer to
meet the needs of children and communities.
(b) Demonstration Grants Authorized.--
(1) In general.--The Secretary of Education, from amounts
appropriated under subsection (d) for a fiscal year, shall
award demonstration grants to local educational agencies to--
(A) enable the local educational agencies to extend
the length of the school year to 210 days;
(B) study the feasibility of an effective methods
for extending learning time within or beyond the school
day or year, including consultation with other schools
or local educational agencies that have designed or
implemented extended learning time programs;
(C) conduct outreach to and consult with community
members, including parents, students, and other
stakeholders, such as tribal leaders, to develop a plan
to extend learning time within or beyond the school day
or year; and
(D) research, develop, and implement strategies,
including changes in curriculum and instruction, for
maximizing the quality and percentage of common core
learning time in the school day and extending learning
time during or beyond the school day or year.
(2) Definition.--In this section, the term ``common core
learning time'' means high-quality, engaging instruction in
challenging content in the core academic subjects of English,
mathematics, science, foreign languages, civics and government,
economics, arts, history, and geography.
(c) Application.--A local education agency desiring a grant under
this section shall submit an application to the Secretary of Education
at such time, in such manner, and accompanied by such information as
the Secretary may require. Each application shall describe--
(1) the activities for which assistance is sought;
(2) any study or other information-gathering project for
which funds will be used;
(3) the strategies and methods the applicant will use to
enrich and extend learning time for all students and to
maximize the percentage of common core learning time in the
school day, such as block scheduling, team teaching, longer
school days or years, and extending learning time through new
distance-learning technologies.
(4) the strategies and methods the applicant will use,
including changes in curriculum and instruction, to challenge
and engage students and to maximize the productiveness of
common core learning time, as well as the total time students
spend in school and in school-related enrichment activities;
(5) the strategies and methods the applicant intends to
employ to provide continuing financial support for the
implementation of any extended school day or school year;
(6) with respect top any application seeking assistance for
activities described in subsection (b)(1)(A), a description of
any feasibility or other studies demonstrating the
sustainability of a longer school year;
(7) the extent of involvement of teachers and other school
personnel in investigating, designing, implementing and
sustaining the activities assisted under this part;
(8) the process to be used for involving parents and other
stakeholders in the development and implementation of the
activities assistance under this section;
(9) any cooperation or collaboration among public housing
authorities, libraries, businesses, museums, community-based
organizations, and other community groups and organizations to
extend engaging, high-quality, standards-based learning time
outside of the school day or year, at the school or at some
other site;
(10) the training and professional development activities
that will be offered to teachers and others involved in the
activities assisted under this section;
(11) the goals and objectives of the activities assisted
under this section, including a description of how such
activities will assist all students to reach State standards;
(12) the methods by which the applicant will assess
progress in meeting such goals and objectives; and
(13) how the applicant will use funds provided under this
section in coordination with funds provided under other Federal
laws.
(d) Duration.--A grant under this section shall be awarded for a
period of 3 years.
(e) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section $10,000,000 for each of the fiscal years
1999 through 2003.
(2) Use of funds.--The Secretary of Education shall use not
less than 50 percent of the amount appropriated for each fiscal
year under paragraph (1) to award grants to applicants that
want to extend the school year to at least 210 days. | Directs the Secretary of Education to provide three-year demonstration grants to local educational agenciess for: (1) extending the length of the school year to 210 days; (2) studying methods for extending learning time within or beyond the school day or year; (3) consulting with the community, parents, and students in developing a plan for such extended day or year; and (4) researching, developing, and implementing ways to maximize the quality and percentage of common core learning time in the school day, and to extend learning time during or beyond the school day or year.
Defines common core learning time as high-quality, engaging instruction in challenging content in the core academic subjects of English, mathematics, science, foreign languages, civics and government, economics, arts, history, and geography.
Authorizes appropriations. | {"src": "billsum_train", "title": "A bill to provide demonstration grants to local educational agencies to enable the agencies to extend time for learning and the length of the school year."} | 1,218 | 169 | 0.516295 | 1.545581 | 0.938455 | 5.08589 | 7.680982 | 0.91411 |
SECTION 1. AUTHORIZATIONS OF APPROPRIATIONS.
(a) Federal Council on the Aging.--Section 204(g) of the Older
Americans Act of 1965 (42 U.S.C. 3015(g)) is amended by striking
``$300,000 for fiscal year 1992 and such sums as may be necessary for
fiscal years 1993, 1994, and 1995'' and inserting ``such sums as may be
necessary for fiscal years 1999 through 2001''.
(b) Administration.--Section 215 of such Act (42 U.S.C. 3020f) is
amended--
(1) in subsection (a), by striking ``fiscal years 1992,
1993, 1994, and 1995'' and inserting ``fiscal years 1999
through 2001''; and
(2) in subsection (b), by striking paragraph (1) and
inserting the following:
``(1) $29,000,000 for each of fiscal years 1999 through
2001; and''.
(c) Grants for State and Community Programs on Aging.--Section 303
of such Act (42 U.S.C. 3023) is amended--
(1) in subsection (a)(1), by striking ``$461,376,000 for
fiscal year 1992 and such sums as may be necessary for fiscal
years 1993, 1994, and 1995'' and inserting ``such sums as may
be necessary for fiscal years 1999 through 2001'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``$505,000,000
for fiscal year 1992 and such sums as may be necessary
for fiscal years 1993, 1994, and 1995'' and inserting
``such sums as may be necessary for fiscal years 1999
through 2001'';
(B) in paragraph (2), by striking ``$120,000,000
for fiscal year 1992 and such sums as may be necessary
for fiscal years 1993, 1994, and 1995'' and inserting
``such sums as may be necessary for fiscal years 1999
through 2001''; and
(C) in paragraph (3), by striking ``$15,000,000 for
fiscal year 1992 and such sums as may be necessary for
fiscal years 1993, 1994, and 1995'' and inserting
``such sums as may be necessary for fiscal years 1999
through 2001'';
(3) in subsection (d), by striking ``$45,388,000 for fiscal
year 1992 and such sums as may be necessary for fiscal years
1993, 1994, and 1995'' and inserting ``such sums as may be
necessary for fiscal years 1999 through 2001'';
(4) in subsection (e), by striking ``the fiscal years 1992,
1993, 1994, and 1995'' and inserting ``fiscal years 1999
through 2001'';
(5) in subsection (f), by striking ``$25,000,000 for fiscal
year 1992 and such sums as may be necessary for fiscal years
1993, 1994, and 1995'' and inserting ``such sums as may be
necessary for fiscal years 1999 through 2001''; and
(6) in subsection (g), by striking ``$15,000,000 for fiscal
year 1992 and such sums as may be necessary for fiscal years
1993, 1994, and 1995'' and inserting ``such sums as may be
necessary for fiscal years 1999 through 2001''.
(d) Availability of Surplus Commodities.--Section 311(c)(1)(A) of
such Act (42 U.S.C. 3030a(c)(1)(A)) is amended by striking
``$250,000,000 for fiscal year 1992, $310,000,000 for fiscal year 1993,
$380,000,000 for fiscal year 1994, and $460,000,000 for fiscal year
1995'' and inserting ``$460,000,000 for each of fiscal years 1999
through 2001''.
(e) Training, Research, and Discretionary Projects and Programs.--
Section 431 of such Act (42 U.S.C. 3037) is amended--
(1) in subsection (a)(1), by striking ``$72,000,000 for
fiscal year 1992, and such sums as may be necessary for fiscal
years 1993, 1994, and 1995'' and inserting ``such sums as may
be necessary for fiscal years 1999 through 2001''; and
(2) in subsection (b), by striking ``$450,000 for each of
fiscal years 1992, 1993, 1994, and 1995'' and inserting
``$450,000 for each of fiscal years 1999 through 2001''.
(f) Community Service Employment for Older Americans.--Section
508(a)(1) of such Act (42 U.S.C. 3056f(a)(1)) is amended by striking
``$470,671,000 for fiscal year 1992, and such sums as may be necessary
for fiscal years 1993, 1994, and 1995'' and inserting ``such sums as
may be necessary for fiscal years 1999 through 2001''.
(g) Grants for Native Americans.--Section 633(a) of such Act (42
U.S.C. 3057n(a)) is amended by striking ``$30,000,000 for fiscal year
1992 and such sums as may be necessary for fiscal years 1993, 1994, and
1995'' and inserting ``such sums as may be necessary for fiscal years
1999 through 2001''.
(h) Allotments for Vulnerable Elder Rights Protection Activities.--
Section 702 of such Act (42 U.S.C. 3058a) is amended--
(1) in subsection (a), by striking ``$40,000,000 for fiscal
year 1992 and such sums as may be necessary for fiscal years
1993, 1994, and 1995'' and inserting ``such sums as may be
necessary for fiscal years 1999 through 2001'';
(2) in subsection (b), by striking ``$15,000,000 for fiscal
year 1992 and such sums as may be necessary for fiscal years
1993, 1994, and 1995'' and inserting ``such sums as may be
necessary for fiscal years 1999 through 2001'';
(3) in subsection (c), by striking ``$10,000,000 for fiscal
year 1992 and such sums as may be necessary for fiscal years
1993, 1994, and 1995'' and inserting ``such sums as may be
necessary for fiscal years 1999 through 2001''; and
(4) in subsection (d), by striking ``$15,000,000 for fiscal
year 1992 and such sums as may be necessary for fiscal years
1993, 1994, and 1995'' and inserting ``such sums as may be
necessary for fiscal years 1999 through 2001''.
(i) Native American Program.--Section 751(d) of such Act (42 U.S.C.
3058aa(d)) is amended by striking ``$5,000,000 for fiscal year 1992,
and such sums as may be necessary for fiscal years 1993, 1994, and
1995'' and inserting ``such sums as may be necessary for fiscal years
1999 through 2001''.
SEC. 2. TRANSFERS.
Section 308(b) of the Older Americans Act of 1965 (42 U.S.C.
3028(b)) is amended--
(1) in paragraph (4)(B)--
(A) by striking ``fiscal year 1993, 1994, 1995, or
1996'' and inserting ``a fiscal year''; and
(B) by striking ``need--'' and all that follows and
inserting ``need, an additional 10 percent of the funds
so received for the fiscal year.''; and
(2) in paragraph (5)--
(A) in subparagraph (A), by striking ``not more
than 30 percent for fiscal year 1993, not more than 25
percent for fiscal year 1994, not more than 25 percent
for fiscal year 1995, and not more than 20 percent for
fiscal year 1996'' and inserting ``not more than 20
percent for the fiscal year involved''; and
(B) in subparagraph (B)--
(i) by striking ``(B)(i)'' and all that
follows through ``(ii) If'' and inserting ``(B)
If''; and
(ii) by striking ``for fiscal year 1996''
and inserting ``for a fiscal year''. | Amends the Older Americans Act of 1965 to authorize appropriations for FY 1999 through 2001 for: (1) the Federal Council on the Aging; (2) administration; (3) grants for State and community programs on aging; (4) the availability of surplus commodities; (5) training, research, and discretionary projects and programs; (6) community service employment for older Americans; (7) grants for Native Americans; (8) allotments for vulnerable elder rights protection activities; and (9) the Native American Program.
Revises guidelines governing the transfer between specified grant programs of certain Federal funds received by a State. | {"src": "billsum_train", "title": "To amend the Older Americans Act of 1965 to extend the authorizations of appropriations for that Act, and for other purposes."} | 1,816 | 126 | 0.486941 | 1.294736 | 0.38904 | 2.886179 | 13.00813 | 0.821138 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fugitive Apprehension Act of 2001''.
SEC. 2. ADMINISTRATIVE SUBPOENAS TO APPREHEND FUGITIVES.
(a) In General.--Chapter 49 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1075. Administrative subpoenas to apprehend fugitives
``(a) Definitions.--In this section:
``(1) Fugitive.--The term `fugitive' means a person who--
``(A) having been accused by complaint,
information, or indictment under Federal law or having
been convicted of committing a felony under Federal
law, flees or attempts to flee from or evades or
attempts to evade the jurisdiction of the court with
jurisdiction over the felony;
``(B) having been accused by complaint,
information, or indictment under State law or having
been convicted of committing a felony under State law,
flees or attempts to flee from, or evades or attempts
to evade, the jurisdiction of the court with
jurisdiction over the felony;
``(C) escapes from lawful Federal or State custody
after having been accused by complaint, information, or
indictment or having been convicted of committing a
felony under Federal or State law; or
``(D) is in violation of subparagraph (2) or (3) of
the first undesignated paragraph of section 1073.
``(2) Investigation.--The term `investigation' means, with
respect to a State fugitive described in subparagraph (B) or
(C) of paragraph (1), an investigation in which there is reason
to believe that the fugitive fled from or evaded, or attempted
to flee from or evade, the jurisdiction of the court, or
escaped from custody, in or affecting, or using any facility
of, interstate or foreign commerce, or as to whom an
appropriate law enforcement officer or official of a State or
political subdivision has requested the Attorney General to
assist in the investigation, and the Attorney General finds
that the particular circumstances of the request give rise to a
Federal interest sufficient for the exercise of Federal
jurisdiction pursuant to section 1075.
``(b) Subpoenas and Witnesses.--
``(1) Subpoenas.--In any investigation with respect to the
apprehension of a fugitive, the Attorney General may subpoena
witnesses for the purpose of the production of any records
(including books, papers, documents, electronic data, and other
tangible and intangible items that constitute or contain
evidence) that the Attorney General finds, based on articulable
facts, are relevant to discerning the whereabouts of the
fugitive. A subpoena under this subsection shall describe the
records or items required to be produced and prescribe a return
date within a reasonable period of time within which the
records or items can be assembled and made available.
``(2) Witnesses.--The attendance of witnesses and the
production of records may be required from any place in any
State or other place subject to the jurisdiction of the United
States at any designated place where the witness was served
with a subpoena, except that a witness shall not be required to
appear more than 500 miles distant from the place where the
witness was served. Witnesses summoned under this section shall
be paid the same fees and mileage that are paid witnesses in
the courts of the United States.
``(c) Service.--
``(1) Agent.--A subpoena issued under this section may be
served by any person designated in the subpoena as the agent of
service.
``(2) Natural person.--Service upon a natural person may be
made by personal delivery of the subpoena to that person or by
certified mail with return receipt requested.
``(3) Corporation.--Service may be made upon a domestic or
foreign corporation or upon a partnership or other
unincorporated association that is subject to suit under a
common name, by delivering the subpoena to an officer, to a
managing or general agent, or to any other agent authorized by
appointment or by law to receive service of process.
``(4) Affidavit.--The affidavit of the person serving the
subpoena entered on a true copy thereof by the person serving
it shall be proof of service.
``(d) Contumacy or Refusal.--
``(1) In general.--In the case of the contumacy by or
refusal to obey a subpoena issued to any person, the Attorney
General may invoke the aid of any court of the United States
within the jurisdiction of which the investigation is carried
on or of which the subpoenaed person is an inhabitant, or in
which he carries on business or may be found, to compel
compliance with the subpoena. The court may issue an order
requiring the subpoenaed person to appear before the Attorney
General to produce records if so ordered.
``(2) Contempt.--Any failure to obey the order of the court
may be punishable by the court as contempt thereof.
``(3) Process.--All process in any case to enforce an order
under this subsection may be served in any judicial district in
which the person may be found.
``(4) Rights of subpoena recipient.--Not later than 20 days
after the date of service of an administrative subpoena under
this section upon any person, or at any time before the return
date specified in the subpoena, whichever period is shorter,
such person may file, in the district within which such person
resides, is found, or transacts business, a petition to modify
or quash such subpoena on grounds that--
``(A) the terms of the subpoena are unreasonable or
oppressive;
``(B) the subpoena fails to meet the requirements
of this section; or
``(C) the subpoena violates the constitutional
rights or any other legal rights or privilege of the
subpoenaed party.
``(e) Guidelines.--
``(1) In general.--The Attorney General shall issue
guidelines governing the issuance of administrative subpoenas
pursuant to this section.
``(2) Review.--The guidelines required by this subsection
shall mandate that administrative subpoenas may be issued only
after review and approval of senior supervisory personnel
within the respective investigative agency or component of the
Department of Justice and of the United States Attorney for the
judicial district in which the administrative subpoena shall be
served.
``(f) Nondisclosure Requirements.--
``(1) In general.--Except as otherwise provided by law, the
Attorney General may apply to a court for an order requiring
the party to whom an administrative subpoena is directed to
refrain from notifying any other party of the existence of the
subpoena or court order for such period as the court deems
appropriate.
``(2) Order.--The court shall enter such order if it
determines that there is reason to believe that notification of
the existence of the administrative subpoena will result in--
``(A) endangering the life or physical safety of an
individual;
``(B) flight from prosecution;
``(C) destruction of or tampering with evidence;
``(D) intimidation of potential witnesses; or
``(E) otherwise seriously jeopardizing an
investigation or undue delay of a trial.
``(g) Immunity From Civil Liability.--Any person, including
officers, agents, and employees, who in good faith produce the records
or items requested in a subpoena shall not be liable in any court of
any State or the United States to any customer or other person for such
production or for nondisclosure of that production to the customer, in
compliance with the terms of a court order for nondisclosure.''.
(b) Technical and Conforming Amendment.--The analysis for chapter
49 of title 18, United States Code, is amended by adding at the end the
following:
``1075. Administrative subpoenas to apprehend fugitives.''. | Fugitive Apprehension Act of 2001 - Amends the Federal criminal code to authorize the Attorney General to subpoena witnesses for the purpose of the production of any records that the Attorney General finds, based on articulable facts, are relevant to discerning the whereabouts of a fugitive. Specifies that the attendance of witnesses and the production of records may be required from any place in any State or other place subject to U.S. jurisdiction, except that a witness shall not be required to appear more than 500 miles from the place where the witness was served.Sets forth provisions regarding service of process and contumacy or refusal to obey a subpoena.Directs the Attorney General to issue guidelines governing the issuance of administrative subpoenas.Authorizes the Attorney General to apply to a court for an order requiring the party to whom an administrative subpoena is directed to refrain from notifying any other party of the existence of the subpoena or court order. Directs the court to enter such order if it determines that there is reason to believe that notification of the existence of the subpoena will result in: (1) endangering life or physical safety: (2) flight from prosecution; (3) destruction of or tampering with evidence; (4) intimidation of potential witnesses; or (5) otherwise seriously jeopardizing an investigation or undue delay of a trial.Grants immunity from civil liability to persons who in good faith produce records or items requested in a subpoena. | {"src": "billsum_train", "title": "A bill to provide administrative subpoena authority to apprehend fugitives."} | 1,893 | 345 | 0.50624 | 1.592194 | 0.709759 | 5.820225 | 5.970037 | 0.93633 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States-Flag Merchant Marine
Revitalization Act of 1999''.
SEC. 2. AMENDMENTS OF MERCHANT MARINE ACT, 1936.
(a) Changes in Vessels to Which Capital Construction Funds Apply.--
(1) The second sentence of subsection (a) of section 607 of
the Merchant Marine Act, 1936 is amended by striking ``for
operation in the United States foreign, Great Lakes, or
noncontiguous domestic trade or in the fisheries of the United
States'' and inserting ``for operation in the fisheries of the
United States, or in the United States foreign, Great Lakes,
noncontiguous domestic trade, or other oceangoing domestic
trade between two coastal points in the United States or in
support of operations conducted on the Outer Continental
Shelf''.
(2) Paragraph (1) of section 607(k) of such Act (defining
eligible vessel) is amended to read as follows:
``(1) The term `eligible vessel' means any vessel--
``(A) documented under the laws of the United
States, and
``(B) operated in the foreign or domestic commerce
of the United States or in the fisheries of the United
States.''.
(3) Paragraph (2)(C) of section 607(k) of such Act is
amended to read as follows:
``(C) which the person maintaining the fund agrees
with the Secretary of Commerce will be operated in the
fisheries of the United States, or in the United States
foreign, Great Lakes, noncontiguous domestic trade, or
other oceangoing domestic trade between two coastal
points in the United States or in support of operations
conducted on the Outer Continental Shelf.''.
(4) Section 607(k) of such Act is amended by striking
paragraph (8) and redesignating paragraph (9) as paragraph (8).
(5) The last sentence of paragraph (1) of section 607(f) of
such Act is amended by striking ``and containers'' each place
it appears.
(6) Paragraph (7) of section 607(k) of such Act is amended
by inserting ``containers or trailers intended for use as part
of the complement of one or more eligible vessels and'' before
``cargo handling''.
(7) Subsection (k) of section 607 of such Act (as amended
by paragraph (4)) is amended by adding at the end the following
new paragraph:
``(9) The terms `foreign commerce' and `foreign trade' have
the meanings given such terms in section 905, except that these
terms shall include commerce or trade between foreign ports.''.
(b) Treatment of Certain Lease Payments.--
(1) Paragraph (1) of section 607(f) of such Act is amended
by striking ``or'' at the end of subparagraph (B), by striking
the period at the end of subparagraph (C) and inserting ``,
or'' and by inserting after subparagraph (C) the following new
subparagraph:
``(D) the payment of amounts which reduce the
principal amount (as determined under regulations
promulgated by the Secretary) of a qualified lease of a
qualified vessel or container which is part of the
complement of an eligible vessel.''.
(2) Paragraph (4) of section 607(g) of such Act is amended
by inserting ``or to reduce the principal amount of any
qualified lease'' after ``indebtedness''.
(3) Subsection (k) of section 607 of such Act is amended by
adding after paragraph (10) the following new paragraph:
``(11) The term `qualified lease' means any lease with a
term of at least 5 years.''.
(c) Authority To Make Deposits Under the Tariff Act of 1930.--
(1) Paragraph (1) of section 607(b) of such Act is amended
by striking ``and'' at the end of subparagraph (C), by striking
the period at the end of subparagraph (D) and inserting ``,
and'', and by adding at the end the following new subparagraph:
``(E) the amount elected for deposit under
subsection (i) of section 466 of the Tariff Act of 1930
(19 U.S.C 1466).''.
(2) Subparagraph (A) of section 607(e)(2) of such Act is
amended to read as follows:
``(A) amounts referred to in subsections (b)(1)(B)
and (E),''.
(d) Authority To Make Deposits for Prior Years Based on Audit
Adjustments.--Subsection (b) of section 607 of such Act is amended by
adding at the end thereof the following new paragraph:
``(4) To the extent permitted by joint regulations,
deposits may be made in excess of the limitation described in
paragraph (1) (and any limitation specified in the agreement)
for the taxable year if, by reason of a change in taxable
income for a prior taxable year that has become final pursuant
to a closing agreement or other similar agreement entered into
during the taxable year, the amount of the deposit could have
been made for such prior taxable year.''.
(e) Treatment of Capital Gains and Losses.--
(1) Paragraph (3) of section 607(e) of such Act is amended
to read as follows:
``(3) The capital gain account shall consist of--
``(A) amounts representing long-term capital gains
(as defined in section 1222 of such Code) on assets
held in the fund, reduced by
``(B) amounts representing long-term capital losses
(as defined in such section) on assets held in the
fund.''.
(2) Subparagraph (B) of section 607(e)(4) of such Act is
amended to read as follows:
``(B)(i) amounts representing short-term capital
gains (as defined in section 1222 of such Code) on
assets held in the fund, reduced by
``(ii) amounts representing short-term capital
losses (as defined in such section) on assets held in
the fund,''.
(3) Subparagraph (B) of section 607(h)(3) of such Act is
amended by striking ``gain'' and all that follows and inserting
``long-term capital gain (as defined in section 1222 of such
Code), and''.
(4) The last sentence of subparagraph (A) of section
607(h)(6) of such Act is amended by striking ``20 percent (34
percent in the case of a corporation)'' and inserting ``the
rate applicable to net capital gain under section 1(h)(1)(C) or
1201(a) of such Code, as the case may be''.
(f) Computation of Interest With Respect to Nonqualified
Withdrawal.--
(1) Subparagraph (C) of section 607(h)(3) of such Act is
amended--
(A) by striking clause (i) and inserting the
following new clause:
``(i) no addition to the tax shall be
payable under section 6651 of such Code, and'',
and
(B) by striking ``paid at the applicable rate (as
defined in paragraph (4))'' in clause (ii) and
inserting ``paid in accordance with section 6601 of
such Code''.
(2) Subsection (h) of section 607 of such Act is amended by
striking paragraph (4) and by redesignating paragraphs (5) and
(6) as paragraphs (4) and (5), respectively.
(3) Subparagraph (A) of section 607(h)(5) of such Act, as
redesignated by paragraph (2), is amended by striking
``paragraph (5)'' and inserting ``paragraph (4)''.
(g) Other Changes.--
(1) Section 607 of such Act is amended by striking ``the
Internal Revenue Code of 1954'' each place it appears and
inserting ``the Internal Revenue Code of 1986''.
(2) Subsection (c) of section 607 of such Act is amended by
striking ``interest-bearing securities approved by the
Secretary'' and inserting ``interest-bearing securities and
other income-producing assets (including accounts receivable)
approved by the Secretary''.
SEC. 3. AMENDMENTS OF INTERNAL REVENUE CODE OF 1986.
(a) Treatment of Certain Lease Payments.--
(1) Paragraph (1) of section 7518(e) of the Internal
Revenue Code of 1986 is amended by striking ``or'' at the end
of subparagraph (B), by striking the period at the end of
subparagraph (C) and inserting ``, or'', and by inserting after
subparagraph (C) the following new subparagraph:
``(D) the payments of amounts which reduce the
principal amount (as determined under regulations) of a
qualified lease of a qualified vessel or container
which is part of the complement of an eligible
vessel.''.
(2) Paragraph (4) of section 7518(f) of such Code is
amended by inserting ``or to reduce the principal amount of any
qualified lease'' after ``indebtedness''.
(b) Authority To Make Deposits Under the Tariff Act of 1930.--
(1) Paragraph (1) of section 7518(a) of such Code is
amended by striking ``and'' at the end of subparagraph (C), by
striking the period at the end of subparagraph (D) and
inserting ``, and'', and by adding at the end the following new
subparagraph:
``(E) the amount elected for deposit under
subsection (i) of section 466 of the Tariff Act of 1930
(19 U.S.C 1466).''.
(2) Subparagraph (A) of section 7518(d)(2) of such Code is
amended to read as follows:
``(A) amounts referred to in subsections (a)(1)(B)
and (E).''.
(c) Authority To Make Deposits for Prior Years Based on Audit
Adjustments.--Subsection (a) of section 7518 of such Code is amended by
adding at the end thereof the following new paragraph:
``(4) To the extent permitted by joint regulations,
deposits may be made in excess of the limitation described in
paragraph (1) (and any limitation specified in the agreement)
for the taxable year if, by reason of a change in taxable
income for a prior taxable year that has become final pursuant
to a closing agreement or other similar agreement entered into
during the taxable year, the amount of the deposit could have
been made for such prior taxable year.''.
(d) Treatment of Capital Gains and Losses.--
(1) Paragraph (3) of section 7518(d) of such Code is
amended to read as follows:
``(3) Capital gain account.--The capital gain account shall
consist of--
``(A) amounts representing long-term capital gains
(as defined in section 1222) on assets held in the
fund, reduced by
``(B) amounts representing long-term capital losses
(as defined in such section) on assets held in the
fund.
(2) Subparagraph (B) of section 7518(d)(4) of such Code is
amended to read as follows:
``(B)(i) amounts representing short-term capital
gains (as defined in section 1222) on assets held in
the fund, reduced by
``(ii) amounts representing short-term capital
losses (as defined in such section) on assets held in
the fund,''.
(3) Subparagraph (B) of section 7518(g)(3) of such Code is
amended by striking ``gain'' and all that follows and inserting
``long-term capital gain (as defined in section 1222), and''.
(4) The last sentence of subparagraph (A) of section
7518(g)(6) of such Code is amended by striking ``20 percent (34
percent in the case of a corporation)'' and inserting ``the
rate applicable to net capital gain under such section
1(h)(1)(C) or 1201(a), as the case may be''.
(e) Computation of Interest With Respect to Nonqualified
Withdrawals.--
(1) Subparagraph (C) of section 7518(g)(3) of such Code is
amended--
(A) by striking clause (i) and inserting the
following new clause:
``(i) no addition to the tax shall be
payable under section 6651, and'', and
(B) by striking ``paid at the applicable rate (as
defined in paragraph (4))'' in clause (ii) and
inserting ``paid in accordance with section 6601''.
(2) Subsection (g) of section 7518 of such Code is amended
by striking paragraph (4) and by redesignating paragraphs (5)
and (6) as paragraphs (4) and (5), respectively.
(3) Subparagraph (A) of section 7518(g)(5) of such Code, as
redesignated by paragraph (2), is amended by striking
``paragraph (5)'' and inserting ``paragraph (4)''.
(f) Other Changes.--
(1) Paragraph (2) of section 7518(b) of such Code is
amended by striking ``interest-bearing securities approved by
the Secretary'' and inserting ``interest-bearing securities and
other income-producing assets (including accounts receivable)
approved by the Secretary''.
(2) Paragraph (1) of section 7518(e) of such Code is
amended by striking ``and containers'' each place it appears.
(3) Subsection (i) of section 7518 of such Code is amended
by striking ``this section'' and inserting ``the United States-
Flag Merchant Marine Revitalization Act of 1999''.
(4) Subparagraph (B) of section 543(a)(1) of such Code is
amended to read as follows:
``(B) interest on amounts set aside in a capital
construction fund under section 607 of the Merchant
Marine Act, 1936 (46 App. U.S.C. 1177), or in a
construction reserve fund under section 511 of such Act
(46 App. U.S.C. 1161),''.
(5) Subsection (c) of section 56 of such Code is amended by
striking paragraph (2) and by redesignating paragraph (3) as
paragraph (2).
SEC. 4. AMENDMENT TO THE TARIFF ACT OF 1930.
Section 466 of the Tariff Act of 1930 (19 U.S.C. 1466) is amended
by adding at the end the following new subsection:
``(i) Election To Deposit Duty Into a Capital Construction Fund in
Lieu of Payment to the Secretary of the Treasury.--At the election of
the owner or master of any vessel referred to in subsection (a) of this
section which is an eligible vessel (as defined in section 607(k) of
the Merchant Marine Act, 1936), the portion of any duty imposed by
subsection (a) which is deposited in a fund established under section
607 of such Act shall be treated as paid to the Secretary of the
Treasury in satisfaction of the liability for such duty.''.
SEC. 5. EFFECTIVE DATE.
(a) In General.--Except as otherwise provided in this section, the
amendments made by this Act shall apply to taxable years beginning
after the date of the enactment of this Act.
(b) Changes in Computation of Interest.--The amendments made by
sections 2(f) and 3(e) shall apply to withdrawals made after December
31, 1998, including for purposes of computing interest on such a
withdrawal for periods on or before such date.
(c) Qualified Leases.--The amendments made by sections 2(b) and
3(a) shall apply to leases in effect on, or entered into after,
December 31, 1998.
(d) Amendment to the Tariff Act of 1930.--The amendment made by
section 4 shall apply with respect to entries not yet liquidated by
December 31, 1998, and to entries made on or after such date. | United States-Flag Merchant Marine Revitalization Act of 1999 - Amends the Merchant Marine Act, 1936 to add to the list of vessels for which a capital construction fund may be established vessels that are for operation in oceangoing domestic trade between two coastal points in the United States or in support of operations conducted on the Outer Continental Shelf.
Redefines "eligible vessel" to eliminate references to being constructed or reconstructed in the United States. Revises the definition of "qualified vessel" to: (1) add references to such trade and operations; and (2) mandate an agreement with the Secretary of Commerce. (Current law mandates an agreement with the Secretary of Commerce regarding fisheries vessels and with the Secretary of Transportation regarding all other vessels.) Removes the definition of "noncontiguous trade."
Removes references to containers from provisions requiring that, in order for a withdrawal for a barge or container to be a qualified withdrawal (and except to the extent provided in regulations), the barge or container must have been constructed in the United States. Adds containers and trailers that are part of an eligible vessel's complement to the definition of "vessel."
Defines "foreign commerce" and "foreign trade."
Adds as qualified withdrawals from such funds payments that reduce the principal amount of a qualified lease of a qualified vessel or container that is part of an eligible vessel's complement. Adds references to payments to reduce the principal amount of any qualified lease to provisions regulating the tax treatment of qualified withdrawals. Defines "qualified lease" as any lease with a term of at least five years.
Adds the amount elected for deposit under specified provisions of the Tariff Act of 1930 to the list of amounts, the sum of which is the limit on deposits to a fund in any taxable year. Includes that amount in the capital account. Allows deposits in excess of the limit if a change in taxable income for a prior taxable year is such that a deposit could have been made for that prior year.
Modifies: (1) the contents of the capital gain and ordinary income accounts; (2) the tax treatment of nonqualified withdrawals from the capital gain account; (3) requirements regarding the tax rate on nonqualified withdrawals; and (4) requirements regarding unqualified withdrawal interest payable under specified provisions of the Internal Revenue Code.
Allows amounts in such funds to be invested in income-producing assets (including accounts receivable) approved by the Secretaries of Commerce (for fishing vessels) or Transportation (for all other vessels).
Amends the Internal Revenue Code to deem withdrawals qualified if they are for payments that reduce the principal of a qualified lease of a qualified vessel or container that is part of an eligible vessel's complement. Allows, if a qualified withdrawal is made from the ordinary income or capital gain accounts and used to reduce such principal, a reduction in the basis of vessels, barges, and containers owned by the person maintaining the fund.
Adds the amount elected for deposit under specified provisions of the Tariff Act of 1930 to the list of amounts, the sum of which is the limit on deposits to a fund in any taxable year.
Modifies the contents of the capital account.
Allows deposits in excess of the limit if a change in taxable income for a prior taxable year is such that a deposit could have been made for that prior year.
Modifies: (1) the contents of the capital gain and ordinary income accounts; (2) the tax treatment of nonqualified withdrawals from the capital gain account; (3) requirements regarding the tax rate on nonqualified withdrawals; and (4) requirements regarding unqualified withdrawal interest payable under specified provisions of the Code.
Allows amounts in such funds to be invested in income-producing assets (including accounts receivable) approved by the Secretaries of Commerce (for fishing vessels) or Transportation (for all other vessels).
Modifies requirements regarding qualified withdrawals and containers that are part of the complement of a qualified vessel.
Links definitions in related provisions of the Merchant Marine Act, 1936 to definitions in related provisions of the Internal Revenue Code.
Removes provisions relating to marine capital construction funds from provisions regarding the determination of the alternative minimum taxable income of a corporation.
Amends the Tariff Act of 1930 to allow the owner or master of a vessel, documented under U.S. laws to engage in foreign or coasting trade, that has purchased equipment or repairs in a foreign country to deposit the ad valorem duty on the value of the equipment or repairs in a capital construction fund rather than paying them to the Secretary of the Treasury. | {"src": "billsum_train", "title": "United States-Flag Merchant Marine Revitalization Act of 1999"} | 3,562 | 985 | 0.570961 | 1.790304 | 0.681018 | 2.322905 | 3.702793 | 0.805587 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Child Nutrition
Initiatives Act of 2003''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--SCHOOL LUNCH AND RELATED PROGRAMS
Sec. 101. Incentives for healthier schools.
Sec. 102. Grants to support farm-to-cafeteria projects.
TITLE II--SCHOOL BREAKFAST AND RELATED PROGRAMS
Sec. 201. State administrative expenses.
Sec. 202. Special supplemental program for women, infants and children.
Sec. 203. Nutrition education and training.
TITLE III--EFFECTIVE DATE
Sec. 301. Effective date.
TITLE I--SCHOOL LUNCH AND RELATED PROGRAMS
SEC. 101. INCENTIVES FOR HEALTHIER SCHOOLS.
Section 12 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1760) is amended by adding at the end the following:
``(q) Incentives for Healthier Schools.--
``(1) In general.--To encourage healthier nutritional
environments in schools and institutions receiving funds under
this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et
seq.) (other than section 17 of that Act (42 U.S.C. 1786)), the
Secretary shall establish a program under which any such school
or institution may (in accordance with paragraph (3)) receive
an increase in the reimbursement rate for meals otherwise
payable under this Act and the Child Nutrition Act of 1966, if
the school or institution implements a plan for improving the
nutritional value of meals consumed in the school or
institution by increasing the consumption of fluid milk,
fruits, and vegetables, as approved by the Secretary in
accordance with criteria established by the Secretary.
``(2) Plans.--
``(A) In general.--For purposes of the program
established under paragraph (1), the Secretary shall
establish criteria for the approval of plans of schools
and institutions for increasing consumption of fluid
milk, fruits, and vegetables.
``(B) Criteria.--An approved plan may--
``(i) establish targeted goals for
increasing fluid milk, fruit, and vegetable
consumption throughout the school or
institution or at school or institution
activities;
``(ii) improve the accessibility,
presentation, positioning, or promotion of
fluid milk, fruits, and vegetables throughout
the school or institution or at school or
institution activities;
``(iii) improve the ability of a school or
institution to tailor its food services to the
customs and demographic characteristics of--
``(I) the population of the school
or institution; and
``(II) the area where the school or
institution is located; and
``(iv) provide--
``(I) increased standard serving
sizes for fluid milk consumed in middle
and high schools; and
``(II) packaging, flavor variety,
merchandising, refrigeration, and
handling requirements that promote the
consumption of fluid milk, fruits, and
vegetables.
``(C) Administration.--In establishing criteria for
approval of plans under this subsection, the Secretary
shall--
``(i) take into account relevant research;
and
``(ii) consult with school food service
professionals, nutrition professionals, food
processors, agricultural producers, and other
groups, as appropriate.
``(3) Reimbursement rates.--
``(A) In general.--For purposes of administering
the program established under paragraph (1), the
Secretary shall increase reimbursement rates for meals under this Act
and the Child Nutrition Act of 1966 in an amount equal to not less than
2 cents and not more than 10 cents per meal, to reflect the additional
costs incurred by schools and institutions in increasing the
consumption of fluid milk, fruits, and vegetables under the program.
``(B) Criteria.--The Secretary may vary the
increase in reimbursement rates for meals based on the
degree to which the school or institution adopts the
criteria established by the Secretary under paragraph
(2).''.
SEC. 102. GRANTS TO SUPPORT FARM-TO-CAFETERIA PROJECTS.
Section 12 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1760) (as amended by section 101) is amended by adding at the
end the following:
``(r) Grants To Support Farm-to-Cafeteria Projects.--
``(1) In general.--To improve access to local foods in
schools and institutions receiving funds under this Act and the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) (other
than section 17 of that Act (42 U.S.C. 1768)), the Secretary
shall provide competitive grants to nonprofit entities and
educational institutions to establish and carry out farm-to-
cafeteria projects that may include the purchase of equipment,
the procurement of foods, and the provision of training and
education activities.
``(2) Preference for certain projects.--In selecting farm-
to-cafeteria projects to receive assistance under this
subsection, the Secretary shall give preference to projects
designed to--
``(A) procure local foods from small- and medium-
sized farms for the provision of foods for school
meals;
``(B) support nutrition education activities or
curriculum planning that incorporates the participation
of school children in farm and agriculture education
projects; and
``(C) develop a sustained commitment to farm-to-
cafeteria projects in the community by linking schools,
agricultural producers, parents, and other community
stakeholders.
``(3) Technical assistance and related information.--
``(A) Technical assistance.--In carrying out this
subsection, the Secretary may provide technical
assistance regarding farm-to-cafeteria projects,
processes, and development to an entity seeking the
assistance.
``(B) Sharing of information.--The Secretary may
provide for the sharing of information concerning farm-
to-cafeteria projects and issues among and between
government, private for-profit and nonprofit groups,
and the public through publications, conferences, and
other appropriate means.
``(4) Grants.--
``(A) In general.--From amounts made available to
carry out this subsection, the Secretary shall make
grants to assist private nonprofit entities and
educational institutions to establish and carry out
farm-to-cafeteria projects.
``(B) Maximum amount.--The maximum amount of a
grant provided to an entity under this subsection shall
be $100,000.
``(C) Matching funds requirements.--
``(i) In general.--The Federal share of the
cost of establishing or carrying out a farm-to-
cafeteria project that receives assistance
under this subsection may not exceed 75 percent
of the cost of the project during the term of
the grant, as determined by the Secretary.
``(ii) Form.--In providing the non-Federal
share of the cost of carrying out a farm-to-
cafeteria project, the grantee shall provide
the share through a payment in cash or in kind,
fairly evaluated, including facilities,
equipment, or services.
``(iii) Source.--An entity may provide the
non-Federal share through State government,
local government, or private sources.
``(D) Administration.--
``(i) Single grant.--A farm-to-cafeteria
project may be supported by only a single grant
under this subsection.
``(ii) Term.--The term of a grant made
under this subsection may not exceed 3 years.
``(5) Evaluation.--Not later than January 30, 2008, the
Secretary shall--
``(A) provide for the evaluation of the projects
funded under this subsection; and
``(B) submit to the Committee on Education and the
Workforce of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of
the Senate a report on the results of the evaluation.
``(6) Funding.--
``(A) In general.--On October 1, 2002, and on each
October 1 thereafter through October 1, 2007, out of
any funds in the Treasury not otherwise appropriated,
the Secretary of the Treasury shall transfer to the
Secretary of Agriculture to carry out this subsection
$10,000,000, to remain available until expended.
``(B) Receipt and acceptance.--The Secretary shall
be entitled to receive, shall accept, and shall use to
carry out this subsection the funds transferred under
subparagraph (A), without further appropriation.''.
TITLE II--SCHOOL BREAKFAST AND RELATED PROGRAMS
SEC. 201. STATE ADMINISTRATIVE EXPENSES.
(a) Minimum Amount.--Section 7(a)(2) of the Child Nutrition Act of
1966 (42 U.S.C. 1776(a)(2)) is amended by striking the last sentence
and inserting the following: ``In no case shall the grant available to
any State under this subsection be less than $200,000, as adjusted
in accordance with section 11(a)(3)(B) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1759a(a)(3)(B)).''.
(b) Extension.--Section 7(g) of the Child Nutrition Act of 1966 (42
U.S.C. 1776(g) is amended by striking ``2003'' and inserting ``2008''.
SEC. 202. SPECIAL SUPPLEMENTAL PROGRAM FOR WOMEN, INFANTS AND CHILDREN.
(a) Sense of Congress on Full Funding for WIC.--It is the sense of
Congress that the special supplemental nutrition program for women,
infants, and children established under section 17 of the Child
Nutrition Act of 1966 (42 U.S.C. 1786) should be fully funded for
fiscal year 2004 and each subsequent fiscal year so that all eligible
participants for the program will be permitted to participate at the
full level of participation for individuals in their category, in
accordance with regulations promulgated by the Secretary of
Agriculture.
(b) Reauthorization of Program.--Section 17(g)(1) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(g)(1)) is amended in the first
sentence by striking ``2003'' and inserting ``2008''.
(c) Nutrition Services and Administration Funds.--Section 17(h) of
the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)) is amended--
(1) in paragraph (2)(A), by striking ``2003'' and inserting
``2008''; and
(2) in paragraph (10)(A), by striking ``2003'' and
inserting ``2008''.
(d) Farmers' Market Nutrition Program.--Section 17(m) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(m)) is amended--
(1) in paragraph (1), by striking ``(m)(1) Subject'' and
all that follows through ``the Secretary'' and inserting the
following:
``(m) Farmers' Market Nutrition Program.--
``(1) In general.--The Secretary'';
(2) in paragraph (6)(B)--
(A) by striking ``(B)(i) Subject to the
availability of appropriations, if'' and inserting the
following:
``(B) Minimum amount.--If''; and
(B) by striking clause (ii); and
(3) in paragraph (9), by striking ``(9)(A)'' and all that
follows through the end of subparagraph (A) and inserting the
following:
``(9) Funding.--
``(A) In general.--Out of any funds in the Treasury
not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary of Agriculture
to carry out this subsection--
``(i) on October 1, 2003, $25,000,000;
``(ii) on October 1, 2004, $29,000,000;
``(iii) on October 1, 2005, $33,000,000;
``(iv) on October 1, 2006, $37,000,000; and
``(v) on October 1, 2007, $41,000,000.
``(B) Receipt and acceptance.--The Secretary shall
be entitled to receive, shall accept, and shall use to
carry out this subsection the funds transferred under
subparagraph (A), without further appropriation.
``(C) Availability of funds.--Funds transferred
under subparagraph (A) shall remain available until
expended.''.
SEC. 203. NUTRITION EDUCATION AND TRAINING.
Section 19(i) of the Child Nutrition Act of 1966 (42 U.S.C. 1788
(i)) is amended by striking ``(i) Authorization of Appropriations.--''
and all that follows through the end of paragraph (1) and inserting the
following:
``(i) Funding.--
``(1) Payments.--
``(A) In general.--On October 1, 2003, and on each
October 1 thereafter through October 1, 2007, out of
any funds in the Treasury not otherwise appropriated,
the Secretary of the Treasury shall transfer to the
Secretary of Agriculture to carry out this section
$27,000,000, to remain available until expended.
``(B) Receipt and acceptance.--The Secretary shall
be entitled to receive, shall accept, and shall use to
carry out this section the funds transferred under
subparagraph (A), without further appropriation.
``(2) Grants.--
``(A) In general.--Grants to each State from the
amounts made available under subparagraph (A) shall be
based on a rate of 50 cents for each child enrolled in
schools or institutions within the State.
``(B) Minimum amount.--The minimum amount of a
grant provided to a State for a fiscal year under this
section shall be $200,000, as adjusted in accordance
with section 11(a)(3)(B) of the Richard B. Russell
National School Lunch Act (42 U.S.C.
1759a(a)(3)(B)).''.
TITLE III--EFFECTIVE DATE
SEC. 301. EFFECTIVE DATE.
This Act and the amendments made by this Act take effect on October
1, 2003. | Child Nutrition Initiatives Act of 2003 - Amends the Richard B. Russell National School Lunch Act (NSLA) and the Child Nutrition Act of 1966 (CNA) to revise, reauthorize, establish, and provide funding for certain nutritional and educational programs.Amends NSLA to direct the Secretary of Agriculture (the Secretary) to establish a program of incentives for healthier schools, under which a school or institution receiving funds for meals under NSLA or CNA may receive an increase in the reimbursement rate if it implements a plan for improving the nutritional value of meals consumed there by increasing the consumption of fluid milk, fruits, and vegetables, under criteria established by the Secretary. Requires such increased reimbursements to be not less than two and not more than ten cents per meal, to reflect additional costs incurred.Amends NSLA to direct the Secretary to make competitive grants to nonprofit entities and educational institutions to establish and carry out Farm-to-Cafeteria projects that may include the purchase of equipment, the procurement of foods, and the provision of training and education activities, in order to improve access to local foods in schools and institutions receiving funds under NSLA and CNA (except the special supplemental program for women, infants, and children (WIC) which already has a WIC Farmers Market Nutrition program). Makes appropriations for Farm-to-Cafeteria projects (through transfers of specified amounts by the Secretary of Treasury).Amends CNA to revise requirements for school breakfast and related programs to increase the required minimum amount payable for State administrative expenses, and to adjust such amount for inflation. Reauthorizes appropriations for State administrative expenses.Expresses the sense of the Congress that the WIC program should be fully funded. Reauthorizes appropriations for the WIC program, including funds for nutrition services and administration.Makes appropriations for the WIC Farmers Market Nutrition program (through transfers of specified amounts by the Secretary of Treasury).Makes appropriations for the Nutrition Education and Training (NET) program (through transfers of specified amounts by the Secretary of Treasury). Increases the required minimum amount for an NET grant to a State. | {"src": "billsum_train", "title": "A bill to amend the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966 to improve certain child nutritional programs, and for other purposes."} | 3,245 | 476 | 0.596663 | 1.624605 | 0.737003 | 3.366925 | 7.286822 | 0.865633 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wright Amendment Reform Act of
2006''.
SEC. 2. MODIFICATION OF PROVISIONS REGARDING FLIGHTS TO AND FROM LOVE
FIELD, TEXAS.
(a) Expanded Service.--Section 29(c) of the International Air
Transportation Competition Act of 1979 (Public Law 96-192; 94 Stat. 35)
is amended by striking ``carrier, if (1)'' and all that follows and
inserting the following: ``carrier. Air carriers and, with regard to
foreign air transportation, foreign air carriers, may offer for sale
and provide through service and ticketing to or from Love Field, Texas,
and any United States or foreign destination through any point within
Texas, New Mexico, Oklahoma, Kansas, Arkansas, Louisiana, Mississippi,
Missouri, or Alabama.''.
(b) Repeal.--Section 29 of the International Air Transportation
Competition Act of 1979 (94 Stat. 35), as amended by subsection (a), is
repealed on the date that is 8 years after the date of enactment of
this Act.
SEC. 3. TREATMENT OF INTERNATIONAL NONSTOP FLIGHTS TO AND FROM LOVE
FIELD, TEXAS.
No person shall provide, or offer to provide, air transportation of
passengers for compensation or hire between Love Field, Texas, and any
point or points outside the 50 States or the District of Columbia on a
nonstop basis, and no official or employee of the Federal Government
may take any action to make or designate Love Field as an initial point
of entry into the United States or a last point of departure from the
United States.
SEC. 4. CHARTER FLIGHTS AT LOVE FIELD, TEXAS.
(a) In General.--Charter flights (as defined in section 212.2 of
title 14, Code of Federal Regulations) at Love Field, Texas, shall be
limited to--
(1) destinations within the 50 States and the District of
Columbia; and
(2) no more than 10 per month per air carrier for charter
flights beyond the States of Texas, New Mexico, Oklahoma,
Kansas, Arkansas, Louisiana, Mississippi, Missouri, and
Alabama.
(b) Carriers Who Lease Gates.--All flights operated to or from Love
Field by air carriers that lease terminal gate space at Love Field
shall depart from and arrive at one of those leased gates; except for--
(1) flights operated by an agency of the Federal Government
or by an air carrier under contract with an agency of the
Federal Government; and
(2) irregular operations.
(c) Carriers Who Do Not Lease Gates.--Charter flights from Love
Field, Texas, operated by air carriers that do not lease terminal space
at Love Field may operate from nonterminal facilities or one of the
terminal gates at Love Field.
SEC. 5. LOVE FIELD GATES.
(a) In General.--The city of Dallas, Texas, shall reduce as soon as
practicable, the number of gates available for passenger air service at
Love Field to no more than 20 gates. Thereafter, the number of gates
available for such service shall not exceed a maximum of 20 gates. The
city of Dallas, pursuant to its authority to operate and regulate the
airport as granted under chapter 22 of the Texas Transportation Code
and this Act, shall determine the allocation of leased gates and manage
Love Field in accordance with contractual rights and obligations
existing as of the effective date of this Act for certificated air
carriers providing scheduled passenger service at Love Field on July
11, 2006. To accommodate new entrant air carriers, the city of Dallas
shall honor the scarce resource provision of the existing Love Field
leases.
(b) Removal of Gates at Love Field.--No Federal funds or passenger
facility charges may be used to remove gates at the Lemmon Avenue
facility, Love Field, in reducing the number of gates as required under
this Act, but Federal funds or passenger facility charges may be used
for other airport facilities under chapter 471 of title 49, United
States Code.
(c) General Aviation.--Nothing in this Act shall affect general
aviation service at Love Field, including flights to or from Love Field
by general aviation aircraft for air taxi service, private or sport
flying, aerial photography, crop dusting, corporate aviation, medical
evacuation, flight training, police or fire fighting, and similar
general aviation purposes, or by aircraft operated by any agency of the
Federal Government or by any air carrier under contract to any agency
of the Federal Government.
(d) Enforcement.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary of Transportation and the Administrator of
the Federal Aviation Administration may not make findings or
determinations, issue orders or rules, withhold airport
improvement grants or approvals thereof, deny passenger
facility charge applications, or take any other actions, either
self-initiated or on behalf of third parties--
(A) that are inconsistent with the contract dated
July 11, 2006, entered into by the city of Dallas, the
city of Fort Worth, the DFW International Airport
Board, and others regarding the resolution of the
Wright Amendment issues, unless actions by the parties
to the contract are not reasonably necessary to
implement such contract; or
(B) that challenge the legality of any provision of
such contract.
(2) Compliance with title 49 requirements.--A contract
described in paragraph (1)(A) of this subsection, and any
actions taken by the parties to such contract that are
reasonably necessary to implement its provisions, shall be
deemed to comply in all respects with the parties' obligations
under title 49, United States Code.
(e) Limitation on Statutory Construction.--
(1) In general.--Nothing in this Act shall be construed--
(A) to limit the obligations of the parties under
the programs of the Department of Transportation and
the Federal Aviation Administration relating to
aviation safety, labor, environmental, national
historic preservation, civil rights, small business
concerns (including disadvantaged business enterprise),
veteran's preference, disability access, and revenue
diversion;
(B) to limit the authority of the Department of
Transportation or the Federal Aviation Administration
to enforce the obligations of the parties under the
programs described in subparagraph (A);
(C) to limit the obligations of the parties under
the security programs of the Department of Homeland
Security, including the Transportation Security
Administration, at Love Field, Texas;
(D) to authorize the parties to offer marketing
incentives that are in violation of Federal law, rules,
orders, agreements, and other requirements; or
(E) to limit the authority of the Federal Aviation
Administration or any other Federal agency to enforce
requirements of law and grant assurances (including
subsections (a)(1), (a)(4), and (s) of section 47107 of
title 49, United States Code) that impose obligations
on Love Field to make its facilities available on a
reasonable and nondiscriminatory basis to air carriers
seeking to use such facilities, or to withhold grants
or deny applications to applicants violating such
obligations with respect to Love Field.
(2) Facilities.--Paragraph (1)(E)--
(A) shall only apply with respect to facilities
that remain at Love Field after the city of Dallas has
reduced the number of gates at Love Field as required
by subsection (a); and
(B) shall not be construed to require the city of
Dallas, Texas--
(i) to construct additional gates beyond
the 20 gates referred to in subsection (a); or
(ii) to modify or eliminate preferential
gate leases with air carriers in order to
allocate gate capacity to new entrants or to
create common use gates, unless such
modification or elimination is implemented on a
nationwide basis.
SEC. 6. APPLICABILITY.
The provisions of this Act shall apply to actions taken with
respect to Love Field, Texas, or air transportation to or from Love
Field, Texas, and shall have no application to any other airport (other
than an airport owned or operated by the city of Dallas or the city of
Fort Worth, or both).
SEC. 7. EFFECTIVE DATE.
Sections 1 through 6, including the amendments made by such
sections, shall take effect on the date that the Administrator of the
Federal Aviation Administration notifies Congress that aviation
operations in the airspace serving Love Field and the Dallas-Fort Worth
area which are likely to be conducted after enactment of this Act can
be accommodated in full compliance with Federal Aviation Administration
safety standards in accordance with section 40101 of title 49, United
States Code, and, based on current expectations, without adverse effect
on use of airspace in such area. | Wright Amendment Reform Act of 2006 - Amends the International Air Transportation Competition Act of 1979, regarding air transportation to or from Love Field, Texas, (the Wright Amendment), to authorize domestic and foreign air carriers to offer for sale and to provide air transportation to or from Love Field, Texas, and any U.S. or foreign destination through any point within specified states (effectively expanding domestic and foreign air service at Love Field, Texas).
Repeals the Wright Amendment eight years after enactment of this Act.
Prohibits: (1) a person from providing nonstop air passenger service between Love Field, Texas, and any point or points outside the 50 states or the District of Columbia; and (2) a federal official or employee from designating Love Field, Texas, as an initial point of entry into the United States or a last point of departure from the United States.
Limits charter flights at Love Field, Texas.
Requires the city of Dallas, Texas, to reduce the number of gates available for air service at Love Field.
Prohibits federal funds or passenger facility charges from being used to remove gates at the Lemmon Avenue facility, Love Field, to reduce the number of gates, but permits the use of such funds for other airport facilities.
Prohibits anything in this Act from affecting general aviation service at Love Field, Texas. | {"src": "billsum_train", "title": "To amend section 29 of the International Air Transportation Competition Act of 1979 relating to air transportation to and from Love Field, Texas."} | 1,831 | 284 | 0.686873 | 2.089379 | 0.856445 | 4.667939 | 6.751908 | 0.927481 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Vaccine Injured Children's
Compensation Act of 2001''.
SEC. 2. PURPOSE OF PROGRAM.
Section 2110(a) of the Public Health Service Act, such Act (42
U.S.C. 300aa-10(a)) is amended by adding at the end the following
sentence: ``Such Program is a remedial program that is to be construed,
both as to causation and damages, in a fashion that gives broad effect
to the remedial purpose of this subtitle. Concepts of sovereign
immunity do not apply in such Program.''.
SEC. 3. BURDEN OF PROOF.
Section 2113 of the Public Health Service Act (42 U.S.C. 300aa-13)
is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A), by striking ``a
preponderance of the evidence'' and inserting the
following: ``submitting evidence sufficient to justify
a belief by a fair and impartial individual that
petitioner's claims are well grounded as to''; and
(B) in the matter after and below subparagraph (B),
by adding at the end the following: ``When, after
consideration of all evidence and material of record in
a case, there is an approximate balance of positive and
negative evidence, while applying the standard under
subparagraph (A), regarding the merits of an issue
material to the determination of the matter, the
benefit of the doubt in resolving each such issue shall
be given to petitioner.'';
(2) in subsection (a)(2)(B)--
(A) by inserting ``only'' before ``include
infection''; and
(B) by inserting a comma after ``metabolic
disturbances'';
(3) in subsection (a), by adding at the end the following
paragraph:
``(3) Any defense raised by respondent that the illness,
disability, injury, condition, or death described in the
petition was in fact due to factors unrelated to the
administration of the vaccine must be proved by clear and
convincing evidence and may not be made on the basis of a
repudiation of the Vaccine Injury Table.''; and
(4) in subsection (b)(1), in the matter after and below
subparagraph (B), by striking ``shall consider the entire
record and the course of the injury'' and inserting the
following: ``shall consider the entire record. In the
evaluation of damages and future needs, the special master or
court shall consider the course of injury''.
SEC. 4. COMPENSATION ISSUES.
Section 2115 of the Public Health Service Act (42 U.S.C. 300aa-15)
is amended--
(1) in subsection (a)--
(A) in paragraph (1)(A)--
(i) in clause (ii), by striking ``and'' at
the end;
(ii) in clause (iii), by striking the
period at the end of subclause (II) and
inserting ``; and''; and
(iii) by adding at the end the following
clause:
``(iv) are necessary for the establishment and
maintenance of a trust to receive program funds.'';
(B) in paragraph (4), by adding after the period
the following sentence: ``No reduction to net present
value shall be applied to this portion of a
petitioner's award.''; and
(C) by adding at the end the following paragraph:
``(5) Actual unreimbursable expenses that have been or will
be incurred for family counseling and/ or training determined
to be reasonably necessary and that result from the vaccine-related
injury for which the petitioner seeks compensation.'';
(2) in subsection (b)--
(A) in paragraph (1), by adding ``and'' after the
comma at the end;
(B) in paragraph (2), by striking ``, and'' and
inserting a period; and
(C) by striking paragraph (3); and
(3) in subsection (e), by adding at the end the following
paragraph:
``(4)(A) During the pendency of a petition filed under
section 2111 (whether for a vaccine administered after the
effective date of this part or before such date), the special
master or court may, upon application of the petitioner, award
payments to cover the petitioner's reasonable attorneys' fees
and other costs that have been incurred with respect to the
petition.
``(B) Payments under subparagraph (A) regarding the
petition involved may not be made more frequently than once
every 90 days.'' .
SEC. 5. LIMITATIONS OF ACTIONS.
Section 2116 of the Public Health Service Act (42 U.S.C. 300aa-16)
is amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``36 months'' and
inserting ``72 months'';
(B) in paragraph (3)--
(i) by striking ``24 months'' and inserting
``36 months''; and
(ii) by striking ``48 months'' and
inserting ``72 months''; and
(C) by adding after and below paragraph (3) the
following:
``Notwithstanding the limitations contained in this subtitle as amended
by the Vaccine Injury Compensation Program Corrective Amendments of
2001, the time period for filing a petition shall be extended an
additional 36 months from the date the petitioner first knew or
reasonably should have known that the petitioner may have been eligible
for compensation under this subtitle, including knowledge not only that
the injury or death involved may have been caused by the vaccine, but
also that a petition under section 2111 was a potential remedy.'';
(2) in subsection (b), in the matter preceding paragraph
(1), by striking ``2 years'' and inserting ``72 months''; and
(3) by adding at the end the following subsections:
``(d) The statute of limitations for filing a petition under
section 2111 shall be tolled until petitioner reaches the age of 18,
and, if a petitioner is incompetent, until 24 months after a guardian
is appointed or otherwise qualified by a court of competent
jurisdiction.
``(e) Notwithstanding section 2114(c)(4) or 2111(b)(2), if a
petitioner who previously filed a petition under section 2111 was
denied compensation because of (1) failure to satisfy the former $1,000
unreimbursed expenses requirement of section 2111(c)(1)(D)(I), or (2)
failure to satisfy the filing deadlines set forth in section 2114, in
any case in which the petitioner would have satisfied the limitations
of actions provisions of this subtitle as amended by the Vaccine Injury
Compensation Program Corrective Amendments of 2001, then the petitioner
shall have the right to refile the petition within 72 months after
reaching the age of majority, or within 24 months after the effective
date of such Amendments, whichever is the longer period.''. | Vaccine Injured Children's Compensation Act of 2001 - Amends provisions of the Public Health Service Act relating to the National Vaccine Injury Compensation Program to: (1) designate the Program as a remedial program under which sovereign immunity does not apply; (2) change the burden of proof requirement for the award of compensation from a preponderance of the evidence to evidence sufficient to justify a belief that the petitioner's claims are well grounded (while giving the benefit of doubt to the petitioner); (3) require any defense raised that an illness, injury, or death was due to unrelated factors to be proved by clear and convincing evidence; (4) authorize as Program compensation expenses necessary for the establishment of a trust to receive Program funds, as well as expenses incurred for family counseling or training necessitated by the vaccine-related injury; (5) allow the award of petitioner's attorneys' fees; (6) increase to up to 72 months the statute of limitations under the Program; (7) allow such period to be extended for an additional 36 months after a petitioner first knew or should have known about his or her eligibility for compensation; (8) toll the statute of limitations until a petitioner reaches age 18 and, if a petitioner is incompetent, until 24 months after a guardian is appointed; and (9) authorize the refiling of a previously failed petition if the petitioner would have met the extended statute of limitations provided under this Act. | {"src": "billsum_train", "title": "To amend the Public Health Service Act with respect to the Vaccine Injury Compensation Program."} | 1,561 | 320 | 0.57726 | 1.926287 | 0.811072 | 2.856115 | 5.190647 | 0.899281 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Artists' Rights and Theft Prevention
Act of 2004'' or the ``ART Act''.
SEC. 2. CONGRESSIONAL FINDINGS.
Congress finds the following:
(1) Intellectual property--
(A) represents the ideas, imagination and
creativity needed to innovate long before a product is
brought to market;
(B) is fundamental to the continued economic,
social, and cultural development of society; and
(C) deserves the protection of our laws.
(2) Music, film, software, and all other forms of
intellectual property represent one of the strongest and most
significant sectors of the United States economy, as
demonstrated by the fact that these industries--
(A) accounted for more than 5 percent of the United
States Gross Domestic Product, or $535,100,000,000 in
2001;
(B) represent almost 6 percent of all United States
employment; and
(C) led all major industry sectors in foreign sales
and exports in 2001.
(3) In an attempt to combat the growing use of the Internet
and technology for the illegal reproduction and distribution of
copyrighted materials, Congress unanimously passed and
President Clinton signed the ``No Electronic Theft (NET) Act''
in 1997. The NET Act is designed to strengthen copyright and
trademark laws and to permit the prosecution of individuals in
cases involving large-scale illegal reproduction or
distribution of copyrighted works where the infringers act
willfully.
(4) Under the No Electronic Theft (NET) Act's economic harm
requirement, investigations by law enforcement of copyright
infringements are particularly resource intensive and pose
significant challenges. In the interest of broader deterrence
and in order to facilitate the prosecution of particularly
egregious copyright violations, it is important to recognize
that a significant level of economic harm can be reached by the
distribution of prerelease commercial works.
(5) The use of camcorders and other audiovisual recording
devices in movie theaters to make illegal copies of films is
posing a serious threat to the motion picture industry.
According to a recent industry study, 92.4 percent of the first
copies of movies available for download on the Internet
originate from camcorders.
(6) Given the difficulty of enforcement, online theft of
music, film, software, and all forms of intellectual property
continues to rise. The negative effects on this large segment
of the United States economy are significant, as exemplified by
almost a 31 percent drop in sales for the music industry from
the middle of 2000 to the middle of 2003.
(7) Federal legislation is necessary and warranted to
combat the most egregious forms of online theft of intellectual
property and its significant, negative economic impact on the
United States economy because--
(A) Article 1, section 8 of the United States
Constitution gives Congress the power ``[t]o promote
the Progress of Science and useful Arts, by securing
for limited Times to Authors and Inventors the
exclusive Right to their respective Writings and
Discoveries,'' as well as the power ``[t]o regulate
Commerce with foreign nations, and among the several
States.'';
(B) the importance of the music, film, software and
other intellectual property-based industries to the
overall health of the United States economy is well
documented and significant; and
(C) theft and unauthorized distribution of
intellectual property across State and international
lines occurs on a regular basis.
SEC. 3. CRIMINAL PENALTIES FOR UNAUTHORIZED RE-CORDING OF MOTION
PICTURES IN A MOTION PICTURE EXHIBITION FACILITY.
(a) In General.--Chapter 113 of title 18, United States Code, is
amended by adding after section 2319A the following new section:
``Sec. 2319B. Unauthorized recording of motion pictures in a motion
picture exhibition facility
``(a) Offense.--Any person who, without the authorization of the
copyright owner, knowingly uses or attempts to use an audiovisual
recording device to transmit or make a copy of a motion picture or
other audiovisual work protected under title 17, or any part thereof,
from a performance of such work in a motion picture exhibition
facility, shall--
``(1) be imprisoned for not more than 3 years, fined under
this title, or both; or
``(2) if the offense is a second or subsequent offense, be
imprisoned for no more than 6 years, fined under this title, or
both.
``(b) Forfeiture and Destruction.--When a person is convicted of a
violation of subsection (a), the court in its judgment of conviction
shall, in addition to any penalty provided, order the forfeiture and
destruction or other disposition of all unauthorized copies of motion
pictures or other audiovisual works protected under title 17, or parts
thereof, and any audiovisual recording devices or other equipment used
in connection with the offense.
``(c) Authorized Activities.--This section does not prevent any
lawfully authorized investigative, protective, or intelligence activity
by an officer, agent, or employee of the United States, a State, or a
political subdivision of a State, or a person acting under a contract
with the United States, a State, or a political subdivision of a State.
``(d) Immunity for Theaters.--With reasonable cause, the owner or
lessee of a facility where a motion picture is being exhibited, the
authorized agent or employee of such owner or lessee, the licensor of
the motion picture being exhibited, or the agent or employee of such
licensor--
``(1) may detain, in a reasonable manner and for a
reasonable time, any person suspected of a violation of this
section for the purpose of questioning or summoning a law
enforcement officer; and
``(2) shall not be held liable in any civil or criminal
action arising out of a detention under paragraph (1).
``(e) Victim Impact Statement.--
``(1) In general.--During the preparation of the
presentence report under rule 32(c) of the Federal Rules of
Criminal Procedure, victims of an offense under this section
shall be permitted to submit to the probation officer a victim
impact statement that identifies the victim of the offense and
the extent and scope of the injury and loss suffered by the
victim, including the estimated economic impact of the offense
on that victim.
``(2) Contents.--A victim impact statement submitted under
this subsection shall include--
``(A) producers and sellers of legitimate works
affected by conduct involved in the offense;
``(B) holders of intellectual property rights in
the works described in subparagraph (A); and
``(C) the legal representatives of such producers,
sellers, and holders.
``(f) Definitions.--In this section, the following definitions
shall apply:
``(1) Title 17 definitions.--The terms `audiovisual work',
`copy', `copyright owner', `motion picture', `motion picture
exhibition facility', and `transmit' have, respectively, the
meanings given those terms in section 101 of title 17.
``(2) Audiovisual recording device.--The term `audiovisual
recording device' means a digital or analog photographic or
video camera, or any other technology or device capable of
enabling the recording or transmission of a copyrighted motion
picture or other audiovisual work, or any part thereof,
regardless of whether audiovisual recording is the sole or
primary purpose of the device.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 113 of title 18, United States Code, is amended by inserting
after the item relating to section 2319A the following:
``2319B. Unauthorized recording of motion pictures in a motion picture
exhibition facility.''.
(c) Definition.--Section 101 of title 17, United States Code, is
amended by inserting after the definition of ``Motion pictures'' the
following:
``The term `motion picture exhibition facility' means a movie
theater, screening room, or other venue that is being used primarily
for the exhibition of a copyrighted motion picture, if such exhibition
is open to the public or is made to an assembled group of viewers
outside of a normal circle of a family and its social acquaintances.''.
SEC. 4. CRIMINAL INFRINGEMENT OF A WORK BEING PREPARED FOR COMMERCIAL
DISTRIBUTION.
(a) Prohibited Acts.--Section 506(a) of title 17, United States
Code, is amended to read as follows:
``(a) Criminal Infringement.--
``(1) In general.--Any person who willfully infringes a
copyright shall be punished as provided under section 2319 of
title 18, if the infringement was committed--
``(A) for purposes of commercial advantage or
private financial gain;
``(B) by the reproduction or distribution,
including by electronic means, during any 180-day
period, of 1 or more copies or phonorecords of 1 or
more copyrighted works, which have a total retail value
of more than $1,000; or
``(C) by the distribution of a work being prepared
for commercial distribution, by making it available on
a computer network accessible to members of the public,
if such person knew or should have known that the work
was intended for commercial distribution.
``(2) Evidence.--For purposes of this subsection, evidence
of reproduction or distribution of a copyrighted work, by
itself, shall not be sufficient to establish willful
infringement of a copyright.
``(3) Definition.--In this subsection, the term `work being
prepared for commercial distribution' means--
``(A) a computer program, a musical work, a motion
picture or other audiovisual work, or a sound
recording, if at the time of unauthorized
distribution--
``(i) the copyright owner has a reasonable
expectation of commercial distribution; and
``(ii) the copies or phonorecords of the
work have not been commercially distributed; or
``(B) a motion picture, if at the time of
unauthorized distribution, the motion picture--
``(i) has been made available for viewing
in a motion picture exhibition facility; and
``(ii) has not been made available in
copies for sale to the general public in the
United States in a format intended to permit
viewing outside a motion picture exhibition
facility.''.
(b) Criminal Penalties.--Section 2319 of title 18, United States
Code, is amended--
(1) in subsection (a)--
(A) by striking ``Whoever'' and inserting ``Any
person who''; and
(B) by striking ``and (c) of this section'' and
inserting ``, (c), and (d)'';
(2) in subsection (b), by striking ``section 506(a)(1)''
and inserting ``section 506(a)(1)(A)'';
(3) in subsection (c), by striking ``section 506(a)(2) of
title 17, United States Code'' and inserting ``section
506(a)(1)(B) of title 17'';
(4) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively;
(5) by adding after subsection (c) the following:
``(d) Any person who commits an offense under section 506(a)(1)(C)
of title 17--
``(1) shall be imprisoned not more than 3 years, fined
under this title, or both;
``(2) shall be imprisoned not more than 5 years, fined
under this title, or both, if the offense was committed for
purposes of commercial advantage or private financial gain;
``(3) shall be imprisoned not more than 6 years, fined
under this title, or both, if the offense is a second or
subsequent offense; and
``(4) shall be imprisoned not more than 10 years, fined
under this title, or both, if the offense is a second or
subsequent offense under paragraph (2).''; and
(6) in subsection (f), as redesignated--
(A) in paragraph (1), by striking ``and'' at the
end;
(B) in paragraph (2), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
``(3) the term `financial gain' has the meaning given the
term in section 101 of title 17; and
``(4) the term `work being prepared for commercial
distribution' has the meaning given the term in section 506(a)
of title 17.''.
SEC. 5. CIVIL REMEDIES FOR INFRINGEMENT OF A WORK BEING PREPARED FOR
COMMERCIAL DISTRIBUTION.
(a) Preregistration.--Section 408 of title 17, United States Code,
is amended by adding at the end the following:
``(f) Preregistration of Works Being Prepared for Commercial
Distribution.--
``(1) Rulemaking.--Not later than 180 days after the date
of enactment of this Act, the Register of Copyrights shall
issue regulations to establish procedures for preregistration
of a work that is being prepared for commercial distribution
and has not been published.
``(2) Class of works.--The regulations established under
paragraph (1) shall permit preregistration for any work that is
in a class of works that the Register determines has had a
history of infringement prior to authorized commercial
distribution.
``(3) Application for registration.--Not later than 3
months after the first publication of the work, the applicant
shall submit to the Copyright Office--
``(A) an application for registration of the work;
``(B) a deposit; and
``(C) the applicable fee.
``(4) Effect of untimely application.--An action for
infringement under this chapter shall be dismissed, and no
award of statutory damages or attorney fees shall be made for a
preregistered work, if the items described in paragraph 3 are
not submitted to the Copyright Office in proper form within the
earlier of--
``(A) 3 months after the first publication of the
work; or
``(B) 1 month after the copyright owner has learned
of the infringement.''.
(b) Infringement Actions.--Section 411(a) of title 17, United
States Code, is amended by inserting ``preregistration or'' after
``shall be instituted until''.
(c) Exclusion.--Section 412 of title 17, United States Code, is
amended by inserting ``, an action for infringement of the copyright of
a work that has been preregistered under section 408(f) before the
commencement of the infringement,'' after ``section 106A(a)''.
SEC. 6. FEDERAL SENTENCING GUIDELINES.
(a) Review and Amendment.--Not later than 180 days after the date
of enactment of this Act, the United States Sentencing Commission,
pursuant to its authority under section 994 of title 28, United States
Code, and in accordance with this section, shall review and, if
appropriate, amend the Federal sentencing guidelines and policy
statements applicable to persons convicted of intellectual property
rights crimes, including any offense under--
(1) section 506, 1201, or 1202 of title 17, United States
Code; or
(2) section 2318, 2319, 2319A, 2319B, or 2320 of title 18,
United States Code.
(b) Authorization.--The United States Sentencing Commission may
amend the Federal sentencing guidelines in accordance with the
procedures set forth in section 21(a) of the Sentencing Act of 1987 (28
U.S.C. 994 note) as though the authority under that section had not
expired.
(c) Responsibilities of United States Sentencing Commission.--In
carrying out this subsection, the United States Sentencing Commission
shall--
(1) take all appropriate measures to ensure that the
Federal sentencing guidelines and policy statements described
in subsection (a) are sufficiently stringent to deter, and
adequately reflect the nature of, intellectual property rights
crimes;
(2) determine whether to provide a sentencing enhancement
for those convicted of the offenses described in subsection
(a), if the conduct involves the display, performance,
publication, reproduction, or distribution of a copyrighted
work before it has been authorized by the copyright owner,
whether in the media format used by the infringing party or in
any other media format;
(3) determine whether the scope of ``uploading'' set forth
in application note 3 of section 2B5.3 of the Federal
sentencing guidelines is adequate to address the loss
attributable to people who broadly distribute copyrighted works
without authorization over the Internet; and
(4) determine whether the sentencing guidelines and policy
statements applicable to the offenses described in subsection
(a) adequately reflect any harm to victims from copyright
infringement if law enforcement authorities cannot determine
how many times copyright material has been reproduced or
distributed.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Department of
Justice $5,000,000 for each of the fiscal years 2005, 2006, 2007, 2008,
and 2009 to prosecute violations of intellectual property rights as set
forth under sections 2318, 2319, 2319A, 2319B, and 2320 of title 18,
United States Code.
Passed the Senate June 25, 2004.
Attest:
EMILY J. REYNOLDS,
Secretary. | Artists' Rights and Theft Prevention Act of 2004 (ART Act) - (Sec. 3) Amends the Federal criminal code to prohibit use of an audiovisual recording device to transmit or copy a protected audiovisual work from a performance in a motion picture exhibition facility without the authorization of the copyright owner. Authorizes a court, upon a conviction, to order the forfeiture and destruction of unauthorized copies and of equipment used in such an offense. Permits a facility owner, motion picture licensor, or employee thereof to detain any person suspected of violating such prohibition for purposes of questioning or summoning a law enforcement officer. Grants such parties immunity from liability for such detention. Requires that victims be permitted to submit for inclusion in the presentence report a victim impact statement identifying the injuries and losses suffered.
(Sec. 4) Establishes criminal penalties for willful copyright infringement by the distribution of a computer program, musical work, motion picture or other audiovisual work, or sound recording being prepared for commercial distribution by making it available on a computer network accessible to members of the public, if the person knew or should have known that the work was intended for commercial distribution.
(Sec. 5) Directs the Register of Copyrights to issue regulations to establish procedures for preregistration of a work that is being prepared for commercial distribution and has not been published. Requires such regulations to permit preregistration for any work that is in a class of works that the Register determines has had a history of infringement prior to authorized commercial distribution. Requires the applicant to submit, within three months after the work's first publication, an application for registration, a deposit, and the applicable fee. Directs that an application for infringement be dismissed, and prohibits any award of statutory damages or attorney fees, for a preregistered work if those items are not submitted to the Copyright Office in proper form within the earlier of: (1) three months after the work's first publication; or (2) one month after the copyright owner has learned of the infringement.
(Sec. 6) Directs the U.S. Sentencing Commission to review and, if appropriate, amend the Federal sentencing guidelines and policy statements applicable to persons convicted of intellectual property rights offenses, including trafficking in counterfeit labels for phonorecords and copies of motion pictures and unauthorized fixation of and trafficking in sound recordings and music videos of live musical performances. Directs the Commission to: (1) take measures to ensure that the guidelines and policy statements are sufficiently stringent to deter, and adequately reflect the nature of, intellectual property crimes; (2) determine whether to provide a sentencing enhancement for those convicted of the listed offenses if the conduct involves the display, performance, publication, reproduction, or distribution of a copyrighted work before it has been authorized; (3) determine whether the scope of "uploading" set forth in the sentencing guidelines is adequate to address the loss attributable to people who broadly distribute copyrighted works without authorization over the Internet; and (4) determine whether the sentencing guidelines and policy statements adequately reflect any harm to victims from copyright infringement if law enforcement authorities cannot determine how many times copyright material has been reproduced or distributed.
(Sec. 7) Authorizes appropriations to the Department of Justice for FY 2005 through 2009 to prosecute violations of intellectual property rights. | {"src": "billsum_train", "title": "A bill to provide criminal penalties for unauthorized recording of motion pictures in a motion picture exhibition facility, to provide criminal and civil penalties for unauthorized distribution of commercial prerelease copyrighted works, and for other purposes."} | 3,934 | 760 | 0.497091 | 1.779712 | 0.637677 | 4.661905 | 5.653968 | 0.934921 |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Serving America's
Veterans Effectively Act of 2014'' or the ``SAVE Act of 2014''.
(b) Findings.--Congress makes the following findings:
(1) Veterans often have unique health needs that may be
related to their service to the American people and may be more
at risk for certain conditions, including cancer, infectious
diseases, musculoskeletal problems, post-traumatic stress
disorder, traumatic brain injury, dermatological problems,
reproductive health issues, and other conditions.
(2) As part of a detailed patient history, knowing whether
or not a patient is a veteran helps a physician to make
accurate treatment recommendations or carry out needed
screenings.
(3) If a physician is not aware that a patient is a
veteran, the physician may not think to perform recommended
screenings or be able to diagnose symptoms that at first seemed
unconnected. As a result, the patient and the patient's family
may suffer as medical problems go undiagnosed or misdiagnosed.
(4) Physicians routinely ask about similar types of patient
history that can affect current health status, such as whether
a patient has a family history of certain conditions or was
exposed to certain environmental factors. Questions about
veteran status give patients the opportunity to voluntarily
answer with information that can help their physicians better
establish a course of treatment.
(5) Making the question of whether a patient served in the
Armed Forces part of consistently used frameworks, such as the
``Welcome to Medicare'' physical examination and Medicare
Electronic Health Record program, ensures that it will become
part of clinicians' routine for new patients.
(6) While many physicians, such as those working at
Department of Veterans Affairs facilities, may already be aware
of their patients' experiences in the Armed Forces, there are
indications that as much as 70 percent of veterans seek care
from other facilities.
(7) Many organizations serving both veterans and health
care professionals currently work to educate health providers
on the health needs of veterans and appropriate medical care
that should be provided. Additional Federal support is needed
to ensure that all physicians are properly prepared to diagnose
and treat patients upon learning that they have served in the
Armed Forces.
SEC. 2. ACTIVITIES TO PROMOTE IDENTIFICATION AND AWARENESS OF VETERANS
HEALTH NEEDS IN FURNISHING ITEMS AND SERVICES UNDER
MEDICARE, MEDICAID, AND OTHER PROGRAMS.
(a) Inclusion of Veteran Status in Patient Information for
Meaningful Use of Electronic Health Records Under Medicare and
Medicaid.--In establishing regulations regarding what constitutes
meaningful use with respect electronic health records in applying
sections 1848(o), 1853(m), 1886(b)(3)(B)(ix), and 1886(n)(3) of the
Social Security Act (42 U.S.C. 1395w-4(o), 1395w-23(m),
1395ww(b)(3)(B)(ix), 1395ww(n)(3)) and related provisions of title XIX
of such Act, the Secretary of Health and Human Services shall include
in the patient information required for meaningful use whether or not
the patient served in the Armed Forces.
(b) Identification of Veterans as Part of Individual History in
Welcome to Medicare Visit.--In carrying out section 1861(ww) of the
Social Security Act (42 U.S.C. 1395x(ww)), the Secretary of Health and
Human Services shall include, as a component of reviewing an
individual's medical and social history under an initial preventive
physical examination under section 410.16 of title 42, Code of Federal
Regulations, an inquiry as to whether the individual served in the
Armed Forces and any relevant circumstances relating to that
individual's service that may bear on the medical or social condition
of that individual.
(c) Additional Activities To Improve Awareness of Veterans' Health
Care Needs.--The Secretary of Health and Human Services shall take such
additional actions, otherwise authorized under law, as may be
appropriate to promote awareness, among non-governmental physicians in
their furnishing services, of the special circumstances and health care
needs of veterans.
SEC. 3. GRANTS FOR PROVIDER EDUCATION ON HEALTH TREATMENT FOR VETERANS.
(a) In General.--The Secretary of Health and Human Services may
make grants to organizations for the purpose of educating health care
providers on appropriate health care treatment for patients who have
served in the Armed Forces. Such grants shall be awarded under such
terms and conditions as the Secretary shall specify.
(b) Authorization of Appropriations.--There are authorized to be
appropriated $10,000,000 to carry out this section, which shall remain
available until expended. | Serving America's Veterans Effectively Act of 2014 or the SAVE Act of 2014 - Directs the Secretary of Health and Human Services (HHS) to: require the inclusion of a patient's status as a veteran in the patient information that the Secretary requires for meaningful use of electronic health records under the Medicare and Medicaid programs, include an inquiry into whether a patient is a veteran and any relevant circumstances relating to a veteran's service in the Armed Forces as part of the initial preventive examination of Medicare beneficiaries, and take such additional actions as may be appropriate to promote awareness among nongovernmental physicians of the special circumstances and health care needs of veterans. Authorizes the Secretary to make grants to organizations to educate health care providers on appropriate health care for veterans. | {"src": "billsum_train", "title": "SAVE Act of 2014"} | 1,048 | 163 | 0.532575 | 1.565761 | 0.654759 | 3.138889 | 6.291667 | 0.930556 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Providing Assistance with the
Paperwork from Excessive Regulations Act of 2012''.
SEC. 2. SUSPENSION OF FINES FOR FIRST-TIME PAPERWORK VIOLATIONS BY
SMALL BUSINESS CONCERNS.
Section 3506 of title 44, United States Code (commonly referred to
as the ``Paperwork Reduction Act''), is amended by adding at the end
the following:
``(j) Suspension of Fines for Certain Small Business Concerns.--
``(1) Small business concern.--In this subsection, the term
`small business concern' given that term under section 3 of the
Small Business Act (15 U.S.C. 632).
``(2) In general.--In the case of a first-time violation by
a small business concern of a requirement regarding the
collection of information by an agency, the head of the agency
shall not impose a civil fine on the small business concern
unless the head of the agency determines that--
``(A) the violation has the potential to cause
serious harm to the public interest;
``(B) failure to impose a civil fine would impede
or interfere with the detection of criminal activity;
``(C) 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;
``(D) the violation was not corrected on or before
the date that is 6 months after the date on which the
small business concern receives notification of the
violation in writing from the agency; or
``(E) except as provided in paragraph (3), the
violation presents a danger to the public health or
safety.
``(3) Danger to public health or safety.--
``(A) In general.--In any case in which the head of
an agency determines under paragraph (2)(E) that a
violation presents a danger to the public health or
safety, the head of the agency may, notwithstanding
paragraph (2)(E), determine not to impose a civil fine
on the small business concern if the violation is
corrected not later than 5 business days after receipt
by the owner of the small business concern of
notification of the violation in writing.
``(B) Considerations.--In determining whether to
allow a small business concern 5 business days to
correct a violation under subparagraph (A), the head of
an 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;
and
``(iii) whether the small business concern
has obtained a significant economic benefit
from the violation.
``(C) Notice to congress.--In any case in which the
head of an agency imposes a civil fine on a small
business concern for a violation that presents a danger
to the public health or safety and does not allow the
small business concern 5 business days to correct the
violation under subparagraph (A), the head of the
agency shall notify Congress regarding the
determination not later than 60 days after the date on
which the civil fine is imposed by the agency.
``(4) Limited to first-time violations.--
``(A) In general.--This subsection shall not apply
to any violation by a small business concern of a
requirement regarding collection of information by an
agency if the small business concern previously
violated any requirement regarding collection of
information by the agency.
``(B) Other agencies.--For purposes of making a
determination under subparagraph (A), the head of an
agency shall not take into account any violation of a
requirement regarding collection of information by
another agency.''. | Providing Assistance with the Paperwork from Excessive Regulations Act of 2012 - Amends the Paperwork Reduction Act to direct agency heads not to impose a civil fine for a first-time paperwork violation by a small business concern unless: (1) there is potential for serious harm to the public interest; (2) the detection of criminal activity would be impaired; (3) 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; (4) the small business concern fails to correct such violation within six months after receiving notice of the violation; or (5) the violation presents a danger to the public health or safety.
Permits an agency to determine that a fine should not be imposed for a violation that presents a danger to public health or safety if the violation is corrected within five days after receipt by the small business concern of notification of the violation in writing.
Makes this Act inapplicable to any violation by a small business concern of a requirement regarding the collection of information by an agency if the small business concern previously violated any requirement regarding the collection of information by that agency. | {"src": "billsum_train", "title": "To amend title 44 of the United States Code, to provide for the suspension of fines under certain circumstances for first-time paperwork violations by small entities, and for other purposes."} | 882 | 252 | 0.733829 | 1.985996 | 0.856351 | 4.832599 | 3.621145 | 0.938326 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Food Stamp Quality Control System
Act of 1993''.
SEC. 2. FOOD STAMP QUALITY CONTROL SYSTEM.
(a) Collection and Disposition of Claims.--The fifth sentence of
section 13(a)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2022(a)(1)) is
amended by striking ``(after a determination on any request for a
waiver for good cause related to the claim has been made by the
Secretary)''.
(b) Administrative and Judicial Review.--Section 14(a) of such Act
(7 U.S.C. 2023(a)) is amended--
(1) in the sixth sentence, by inserting after ``pursuant to
section 16(c)'' the following: ``(including determinations as
to whether there is good cause for not imposing all or part of
the penalty)'';
(2) by inserting after the sixth sentence the following new
sentence: ``In deciding whether to uphold all or part of a
penalty (including whether there is good cause for not imposing
all or part of the penalty), the judges shall conduct a
thorough review of the issues and take into account all
relevant evidence.'';
(3) by inserting after the eighth sentence (after the
amendment made by paragraph (2)) the following new sentence:
``The deliberative process privilege shall not be the basis for
the withholding of documents by the Secretary or the State
agency.''; and
(4) by striking the last sentence.
(c) Administrative Cost Sharing and Quality Control.--Subsection
(c) of section 16 of such Act (7 U.S.C. 2025(c)) is amended to read as
follows:
``(c)(1) As used in this subsection:
``(A) The term `good cause' shall include, but not be
limited to--
``(i) uncontrollable, significant caseload
fluctuations that substantially disrupt food stamp
program administration;
``(ii) natural disasters that substantially disrupt
food stamp program administration;
``(iii) Federal or State program changes that
substantially disrupt food stamp program
administration;
``(iv) strikes that substantially disrupt food
stamp program administration;
``(v) uncontrollable client-caused errors;
``(vi) demographic factors, such as literacy,
homelessness, unemployment, poverty, and the rural
composition of the population, that contribute
substantially to an excessive error rate and depart
substantially from national averages for the factors;
``(vii) State program improvements reasonably
designed to reduce error rates in the longer term, but
that uncontrollably cause short-term increases in the
error rate; and
``(viii) other circumstances beyond the control of
a State agency.
``(B) The term `national average overpayment error rate'
means, in the case a fiscal year, the ratio of--
``(i) the total value of allotments issued by all
State agencies in the fiscal year that are--
``(I) issued to households that fail to
meet basic program eligibility requirements; or
``(II) overissued to eligible households;
to
``(ii) the total value of all allotments issued by
all State agencies in the fiscal year.
``(C) The term `national average underpayment rate' means,
in the case of a fiscal year, the ratio of--
``(i) the total value of all allotments underissued
by all State agencies to recipient households in the
fiscal year; to
``(ii) the total value of all allotments issued by
all State agencies in the fiscal year.
``(D)(i) The term `overpayment error rate' means--
``(I) the percentage of the value of all allotments
issued in a fiscal year by a State agency that are--
``(aa) issued to households that fail to
meet basic program eligibility requirements; or
``(bb) overissued to eligible households,
``(II) reduced by the amount by which the national
average underpayment error rate for the fiscal year
exceeds the underpayment error rate of the State agency
for the fiscal year.
``(ii) At the request of a State agency, the Secretary
shall apply the reduction required under clause (i)(II) in
determining the overpayment error rate of the State agency for
either of the 2 following fiscal years instead of in
determining the overpayment error rate of the State agency for
the fiscal year to which the reduction would otherwise apply.
``(E) The term `payment error rate' means the sum of the
overpayment error rate and the underpayment error rate.
``(F) The term `underpayment error rate' means the ratio of
the value of allotments underissued to recipient households to
the total value of allotments issued in a fiscal year by a
State agency.
``(2) The program authorized under this Act shall include a system
that enhances payment accuracy by establishing fiscal incentives that
require State agencies with high error rates to share in the cost of
payment errors and provide enhanced administrative funding to State
agencies with the lowest error rates.
``(3)(A) Under the system, subject to subparagraph (B), the
Secretary shall adjust the federally funded share of a State agency of
administrative costs pursuant to subsection (a), other than the costs
already shared in excess of 50 percent under the proviso in the first
sentence of subsection (a) or under subsection (g), by increasing the
share of all the administrative costs by 1 percentage point to a
maximum of 60 percent of all the administrative costs for each full \1/
10\ of a percentage point by which the payment error rate is less than
6 percent.
``(B) Only a State agency whose rate of invalid decisions in
denying eligibility is less than a nationwide percentage that the
Secretary determines to be reasonable shall be entitled to the
adjustment prescribed in subparagraph (A).
``(4) The Secretary shall foster management improvements by State
agencies pursuant to subsection (b) by requiring a State agency, other
than a State agency that receives an adjustment under paragraph (3), to
develop and implement corrective action plans to reduce payment errors.
``(5) Subject to paragraph (6), if the overpayment error rate of a
State agency for a fiscal year exceeds the national average overpayment
error rate for the fiscal year, other than for good cause shown, the
State agency shall pay to the Secretary a penalty for the fiscal year
in an amount obtained by multiplying--
``(A) the value of all allotments issued by the State
agency in the fiscal year; times
``(B) the lesser of--
``(I) the ratio of--
``(i) the amount by which the overpayment
error rate of the State agency for the fiscal
year exceeds the national average overpayment
error rate for the fiscal year; to
``(ii) the national average overpayment
error rate for the fiscal year; or
``(II) 1; times
``(C) the amount by which the overpayment error rate of the
State agency for the fiscal year exceeds the national average
overpayment error rate for the fiscal year.
``(6) The amount determined under paragraph (5) shall be reduced by
the product obtained by multiplying--
``(A) the ratio of--
``(i) the amount by which the overpayment error
rate of the State agency for the fiscal year exceeds
the national average overpayment error rate for the
fiscal year; to
``(ii) the overpayment error rate of the State
agency for the fiscal year; times
``(B) the overpayments recovered by the State agency in the
fiscal year.
``(7) A State agency may pay a penalty established pursuant to
paragraphs (5) and (6) in quarterly payments over a period not to
exceed 30 months, in amounts sufficient to pay the penalty with
interest by the end of the period. The amount of liability shall not be
affected by corrective action taken under paragraph (4).
``(8) The following errors may be measured for management purposes
but shall not be included in the overpayment or underpayment error
rate:
``(A) Any error resulting from the application of new
regulations promulgated under this Act during the 120-day
period beginning on the date of the implementation of the
regulations.
``(B) Any error resulting from the use by a State agency of
correctly processed information concerning a household or
individual received from a Federal agency or from an action
based on policy information approved or disseminated, in
writing, by the Secretary.
``(C) Any case found by a quality control review to have
involved, but later found in a fair hearing not to have
involved, an overpayment, underpayment, or payment to an
ineligible recipient.
``(9)(A) Except as provided in subparagraph (B), in determining
whether a payment is an erroneous payment, the Secretary and the State
agency shall apply all relevant provisions of the State plan approved
under section 11.
``(B)(i) Except as provided in clause (i), if a provision of a
State plan approved under section 11 is inconsistent with a provision
of Federal law or regulations, and the Secretary has notified the State
agency of the inconsistency in writing, the provision of Federal law or
regulations shall control.
``(ii) Clause (i) shall not apply with respect to a payment of the
State agency if--
``(I) it is necessary for the State to enact a law in order
to remove an inconsistency described in clause (i), the
Secretary has advised the State agency that the State will be
allowed a reasonable period during which to enact the law, and
the payment was made during the period; or
``(II) the State agency made the payment in compliance with
a court order.
``(10) If the Secretary, directly or indirectly, receives from a
State agency all or part of the amount of a penalty imposed under
paragraph (5) and all or part of the penalty is finally determined not
to have been due, the Secretary shall promptly refund to the State
agency the amount determined not to have been due, with interest which
shall accrue from the date of receipt at the rate described in section
13(a)(1).
``(11)(A) For purposes of this subsection--
``(i) each State error rate shall be determined on the
basis of a review of a single statistical sample of food stamp
cases of each State agency for the fiscal year (without sub-
sampling, re-reviews, or statistical regression analyses); and
``(ii) national average error rates shall be derived from
State error rates determined in accordance with clause (i).
``(B) The review shall be conducted--
``(i) by State agency personnel under the direction of the
Secretary pursuant to regulations adopted by the Secretary; or
``(ii) if a State agency elects for any particular review,
by the Secretary.
``(C) No penalty shall be collected under paragraph (5) if the
width of the 95 percent confidence interval of any error rate on which
the error rate is based exceeds 50 percent of the point estimate of the
error rate, unless the State to which a particular error rate pertains
agreed in writing to a sample size that precludes meeting the
requirements of this subparagraph.
``(D) An error rate, incentive payment, and penalty claim for a
fiscal year shall be determined by the Secretary and communicated to a
State agency not later than 9 months after the end of the fiscal year.
``(12) If the Secretary asserts a financial claim against a State
agency under paragraph (5), the State may seek administrative and
judicial review of the action pursuant to section 14.''.
SEC. 3. STUDY OF QUALITY CONTROL STATISTICAL SYSTEM.
(a) Study.--
(1) In general.--The Secretary of Agriculture and State
agencies that administer the food stamp program established
under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.) shall
jointly undertake a study of measurement error, and of
geographical and temporal uniformity of measurements, in the
food stamp program quality control error-rate estimation
system.
(2) Experiments.--As part of the study, the Secretary and
the State agencies shall jointly conduct controlled experiments
under which various reviewers review identical cases, with the
objective of determining the degree of uniformity in quality
control error-rate measurements and the extent to which
different levels of investment of resources in the review
process affect measurement error.
(b) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary and State agencies shall
report the results and recommendations of the study to the
Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the
Senate.
(2) Recommendations.--The report shall include
recommendations as to what measures would best reduce
measurement error and increase uniformity of quality control
error-rate measurements at a reasonable cost.
SEC. 4. BUDGET NEUTRALITY REQUIREMENT.
(a) In General.--No provision of this Act or an amendment made by
this Act shall become effective unless the cost of the provision or
amendment is fully offset in each fiscal year through fiscal year 1995.
(b) Price Support Programs.--No agricultural price support,
production adjustment, or income support program administered by the
Secretary of Agriculture or the Commodity Credit Corporation may be
reduced to achieve the offset.
SEC. 5. EFFECTIVE DATES.
(a) In General.--Except as provided in subsection (b), this Act
shall become effective on the date of enactment of this Act.
(b) Food Stamp Quality Control System.--The amendments made by
section 2 shall be effective as of October 1, 1991. | Food Stamp Quality Control System Act of 1993 - Amends the Food Stamp Act of 1977 to revise the formula (and related provisions) for determining a State's liability for excessive food stamp payment errors.
Directs the Secretary of Agriculture and the State food stamp agencies to conduct a joint study and report to the appropriate congressional committees on measurement error and uniformity in the food stamp program quality control error-rate estimation system. | {"src": "billsum_train", "title": "Food Stamp Quality Control System Act of 1993"} | 3,070 | 92 | 0.503574 | 1.214751 | 0.485053 | 2.6125 | 36.3375 | 0.8875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nuclear Waste Terrorist Threat
Assessment and Protection Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The September 11 terrorist attacks in New York City,
Washington, D.C., and Pennsylvania were the deadliest and
costliest terrorist attacks against the United States in its
history, resulting in the deaths of over 5,000 people at the
World Trade Center, Pentagon, and Pennsylvania crash site.
(2) The economic and cleanup costs as a result of the
September 11 terrorist attacks are estimated at
$100,000,000,000 in New York City alone.
(3) The attacks have resulted in massive economic
disruption to the United States. The New York Stock Exchange's
Dow Jones Industrial Average dropped over 12 percent and the
NASDAQ market dropped 11.7 percent within the first 2 weeks
after the attacks.
(4) The September 11 attacks represent a dramatic expansion
in the ability of terrorists to inflict massive damage,
including the wide-scale loss of human life and economic
disruption to the United States and the world.
(5) Terrorists are willing to use any and all methods to
bring about their desire to destroy human life and property.
(6) The terrorists who attacked the United States have
demonstrated their willingness and desire to target innocent
civilians.
(7) Terrorists can be expected to continue to improve their
destructive capabilities. Their networks have become more
sophisticated and resourceful in carrying out heinous acts of
destruction.
(8) To counter this threat, the United States should take
every reasonable step, consistent with the principles upon
which this country was founded, to restrict terrorists' ability
to inflict damage against the United States.
(9) Instead of making the United States safer, the proposed
Yucca Mountain Project, as currently designed, would give
terrorists a huge, easy-to-attack target that, at any point,
could cause massive economic and civilian casualties within the
United States.
(10) The Yucca Mountain Project proposes to ship 77,000
tons of deadly high-level radioactive nuclear waste throughout
the United States over the next 30 to 40 years. High-level
radioactive nuclear waste is one of the most toxic substances
known to mankind.
(11) The waste would be transported by rail and by truck
through at least 43 States, through hundreds of cities and
towns, and through more than 360 congressional districts.
(12) Findings of the Nevada State Nuclear Projects Agency
demonstrate that a July 18 train accident in a Baltimore tunnel
created a situation that would have been hot enough to breach a
nuclear waste cask and release a cloud of suspended,
radioactive particles. Such findings conclude that
contamination of this sort would spread over 33 square miles,
cost more than $13,000,000,000 to clean up, and cause up to
31,824 cancer-related deaths;
(13) At almost every stage of the Yucca Mountain Project,
high-level radioactive nuclear waste would be very vulnerable
to terrorist attacks. Terrorists could attack or steal the
waste as it travels on our roads, highways, railways, or
waterways, as it is stored or moved at intermodal storage
facilities, storage depots, or at the proposed repository
itself.
(14) The United States Government, in attempting to
implement the Nuclear Waste Policy Act of 1982, has not
sufficiently addressed the threat of terrorist attacks.
(15) The Department of Energy has failed to address the
Yucca Mountain Project's vulnerability to terrorism and
sabotage, intrusions, trespassing, vandalism, arson, and bomb-
related incidents, as expressed by the State of Nevada and
independent researchers throughout the country.
(16) The Department of Energy's methodology for assessing
risks seriously underestimates those associated with sabotage
and terrorism against radioactive shipments, waste stored at
intermodal storage facilities, storage depots, and at Yucca
Mountain itself.
(17) The Nuclear Regulatory Commission, the agency in
charge of protecting public health and safety and the
environment from the harmful effects of nuclear waste, has not
revised its rules regarding the transportation of nuclear waste
since the early 1970s. The antiquated rules do not address
modern-day threats and weapons, nor the increased risk posed by
today's most violent and maniacal terrorists.
SEC. 3. YUCCA MOUNTAIN PROJECT VULNERABILITY AND DEFENSE PLAN.
The Office of Homeland Security shall coordinate the development
and implementation of an interagency plan, in conjunction with
appropriate Federal, State, and local agencies and with public input,
to prepare for and defend against Federal crimes of terrorism targeting
any aspect of the Yucca Mountain Project. The interagency plan shall--
(1) include a comprehensive analysis of the safety and
vulnerability to Federal crimes of terrorism of the Yucca
Mountain Project;
(2) address attacks against--
(A) rail, truck, and barge shipments of nuclear
waste;
(B) facilities, equipment, infrastructure, and
vehicles used for such shipments of nuclear waste;
(C) personnel working for the Yucca Mountain
Project;
(D) all intermediary, staging, transfer,
intermodal, and temporary storage facilities used for
shipping nuclear waste to the Yucca Mountain
repository;
(E) Yucca Mountain repository facilities, vehicles,
and equipment;
(F) all water and power systems used by the Yucca
Mountain Project; and
(G) nuclear waste containers for transportation,
transfer, or storage;
(3) give special emphasis to addressing--
(A) the use of nuclear waste as a radiological
weapon;
(B) the use of high-energy explosives, anti-tank
missiles, armor piercing technologies, and other
sophisticated technologies; and
(C) sabotage or theft of high-level nuclear waste;
(4) include a comprehensive strategy for defending the
Yucca Mountain Project against all Federal crimes of terrorism,
which shall address--
(A) vulnerabilities analyzed under paragraph (1);
(B) the defense of the Yucca Mountain Project
against air and ground assaults, truck bombs, attacks
using sophisticated armor piercing technologies,
suicide attacks, and other potential military-style
attacks;
(C) credible worst-case assumptions about the
timing and location of potential attacks;
(D) the effects of weather conditions during and
after attacks;
(E) the use of expanded no-fly zones, and the
development of policy regarding infractions of a no-fly
zone over key areas involved in the Yucca Mountain
Project, with emphasis paid to whether the size of the
no-fly zone is sufficient to protect against an
airborne attack, ways of defending against this type of
attack, and whether there is ample time for our
national defense to defend against an infraction of the
no-fly zone;
(F) the use of background and security checks of
all personnel related to the transport of nuclear waste
to Yucca Mountain;
(G) developing a uniform Federal standard for the
use of deadly force to protect all aspects of the Yucca
Mountain Project; and
(H) specific rules of engagement for a potential
airborne attack; and
(5) an analysis of the economic, public health, and
environmental costs and impacts of implementing the plan.
SEC. 4. YUCCA MOUNTAIN PROJECT TERRORISM CONSEQUENCE ASSESSMENT AND
RESPONSE PLAN.
The Federal Emergency Management Agency, in coordination with
appropriate Federal, State, and local agencies, shall coordinate the
development and implementation of a comprehensive interagency plan to
ensure that Federal, State, and local government response plans and
programs can respond adequately to the consequences of Federal crimes
of terrorism directed against any stage of the Yucca Mountain Project.
The plan shall include--
(1) necessary preresponse preparations and evacuation plans
for Federal, State, and local governments;
(2) procedures for notifying State and local emergency
response units when nuclear waste is transported through their
local area;
(3) an analysis and a comprehensive set of procedures to
address the impacts of Federal crimes of terrorism that result
in a release of radioactive materials including--
(A) immediate and long term public health effects;
(B) environmental impacts, broadly defined;
(C) direct socioeconomic impacts, including cleanup
and disposal costs and opportunity costs, to affected
individuals and businesses; and
(D) indirect socioeconomic impacts, including
economic losses resulting from perceptions of risk and
stigma effects; and
(4) a comprehensive cost-benefit analysis of the economic,
public health, and environmental effects of implementing the
plan. The analysis shall include the repercussions and costs
from a wide range of types of Federal crimes of terrorism.
SEC. 5. TECHNICAL REVIEW.
The Assistant to the President for Homeland Security and the
Federal Emergency Management Agency shall enter into appropriate
arrangements with the National Research Council for technical review of
the plans developed under sections 3 and 4, respectively. Such reviews
shall--
(1) address the strengths and shortcomings of the analyses
and preparations set forth in the plans; and
(2) pay special attention to--
(A) the need for physical testing, including full-
scale and scale model testing, to evaluate weapons
capabilities;
(B) container vulnerability to high-energy
explosive devices, and the effects on nuclear waste;
and
(C) the appropriateness of existing computer models
for evaluating near-site environmental dispersion of
released radionuclides, resulting health effects, and
cleanup and disposal requirements.
SEC. 6. GOVERNMENT LIABILITY OF YUCCA MOUNTAIN PROJECT CONTRACTING.
The Assistant to the President for Homeland Security shall prepare
and transmit to the Congress a report on the potential liability costs
and damages resulting from a wide range of Federal crimes of terrorism
against the Yucca Mountain Project. Such report must be transmitted
before the Secretary of Energy may make a positive recommendation to
the President under section 114(a) of the Nuclear Waste Policy Act of
1982 (42 U.S.C. 10134(a)).
SEC. 7. DEPARTMENT OF ENERGY RECOMMENDATION.
The Secretary of Energy shall not make a positive recommendation to
the President under section 114(a) of the Nuclear Waste Policy Act of
1982 (42 U.S.C. 10134(a)), and the Nuclear Regulatory Commission shall
not issue any license for a repository at Yucca Mountain, unless--
(1) the interagency plans required under sections 3 and 4
are completed and included in the final environmental impact
statement for Yucca Mountain, and all rules and recommendations
implemented completely;
(2) public hearings have been held for all affected
populations; and
(3) the Secretary has certified that all facets of the
Yucca Mountain Project are not vulnerable to Federal crimes of
terrorism.
SEC. 8. DEFINITIONS.
For purposes of this Act--
(1) the term ``Federal crime of terrorism'' has the meaning
given that term in section 2332b(g)(5) of title 18, United
States Code; and
(2) the term ``Yucca Mountain Project'' means all aspects
of the high-level nuclear waste repository currently being
studied at Yucca Mountain. The term includes all Department of
Energy transportation plans, interim storage facilities,
intermodal transfer facilities, repositories, and any other
site where high-level waste will be handled in relation to the
Yucca Mountain Project. | Nuclear Waste Terrorist Threat Assessment and Protection Act - Directs the Office of Homeland Security to coordinate the development and implementation of an interagency plan to prepare for and defend against terrorist crimes targeting the Yucca Mountain Project (high-level nuclear waste repository being studied at Yucca Mountain, Nevada).Requires that the plan: (1) include a comprehensive analysis of the safety and vulnerability of the Project to terrorism; (2) address specified types of attacks; (3) give special emphasis to addressing the use of nuclear waste as a radiological weapon, the use of specified technologies, and sabotage or theft of high-level nuclear waste; and (4) include a comprehensive strategy for defending against terrorism and an analysis of the economic, public health, and environmental costs and impacts of implementing the plan.Directs: (1) the Federal Emergency Management Agency (FEMA) to coordinate the development and implementation of a comprehensive interagency plan; and (2) the Assistant to the President for Homeland Security and FEMA to enter into appropriate arrangements with the National Research Council for technical review of the plans and to report to Congress on the potential liability costs and damages resulting from terrorism against the Project.Prohibits the Secretary of Energy from making a positive recommendation regarding, and the Nuclear Regulatory Commission from issuing a license for, a Yucca Mountain repository unless specified conditions are met, including that public hearings have been held for affected populations and the Secretary has certified that the Project is not vulnerable to terrorism. | {"src": "billsum_train", "title": "To provide for interagency planning for preparing for, defending against, and responding to the consequences of terrorist attacks against the Yucca Mountain Project, and for other purposes."} | 2,385 | 316 | 0.497592 | 1.555662 | 0.705085 | 4.925267 | 8.213523 | 0.953737 |
SECTION 1. MEDICARE MEDICAL ADULT DAY CARE SERVICES DEMONSTRATION
PROGRAM.
Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is
amended by inserting after section 1895 the following new section:
``medical adult day care services demonstration program
``Sec. 1895A. (a) Establishment.--Subject to the succeeding
provisions of this section, the Secretary shall establish a
demonstration program under which the Secretary shall reimburse a
qualified provider of services for medical adult day care services
furnished as part of a plan of care for home health services
established for a medicare beneficiary if elected by the beneficiary.
Requirements applicable to eligibility for receipt of home health
services shall apply for medical adult day care services, including
requirements for the beneficiary to be homebound.
``(b) Demonstration Project Sites.--The program established under
this section shall be conducted in States selected by the Secretary
that license or certify providers of services that furnish medical
adult day care services, and shall be conducted in no more than 5 such
States. Of the States selected by the Secretary, one shall include a
State that has, as a percentage of its resident population, the 1 of
the 5 highest percentages of medicare beneficiaries residing in the
State.
``(c) Duration.--The Secretary shall conduct the demonstration
program for a period of 4 and one half years.
``(d) Voluntary Participation.--Participation of medicare
beneficiaries in the demonstration program shall be voluntary. The
total number of such beneficiaries that may participate in the project
at any given time may not exceed 15,000. Medicare beneficiaries with a
secondary diagnosis or comorbidity of Alzheimer's or Parkinson's
disease shall be given preference in determining who may participate in
the demonstration project.
``(e) Payment.--Payment to qualified providers of services for
medical adult day care services furnished under the demonstration
project shall be equal to 95 percent of the rate that would otherwise
apply under section 1895 for home health services furnished.
``(f) Provisions Relating to Providers.--
``(1) Limitation on number of providers and service
areas.--Not more than 25 qualified providers of services may
furnish medical adult day care services under the demonstration
project, and not more than 17 such providers may have as its
primary service area an urban area. Qualified providers of
services that are under common ownership or control of an
organization that furnish medical adult day care services under
the project shall all be treated, for purposes of the
limitation of this paragraph, as a single qualified provider of
services.
``(2) Preference to certain classes of providers.--In
selecting qualified providers of services to furnish medical
adult day care services under the demonstration program, the
Secretary shall give preference to those providers that are
home health agencies, as defined in section 1861(o), under
common ownership or control of an organization that proposes to
furnish medical adult day care services in a service area that
encompasses more than one State.
``(g) Evaluation and Report.--The Secretary shall conduct an
evaluation of the clinical and cost effectiveness of the demonstration
program under this section. Not later 3 years after the commencement of
the program, the Secretary shall submit to Congress a report on the
evaluation, and shall include in the report the following:
``(1) An analysis of the patient outcomes and costs of
furnishing care to the medicare beneficiaries participating in
the program as compared to such outcomes and costs to
beneficiaries receiving only home health services for the same
health conditions.
``(2) Such recommendations regarding the extension,
expansion, or termination of the program as the Secretary
determines appropriate.
In conducting the evaluation and analysis under this subsection, the
Secretary shall utilize data collected through the OASIS system
referred to in subsection (e), and may collect such supplemental data
from qualified providers of services participating in the demonstration
program as the Secretary determines appropriate.
``(h) Definitions.--In this section:
``(1) Qualified provider of services.--The term `qualified
provider of services' means, with respect to the furnishing of
medical adult day care services--
``(A) a public agency or private organization, or a
subdivision of such an agency or organization, that--
``(i) is engaged in providing skilled
nursing services and other therapeutic services
directly or under arrangement with a home
health agency;
``(ii) meets such standards established by
the Secretary to assure quality of care and
such other requirements as the Secretary finds
necessary in the interest of the health and
safety of individuals who are furnished
services in the facility;
``(iii) provides the medical adult day care
services described in paragraph (2)(B);
``(iv) meets the requirements of paragraphs
(2) through (8) of section 1861(o), but the
Secretary may waive the requirement for a
surety bond under paragraph (7) of such section
in the same manner as is provided under such
section; and
``(v) has been licensed or certified by a
State to furnish medical adult day care
services in the State for a continuous period
of not less than 24 months; or
``(B) a home health agency (as defined in section
1861(o)), either directly or under arrangements with an
agency or organization described in subparagraph (A)
that has been licensed or certified by a State to
furnish home health services in the State for a
continuous period of not less than 24 months.
``(2) Medical adult day care services.--
``(A) In general.--The term `medical adult day care
services' means the items and services described in
subparagraph (B) that are furnished to a medicare
beneficiary by a qualified provider of services as a
part of a plan under section 1861(m) that describes the
home health service items and services that are to be
furnished in the individual's residence and the medical
adult day care items and services described in
subparagraph (B) that are furnished by the qualified
provider of services in a medical adult day care
setting, as determined by the physician establishing
the plan pursuant to a comprehensive patient assessment
conducted by the qualified provider of services and
approved by the physician.
``(B) Items described.--The items and services
described in this subparagraph are the following:
``(i) Home health service items and
services described in paragraphs (1) through
(7) of section 1861(m).
``(ii) Transportation of the individual to
and from the qualified provider of services in
connection with any such item or service.
``(iii) Meals.
``(iv) A program of supervised activities
(that meets such criteria as the Secretary
determines appropriate) designed to promote
physical and mental health that are furnished
to the individual by the qualified provider of
services in a group setting.
``(3) Medicare beneficiary.--The term `medicare
beneficiary' means an individual entitled to benefits under
part A of this title, enrolled under part B of this title, or
both.''. | Amends Title XVIII (Medicare) of the Social Security Act to require the Secretary of Health and Human Services to establish a demonstration program to examine the clinical and cost effectiveness of providing medical adult day care center services to Medicare beneficiaries. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to direct the Secretary of Health and Human Services to carry out a demonstration program under the Medicare Program to examine the clinical and cost effectiveness of providing medical adult day care center services to Medicare beneficiaries."} | 1,527 | 52 | 0.528462 | 1.279145 | 0.743023 | 2.522727 | 33.090909 | 0.886364 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enhancing Child Health with
Automatic School Meal Enrollment Act of 2009''.
SEC. 2. IMPROVING DIRECT CERTIFICATION.
(a) Performance Awards.--Section 9(b)(4) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1758(b)(4)) is amended--
(1) in the paragraph heading, by striking ``food stamp''
and inserting ``supplemental nutrition assistance program'';
and
(2) by adding at the end the following:
``(E) Performance awards.--
``(i) In general.--Effective for each of
the schools years beginning July 1, 2010, July
1, 2011, and July 1, 2012, the Secretary shall
offer performance awards to States to encourage
the States to ensure that all children eligible
for direct certification under this paragraph
are certified in accordance with this
paragraph.
``(ii) Requirements.--For each school year
described in clause (i), the Secretary shall--
``(I) consider State data from the
prior school year, including estimates
contained in the report required under
section 4301 of the Food, Conservation,
and Energy Act of 2008 (42 U.S.C.
1758a); and
``(II) make performance awards to,
as determined by the Secretary--
``(aa) 5 States that
demonstrate outstanding
performance; and
``(bb) 5 States that
demonstrate substantial
improvement.
``(iii) Funding.--
``(I) In general.--On October 1,
2009, and on each October 1 thereafter
through October 1, 2011, out of any
funds in the Treasury not otherwise
appropriated, the Secretary of the
Treasury shall transfer to the
Secretary, to remain available until
expended--
``(aa) $2,000,000 to carry
out clause (ii)(I); and
``(bb) $2,000,000 to carry
out clause (ii)(II).
``(II) Receipt and acceptance.--The
Secretary shall be entitled to receive,
shall accept, and shall use to carry
out this clause the funds transferred
under subclause (I), without further
appropriation.''.
(b) Corrective Action Plans.--Section 9(b)(4) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1758(b)(4)) (as amended by
subsection (a)) is amended by adding at the end the following:
``(F) Corrective action plans.--
``(i) In general.--Each school year, the
Secretary shall--
``(I) identify, using estimates
contained in the report required under
section 4301 of the Food, Conservation,
and Energy Act of 2008 (42 U.S.C.
1758a), States that directly certify
less than 95 percent of the total
number of children in the State who are
eligible for direct certification under
this paragraph; and
``(II) require the States
identified under subclause (I) to
implement a corrective action plan to
fully meet the requirements of this
paragraph.
``(ii) Improving performance.--A State may
include in a corrective action plan under
clause (i)(II) methods to improve direct
certification required under this paragraph or
paragraph (15) and discretionary certification
under paragraph (5).
``(iii) Failure to meet performance
standard.--
``(I) In general.--A State that is
required to implement a corrective
action plan under clause (i)(II) shall
be required to submit to the Secretary,
for the approval of the Secretary, a
direct certification improvement plan
for the following school year.
``(II) Requirements.--A direct
certification improvement plan under
subclause (I) shall include--
``(aa) specific measures
that the State will use to
identify more children who are
eligible for direct
certification;
``(bb) a timeline for the
State to implement those
measures; and
``(cc) goals for the State
to improve direct certification
results.''.
(c) Without Further Application.--Section 9(b)(4) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1758(b)(4)) (as amended by
subsection (b)) is amended by adding at the end the following:
``(G) Without further application.--
``(i) In general.--In this paragraph, the
term `without further application' means that
no action is required by the household of the
child.
``(ii) Clarification.--A requirement that a
household return a letter notifying the
household of eligibility for direct
certification or eligibility for free school
meals does not meet the requirements of clause
(i).''.
SEC. 3. REPORT ON USING STATEWIDE EDUCATION DATABASES FOR DIRECT
CERTIFICATION.
(a) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary of Education shall prepare and submit to
Congress a report regarding how statewide databases developed by States
to track compliance with the requirements of part A of title I of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.)
can be used for purposes of direct certification under section 9(b) of
the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)).
(b) Contents.--The report described in subsection (a) shall--
(1) identify the States that have, as of the time of the
report, developed statewide databases to track compliance with
the requirements of part A of title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.);
(2) describe best practices regarding how such statewide
databases can be used for purposes of direct certification
under section 9(b) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1758(b));
(3) include case studies of States that have expanded such
statewide databases so that such statewide databases can be
used for direct certification purposes; and
(4) identify States with such statewide databases that
would be appropriate for expansion for direct certification
purposes.
(c) Funding.--
(1) In general.--On October 1, 2009, out of any funds in
the Treasury not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary to carry out this
section $500,000, to remain available through September 30,
2012.
(2) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to carry out
this section the funds transferred under paragraph (1), without
further appropriation. | Enhancing Child Health with Automatic School Meal Enrollment Act of 2009 - Amends the Richard B. Russell National School Lunch Act to direct the Secretary of Agriculture to make performance awards to states that demonstrate outstanding performance or show substantial improvement in directly certifying children whose families are eligible for supplemental nutrition assistance under the Food and Nutrition Act of 2008 as eligible for free meals under the school lunch and breakfast programs. (Direct certification eliminates the need for such families to submit applications for participation in the school lunch and breakfast programs.)
Requires each state that directly certifies less than 95% of their children who are eligible for direct certification to implement a direct certification improvement plan that is approved by the Secretary.
Directs the Secretary of Education to report to Congress on how statewide databases used to track compliance with the requirements of the school improvement program under part A of title I of the Elementary and Secondary Education Act of 1965 can be used for the purposes of direct certification. | {"src": "billsum_train", "title": "A bill to amend the Richard B. Russell National School Lunch Act to improve automatic enrollment procedures for the national school lunch and school breakfast programs, and for other purposes."} | 1,501 | 202 | 0.558148 | 1.424656 | 0.94432 | 3.010989 | 7.362637 | 0.879121 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Make State Governments More Open,
Honest, and Transparent Act of 2017''.
SEC. 2. NATIONAL STANDARDS RELATING TO STATE CONFLICT OF INTEREST
PROTECTIONS.
(a) In General.--The head of a Federal agency that administers a
Federal block grant program in a fiscal year shall take the following
actions with respect to a State that is in noncompliance as described
in subsection (b) on the first day of the fiscal year:
(1) Suspend the authority of the State or any political
subdivision of the State to administer funds made available to
the State or subdivision under the Federal block grant program
in that fiscal year.
(2) Exercise the authority of the State described in
paragraph (1) in that fiscal year, including the selection of
the projects to be carried out in the State or subdivision
under the Federal block grant program.
(b) Requirement.--A State shall be treated as being in
noncompliance as described in this subsection with respect to a fiscal
year if the Director of the Office of Government Ethics determines that
the State has not enacted or is not enforcing one or more of the
following laws on the first day of the fiscal year:
(1) A law that requires an individual serving as a member
of the legislature of the State to prepare and make available
to the public an annual report disclosing the financial
interests of the individual during the preceding year.
(2) A law that prohibits an individual serving as a member
of the legislature of the State to solicit or require, either
directly or indirectly, an employee of the individual to make a
financial or in-kind contribution to a political party or a
political campaign.
(3) A law that makes it unlawful for any person--
(A) who enters into any contract with the State
(including any department or agency of the State)
either for the rendition of personal services or
furnishing any material, supplies, or equipment to the
State or for selling any land or building to the State,
if payment for the performance of such contract or
payment for such material, supplies, equipment, land,
or building is to be made in whole or in part from
funds appropriated by the State, at any time between
the commencement of negotiations for and the later of
(i) the completion of performance under, or (ii) the
termination of negotiations for, such contract or
furnishing of material, supplies, equipment, land, or
buildings, directly or indirectly to make any
contribution of money or other things of value, or to
promise expressly or impliedly to make any such
contribution to any political party, committee, or
candidate for State public office or to any person for
any political purpose or use; or
(B) knowingly to solicit any such contribution from
any such person for any such purpose during any such
period.
(c) Definitions.--In this section, the following definitions apply:
(1) Federal block grant program.--The term ``Federal block
grant program'' means each of the following:
(A) The Innovative Education Program Strategies
Block Grant program of the Department of Education.
(B) The Energy Efficiency and Conservation Block
Grant program of the Department of Energy.
(C) The following programs of the Department of
Health and Human Services:
(i) The Child Care and Development Block
Grant program.
(ii) The Community Mental Health Services
Block Grant program.
(iii) The Community Services Block Grant
program.
(iv) The Low Income Home Energy Assistance
Block Grant program.
(v) The Maternal and Child Health Services
Block Grant program.
(vi) The Preventive Health and Health
Services Block Grant program.
(vii) The Social Services Block Grant
program.
(viii) The Substance Abuse Prevention and
Treatment Block Grant program.
(ix) The Temporary Assistance to Needy
Families program.
(x) The Title V Abstinence Education Block
Grant program.
(D) The Homeland Security Grant Programs (State
Homeland Security Programs, Urban Area Security
Initiative Grant, and Operation Stonegarden) of the
Department of Homeland Security.
(E) The following programs of the Department of
Housing and Urban Development:
(i) The Community Development Block Grant
program.
(ii) The Indian Community Development Block
Grant program.
(iii) The Emergency Solutions Grant
Program.
(iv) The HOME Investment Partnerships
Program.
(v) The Indian Housing Block Grant program.
(vi) The Native Hawaiian Housing Block
Grant program.
(F) The Edward Byrne Memorial Justice Assistance
Grant program of the Department of Justice.
(G) The Workforce Investment Act (Youth, Adult, and
Dislocated Workers) program of the Department of Labor.
(H) The following programs of the Department of
Transportation:
(i) The Federal Aviation Administration
Airport Improvement State Block Grant Program.
(ii) The Surface Transportation Block Grant
Program.
(2) State.--The term ``State'' means any of the 50 States,
the District of Columbia, or Puerto Rico. | Make State Governments More Open, Honest, and Transparent Act of 2017 This bill directs the head of a federal agency that administers any of specified block grant programs to suspend the authority of the state to administer funds under the program if the state does not enact or enforce at least one law that requires disclosure by a state legislator of financial interests, prohibits a legislator from soliciting political party or election campaign contributions, or prohibits the making or soliciting of contributions during a period of contractor performance or negotiations. | {"src": "billsum_train", "title": "Make State Governments More Open, Honest, and Transparent Act of 2017"} | 1,077 | 112 | 0.541607 | 1.496429 | 1.02308 | 2.652632 | 11.242105 | 0.821053 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Campus Fire Safety Right-to-Know Act
of 2003''.
SEC. 2. DISCLOSURE OF FIRE SAFETY OF CAMPUS BUILDINGS.
Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is
amended--
(1) in subsection (a)(1)--
(A) in subparagraph (N), by striking ``and'' after
the semicolon;
(B) in subparagraph (O), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(P) the fire safety report prepared by the institution
pursuant to subsection (h).''; and
(2) by adding at the end the following:
``(h) Disclosure of Fire Safety Standards and Measures.--
``(1) Annual fire safety reports required.--Each eligible
institution participating in any program under this title
shall, beginning in academic year 2004-2005, and each year
thereafter, prepare, publish, and distribute, through
appropriate publications (including the Internet) or mailings,
to all current students and employees, and to any applicant for
enrollment or employment upon request, an annual fire safety
report containing not less than the following information with
respect to the campus fire safety practices and standards of
that institution:
``(A) A statement that identifies each student
housing facility of the institution, and whether or not
that facility is equipped with a fire sprinkler system
or another fire safety system, or both.
``(B) Statistics concerning the occurrence on
campus, during the 2 preceding academic years for which
data are available, of fires and false fire alarms in
student housing facilities.
``(C) For each such occurrence described in
subparagraph (B), a statement of the human injuries or
deaths and the structural damage caused by the
occurrence.
``(D) Information regarding fire alarms, smoke
alarms, the presence of adequate fire escape planning
or protocols (as defined in local fire codes), rules on
portable electrical appliances, smoking and open flames
(such as candles), regular mandatory supervised fire
drills, and planned and future improvement in fire
safety.
``(E) Information about fire safety education and
training provided to students, faculty, and staff,
including the percentage of students, faculty, and
staff who have participated in such education and
training.
``(F) Information concerning fire safety at student
fraternities and sororities that are recognized by the
institution, including--
``(i) information reported to the
institution under paragraph (4); and
``(ii) a statement concerning whether and
how the institution works with recognized
student fraternities and sororities to make
building and property owned or controlled by
such fraternities or sororities more fire safe.
``(2) Current information to campus community.--Each
institution participating in any program under this title shall
make, keep, and maintain a log, written in a form that can be
easily understood, recording all fires reported to local fire
departments, including the nature, date, time, and general
location of each fire and all false fire alarms. All entries
that are required pursuant to this paragraph shall, except
where disclosure of such information is prohibited by law, be
open to public inspection, and each such institution shall make
periodic reports to the campus community on such fires and
false fire alarms in a manner that will aid the prevention of
similar occurrences.
``(3) Reports to secretary.--On an annual basis, each
institution participating in any program under this title shall
submit to the Secretary a copy of the statistics required to be
made available under paragraph (1)(B). The Secretary shall--
``(A) review such statistics;
``(B) make copies of the statistics submitted to
the Secretary available to the public; and
``(C) in coordination with nationally recognized
fire organizations and representatives of institutions
of higher education, identify exemplary fire safety
policies, procedures, and practices and disseminate
information concerning those policies, procedures, and
practices that have proven effective in the reduction
of campus fires.
``(4) Fraternities and sororities.--Each institution
participating in any program under this title shall request
each fraternity and sorority that is recognized by the
institution to collect and report to the institution the
information described in subparagraphs (A) through (E) of
paragraph (1), as applied to the fraternity or sorority, for
each building and property owned or controlled by the
fraternity or sorority, respectively.
``(5) Rule of construction.--Nothing in this subsection
shall be construed to authorize the Secretary to require
particular policies, procedures, or practices by institutions
of higher education with respect to fire safety.
``(6) Definitions.--In this subsection, the term `campus'
has the meaning given the term in subsection (f)(6).''.
SEC. 3. REPORT TO CONGRESS BY SECRETARY OF EDUCATION.
Not later than 2 years after the date of enactment of this Act, the
Secretary of Education (in this section referred to as the
``Secretary'') shall prepare and submit to Congress a report
containing--
(1) an analysis of the current status of fire safety
systems in college and university facilities, including
sprinkler systems;
(2) an analysis of the appropriate fire safety standards to
apply to these facilities, which the Secretary shall prepare
after consultation with such fire safety experts,
representatives of institutions of higher education, and other
Federal agencies as the Secretary, in the Secretary's
discretion, considers appropriate;
(3) an estimate of the cost of bringing all nonconforming
dormitories and other campus buildings up to current new
building codes; and
(4) recommendations from the Secretary concerning the best
means of meeting fire safety standards in all college
facilities, including recommendations for methods to fund such
cost. | Campus Fire Safety Right-to-Know Act of 2003 - Amends the Higher Education Act of 1965 to require, beginning in academic year 2004-2005, each eligible institution participating in any program under the Act to provide to all current students and employees, and to any applicant for enrollment or employment upon request, an annual fire safety report containing specified information about the campus fire safety practices and standards of that institution.
Requires such institutions to: (1) record all fires reported to local fire departments, including the nature, date, time, and general location of each fire and all false fire alarms; and (2) open such information to public inspection. Requires the institutions to report on such information periodically to the campus community in a manner that will aid the prevention of similar occurrences.
Requires the institutions to request their fraternities and sororities to collect and report such information for each building and property they own or control. | {"src": "billsum_train", "title": "A bill to provide for disclosure of fire safety standards and measures with respect to campus buildings, and for other purposes."} | 1,289 | 199 | 0.598871 | 1.686112 | 0.959545 | 5.766667 | 6.911111 | 0.933333 |
SECTION 1. FINDINGS.
Congress finds the following:
(1) John Walsh, host of the television program ``America's
Most Wanted'', has dedicated his life to the pursuit and
apprehension of felons and fugitives who have committed murder,
rape, robbery, kidnaping, pedophilia, and other atrocious
crimes against the citizens of the United States.
(2) In doing so, John Walsh has sacrificed his own personal
safety and freedom for the good of all citizens of the United
States.
(3) On July 27, 1981, Adam Walsh, the 6-year-old son of
John Walsh, was abducted and brutally murdered.
(4) John Walsh and his family have never obtained closure
for this heinous crime, because no person was ever charged with
the crime and the prime suspect ultimately died in prison.
(5) After the death of his son, John Walsh became a
tireless advocate for victims' rights.
(6) John Walsh has testified more than 35 times before the
Congress in support of legislation, and his efforts led to the
passage in 1982 of the Missing Children Act and in 1984 of the
Missing Children's Assistance Act, which established the
National Center for Missing and Exploited Children.
(7) John Walsh has lobbied for a constitutional amendment
that would secure victims' rights.
(8) John Walsh, not ceasing his dedication to the safety
and welfare of children with the enactment of new protective
statutes, established a public information television program,
``America's Most Wanted'', to expose the criminal activity of
various fugitives throughout the United States and abroad.
(9) Four days after the debut of the program, on February
11, 1988, the Federal Bureau of Investigation announced the
capture in New York City of one of its 10 Most Wanted
fugitives, David James Roberts, as a direct result of tips from
viewers of the program.
(10) On May 29, 1988, the Director of the Federal Bureau of
Investigation, William Sessions, appeared on ``America's Most
Wanted'' to announce the addition of 3 new fugitives to the
Federal Bureau of Investigation's 10 Most Wanted list, one of
whom was captured within 24 hours after the announcement.
(11) On July 17, 1988, Robert Wayne Fisher, a fugitive
wanted for the murder of his wife, was captured just 33 minutes
after John Walsh profiled him on ``America's Most Wanted''.
(12) On May 7, 1989, John Walsh facilitated the capture of
a New Jersey mass murderer who had been at large for nearly 18
years.
(13) On January 20, 2001, John Walsh profiled 7 escapees
from a maximum security prison in Texas, known as the ``Texas
Seven'', on ``America's Most Wanted'', which led to the
apprehension of 5 of the escapees 2 days later and the 2
remaining fugitives the following day.
(14) John Walsh profiled 2,034 fugitives from justice on
``America's Most Wanted'' as of December 3, 1998, 1,177 of whom
have been captured, including 647 who were captured as a direct
result of being profiled.
(15) On May 10, 1990, John Walsh and ``America's Most
Wanted'' for the first time helped recover a missing child,
Nicole Ravesi, and aided in the arrest of her abductor, Kenneth
Cole.
(16) In all, John Walsh has profiled 465 cases involving
missing or kidnapped persons, 30 of whom have been reunited
with their families.
(17) John Walsh has profiled 285 criminal suspects whose
identities were unknown to law enforcement officials, and 6 of
the suspects have been identified as a result of being
profiled.
(18) At the request of law enforcement officials, John
Walsh has also profiled 35 unidentified victims of foul play,
and 2 of the victims have been identified as a result of being
profiled.
(19) The outstanding contributions of John Walsh to crime
victims and the law enforcement community have come at no cost
to the taxpayers of the United States.
(20) John Walsh, through ``America's Most Wanted'' and
through other endeavors, continues to serve law enforcement
officials and crime victims through his unfailing dedication to
pursuing and capturing dangerous fugitives, protecting the
safety of children, and bringing closure to victims of crime in
the United States.
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 John Walsh in recognition of his outstanding and enduring
contributions to the Nation through his work in the fields of law
enforcement and victims' rights.
(b) Design and Striking.--For the purpose of the presentation
referred to in subsection (a), the Secretary of the Treasury (hereafter
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.
Under such regulations as the Secretary may prescribe, the
Secretary may strike and sell duplicates in bronze of the gold medal
struck under section 2 at a price sufficient to cover the cost of the
bronze medals (including labor, materials, dies, use of machinery, and
overhead expenses) and the cost of the gold medal.
SEC. 4. NATIONAL MEDALS.
The medals struck under this Act are national medals for purposes
of chapter 51 of title 31, United States Code.
SEC. 5. FUNDING AND PROCEEDS OF SALE.
(a) Authorization.--There is authorized to be charged against the
United States Mint Public Enterprise Fund an amount not to exceed
$30,000 to pay for the cost of the medals authorized by this Act.
(b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals under section 3 shall be deposited in the United States
Mint Public Enterprise Fund. | Authorizes the President to present, on behalf of the Congress, a congressional gold medal to John Walsh in recognition of his outstanding and enduring contributions to the Nation through his work in the fields of law enforcement and victims' rights. | {"src": "billsum_train", "title": "To authorize the President to award a gold medal on behalf of the Congress to John Walsh in recognition of his outstanding and enduring contributions to the Nation through his work in the fields of law enforcement and victims' rights."} | 1,336 | 49 | 0.514514 | 1.500126 | 0.050277 | 8.477273 | 27.954545 | 0.977273 |
SECTION 1. DUTY TREATMENT OF CERTAIN FABRICS.
(a) In General.--Subchapter II of chapter 99 of the Harmonized
Tariff Schedule of the United States is amended--
(1) by adding at the end of the U.S. notes the following
new note:
``13. For purposes of headings 9902.51.11 and 9902.51.12, the term
`suit' has the same meaning such term has for purposes of headings 6203
and 6204.''; and
(2) by inserting in numerical sequence the following new
headings:
`` 9902.51.11 Fabrics, of carded
or combed wool or
fine animal hair,
all the foregoing
certified by the
importer as
`Super 70's' or
`Super 80's'
intended for use
in making suits,
suit-type jackets
or trousers
(provided for in
subheadings
5111.11.70,
5111.19.60,
5112.11.20, or
5112.19.90)...... 20.2% No change No change On or before 12/
31/2004
9902.51.12 Fabrics, of carded
or combed wool or
fine animal hair,
all the foregoing
certified by the
importer as
`Super 90's' or
higher grade
intended for use
in making suits,
suit-type jackets
or trousers
(provided for in
subheadings
5111.11.70,
5111.19.60,
5112.11.20, or
5112.19.90)...... Free Free (CA,IL,MX) No change On or before 12/
31/2004
''
(b) Staged Rate Reduction.--Any staged reduction of a rate of duty
set forth in heading 6203.31.00 of the Harmonized Tariff Schedule of
the United States that is proclaimed by the President shall also apply
to the corresponding rate of duty set forth in heading 9902.51.11 of
such Schedule (as added by subsection (a)).
(c) Effective Date.--The amendments made by subsection (a) apply
with respect to goods entered, or withdrawn from warehouse for
consumption, on or after the 15th day after the date of enactment of
this Act. | Amends the Harmonized Tariff Schedule of the United States to: (1) provide a duty, through December 31, 2004, on fabrics, of carded or combed wool or fine animal hair, all the foregoing certified by the importer as "Super 70's" or "Super 80's" intended for use in making suits, suit-type jackets or trousers; and (2) grant duty-free treatment, through December 31, 2004, to fabrics, of carded or combed wool or fine animal hair, all the foregoing certified by the importer as "Super 90's" or higher grade intended for use in making suits, suit-type jackets or trousers. Treats (for tariff purposes) such suits similarly to certain other suits under the Schedule. | {"src": "billsum_train", "title": "A bill to amend the Harmonized Tariff Schedule of the United States to provide for equitable duty treatment for certain wool used in making suits."} | 485 | 164 | 0.66105 | 2.056631 | 0.656771 | 2.385135 | 2.77027 | 0.858108 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Morris K. Udall Arctic Wilderness
Act''.
SEC. 2. FINDINGS AND STATEMENT OF POLICY.
(a) Findings.--Congress finds the following:
(1) Americans cherish the continued existence of expansive,
unspoiled wilderness ecosystems and wildlife found on their
public lands, and feel a strong moral responsibility to protect
this wilderness heritage as an enduring resource to bequeath
undisturbed to future generations of Americans.
(2) It is widely believed by ecologists, wildlife
scientists, public land specialists, and other experts that the
wilderness ecosystem centered around and dependent upon the
Arctic coastal plain of the Arctic National Wildlife Refuge,
Alaska, represents the very epitome of a primeval wilderness
ecosystem and constitutes the greatest wilderness area and
diversity of wildlife habitats of its kind in the United
States.
(3) President Dwight D. Eisenhower initiated protection of
the wilderness values of the Arctic coastal plain in 1960 when
he set aside 8,900,000 acres establishing the Arctic National
Wildlife Refuge expressly ``for the purpose of preserving
unique wildlife, wilderness and recreational values''.
(4) Congress strengthened the protective management of the
Eisenhower-designated area in 1980 with the enactment of the
Alaska National Interest Lands Conservation Act (Public Law 96-
487; 94 Stat. 2371), section 303(2) of which established the
Arctic National Wildlife Refuge, more than doubled the size of
the wildlife refuge, and extended statutory wilderness
protection to most of the original area.
(5) Before the enactment of the Alaska National Interest
Lands Conservation Act, the House of Representatives twice
passed legislation that would have protected the entire
Eisenhower-designated area as wilderness, including the Arctic
coastal plain.
(6) A majority of Americans have supported and continue to
support preserving and protecting the Arctic National Wildlife
Refuge, including the Arctic coastal plain, from any industrial
development and consider oil and gas exploration and
development in particular to be incompatible with the purposes
for which this incomparable wilderness ecosystem has been set
aside.
(7) Canada has taken action to preserve those portions of
the wilderness ecosystem of the Arctic that exist on its side
of the international border and provides strong legal
protection for the habitat of the Porcupine River caribou herd
that migrates annually through both countries to calve on the
Arctic coastal plain.
(8) The extension of full wilderness protection for the
Arctic coastal plain within the Arctic National Wildlife Refuge
will still leave 95 percent of the North Slope of Alaska
without such wilderness protection, so that development of
energy resources in Alaska can continue to contribute
significantly to meeting the energy needs of the United States
without despoiling the unique Arctic coastal plain of the
Arctic National Wildlife Refuge.
(b) Statement of Policy.--Congress hereby declares that it is the
policy of the United States--
(1) to honor the decades of bipartisan efforts that have
increasingly protected the great wilderness ecosystem of the
Arctic coastal plain;
(2) to sustain this natural treasure for the current
generation of Americans; and
(3) to do everything possible to protect and preserve this
magnificent natural ecosystem so that it may be bequeathed in
its unspoiled natural condition to future generations of
Americans.
SEC. 3. DESIGNATION OF ADDITIONAL WILDERNESS, ARCTIC NATIONAL WILDLIFE
REFUGE, ALASKA.
(a) Inclusion of Arctic Coastal Plain.--In furtherance of the
Wilderness Act (16 U.S.C. 1131 et seq.), an area within the Arctic
National Wildlife Refuge in the State of Alaska comprising
approximately 1,559,538 acres, as generally depicted on a map entitled
``Arctic National Wildlife Refuge--1002 Area Alternative E--Wilderness
Designation'', dated October 28, 1991, and available for inspection in
the offices of the Secretary of the Interior, is hereby designated as
wilderness and, therefore, as a component of the National Wilderness
Preservation System.
(b) Administration.--The area designated as wilderness under
subsection (a) shall be administered by the Secretary of the Interior
in accordance with the provisions of the Wilderness Act as part of the
wilderness area already in existence within the Arctic National
Wildlife Refuge as of the date of the enactment of this Act. | Morris K. Udall Arctic Wilderness Act - Designates specified lands within the Arctic National Wildlife Refuge as wilderness and components of the National Wilderness Preservation System. | {"src": "billsum_train", "title": "To preserve the Arctic coastal plain of the Arctic National Wildlife Refuge, Alaska, as wilderness in recognition of its extraordinary natural ecosystems and for the permanent good of present and future generations of Americans."} | 934 | 38 | 0.512859 | 1.286304 | 0.637674 | 3.481481 | 31.444444 | 0.888889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Armed Forces Suicide Prevention Act
of 2008''.
SEC. 2. ENHANCEMENT OF SUICIDE PREVENTION PROGRAMS OF THE DEPARTMENT OF
DEFENSE.
(a) Enhancement of Suicide Prevention Programs.--The Secretary of
Defense shall take appropriate actions to enhance the suicide
prevention programs of the Department of Defense.
(b) Training and Additional Requirements for Members of the Armed
Forces.--The actions taken under subsection (a) shall include the
following:
(1) A review and evaluation of existing suicide prevention
efforts across the military departments, including an
assessment of the effectiveness of current efforts and of how
such efforts are addressing issues related to combat stress.
(2) A requirement for suicide prevention training (as
described in subsection (c)) on an annual basis for all members
of the Armed Forces (including members of the National Guard
and Reserve), for all civilian health care community and family
support professionals of the Department of Defense, and for
such other service personnel of the Department as the Secretary
shall designate for purposes of this paragraph.
(3) Enhancement of the basic lifesaving training course for
members of the Armed Forces to include within such training
matters relating to recognition of risk factors for suicide,
identification of signs and symptoms of mental health concerns
and combat stress, and protocols for responding to crisis
situations involving members of the Armed Forces who may be at
high risk for suicide.
(4) Enhancement of training for military medics and medical
personnel to include within such training matters relating to
recognition of risk factors for suicide, identification of
signs and symptoms of mental health concerns and combat stress,
and protocols for responding to crisis situations involving
members of the Armed Forces who may be at high risk for
suicide.
(5) Review and enhancement of requirements for access of
units to crisis response teams to prevent and respond to
traumatic events, such as members in crisis or loss of unit
members, which teams shall include qualified mental health
professionals and may include medical staff, chaplains, family
support staff, peers, and other appropriate personnel.
(c) Suicide Prevention Training.--For purposes of this section,
suicide prevention training is comprehensive training on suicide
prevention (including, at a minimum, education, training, peer-to-peer
support methods, outreach, and de-stigmatization on suicide) developed
by the Secretary of Defense for purposes of this section in
consultation with the Secretary of Veterans Affairs, the National
Institute of Mental Health, the Substance Abuse and Mental Health
Services Administration of the Department of Health and Human Services,
and the Centers for Disease Control and Prevention.
(d) Outreach.--
(1) In general.--The actions taken under subsection (a)
shall include a campaign of outreach throughout the Armed
Forces and the military family communities intended to--
(A) reduce the stigma among members of the Armed
Forces and their families, and in such communities,
associated with mental health concerns;
(B) encourage members of the Armed Forces and
individuals in such communities to seek help with such
concerns;
(C) increase awareness among members of the Armed
Forces and in such communities that mental health is
essential to overall health; and
(D) increase awareness among members of the Armed
Forces and in such communities regarding substance
abuse concerns, relationship and financial
difficulties, and legal and occupational difficulties.
(2) Public addresses.--As part of the campaign of outreach,
the Secretary shall provide for the inclusion in addresses to
veterans service organizations and other public addresses, and
in other public speeches, by senior officials of the Department
of Defense of the themes of the importance of mental health,
and the importance of seeking help on mental health concerns
and stress on military family members, for members of the Armed
Forces, veterans, and their families.
(e) Post-Deployment Assistance for Spouses and Parents of Returning
Members.--
(1) In general.--The Secretary shall provide spouses and
parents of members of the Armed Forces, including members of
the National Guard and Reserve, who are returning from
deployment assistance in--
(A) understanding issues that arise in the
readjustment of such members--
(i) for members of the National Guard and
Reserve, to civilian life; and
(ii) for members of the regular components
of the Armed Forces, to military life in a non-
combat environment;
(B) identifying signs and symptoms of substance
abuse, mental health conditions, traumatic brain
injury, and risk factors for suicide; and
(C) encouraging such members and their families in
seeking assistance for such conditions and in seeking
assistance on relationship, financial, legal, and
occupational difficulties.
(2) Information on available resources.--In providing
assistance under paragraph (1), the Secretary shall provide
information on the national suicide prevention hotline, local
resources for mental health services, family counseling
services, or other appropriate services, including services
available from both military providers of such services and
community-based providers of such services.
(3) Timing.--The Secretary shall provide resources under
paragraph (1) with respect to a member of the Armed Forces not
later than six months after the date of the return of such
member from deployment.
(f) Assessment of Actions.--
(1) In general.--The Secretary shall provide for an
evaluation and assessment of the actions undertaken under this
section by an appropriate non-Federal Government entity
selected by the Secretary for purposes of this subsection. The
Secretary may provide for the evaluation and assessment by
contract or other cooperative agreement with, or by grant to,
the entity so selected.
(2) Elements.--In conducting the evaluation and assessment
required under paragraph (1), the entity selected under that
paragraph shall evaluate and assess the effectiveness of the
actions taken under this section in reducing the incidence of
suicide among members of the Armed Forces, including--
(A) the extent to which the actions taken under
this section effectively targeted members of the Armed
Forces and their families; and
(B) the extent to which the actions taken under
this section increased awareness among members of the
Armed Forces and their families on risk factors for
suicide.
SEC. 3. REPORT TO CONGRESS ON SUICIDE PREVENTION PROGRAMS AND
ACTIVITIES.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act and annually thereafter, the Secretary of Defense
shall submit to Congress a report on the programs and activities of the
Secretary of Defense to reduce the incidence of suicide among members
of the Armed Forces.
(b) Elements.--Each report under this section shall include the
following:
(1) The total number of suicides among members of the Armed
Forces during the period beginning on January 1, 2002, and
ending at the end of the most recent calendar year quarter
preceding the submittal of such report, including the number of
suicides confirmed and the number of deaths being investigated
as a suicide, set forth--
(A) by calendar year quarter in which death
occurred;
(B) by military department of the members
concerned; and
(C) by whether death occurred while the members
concerned were deployed or while assigned to permanent
duty station or homeport.
(2) A description of the status of the program required by
section 2, including, for the first three reports under this
section, a current description of the implementation of the
program, including the costs of implementation of the program.
(3) A description of the coordination of the program with
suicide prevention efforts of the Department of Veterans
Affairs.
(4) In the case of the first report under this section, a
plan for additional programs and activities to reduce the
incidence of suicide among current and former members of the
Armed Forces.
(5) Such recommendations for additional legislative or
administrative action as the Secretary considers appropriate to
improve and enhance the suicide prevention programs and
activities of the Department of Defense.
(c) Consultation.--In developing the plan required by subsection
(b)(4), the Secretary of Defense shall consult with the following:
(1) The Secretary of Veterans Affairs
(2) The National Institute of Mental Health.
(3) The Substance Abuse and Mental Health Services
Administration of the Department of Health and Human Services.
(4) The Centers for Disease Control and Prevention.
SEC. 4. WORKFORCE DEVELOPMENT FOR UNIFORMED BEHAVIORAL HEALTH
PROFESSIONALS FOR THE DEPARTMENT OF DEFENSE.
The Secretary of Defense may award grants to, and enter into
contracts and cooperative agreements with, such entities as the
Secretary considers appropriate to identify and implement within the
Department of Defense innovative and effective strategies for the
recruitment and retention of qualified uniformed behavioral health
professionals to provide mental health services, and substance abuse
disorder prevention and treatment services, for members of the Armed
Forces.
SEC. 5. REDUCING THE STIGMA ASSOCIATED WITH SEEKING MENTAL HEALTH
TREATMENT.
The Secretary of Defense may award grants to, and enter into
contracts and cooperative agreements with, such entities as the
Secretary considers appropriate to identify and implement within the
Department of Defense innovative and effective strategies for reducing
the stigma associated with seeking mental health treatment.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There is hereby authorized to be appropriated for fiscal year 2009
for the Department of Defense $6,000,000 to carry out this Act. | Armed Forces Suicide Prevention Act of 2008 - Directs the Secretary of Defense to undertake specified actions to enhance the suicide prevention programs of the Department of Defense (DOD), including: (1) suicide prevention training for all members of the Armed Forces and DOD civilian health care community and family support professionals; and (2) a suicide prevention outreach program throughout the Armed Forces and military family communities.
Directs the Secretary to provide readjustment assistance to spouses and parents of members returning from deployments, including information on: (1) ways to identify signs and symptoms of risk factors for suicide; and (2) the national suicide prevention hotline and other suicide prevention resources.
Authorizes the Secretary to award grants and enter into cooperative agreements to identify and implement within DOD strategies for: (1) the recruitment and retention of qualified military behavioral health professionals to provide mental health services, and substance abuse disorder prevention and treatment services, to members; and (2) reducing the stigma associated with seeking mental health treatment. | {"src": "billsum_train", "title": "To provide for the enhancement of the suicide prevention programs of the Department of Defense, and for other purposes."} | 1,978 | 202 | 0.661654 | 1.788145 | 0.902653 | 3.824742 | 9.92268 | 0.948454 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Preserving
Medicare for All Act of 2007''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Negotiation of prices for medicare prescription drugs.
Sec. 3. Guaranteed prescription drug benefits.
Sec. 4. Full reimbursement for qualified retiree prescription drug
plans.
Sec. 5. Repeal of comparative cost adjustment (cca) program.
Sec. 6. Repeal of MA Regional Plan Stabilization Fund.
Sec. 7. Repeal of cost containment provisions.
Sec. 8. Removal of exclusion of benzodiazepines from required coverage
under the Medicare prescription drug
program.
SEC. 2. NEGOTIATION OF PRICES FOR MEDICARE PRESCRIPTION DRUGS.
Section 1860D-11 of the Social Security Act (42 U.S.C. 1395w-111)
is amended by striking subsection (i) (relating to noninterference) and
inserting the following:
``(i) Negotiation; No National Formulary or Price Structure.--
``(1) Negotiation of prices with manufacturers.--In order
to ensure that beneficiaries enrolled under prescription drug
plans and MA-PD plans pay the lowest possible price, the
Secretary shall have and exercise authority similar to that of
other Federal entities that purchase prescription drugs in bulk
to negotiate contracts with manufacturers of covered part D
drugs, consistent with the requirements and in furtherance of
the goals of providing quality care and containing costs under
this part.
``(2) No national formulary or price structure.--In order
to promote competition under this part and in carrying out this
part, the Secretary may not require a particular formulary or
institute a price structure for the reimbursement of covered
part D drugs.''.
SEC. 3. GUARANTEED PRESCRIPTION DRUG BENEFITS.
(a) In General.--Section 1860D-3 of the Social Security Act (42
U.S.C. 1395w-103) is amended to read as follows:
``access to a choice of qualified prescription drug coverage
``Sec. 1860D-3. (a) Assuring Access to a Choice of Coverage.--
``(1) Choice of at least three plans in each area.--
Beginning on January 1, 2008, the Secretary shall ensure that
each part D eligible individual has available, consistent with
paragraph (2), a choice of enrollment in--
``(A) a nationwide prescription drug plan offered
by the Secretary in accordance with subsection (b); and
``(B) at least 2 qualifying plans (as defined in
paragraph (3)) in the area in which the individual
resides, at least one of which is a prescription drug
plan.
``(2) Requirement for different plan sponsors.--The
requirement in paragraph (1)(B) is not satisfied with respect
to an area if only one entity offers all the qualifying plans
in the area.
``(3) Qualifying plan defined.--For purposes of this
section, the term `qualifying plan' means--
``(A) a prescription drug plan;
``(B) an MA-PD plan described in section
1851(a)(2)(A)(i) that provides--
``(i) basic prescription drug coverage; or
``(ii) qualified prescription drug coverage
that provides supplemental prescription drug
coverage so long as there is no MA monthly
supplemental beneficiary premium applied under
the plan, due to the application of a credit
against such premium of a rebate under section
1854(b)(1)(C); or
``(C) a nationwide prescription drug plan offered
by the Secretary in accordance with subsection (b).
``(b) HHS as PDP Sponsor for a Nationwide Prescription Drug Plan.--
``(1) In general.--The Secretary, acting through the
Administrator of the Centers for Medicare & Medicaid Services,
shall take such steps as may be necessary to qualify and serve
as a PDP sponsor and to offer a prescription drug plan that
offers basic prescription drug coverage throughout the United
States. Such a plan shall be in addition to, and not in lieu
of, other prescription drug plans offered under this part.
``(2) Premium; solvency; authorities.--In carrying out
paragraph (1), the Secretary--
``(A) shall establish a premium in the amount of
$35 for months in 2008 and, for months in subsequent
years, in the amount specified in this paragraph for
months in the previous year increased by the annual
percentage increase described in section 1860D-2(b)(6)
(relating to growth in medicare prescription drug costs
per beneficiary) for the year involved;
``(B) is deemed to have met any applicable solvency
and capital adequacy standards; and
``(C) shall exercise such authorities (including
the use of regional or other pharmaceutical benefit
managers) as the Secretary determines necessary to
offer the prescription drug plan in the same or a
comparable manner as is the case for prescription drug
plans offered by private PDP sponsors.
``(c) Flexibility in Risk Assumed.--In order to ensure access
pursuant to subsection (a) in an area the Secretary may approve limited
risk plans under section 1860D-11(f) for the area.''.
(b) Conforming Amendment.--Section 1860D-11(g) of the Social
Security Act (42 U.S.C. 1395w-111(g)) is amended by adding at the end
the following new paragraph:
``(8) Application.--This subsection shall not apply on or
after January 1, 2008.''.
SEC. 4. FULL REIMBURSEMENT FOR QUALIFIED RETIREE PRESCRIPTION DRUG
PLANS.
(a) Elimination of True Out-of-Pocket Limitation.--Section 1860D-
2(b)(4)(C)(ii) of the Social Security Act (42 U.S.C. 1395w-
102(b)(4)(C)(ii) is amended--
(1) by inserting ``under a qualified retiree prescription
drug plan (as defined in section 1860D-22(a)(2)),'' after
``under section 1860D-14,''; and
(2) by inserting ``, under such a qualified retiree
prescription drug plan,'' after ``(other than under such
section''.
(b) Equalization of Subsidies.--Notwithstanding any other provision
of law, the Secretary of Health and Human Services shall provide for
such increase in the special subsidy payment amounts under section
1860D-22(a)(3) of the Social Security Act (42 U.S.C. 1395w-132(a)(3))
as may be appropriate to provide for payments in the aggregate
equivalent to the payments that would have been made under section
1860D-15 of such Act (42 U.S.C. 1395w-115) if the individuals were not
enrolled in a qualified retiree prescription drug plan. In making such
computation, the Secretary shall not take into account the application
of the amendments made by section 1202 of the Medicare Prescription
Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173;
117 Stat. 2480).
(c) Effective Date.--This section, and the amendments made by this
section, shall take effect on January 1, 2008.
SEC. 5. REPEAL OF COMPARATIVE COST ADJUSTMENT (CCA) PROGRAM.
Subtitle E of title II of the Medicare Prescription Drug,
Improvement, and Modernization Act of 2003 (Public Law 108-173; 117
Stat. 2214), and the amendments made by such subtitle, are repealed.
SEC. 6. REPEAL OF MA REGIONAL PLAN STABILIZATION FUND.
(a) In General.--Subsection (e) of section 1858 of the Social
Security Act (42 U.S.C. 1395w-27a) is repealed.
(b) Conforming Amendment.--Section 1858(f)(1) of the Social
Security Act (42 U.S.C. 1395w-27a(f)(1)) is amended by striking
``subject to subsection (e),''.
SEC. 7. REPEAL OF COST CONTAINMENT PROVISIONS.
Subtitle A of title VIII of the Medicare Prescription Drug,
Improvement, and Modernization Act of 2003 (Public Law 108-173; 117
Stat. 2357) is repealed and any provisions of law amended by such
subtitle are restored as if such subtitle had not been enacted.
SEC. 8. REMOVAL OF EXCLUSION OF BENZODIAZEPINES FROM REQUIRED COVERAGE
UNDER THE MEDICARE PRESCRIPTION DRUG PROGRAM.
(a) Removal of Exclusion.--
(1) In general.--Section 1860D-2(e)(2) of the Social
Security Act (42 U.S.C. 1395w-102(e)(2)) is amended--
(A) by striking ``subparagraph (E)'' and inserting
``subparagraphs (E) and (J)''; and
(B) by inserting ``and benzodiazepines'' after
``smoking cessation agents''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply to prescriptions dispensed on or after January 1,
2008.
(b) Review of Benzodiazepine Prescription Policies to Assure
Appropriateness and to Avoid Abuse.--The Secretary of Health and Human
Services shall review the policies of Medicare prescription drug plans
(and MA-PD plans) under parts C and D of title XVIII of the Social
Security Act regarding the filling of prescriptions for benzodiazepine
to ensure that these policies are consistent with accepted clinical
guidelines, are appropriate to individual health histories, and are
designed to minimize long term use, guard against over-prescribing, and
prevent patient abuse.
(c) Development by Medicare Quality Improvement Organizations of
Educational Guidelines for Physicians Regarding Prescribing of
Benzodiazepines.--The Secretary of Health and Human Services shall
provide, in contracts entered into with Medicare quality improvement
organizations under part B of title XI of the Social Security Act, for
the development by such organizations of appropriate educational
guidelines for physicians regarding the prescribing of benzodiazepines. | Preserving Medicare for All Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to repeal the prohibition against interference by the Secretary of Health and Human Services with the negotiations between drug manufacturers and pharmacies and prescription drug plan sponsors.
Grants the Secretary authority to negotiate contracts with manufacturers of covered part D drugs in order to ensure that beneficiaries enrolled under prescription drug plans and Medicare Advantage Prescription Drug Plans (MA-PD plans) pay the lowest possible price.
Allows the Medicare part D eligible individual an alternative to the current choice of coverage in at least two qualifying plans in the area in which the individual resides. Allows such an individual to choose enrollment in a nationwide prescription drug plan offered by the Secretary (to replace enrollment in a fallback prescription drug plan in any case in which such plans are not available).
Directs the Secretary, through the Administrator of the Centers for Medicare & Medicaid Services, to: (1) take necessary steps to qualify and serve as a prescription drug plan sponsor; and (2) offer a prescription drug plan that offers basic prescription drug coverage throughout the United States, with a $35 premium for 2008, adjusted annually thereafter.
Requires such a plan to be in addition to, and not in lieu of, other prescription drug plans offered.
Provides for full reimbursement to employers for the cost of qualified retiree drug coverage, and permits their costs to count towards senior's catastrophic limits.
Abolishes the comparative cost adjustment program.
Eliminates the MA Regional Plan Stabilization Fund.
Repeals certain cost containment requirements.
Amends SSA title XVIII to provide for the removal of exclusion of benzodiazepines from required coverage under the Medicare prescription drug program. | {"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to provide additional beneficiary protections."} | 2,338 | 373 | 0.607164 | 1.929691 | 0.776968 | 3.561934 | 5.770393 | 0.885196 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Norman Y. Mineta Research and
Special Programs Improvement Act''.
SEC. 2. PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION.
(a) In General.--Section 108 of title 49, United States Code, is
amended to read as follows:
``Sec. 108. Pipeline and Hazardous Materials Safety Administration
``(a) In General.--The Pipeline and Hazardous Materials Safety
Administration shall be an administration in the Department of
Transportation.
``(b) Safety as Highest Priority.--In carrying out its duties, the
Administration shall consider the assignment and maintenance of safety
as the highest priority, recognizing the clear intent, encouragement,
and dedication of Congress to the furtherance of the highest degree of
safety in pipeline transportation and hazardous materials
transportation.
``(c) Administrator.--The head of the Administration shall be the
Administrator who shall be appointed by the President, by and with the
advice and consent of the Senate, and shall be an individual with
professional experience in pipeline safety, hazardous materials safety,
or other transportation safety. The Administrator shall report directly
to the Secretary of Transportation.
``(d) Deputy Administrator.--The Administration shall have a Deputy
Administrator who shall be appointed by the Secretary. The Deputy
Administrator shall carry out duties and powers prescribed by the
Administrator.
``(e) Chief Safety Officer.--The Administration shall have an
Assistant Administrator for Pipeline and Hazardous Materials Safety
appointed in the competitive service by the Secretary. The Assistant
Administrator shall be the Chief Safety Officer of the Administration.
The Assistant Administrator shall carry out the duties and powers
prescribed by the Administrator.
``(f) Duties and Powers of the Administrator.--The Administrator
shall carry out--
``(1) duties and powers related to pipeline and hazardous
materials transportation and safety vested in the Secretary by
chapters 51, 57, 61, 601, and 603; and
``(2) other duties and powers prescribed by the Secretary.
``(g) Limitation.--A duty or power specified in subsection (f)(1)
may be transferred to another part of the Department of Transportation
or another government entity only if specifically provided by law.''.
(b) Transfer of Duties and Powers of Research and Special Programs
Administration.--The authority of the Research and Special Programs
Administration exercised under chapters 51, 57, 61, 601, and 603 of
title 49, United States Code, is transferred to the Administrator of
the Pipeline and Hazardous Materials Safety Administration.
(c) Conforming Amendments.--
(1) Chapter analysis.--The analysis for chapter 1 of title 49,
United States Code, is amended by striking the item relating to
section 108 and inserting the following:
``108. Pipeline and Hazardous Materials Safety Administration.''.
(2) DOT inspectors.--Section 5118(b)(3)(A) of title 49, United
States Code, is amended by striking ``Research and Special Programs
Administration'' and inserting ``Pipeline and Hazardous Materials
Safety Administration''.
(3) NTSB safety recommendations.--Section 19(a) of the Pipeline
Safety Improvement Act of 2002 (49 U.S.C 1135 note; 116 Stat. 3009)
is amended by striking ``Research and Special Program
Administration'' and inserting ``Pipeline and Hazardous Materials
Safety Administration''.
(4) National maritime enhancements institutes.--Section 8(f)(2)
of Public Law 101-115 (46 U.S.C. App. 1121-2(f)(2)) is amended by
striking ``Research and Special Programs Administration'' and
inserting ``Research and Innovative Technology Administration''.
(5) Oil pollution research and development program.--Section
7001 of the Oil Pollution Act of 1990 (33 U.S.C. 2761) is amended--
(A) in subsection (a)(3) by striking ``Research and Special
Projects Administration'' and inserting ``Pipeline and
Hazardous Materials Safety Administration''; and
(B) in subsection (c)(11) by striking ``Research and
Special Programs Administration'' and inserting ``Pipeline and
Hazardous Materials Safety Administration''.
(6) Penalties.--Section 844(g)(2)(B) of title 18, United State
Code, is amended by striking ``Research and Special Projects
Administration'' and inserting ``Pipeline and Hazardous Materials
Safety Administration''.
(d) Executive Schedule Pay Rate.--Section 5314 of title 5, United
States Code, is amended by adding at the end the following:
``Administrator, Pipeline and Hazardous Materials Safety
Administration.''.
SEC. 3. BUREAU OF TRANSPORTATION STATISTICS.
(a) Establishment.--Section 111(a) of title 49, United States Code,
is amended by striking ``in the Department of Transportation'' and
inserting ``in the Research and Innovative Technology Administration''.
(b) Appointment of Director.--Section 111(b) of title 49, United
States Code, is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Appointment.--The Bureau shall be headed by a Director
who shall be appointed in the competitive service by the
Secretary.''; and
(2) by striking paragraphs (3) and (4).
(c) Executive Schedule Pay Rate.--Section 5316 of title 5, United
States Code, is amended by striking the undesignated paragraph relating
to the Director, Bureau of Transportation Statistics.
SEC. 4. RESEARCH AND INNOVATIVE TECHNOLOGY ADMINISTRATION.
(a) In General.--Section 112 of title 49, United States Code, is
amended--
(1) by striking the section heading and inserting the
following:
``Sec. 112. Research and Innovative Technology Administration'';
(2) by striking subsection (a) and inserting the following:
``(a) Establishment.--The Research and Innovative Technology
Administration shall be an administration in the Department of
Transportation.'';
(3) by striking subsection (d) and inserting the following:
``(d) Powers and Duties of the Administrator.--The Administrator
shall carry out--
``(1) powers and duties prescribed by the Secretary for--
``(A) coordination, facilitation, and review of the
Department's research and development programs and activities;
``(B) advancement, and research and development, of
innovative technologies, including intelligent transportation
systems;
``(C) comprehensive transportation statistics research,
analysis, and reporting;
``(D) education and training in transportation and
transportation-related fields; and
``(E) activities of the Volpe National Transportation
Center; and
``(2) other powers and duties prescribed by the Secretary.'';
and
(4) by striking subsection (e).
(b) Clarification.--
(1) In general.--Nothing in this Act shall grant any authority
to the Research and Innovative Technology Administration over
research and other programs, activities, standards, or regulations
administered by the Secretary of Transportation through the
National Highway Traffic Safety Administration.
(2) Applicability.--Paragraph (1) shall not apply to the
research and other programs, activities, standards, or regulations
provided for in highway and traffic safety programs, administered
by the Secretary through the National Highway Traffic Safety
Administration, in title 23, United States Code, and chapter 303 of
title 49, United States Code, as in effect on the date of enactment
of this Act.
(c) Office of Intermodalism.--Section 5503(a) of title 49, United
States Code, is amended to read as follows:
``(a) Establishment.--There is established in the Research and
Innovative Technology Administration an Office of Intermodalism.''.
(d) Transfer of Powers and Duties of Research and Special Programs
Administration.--The authority of the Research and Special Programs
Administration, other than authority exercised under chapters 51, 57,
61, 601, and 603 of title 49, United States Code, is transferred to the
Administrator of the Research and Innovative Technology Administration.
(e) Conforming Amendment.--The analysis for chapter 1 of title 49,
United States Code, is amended by striking the item relating to section
112 and inserting the following:
``112. Research and Innovative Technology Administration.''.
(f) Executive Schedule Pay Rate.--Section 5314 of title 5, United
States Code, is amended by striking the undesignated paragraph relating
to the Administrator, Research and Special Programs Administration and
inserting the following:
``Administrator, Research and Innovative Technology
Administration.''.
(g) Report.--
(1) In general.--Not later than 120 days after the date of
enactment of this Act, the Administrator of the Research and
Innovative Technology Administration shall submit to the Committee
on Transportation and Infrastructure and the Committee on Science
of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on the research
activities of the Department of Transportation.
(2) Contents.--The report shall include--
(A) a summary of the mission and strategic goals of the
Administration;
(B) a prioritized list of the research and development
activities that the Department intends to pursue over the next
5 years;
(C) a description of the primary purposes for conducting
such research and development activities, such as reducing
traffic congestion, improving mobility, and promoting safety;
(D) an estimate of the funding levels needed to implement
such research and development activities for the current fiscal
year; and
(E) any additional information the Administrator considers
appropriate.
(3) Development.--In developing the report, the Administrator
shall--
(A) solicit input from a wide range of stakeholders;
(B) take into account how the research and development
activities of other Federal, State, private sector, and not-
for-profit institutions contribute to the achievement of the
purposes identified under paragraph (2)(C); and
(C) address methods to avoid unnecessary duplication of
efforts in achieving such purposes.
SEC. 5. SAVINGS PROVISIONS.
(a) Transfer of Assets and Personnel.--Personnel, property, and
records employed, used, held, available, or to be made available in
connection with functions transferred within the Department of
Transportation by this Act shall be transferred for use in connection
with the functions transferred, and unexpended balances of
appropriations, allocations, and other funds (including funds of any
predecessor entity) shall also be transferred accordingly.
(b) Legal Documents.--All orders, determinations, rules,
regulations, permits, grants, loans, contracts, settlements,
agreements, certificates, licenses, and privileges--
(1) that have been issued, made, granted, or allowed to become
effective by any officer or employee, or any other Government
official, or by a court of competent jurisdiction, in the
performance of any function that is transferred by this Act; and
(2) that are in effect on the effective date of such transfer
(or become effective after such date pursuant to their terms as in
effect on such effective date),
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with law by
the Department, any other authorized official, a court of competent
jurisdiction, or operation of law.
(c) Proceedings.--The provisions of this Act shall not affect any
proceedings, including administrative enforcement actions, pending
before this Act takes effect, insofar as those functions are
transferred by this Act; but such proceedings, to the extent that they
relate to functions so transferred, shall proceed in accordance with
applicable law and regulations. Nothing in this subsection shall be
deemed to prohibit the conclusion or modification of any proceeding
described in this subsection under the same terms and conditions and to
the same extent that such proceeding could have been concluded or
modified if this Act had not been enacted. The Secretary of
Transportation is authorized to provide for the orderly transfer of
pending proceedings.
(d) Suits.--
(1) In general.--This Act shall not affect suits commenced
before the date of enactment of this Act, except as provided in
paragraphs (2) and (3). In all such suits, proceedings shall be
had, appeals taken, and judgments rendered in the same manner and
with the same effect as if this Act had not been enacted.
(2) Suits by or against department.--Any suit by or against the
Department begun before the date of enactment of this Act, shall
proceed in accordance with applicable law and regulations, insofar
as it involves a function retained and transferred under this Act.
(3) Procedures for remanded cases.--If the court in a suit
described in paragraph (1) remands a case, subsequent proceedings
related to such case shall proceed under procedures that are in
accordance with applicable law and regulations as in effect at the
time of such subsequent proceedings.
(e) Continuance of Actions Against Officers.--No suit, action, or
other proceeding commenced by or against any officer in his or her
official capacity shall abate by reason of the enactment of this Act.
(f) Exercise of Authorities.--An officer or employee of the
Department, for purposes of performing a function transferred by this
Act, may exercise all authorities under any other provision of law that
were available with respect to the performance of that function to the
official responsible for the performance of the function immediately
before the effective date of the transfer of the function by this Act.
(g) References.--A reference relating to an agency, officer, or
employee affected by this Act in any Federal law, Executive order,
rule, regulation, or delegation of authority, or in any document
pertaining to an officer or employee, is deemed to refer, as
appropriate, to the agency, officer, or employee who succeeds to the
functions transferred by this Act.
(h) Definition.--In this section, the term ``this Act'' includes
the amendments made by this Act.
SEC. 6. REPORTS.
(a) Reports by the Inspector General.--Not later than 30 days after
the date of enactment of this Act, the Inspector General of the
Department of Transportation shall submit to the Secretary of
Transportation and the Administrator of the Pipeline and Hazardous
Materials Safety Administration a report containing the following:
(1) A list of each statutory mandate regarding pipeline safety
or hazardous materials safety that has not been implemented.
(2) A list of each open safety recommendation made by the
National Transportation Safety Board or the Inspector General
regarding pipeline safety or hazardous materials safety.
(b) Reports by the Secretary.--
(1) Statutory mandates.--Not later than 90 days after the date
of enactment of this Act, and every 180 days thereafter until each
of the mandates referred to in subsection (a)(1) has been
implemented, the Secretary shall transmit to the Committee on
Transportation and Infrastructure and the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report on the
specific actions taken to implement such mandates.
(2) NTSB and inspector general recommendations.--Not later than
January 1st of each year, the Secretary shall transmit to the
Committee on Transportation and Infrastructure and the Committee on
Energy and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate a
report containing each recommendation referred to in subsection
(a)(2) and a copy of the Department of Transportation response to
each such recommendation.
SEC. 7. DEADLINE FOR TRANSFERS.
The Secretary shall provide for the orderly transfer of duties and
powers under this Act, including the amendments made by this Act, as
soon as practicable but not later than 90 days after the date of
enactment of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Norman Y. Mineta Research and Special Programs Reorganization Act - (Sec. 2) Amends Federal transportation law to establish the Pipeline and Hazardous Materials Safety Administration (PHMSA) in the Department of Transportation (DOT), headed by an Administrator with professional experience in pipeline safety, hazardous materials safety, or other transportation safety, appointed by the President, by and with the advice and consent of the Senate. Provides for a Deputy Administrator, appointed by the Secretary of Transportation, and an Assistant Administrator for Pipeline and Hazardous Materials Safety (who shall also be the Chief Safety Officer), appointed in the competitive service by the Secretary.
(Sec. 3) Transfers the Bureau of Transportation Statistics (BTS) to the Research and Innovative Technology Administration (established by this Act). Requires the BTS Director to be appointed in the competitive service by the Secretary, instead (as currently) by the President, by and with the advice and consent of the Senate.
(Sec. 4) Replaces the Research and Special Programs Administration (RSPA) with the Research and Innovative Technology Administration (RITA), which shall be headed by an Administrator appointed by the President, by and with the advice and consent of the Senate. Transfers the powers and duties of the RSPA Administrator to the RITA Administrator.
Directs the Administrator to carry out the responsibilities of the Secretary for: (1) coordination, facilitation, and review of DOT research and development programs and activities; (2) advancement of innovative technologies, including intelligent transportation systems projects and products; (3) comprehensive transportation statistics research, analysis, and reporting; (4) education and training in transportation and transportation-related fields; and (5) activities of the Volpe National Transportation Center.
Declares that nothing in this Act shall grant any authority to RITA over research and other programs, activities, standards, or regulations administered by the Secretary through the National Highway Traffic Safety Administration, except those provided for in highway and traffic safety programs administered under specified Federal law pertaining to highways and the National Driver Register, as in effect on the date of enactment of this Act.
Establishes in RITA an Office of Intermodalism.
Directs the Administrator of RITA to report to Congress on DOT research activities. Requires the Administrator, in developing the report, to: (1) solicit input from a wide range of stakeholders; (2) take into account how the research and development activities of other Federal, State, private sector, and not-for-profit institutions contribute to reducing traffic congestion, improving mobility, and promoting safety; and (3) address methods to avoid unnecessary duplication of efforts in achieving such purposes.
(Sec. 6) Directs the DOT Inspector General to report to the Secretary and the PHMSA Administrator a list of: (1) each statutory mandate regarding pipeline safety or hazardous materials safety that has not been implemented; and (2) each open safety recommendation made by the National Transportation Safety Board or the Inspector General regarding pipeline safety or hazardous materials safety. Directs the Secretary to report to Congress on the specific actions taken to implement such mandates.
Requires the Secretary to report annually to Congress on each open safety recommendation and the DOT response.
(Sec. 7) Directs the Secretary to provide for the orderly transfer of duties and powers under this Act by 90 days after its enactment. | {"src": "billsum_train", "title": "To amend title 49, United States Code, to provide the Department of Transportation a more focused research organization with an emphasis on innovative technology, and for other purposes."} | 3,512 | 705 | 0.611136 | 1.922908 | 0.762356 | 4.667697 | 4.925811 | 0.945904 |
SECTION 1. METALLURGICAL COAL MINING CREDIT.
(a) General Rule.--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 thereof the following new
section:
``SEC. 45A. METALLURGICAL COAL MINING CREDIT.
``(a) General Rule.--For purposes of section 38, the metallurgical
coal mining credit determined under this section for the taxable year
is the lesser of--
``(1) the applicable percentage of the aggregate amount of
the premiums paid or accrued by the taxpayer during the taxable
year pursuant to chapter 99 of this title (relating to coal
industry health benefits), or
``(2) 7.5 percent of the aggregate gross revenue from the
sale of qualified metallurgical coal sold by the taxpayer
during the taxable year to an unrelated person.
``(b) Qualification.--No credit shall be determined under
subsection (a) with respect to any taxpayer unless at least 20 percent
of the total tons of qualified coal sold by the taxpayer during each of
the 4 preceding taxable years was qualified metallurgical coal. For
purposes of the preceding sentence, only coal produced from an economic
interest held by the taxpayer shall be taken into account.
``(c) Definitions and Special Rules.--For purposes of this
section--
``(1) Applicable percentage.--The applicable percentage is
the percentage of the aggregate tons of qualified coal sold by
the taxpayer during the taxable year to unrelated persons which
consists of qualified metallurgical coal. In no event shall the
applicable percentage exceed 75 percent.
``(2) Qualified metallurgical coal.--The term `qualified
metallurgical coal' means any bituminous coal which--
``(A) is used in the production of iron and steel,
and
``(B) is processed by, or produced from an economic
interest held by, a signatory operator.
``(3) Unrelated person.--The term `unrelated person' has
the same meaning as when used in section 29.
``(4) Affiliated groups.--All members of the same
affiliated group (as defined in section 1504) shall be treated
as one taxpayer for purposes of this section and the credit
determined under subsection (a) with respect to such one
taxpayer shall be allocated among such members in such manner
as the Secretary may prescribe.
``(5) Economic interest.--The term `economic interest'
means an interest with respect to which an allowance for
depletion is allowable.
``(6) Bituminous coal.--The term `bituminous coal' means
coal classified as bituminous coal according to the publication
of the American Society for Testing and Materials under the
title `Standard Classification of Coals by Rank' (ASTM D 338-
91A), as in effect on the date of the enactment of chapter 99.
``(7) Qualified coal.--The term `qualified coal' means any
bituminous coal which is produced and processed by a signatory
operator from an economic interest held by a signatory
operator.
``(8) Signatory operator.--The term `signatory operator'
has the meaning given such term by section 9701(c)(1), and
shall include all members of the affiliated group of which such
signatory operator is a member that are also signatory
operators.
``(9) Ton--.The term `ton' means 2,000 pounds.''.
(b) Credit Made Part of General Business Credit.--Subsection (b) of
section 38 is amended by striking ``plus'' at the end of paragraph (7),
by striking the period at the end of paragraph (8) and inserting ``,
plus'', and by adding at the end thereof the following new paragraph:
``(9) the metallurgical coal credit determined under
section 45A.''.
(c) Credit May Offset 90 Percent of Minimum Tax.--Subsection (c) of
section 38 of such Code is amended by redesignating paragraph (2) as
paragraph (3) and by inserting after paragraph (1) the following new
paragraph:
``(2) Metallurgical coal credit may offset 90 percent of
minimum tax.--
``(A) In general.--In the case of a taxpayer
entitled to a credit determined under section 45A, the
amount determined under paragraph (1)(A) shall be
reduced by the lesser of--
``(i) the portion of the metallurgical coal
credit not used against the normal limitation,
or
``(ii) 90 percent of the taxpayer's
tentative minimum tax for the taxable year.
``(B) Portion of metallurgical coal credit not used
against normal limitation.--For purposes of
subparagraph (A), the portion of the metallurgical coal
credit not used against the normal limitation is the
excess (if any) of--
``(i) the portion of the credit under
subsection (a) which is attributable to the
metallurgical coal credit determined under
section 45A, over
``(ii) the limitation of paragraph (1)
(determined without regard to this paragraph)
reduced by the portion of the credit under
subsection (a) which is not so attributable.''
(d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end thereof the following new item:
``Sec. 45A. Metallurgical coal mining
credit.''.
(e) Effective Date.--The amendments made by this section shall take
effect on January 1, 1993. | Amends the Internal Revenue Code to allow a general business credit for metallurgical coal mining. Declares such credit to consist of: (1) the lesser of a percentage of coal industry health benefit premiums; or (2) a percentage of the sale of metallurgical coal. Allows such credit to offset a percentage of the minimum tax. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide a tax credit to businesses which mine metallurgical coal and are required to make contributions to the UMWA Combined Benefit Fund created by the Energy Policy Act of 1992."} | 1,262 | 76 | 0.571569 | 1.365198 | 0.797296 | 1.90625 | 17.421875 | 0.875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Retiree and Veteran Health
Care Act of 1993''.
SEC. 2. DEFINITION OF MEDICARE SUBVENTION FUNDING.
Section 1072 of title 10, United States Code, is amended by adding
at the end the following new paragraph:
``(6) The term `medicare subvention funding' means funds or
funding authority of any program authorized under title XVIII
of the Social Security Act (42 U.S.C. 1395 et seq.), which is
made available to a department or agency for the provision of
health care services, and wherein funds are provided directly
to a military treatment facility operated by the Department of
Defense or Department of Veterans' Affairs for the purpose of
payment for care provided to authorized personnel treated in
that particular facility; and further wherein the funds
provided would otherwise be utilized for the same purpose in a
nonmilitary treatment facility.''.
SEC. 3. MEDICAL AND DENTAL CARE FOR MEMBERS AND CERTAIN FORMER MEMBERS.
Section 1074(b) of title 10, United States Code, is amended--
(1) by inserting ``(1)'' after ``(a)''; and
(2) by adding at the end the following new paragraphs:
``(2) If a member or former member eligible for care under
paragraph (1) is also eligible for health insurance payments under
title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), the
member or former member shall be entitled to and given medical and
dental care in any medical facility of any uniformed service. The
facility of the uniformed service that provides such care will recover
the cost for the care provided from medicare subvention funding by
direct billing of the appropriate program administering the health
insurance program defined under title XVIII of the Social Security Act
(42 U.S.C. 1395 et seq.) and appropriate for the particular recipient
of the care. Medicare subvention funding payments to the providing
military treatment facility will be at fixed rates approved by the
President.
``(3) Payments received by a military treatment facility or
Department of Veterans' Affairs facility for medical services provided,
whether the funds originated as Department of Defense appropriated
funds or from medicare subvention funding shall be deposited to the
credit of the operating and maintenance fund of the particular medical
facility that provided the service, and as direct reimbursement for
services rendered; without any requirement of equal or reciprocal
reduction of the operating and maintenance budget of the providing
facility.''.
SEC. 4. MEDICAL AND DENTAL CARE FOR DEPENDENTS.
Section 1076(a) of title 10, United States Code, is amended by
striking out paragraph (1) and inserting in lieu thereof the following
new paragraph:
``(1) A dependent described in paragraph (2) is entitled, upon
request, to the medical and dental care prescribed by section 1077 of
this title in facilities of the uniformed services. If the dependent is
also entitled to hospital insurance benefits under title XVIII of the
Social Security Act (42 U.S.C. 1395 et seq.), then the facility of the
uniformed service will still provide authorized care, but will recover
the cost for providing the care from medicare subvention funding by
direct billing of the appropriate program administering the health
insurance program defined under that Act, and appropriate for the
particular recipient of the care. Medicare subvention funding payments
to the providing military treatment facility will be at fixed rates
approved by the President; and will be used, deposited, and credited as
specified in section 1074 of this title.''
SEC. 5. CONFORMING AMENDMENT REGARDING MEDICARE SUBVENTION FUNDING.
Section 1086(d) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(4) A covered beneficiary who is entitled to hospital insurance
benefits under title XVIII of the Social Security Act (42 U.S.C. 1395
et seq.), and who elects to receive care in a military treatment
facility, as authorized by section 1076 of this title, may do so. The
insurance benefits of the Social Security Act may then be utilized to
reimburse the military treatment facility for the care given, in the
manner and rate as specified in sections 1074(b) and 1076(a)(1).''.
SEC. 6. COLLECTION FROM THIRD-PARTY PAYERS.
Section 1095 of title 10, United States Code, is amended by
striking out subsection (d) and inserting in lieu thereof the following
new subsection:
``(d) Collection may be made from any third-party payer, including
the appropriate program administering the health insurance program
defined under title XVIII or XIX of the Social Security Act (42 U.S.C.
1395 et seq.) pursuant to medicare subvention funding.''.
SEC. 7. DETERMINATION OF INABILITY TO PROVIDE MEDICAL AND DENTAL
SERVICES.
Section 1076 of title 10, United States Code, is amended by
striking out subsection (c) and inserting in lieu thereof the following
new subsection:
``(c) Medical or dental care may be denied to a person who is
otherwise eligible for such care at a military treatment facility only
if the senior officer-in-charge or commanding officer of the military
treatment facility makes a determination that the treatment facility,
or subunit thereof, cannot provide the particular care required. This
determination may be made, if, and only if, that particular military
treatment facility, or subunit thereof, does not, at that particular
time, have space or facilities available to provide the treatment due
solely to the then actual existing requirements to utilize all existing
space or facilities for active duty members; or does not, at that
particular time, and under any circumstances, provide the type of care
required. Authority to make such determination may not be delegated.
The administering Secretary will be advised immediately in all
instances where a determination to deny treatment, under this
subsection, is made, with a verifiable date as to when the restriction
will be removed.''.
SEC. 8. MEDICARE PROCEDURE FOR PAYMENT OF CLAIMS OF PROVIDERS OF
SERVICES.
(a) In General.--Section 1835 of the Social Security Act (42 U.S.C.
1395n) is amended by striking out subsection (d) and inserting in lieu
thereof the following:
``(d) Payments to Federal Provider of Services or Other Federal
Agencies Prohibited.--Subject to sections 1880, 1890, and 1890A, no
payment may be made under this part (42 U.S.C. 1395j et seq.) to any
Federal provider of services or other Federal agency, except a provider
of services which the Secretary determines is providing services to the
public generally as a community institution or agency; and no such
payment may be made to any provider of services or other person for any
item or service which such person or persons is obligated by a law of,
or a contract with, the United States to render at public expense.''.
(b) Exception for Military and Veterans Treatment Facilities.--
Title XVIII of the Social Security Act is amended by inserting after
section 1889 the following:
``SEC. 1890. MILITARY TREATMENT FACILITIES.
``(a) Eligibility for Payments; Conditions and Requirements.--A
military treatment facility operated by a uniformed service of the
Department of Defense shall be eligible for payments under this title
notwithstanding sections 1814(c) and 1835(d) if and for so long as that
military treatment facility meets all of the conditions and
requirements for such payments which are applicable to hospitals and
skilled nursing facilities under this title.
``(b) Definition.--Such payments under this section shall be
referred to as medicare subvention funding, as that term is defined in
section 1072(6) of title 10, United States Code.
``SEC. 1890A. DEPARTMENTS OF VETERANS AFFAIRS MEDICAL TREATMENT
FACILITY.
``(a) Eligibility for Payments; Conditions and Requirements.--A
medical treatment facility operated by the Department of Veterans
Affairs shall be eligible for payments under this title notwithstanding
sections 1814(c) and 1835(d) if and for so long as that medical
treatment facility meets all of the conditions and requirements for
such payments which are applicable to hospitals and skilled nursing
facilities under this title.
``(b) Definition.--Such payments under this section shall be
referred to as medicare subvention funding, as that term is defined in
section 1072(6) of title 10, United States Code.''. | Military Retiree and Veteran Health Care Act of 1993 - Entitles members and former members of the armed forces and their dependents who are eligible for medical or dental care in any military facility and who are also entitled to health insurance under title XVIII (Medicare) of the Social Security Act to receive medical or dental care in any military facility. Directs the facility providing such services to recover the costs of such care from Medicare Subvention funding. Provides for the deposit of funds received by a military medical treatment or Department of Veterans Affairs facility from Medicare Subvention funding for the provision of such care. Allows a covered beneficiary of a member or former member of the armed forces who is also entitled to hospital insurance benefits under Medicare to receive care in a military treatment facility and to have the Medicare hospital insurance benefits paid to such military treatment facility for the care so provided. Provides that, in the case of health care services incurred on behalf of covered beneficiaries, collection may be made from any third party payer, including the appropriate program under Medicare or title XIX (Medicaid) of the Social Security Act. (Currently, collection from a plan administered by Medicare or Medicaid is prohibited.)
Prohibits medical or dental care from being provided to an otherwise eligible person at a military treatment facility only if the senior or commanding officer of such facility determines that such facility cannot provide the particular care required because of lack of space or facilities or because such type of care is not provided at such facility. Requires the administering Secretary to be advised immediately when a determination to deny treatment is made, with a verifiable date as to when the restriction will be removed.
Amends Medicare provisions to make Department of Defense and Department of Veterans Affairs treatment facilities eligible for Medicare payments as long as they meet requirements applicable to hospitals and skilled nursing facilities under title XVIII. | {"src": "billsum_train", "title": "Military Retiree and Veteran Health Care Act of 1993"} | 1,942 | 399 | 0.655472 | 2.231323 | 0.806624 | 3.044944 | 4.797753 | 0.893258 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coastal State Climate Change
Planning Act''.
SEC. 2. PLANNING FOR CLIMATE CHANGE IN THE COASTAL ZONE.
(a) In General.--The Coastal Zone Management Act of 1972 (16 U.S.C.
1451 et seq.) is amended by adding at the end the following:
``climate change adaptation planning
``Sec. 320. (a) In General.--The Secretary shall establish
consistent with the national policies set forth in section 303 a
coastal climate change adaptation planning and response program to--
``(1) provide assistance to coastal states to voluntarily
develop coastal climate change adaptation plans pursuant to
approved management programs approved under section 306, to
minimize contributions to climate change and to prepare for and
reduce the negative consequences that may result from climate
change in the coastal zone; and
``(2) provide financial and technical assistance and
training to enable coastal states to implement plans developed
pursuant to this section through coastal states' enforceable
policies.
``(b) Guidelines.--Within 180 days after the date of enactment of
this section, the Secretary, in consultation with the coastal states,
shall issue guidelines for the implementation of the grant program
established under subsection (c).
``(c) Climate Change Adaptation Planning Grants.--
``(1) In general.--The Secretary, subject to the
availability of appropriations, may make a grant to any coastal
state for the purpose of developing climate change adaptation
plans pursuant to guidelines issued by the Secretary under
subsection (b).
``(2) Plan content.--A plan developed with a grant under
this section shall include the following:
``(A) Identification of public facilities and
public services, working waterfronts, coastal resources
of national significance, coastal waters, energy
facilities, or other land and water uses located in the
coastal zone that are likely to be impacted by climate
change.
``(B) Adaptive management strategies for land use
to respond or adapt to changing environmental
conditions, including strategies to protect
biodiversity, protect water quality, and establish
habitat buffer zones, migration corridors, and climate
refugia.
``(C) Requirements to initiate and maintain long-
term monitoring of environmental change to assess
coastal zone adaptation and to adjust when necessary
adaptive management strategies and new planning
guidelines to attain the policies under section 303.
``(D) Other information considered necessary by the
Secretary to identify the full range of climate change
impacts affecting coastal communities.
``(3) State hazard mitigation plans.--Plans developed with
a grant under this section shall be consistent with State
hazard mitigation plans and natural disaster response and
recovery programs developed under State or Federal law.
``(4) Allocation.--Grants under this section shall be
available only to coastal states with management programs
approved by the Secretary under section 306 and shall be
allocated among such coastal states in a manner consistent with
regulations promulgated pursuant to section 306(c).
``(5) Priority.--In the awarding of grants under this
subsection the Secretary may give priority to any coastal state
that has received grant funding to develop program changes
pursuant to paragraphs (1), (2), (3), (5), (6), (7), and (8) of
section 309(a).
``(6) Technical assistance.--The Secretary may provide
technical assistance to a coastal state consistent with section
310 to ensure the timely development of plans supported by
grants awarded under this subsection.
``(7) Federal approval.--In order to be eligible for a
grant under subsection (d), a coastal state must have its plan
developed under this section approved by the Secretary.
``(d) Coastal Adaptation Project Grants.--
``(1) In general.--The Secretary, subject to the
availability of appropriations, may make grants to any coastal
state that has a climate change adaptation plan approved under
subsection (c)(7), in order to support projects that implement
strategies contained within such plans.
``(2) Program requirements.--The Secretary within 90 days
after approval of the first plan approved under subsection
(c)(7), shall publish in the Federal Register requirements
regarding applications, allocations, eligible activities, and
all terms and conditions for grants awarded under this
subsection. No less than 30 percent, and no more than 50
percent, of the funds appropriated in any fiscal year for
grants under this subsection shall be awarded through a merit-
based competitive process.
``(3) Eligible activities.--The Secretary may award grants
to coastal states to implement projects in the coastal zone to
address stress factors in order to improve coastal climate
change adaptation, including the following:
``(A) Activities to address physical disturbances
within the coastal zone, especially activities related
to public facilities and public services, tourism,
sedimentation, ocean acidification, and other factors
negatively impacting coastal waters, and fisheries-
associated habitat destruction or alteration.
``(B) Monitoring, control, or eradication of
disease organisms and invasive species.
``(C) Activities to address the loss, degradation,
or fragmentation of wildlife habitat through projects
to establish or protect marine and terrestrial habitat
buffers, wildlife refugia, other wildlife refuges, or
networks thereof, preservation of migratory wildlife
corridors and other transition zones, and restoration
of fish and wildlife habitat.
``(D) Implementation of projects to reduce,
mitigate, or otherwise address likely impacts caused by
natural hazards in the coastal zone, including sea
level rise, coastal inundation, coastal erosion and
subsidence, severe weather events such as cyclonic
storms, tsunamis and other seismic threats, and
fluctuating Great Lakes water levels.
``(E) Provide technical training and assistance to
local coastal policy makers to increase awareness of
science, management, and technology information related
to climate change and adaptation strategies.
``(4) Promotion and use of national estuarine research
reserves.--The Secretary shall promote and encourage the use of
National Estuarine Research Reserves as sites for pilot or
demonstration projects carried out with grants awarded under
this section.''.
(b) Authorization of Appropriations.--Section 318(a) of the Coastal
Zone Management Act of 1972 (16 U.S.C. 1464) is further amended by
striking ``and'' after the semicolon at the end of paragraph (1), by
striking the period at the end of paragraph (2) and inserting ``;
and'', and by adding at the end the following:
``(3) for grants under subsections (c) and (d) of section
320, such sums as are necessary.''.
(c) Intent of Congress.--Nothing in this section shall be construed
to require any coastal state to amend or modify its approved management
program pursuant to section 306(e) of the Coastal Zone Management Act
of 1972 (16 U.S.C. 1455(e)), or to extend the enforceable policies of a
coastal state beyond the coastal zone as identified in the coastal
state's approved management program. | Coastal State Climate Change Planning Act This bill amends the Coastal Zone Management Act of 1972 to direct the Department of Commerce to establish a coastal climate change adaptation planning and response program which shall assist coastal states with the voluntary development of coastal climate change adaptation plans in order to: (1) minimize contributions to climate change, and (2) prepare for and reduce the negative consequences that may result from climate change in the coastal zone. The program must also provide financial and technical assistance and training to implement the plans through enforceable state policies. Commerce may make grants to coastal states for developing the plans and supporting projects that implement strategies contained in approved plans. Commerce must promote and encourage the use of National Estuarine Research Reserves as sites for pilot or demonstration projects carried out with the grants. | {"src": "billsum_train", "title": "Coastal State Climate Change Planning Act"} | 1,519 | 156 | 0.647893 | 1.760858 | 0.759817 | 3.815789 | 9.493421 | 0.921053 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Clean Water Trust Fund Act
of 2000''.
SEC. 2. NATIONAL CLEAN WATER TRUST FUND.
Section 309 of the Federal Water Pollution Control Act (33 U.S.C.
1319) is amended by adding at the end the following:
``(h) National Clean Water Trust Fund.--
``(1) Establishment.--There is established in the Treasury
a National Clean Water Trust Fund (referred to in this
subsection as the `Fund') consisting of amounts transferred to
the Fund under paragraph (2) and amounts credited to the Fund
under paragraph (3).
``(2) Transfer of amounts.--For fiscal year 2001, and each
fiscal year thereafter, the Secretary of the Treasury shall
transfer to the Fund an amount determined by the Secretary to
be equal to the total amount deposited in the general fund of
the Treasury in the preceding fiscal year from fines,
penalties, and other funds obtained through judgments from
courts of the United States for enforcement actions conducted
under this section and section 505(a)(1), excluding any amounts
ordered to be used to carry out mitigation projects under this
section or section 505(a).
``(3) Investment of amounts.--
``(A) In general.--The Secretary of the Treasury
shall invest in interest-bearing obligations of the
United States such portion of the Fund as is not, in
the Secretary's judgment, required to meet current
withdrawals.
``(B) Administration.--The obligations shall be
acquired and sold and interest on, and the proceeds
from the sale or redemption of, the obligations shall
be credited to the Fund in accordance with section 9602
of the Internal Revenue Code of 1986.
``(4) Use of amounts for remedial projects.--
``(A) In general.--Subject to subparagraph (B),
amounts in the Fund shall be available, as provided in
appropriations Acts, to the Administrator to carry out
projects to restore and recover waters of the United
States from damage resulting from violations of this
Act that are subject to enforcement actions under this
section or from the discharge of pollutants into the
waters of the United States, including--
``(i) soil and water conservation projects;
``(ii) wetland restoration projects; and
``(iii) such other similar projects as the
Administrator determines to be appropriate.
``(B) Condition for use of funds.--Amounts in the
Fund shall be available under subparagraph (A) only for
a project conducted in the watershed, or in a watershed
adjacent to the watershed, in which a violation of this
Act described in subparagraph (A) results in the
institution of an enforcement action.
``(5) Selection of projects.--
``(A) Priority.--In selecting projects to carry out
under this subsection, the Administrator shall give
priority to a project described in paragraph (4) that
is located in the watershed, or in a watershed adjacent
to the watershed, in which there occurred a violation
under this Act for which an enforcement action was
brought that resulted in the payment of any amount into
the general fund of the Treasury.
``(B) Consultation with states.--In selecting a
project to carry out under this section, the
Administrator shall consult with the State in which the
Administrator is considering carrying out the project.
``(C) Allocation of amounts.--In determining an
amount to allocate to carry out a project to restore
and recover waters of the United States from damage
described in paragraph (4), the Administrator shall, in
the case of a priority project described in
subparagraph (A), take into account the total amount
deposited in the general fund of the Treasury as a
result of enforcement actions conducted with respect to
the violation under this section or section 505(a)(1).
``(6) Implementation.--The Administrator may carry out a
project under this subsection directly or by making grants to,
or entering into contracts with, another Federal agency, a
State agency, a political subdivision of a State, or any other
public or private entity.
``(7) Report to congress.--Not later than 1 year after the
date of the enactment of this subsection, and every 2 years
thereafter, the Administrator shall submit to Congress a report
on implementation of this subsection.''.
SEC. 3. USE OF CIVIL PENALTIES FOR MITIGATION PROJECTS.
(a) In General.--Section 309(d) of the Federal Water Pollution
Control Act (33 U.S.C. 1319(d)) is amended by inserting after the
second sentence the following: ``The court may order that a civil
penalty be used for carrying out mitigation, restoration, or other
projects that are consistent with the purposes of this Act and that
enhance public health or the environment.''.
(b) Conforming Amendment.--Section 505(a) of the Federal Water
Pollution Control Act (33 U.S.C. 1365(a)) is amended in the last
sentence by inserting before the period at the end the following: ``,
including ordering the use of a civil penalty for carrying out
mitigation, restoration, or other projects in accordance with section
309(d)''. | Authorizes the use of civil penalties obtained under such Act for mitigation or restoration projects or other projects that enhance public health or the environment. | {"src": "billsum_train", "title": "National Clean Water Trust Fund Act of 2000"} | 1,165 | 29 | 0.510999 | 1.27023 | 0.369884 | 3.269231 | 40.692308 | 0.961538 |
SECTION 1. FORT PRESQUE ISLE NATIONAL HISTORIC SITE, PENNSYLVANIA.
(a) Short Title; Findings and Purposes.--
(1) Short title.--This Act may be cited as the ``Fort
Presque Isle National Historic Site Act of 2008''.
(2) Findings.--The Congress finds the following:
(A) Fort Presque Isle was a frontier outpost
located on Garrison Hill in the area of present-day
Erie, Pennsylvania, which was the site of the American
installations built in 1795 and 1796 and in the War of
1812.
(B) General Anthony Wayne was a Revolutionary War
hero who served under General George Washington and, at
one point, was commanding general of the United States
Army. He first arrived in the area of Presque Isle in
1786.
(C) Legend has it that General Wayne was nicknamed
``Mad'' by his troops, not for being rash or foolish,
but for his leadership and bravery on and off the
battlefield.
(D) The original blockhouse of Fort Presque Isle
was built in 1795 by 200 Federal troops from General
Wayne's army, under the direction of Captain John
Grubb. It was the first blockhouse used as part of a
defensive system established to counter Native American
uprisings. It was also used during the War of 1812.
(E) General Wayne was stricken ill at Fort Presque
Isle and died there in 1796. At his request, his body
was buried under the flagpole of the northwest
blockhouse of the fort.
(F) The original blockhouse of Fort Presque Isle
burned in 1852, and the existing structure was built by
the Commonwealth of Pennsylvania in 1880 as a memorial
to General Wayne.
(G) The Pennsylvania Historical and Museum
Commission has recognized the reconstructed blockhouse
as eligible for placement on the National Register of
Historic Places.
(3) Purposes.--The purposes of this section are the
following:
(A) To provide for reconstruction of the frontier
fort at Presque Isle for the benefit, inspiration, and
education of the people of the United States.
(B) To preserve the original grave site of General
``Mad'' Anthony Wayne at Fort Presque Isle.
(C) To broaden understanding of the historical
significance of Fort Presque Isle.
(b) Definitions.--In this section:
(1) Historic site.--The term ``historic site'' means the
Fort Presque Isle National Historic Site established by
subsection (c).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(c) Establishment of Fort Presque Isle National Historic Site.--
(1) Establishment.--There is established as a unit of the
National Park System the Fort Presque Isle National Historic
Site in Erie, Pennsylvania.
(2) Description.--
(A) In general.--The historic site shall consist of
land and improvements comprising the historic location
of Fort Presque Isle, including the existing blockhouse
replica at that location, as depicted on a map entitled
``____'', numbered ____ and dated ____, comprising
approximately ____ acres.
(B) Map and boundary description.--The map referred
to in subparagraph (A) and accompanying boundary
description shall be on file and available for public
inspection in the office of the Director of the
National Park Service and any other office of the
National Park Service that the Secretary determines to
be an appropriate location for filing the map and
boundary description.
(d) Administration of the Historic Site.--
(1) In general.--The Secretary shall administer the
historic site in accordance with this section and the
provisions of law generally applicable to units of the National
Park System, including the Act of August 25, 1916 (commonly
known as the National Park Service Organic Act; 16 U.S.C. 1 et
seq.), and the Act of August 21, 1935 (commonly known as the
Historic Sites, Buildings, and Antiquities Act; 16 U.S.C. 461
et seq.).
(2) Cooperative agreements.--To further the purposes of
this section, the Secretary may enter into a cooperative
agreement with any interested individual, public or private
agency, organization, or institution.
(3) Technical and preservation assistance.--
(A) In general.--The Secretary may provide to any
eligible person described in subparagraph (B) technical
assistance for the preservation of historic structures
of, the maintenance of the cultural landscape of, and
local preservation planning for, the historic site.
(B) Eligible persons.--The eligible persons
described in this subparagraph are--
(i) an owner of real property within the
boundary of the historic site, as described in
subsection (c)(2); and
(ii) any interested individual, agency,
organization, or institution that has entered
into an agreement with the Secretary pursuant
to paragraph (2) of this subsection.
(e) Acquisition of Real Property.--The Secretary may acquire by
donation, exchange, or purchase with funds made available by donation
or appropriation, such lands or interests in lands as may be necessary
to allow for the interpretation, preservation, or restoration of the
historic site.
(f) General Management Plan.--
(1) In general.--Not later than the last day of the third
full fiscal year beginning after the date of enactment of this
Act, the Secretary shall, in consultation with the officials
described in paragraph (2), prepare a general management plan
for the historic site.
(2) Consultation.--In preparing the general management
plan, the Secretary shall consult with an appropriate official
of each appropriate political subdivision of the State of
Pennsylvania that has jurisdiction over all or a portion of the
historic site.
(3) Submission of plan to congress.--Upon the completion of
the general management plan, the Secretary shall submit a copy
of the plan to the Committee on Energy and Natural Resources of
the Senate and the Committee on Natural Resources of the House
of Representatives. | Fort Presque Isle National Historic Site Act of 2008 - Establishes the Fort Presque Isle National Historic Site in Erie, Pennsylvania, as a unit of the National Park System. Requires the Secretary of the Interior to prepare a general management plan for the Site. | {"src": "billsum_train", "title": "To establish the Fort Presque Isle National Historic Site in the Commonwealth of Pennsylvania."} | 1,308 | 60 | 0.487787 | 1.3342 | 0.364035 | 3.833333 | 25.166667 | 0.958333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Women and HIV Outreach and
Prevention Act''.
SEC. 2. PREVENTIVE HEALTH PROGRAMS REGARDING WOMEN AND HUMAN
IMMUNODEFICIENCY VIRUS.
Title XXV of the Public Health Service Act (42 U.S.C. 300ee et
seq.) is amended by adding at the end the following part:
``Part C--Programs for Women
``SEC. 2531. PREVENTIVE HEALTH SERVICES.
``(a) In General.--The Secretary may make grants for the following
purposes:
``(1) Providing to women preventive health services that
are related to acquired immune deficiency syndrome, including--
``(A) providing prevention education on the human
immunodeficiency virus (in this part referred to as
`HIV'), including counseling on all modes of
transmission between individuals, including sexual
contact, the use of IV drugs, and maternal-fetal
transmission;
``(B) making available voluntary HIV testing
services to women; and
``(C) providing effective and close linkages
between testing and care services for women.
``(2) Providing appropriate referrals regarding the
provision of other services to women who are receiving services
pursuant to paragraph (1), including, as appropriate, referrals
regarding the following: treatment for HIV infection; treatment
for substance abuse; mental health services; pregnancy and
childbirth; pediatric care; housing services; public
assistance; job training; child care; respite care;
reproductive health care; and domestic violence.
``(3) Providing follow-up services regarding such
referrals, to the extent practicable.
``(4) Improving referral arrangements for purposes of
paragraph (2).
``(5) In the case of a woman receiving services pursuant to
any of paragraphs (1) through (3), providing to the partner of
the woman the services described in such paragraphs, as
appropriate.
``(6) With respect to the services specified in paragraphs
(1) through (5)--
``(A) providing outreach services to inform women
of the availability of such services; and
``(B) providing training regarding the effective
provision of such services.
``(b) Minimum Qualifications of Grantees.--The Secretary may make a
grant under subsection (a) only if the applicant for the grant is a
grantee under section 329, section 330, or section 1001, or is another
public or nonprofit private entity that provides health or voluntary
family planning services to a significant number of low-income women in
a culturally sensitive and language-appropriate manner.
``(c) Confidentiality.--The Secretary may make a grant under
subsection (a) only if the applicant for the grant agrees to maintain
the confidentiality of information on individuals regarding screenings
pursuant to subsection (a), subject to complying with applicable law.
``(d) Application for Grant.--The Secretary may make a grant under
subsection (a) only if an application for the grant is submitted to the
Secretary and the application is in such form, is made in such manner,
and contains such agreements, assurances, and information as the
Secretary determines to be necessary to carry out such subsection.
``(e) Evaluations and Reports.--
``(1) Evaluations.--The Secretary shall, directly or
through contracts with public or private entities, provide for
evaluations of projects carried out pursuant to subsection (a).
``(2) Reports.--Not later than 1 year after the date on
which amounts are first appropriated under subsection (f), and
annually thereafter, the Secretary shall submit to the Congress
a report summarizing evaluations carried out under paragraph
(1) during the preceding fiscal year.
``(f) Authorizations of Appropriations.--
``(1) Title x clinics.--For the purpose of making grants
under subsection (a) to entities that are grantees under
section 1001, and for the purpose of otherwise carrying out
this section with respect to such grants, there are authorized
to be appropriated $30,000,000 for fiscal year 1997, and such
sums as may be necessary for each of the fiscal years 1998 and
1999.
``(2) Community and migrant health centers; other
providers.--For the purpose of making grants under subsection
(a) to entities that are grantees under section 329 or 330, and
to other entities described in subsection (b) that are not
grantees under section 1001, and for the purpose of otherwise
carrying out this section with respect to such grants, there
are authorized to be appropriated $20,000,000 for fiscal year
1997, and such sums as may be necessary for each of the fiscal
years 1998 and 1999.
``SEC. 2532. PUBLIC EDUCATION.
``(a) In General.--The Secretary may make grants for the purpose of
developing and carrying out programs to provide HIV prevention
education to women, including education on all modes of transmission
between individuals, including sexual contact, the use of IV drugs, and
maternal-fetal transmission.
``(b) Minimum Qualifications of Grantees.--The Secretary may make a
grant under subsection (a) only if the applicant involved is a public
or nonprofit private entity that is experienced in carrying out health-
related activities for women, with a priority given to such entities
that have successfully targeted women of color.
``(c) Application for Grant.--The Secretary may make a grant under
subsection (a) only if an application for the grant is submitted to the
Secretary and the application is in such form, is made in such manner,
and contains such agreements, assurances, and information as the
Secretary determines to be necessary to carry out such subsection.
``(d) Provisions Regarding Planning Councils.--In carrying out the
mission of the Community HIV Planning Process, the Secretary shall
ensure that women who represent women's interests and have expertise on
women's health, HIV positive women, and their advocates are included on
the Planning Councils, that financial resources are allocated to ensure
such representation, and that Planning Councils use qualitative data
based on women's experiences.
``(e) Evaluations and Reports.--
``(1) Evaluations.--The Secretary shall, directly or
through contracts with public or private entities, provide for
evaluations of projects carried out pursuant to subsection (a).
``(2) Reports.--Not later than 1 year after the date on
which amounts are first appropriated under subsection (e), and
annually thereafter, the Secretary shall submit to the Congress
a report summarizing evaluations carried out under paragraph
(1) during the preceding fiscal year.
``(e) Authorizations of Appropriations.--For the purpose of
carrying out this section, there are authorized to be appropriated
$30,000,000 for fiscal year 1997, and such sums as may be necessary for
each of the fiscal years 1998 and 1999.''.
SEC. 3. TREATMENT OF WOMEN FOR SUBSTANCE ABUSE.
Subpart 1 of part B of title V of the Public Health Service Act (42
U.S.C. 290bb et seq.), as amended by section 108 of Public Law 102-321
(106 Stat. 336), is amended by inserting after section 509 the
following section:
``treatment of women for substance abuse
``Sec. 509A. (a) In General.--The Director of the Center for
Substance Abuse Treatment may make awards of grants, cooperative
agreements, and contracts for the purpose of carrying out programs--
``(1) to provide treatment for substance abuse to women,
including but not limited to, women with dependent children;
``(2) to provide to women who engage in such abuse
counseling on the prevention of infection with, and the
transmission of, the etiologic agent for acquired immune
deficiency syndrome; and
``(3) to provide such counseling to women who are the
partners of individuals who engage in such abuse.
``(b) Authorization of Appropriations.--For the purpose of carrying
out subsection (a), there are authorized to be appropriated $20,000,000
for fiscal year 1997, and such sums as may be necessary for each of the
fiscal years 1998 and 1999.''.
SEC. 4. EARLY INTERVENTION SERVICES FOR WOMEN.
Section 2655 of the Public Health Service Act (42 U.S.C. 300ff-55)
is amended--
(1) by striking ``For the purpose of'' and inserting ``(a)
In General.--For the purpose of''; and
(2) by adding at the end the following subsection:
``(b) Programs for Women.--For the purpose of making grants under
section 2651 to provide to women early intervention services described
in such section, and for the purpose of providing technical assistance
under section 2654(b) with respect to such grants, there are authorized
to be appropriated $20,000,000 for fiscal year 1997, and such sums as
may be necessary for each of the fiscal years 1998 and 1999.''. | Women and HIV Outreach and Prevention Act - Amends the Public Health Service Act to authorize grants, with regard to women (and their partners) and acquired immune deficiency syndrome (AIDS), for preventive health services, referrals, follow-ups, outreach, and training on the effective provision of such services. Authorizes appropriations.
Authorizes grants to provide HIV prevention education to women. Sets forth requirements regarding the composition of Planning Councils. Authorizes appropriations.
Authorizes grants, cooperative agreements, and contracts to provide: (1) substance abuse treatment to women; (2) counseling to women who engage in substance abuse on the prevention of infection with, and the transmission of, the etiologic agent for AIDS; and (3) such counseling to women who are the partners of individuals who abuse substances. Authorizes appropriations.
Authorizes appropriations for grants under existing provisions to provide early intervention services for women and related technical assistance. | {"src": "billsum_train", "title": "Women and HIV Outreach and Prevention Act"} | 1,978 | 204 | 0.604474 | 1.67462 | 0.995252 | 2.972222 | 10.116667 | 0.861111 |
SECTION 1. FINDINGS.
The Congress finds the following:
(1) Natural catastrophic events in February 1998 created
potentially dangerous fire and insect infestation conditions in
areas of national forests and national grasslands in Texas.
(2) On March 10, 1998, the Council on Environmental Quality
waived certain requirements under the National Environmental
Policy Act of 1969 to expedite the removal of ``dead, down, and
severely root-sprung trees where mortality is expected'' in
those areas, by approving alternative arrangements for that
removal in accordance with part 1506.11 of title 40, Code of
Federal Regulations.
(3) The Council on Environmental Quality, which is the
Federal agency responsible for monitoring implementation of the
National Environmental Policy Act of 1969, should be commended
for approving those alternative arrangements, which help
prevent the wildfires and insect and disease infestations often
associated with dead and dying trees.
(4) Numerous catastrophic forest conditions similar to,
equal to, or worse than the conditions for which the Council on
Environmental Quality approved the alternative arrangements
exist on national forest and public domain lands throughout the
nation.
(5) Treatment equivalent to that provided under the
alternative arrangements is warranted and needed on other
national forest and public domain lands throughout the United
States.
SEC. 2. WAIVER OF NEPA REQUIREMENTS FOR TREATMENT OF DEAD, DOWNED, AND
SEVERELY ROOT-SPRUNG TREES.
(a) In General.--The Secretary of Agriculture may remove dead,
downed, or severely root-sprung trees in areas described in subsection
(b) in accordance with the alternative arrangements approved by the
Council on Environmental Quality for National Forests and Grasslands in
Texas, as set forth in a letter from the Chairman of the Council on
Environmental Quality to the Deputy Chief of the National Forest System
dated March 10, 1998.
(b) Areas Described.--The areas referred to in subsection (a) are
the following:
(1) Approximately 20,000 acres of blowdown forest in the
Routt National Forest, Colorado.
(2) Approximately 700 acres of blowdown forest in the Rio
Grande National Forest, Colorado.
(3) Approximately 50,000 acres of bark beetle infested
forest in the Dixie National Forest, Utah.
(4) Approximately 25,000 acres of insect and fuel-loading
conditions on National Forest System lands in the Tahoe Basin,
California.
(5) Approximately 28,000 acres of fire-damaged, dead, and
dying trees in the Malheur National Forest, Oregon.
(6) Approximately 10,000 acres of gypsy moth infestation in
the Allegheny National Forest, Pennsylvania.
(7) Approximately 5,000 acres of severely ice damaged
forests in the White Mountain National Forest, New Hampshire,
and the Green Mountain National Forest, Vermont.
(8) Approximately 10,000 acres of severe Mountain pine
beetle damaged forests in the Panhandle National Forest,
Nezperce National Forest, and Boise National Forest, Idaho.
(9) Approximately 10,000 acres of severely ice damaged
forests in the Daniel Boone National Forest, Kentucky.
(10) Approximately 15,000 acres of fire-damaged, dead, and
dying trees in the Osceola National Forest and Apalachica
National Forest, Florida.
(c) Other Forests.--
(1) Requirement to request alternative arrangements.--The
Secretary of Agriculture or the Secretary of the Interior,
respectively, shall promptly request the Council on
Environmental Quality to approve alternative arrangements under
part 1506.11 of title 40, Code of Federal Regulations,
authorizing removal of dead, downed, or severely root-sprung
trees on any national forest or public domain lands where
premature mortality is expected as a result of catastrophic
forest conditions.
(2) Consideration of requests.--Upon receipt of a request
under paragraph (1), the Council on Environmental Quality shall
promptly consider and approve or disapprove the request.
(3) Regulations.--The Chairman of the Council on
Environmental Quality shall, by not later than 180 days after
the date of the enactment of this Act, issue regulations--
(A) governing the approval of alternative
arrangements under part 1506.11 of title 40, Code of
Federal Regulations, pursuant to requests under
paragraph (1); and
(B) establishing criteria under which those
requests will be considered and approved or
disapproved. | Authorizes the Secretary of Agriculture to remove dead, downed, or severely root-sprung trees in accordance with certain alternative arrangements approved by the Council on Environmental Quality for forests and grasslands in Texas in specified National Forest areas in Colorado, Utah, California, Oregon, Pennsylvania, New Hampshire, Vermont, Idaho, Kentucky, and Florida. Authorizes the Secretary and the Secretary of the Interior, respectively, to request Council approval of alternative tree removal arrangements in cases of catastrophic forest conditions. | {"src": "billsum_train", "title": "To authorize the continued use on national forest and other public lands of the alternative arrangements that were approved by the Council on Environmental Quality for windstorm-damaged national forests and grasslands in Texas."} | 919 | 101 | 0.578219 | 1.629051 | 0.664201 | 3.172043 | 9.225806 | 0.935484 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sugar-Sweetened Beverages Tax Act of
2014'' or as the ``SWEET Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that:
(1) The prevalence of obesity in the United States has
increased dramatically over the past 30 years. From the 1960s
to the late 1970s, the prevalence was relatively constant, with
about 15 percent of the population classified as obese. After
the 1970s, these rates began to climb. According to the Centers
for Disease Control and Prevention, by 2012 more than one-third
(34.9 percent) of adults and 17 percent of youth in the United
States were obese. Although no group has escaped the epidemic,
low income people and communities of color are
disproportionately affected. In 2012, nearly half (47.8
percent) of African-American adults were obese and 42.5 percent
of Hispanic adults were obese.
(2) The percentage of children who are overweight has also
increased dramatically in recent decades. After being
relatively constant from the 1960s to the 1970s, the prevalence
of overweight children has more than tripled among children
between 6 and 11 years of age and nearly quadrupled among those
between 12 and 19 years of age. Despite significant public and
private investment, childhood obesity rates remain high.
Overall, obesity among our Nation's young people, aged 2-19
years, has not changed significantly since 2004 and remains at
about 17 percent--equaling 12.5 million children and
adolescents.
(3) There are significant racial and age disparities in
obesity prevalence among children and adolescents. In 2011-
2012, obesity prevalence was higher among Hispanics (22.4
percent) and non-Hispanic black youth (20.2 percent) than non-
Hispanic white youth (14.1 percent). The prevalence of obesity
was lower in non-Hispanic Asian youth (8.6 percent) than in
youth who were non-Hispanic white, non-Hispanic black, or
Hispanic.
(4) Overweight and obesity are responsible for an estimated
$190 billion in health care costs nationally, or approximately
5 to 10 percent of all medical spending--with over 20 percent
of these costs paid publicly through the Medicare and Medicaid
programs. The medical costs for people who are obese are
dramatically higher ($2,741 per year) than those of normal
weight.
(5) The obesity epidemic is of particular concern because
obesity increases the risk of diabetes, heart disease, certain
types of cancer, arthritis, asthma, and breathing problems.
Depending on their level of obesity, from 60 percent to over 80
percent of obese adults have type 2 diabetes, high blood
cholesterol, high blood pressure, or other related conditions.
According to the CDC, nearly 60 percent of overweight children
have at least one risk factor for heart disease.
(6) Overweight and obesity increase the risk for several
types of common cancers, including postmenopausal breast,
colorectal, endometrial, kidney, pancreatic, esophageal, and
gall bladder cancer. Up to one in four of all cancer cases and
one in three cancer deaths are due to poor nutrition, physical
inactivity, and overweight and obesity.
(7) There is overwhelming evidence of the link between the
consumption of sugar-sweetened beverages, such as non-diet soft
drinks, energy drinks, sweet teas, and sports drinks, and
obesity and diabetes. Adults who drink one sugar-sweetened
beverage or more per day are 27 percent more likely to be
overweight or obese, regardless of income or ethnicity. After
six months, daily consumption of one liter of sugar-sweetened
beverages increases fat deposits in the liver by 150 percent,
which directly contributes to both diabetes and heart disease.
(8) According to nutrition experts, sugar-sweetened
beverages, such as soft drinks, energy drinks, sweet teas, and
sport drinks, offer little or no nutritional value, but massive
quantities of added sugars. A 20-ounce bottle of soda contains
about 16 teaspoons of sugars. Yet, the American Heart
Association recommends that Americans consume no more than six
to nine teaspoons of sugar per day.
(9) The 2010 Dietary Guidelines stated that almost one-half
of the added sugars Americans consume come from sugar-sweetened
beverages, with the average American drinking nearly 45 gallons
of sugar-sweetened beverages a year, the equivalent of 39
pounds of extra sugar every year.
(10) Though sugar-sweetened beverage consumption is
declining modestly as people learn about their harmful health
effects, Americans are still consuming twice as much of these
products as they did in the 1970s. Five percent of Americans
consume at least 567 kcal from sugar drinks on any given day--
equal to more than four 12-ounce cans of soft drink. According
to the National Center for Health Statistics, one-third of
calories from added sugars (33 percent) consumed in the United
States were from beverages. In children and adolescents, 40
percent of the calories from added sugars came from beverages.
Children and adolescents consume 10 to 15 percent of their
total daily caloric intake from sugar-sweetened beverages.
(11) In a study of more than 50,000 female nurses, women
who increased their sugar-sweetened beverage consumption from
no more than one per week to at least one per day gained an
average of 10 pounds over four years. Research also shows a
significant link between sugar-sweetened beverage consumption
and weight gain in children. In a randomized double-blind
controlled trial of roughly 640 children, those who were given
one 8-ounce serving sugar-sweetened beverage a day gained more
weight and body fat over 1\1/2\ years than those who got one 8-
ounce serving of a sugar-free beverage.
(12) Sugar-sweetened beverages are a unique contributor to
excess caloric consumption. A large body of research shows that
calories from sugar-sweetened beverages do not satisfy hunger
the way calories from solid food or fat or protein-containing
beverages such as those containing milk and plant-based
proteins. As a result, sugar-sweetened beverages tend to add to
the calories people consume rather than replace calories from
other foods and beverages.
(13) Overweight children have a much greater chance of
being obese as adults, with all the health risks that entails.
(14) Type 2 diabetes, previously only seen among adults, is
now increasing among children. Data show that almost a quarter
of teens now have either diabetes or prediabetes. If the
current trends are not reversed, it is predicted that one in
three children and nearly one-half of Latino and African-
American children born in the year 2000 will develop type 2
diabetes in their lifetime.
(15) People who consume an average amount of added sugar
equivalent to one 20-ounce soda per day are 30 percent more
likely to die from a heart attack over 15 years. People who
consume the added sugar equivalent of at least 2-3 20-ounce
sodas per day are 2.75 times more likely to die from a heart
attack.
(16) Tooth decay (dental caries) is the single most common
chronic childhood disease, experienced by more than one-fourth
of United States children aged 2-5 years and half of those aged
12-15 years. About half of all children and two-thirds of
adolescents aged 12-19 years from lower-income families have
had decay. According to the American Academy of Pediatric
Dentistry, children who frequently or excessively consume
beverages high in sugar are at increased risk for dental
caries. Untreated dental caries can lead to pain, infection,
tooth loss, and in severe cases, even death. It can slow normal
growth and development by restricting nutritional intake.
Children who are missing teeth may have chewing problems that
limit their food choices and result in nutritionally inadequate
diets.
(b) Purposes.--It is the intent of the Congress, by adopting the
Sugar-Sweetened Beverages Tax Act (also known as the SWEET Act), to
diminish the human and economic costs of diabetes, obesity, dental
caries, and other diet-related health conditions. This Act is intended
to discourage excessive consumption of sugar-sweetened beverages by
increasing the price of these products and by creating a dedicated
revenue source for programs and research designed to reduce the human
and economic costs of diabetes, obesity, dental caries, and other diet-
related health conditions in priority populations.
SEC. 3. EXCISE TAX ON CERTAIN SUGAR-SWEETENED BEVERAGES.
(a) In General.--Subchapter D of chapter 32 of the Internal Revenue
Code of 1986 is amended by inserting after part I the following new
part:
``PART II--SUGAR-SWEETENED BEVERAGES
``Sec. 4171. Imposition of tax.
``Sec. 4172. Definitions.
``Sec. 4173. Special rules.
``SEC. 4171. IMPOSITION OF TAX.
``(a) In General.--There is hereby imposed a tax on the sale or
transfer of any specified sugar-sweetened beverage product by the
manufacturer, producer, or importer thereof.
``(b) Rate of Tax.--The rate of tax imposed under subsection (a)
shall be equal to one cent per 4.2 grams of caloric sweetener contained
in such specified sugar-sweetened beverage product.
``(c) Persons Liable for Tax.--The manufacturer, producer, or
importer referred to in subsection (a) shall be liable for the tax
imposed by such subsection.
``SEC. 4172. DEFINITIONS.
``(a) Specified Sugar-Sweetened Beverage Product.--For purposes of
this part--
``(1) In general.--For purposes of this part, the term
`specified sugar-sweetened beverage product' means--
``(A) any liquid intended for human consumption
which contains a caloric sweetener, and
``(B) any liquid, or solid mixture of ingredients,
which--
``(i) contains a caloric sweetener, and
``(ii) is intended for use as an ingredient
in a liquid described in subparagraph (A).
``(2) Exceptions.--The following shall not be treated as
liquids described in paragraph (1)(A):
``(A) Any liquid the primary ingredients of which
are milk or soy, rice, or similar plant-based milk
substitute.
``(B) Any liquid composed entirely of one or more
of the following:
``(i) The original liquid resulting from
the pressing of fruit or vegetables.
``(ii) The liquid resulting from the
reconstitution of fruit or vegetable juice
concentrate.
``(iii) The liquid resulting from the
restoration of water to dehydrated fruit or
vegetable juice.
``(C) Infant formula.
``(D) Any liquid products manufactured for use as--
``(i) an oral nutritional therapy for
persons who cannot absorb or metabolize dietary
nutrients from food or beverages,
``(ii) a source of necessary nutrition used
due to a medical condition, or
``(iii) an oral electrolyte solution for
infants and children formulated to prevent
dehydration due to illness.
``(E) Any liquid with respect to which tax is
imposed under chapter 51 (relating to distilled
spirits, wines, and beer) or under section 7652 by
reason of the tax imposed under chapter 51 being
imposed on like articles of domestic manufacture.
``(b) Caloric Sweetener.--For purposes of this part, the term
`caloric sweetener' means monosaccharides, disaccharides, and high-
fructose corn syrup.
``SEC. 4173. SPECIAL RULES.
``(a) Sweetener Taxed Only Once.--In the case of any specified
sugar-sweetened beverage product which is manufactured or produced by
including one or more other specified sugar-sweetened beverage
products, no tax shall be imposed under this section on any caloric
sweetener contained in the resulting specified sugar-sweetened beverage
product if tax was previously imposed under this section on such
caloric sweetener when contained in the specified sugar-sweetened
beverage product so included.
``(b) Inflation Adjustment.--In the case of any sale after December
31, 2015, the one cent amount in section 4171(b) shall be increased by
an amount equal to--
``(1) such amount, multiplied by
``(2) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which such sale
occurs, determined by substituting `calendar year 2014' for
`calendar year 1992' in subparagraph (B) thereof.
Any increase determined under this subsection shall be rounded to the
nearest multiple of one-tenth of a cent.''.
(b) Conforming Amendments.--
(1) Section 4221(a) is amended by adding at the end the
following: ``Paragraphs (1), (4), (5), and (6) shall not apply
to the tax imposed under section 4171.''.
(2) The table of parts for subchapter D of chapter 32 of
such Code is amended by inserting after the item relating to
part I the following new item:
``Part II--Sugar-Sweetened Beverages''.
(c) Revenues Used for Prevention, Treatment, and Research of Diet-
Related Health Conditions in Priority Populations.--
(1) Transfer to prevention and public health fund.--There
are hereby appropriated to the Prevention and Public Health
Fund created under section 4002 of the Patient Protection and
Affordable Care Act (in addition to any other amounts
appropriated to such Fund) amounts equivalent to taxes received
in the Treasury under part II of subchapter D of chapter 32.
Rules similar to the rules of section 9601 of the Internal
Revenue Code of 1986 shall apply with respect to amounts
appropriated under this paragraph.
(2) Restriction on use of funds.--Notwithstanding
subsections (c) and (d) of section 4002 of the Patient
Protection and Affordable Care Act, amounts appropriated to the
Prevention and Public Health Fund under paragraph (1) may be
transferred to accounts in the Department of Health and Human
Services only for the purpose of making expenditures for
programs and research designed to reduce the human and economic
costs of diabetes, obesity, dental caries, and other diet-
related health conditions in priority populations (within the
meaning of section 901(c) of the Public Health Service Act).
(d) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall take effect on the date
of the enactment of this Act.
(2) Excise tax.--The amendments made by subsections (a) and
(b) shall apply to sales after the date of the enactment of
this Act. | Sugar-Sweetened Beverages Tax Act of 2014 or the SWEET Act - Amends the Internal Revenue Code to impose an excise tax on the sale or transfer of any specified sugar-sweetened beverage product by the manufacturer, producer, or importer thereof. Establishes the rate of such tax as 1cent per 4.2 grams of caloric sweetener contained in such product. Transfers revenues from such tax to the Prevention and Public Health Fund for the sole purpose of funding programs and research to reduce the human and economic costs of diabetes, obesity, dental caries, and other diet-related health conditions in priority populations. | {"src": "billsum_train", "title": "SWEET Act"} | 3,261 | 138 | 0.340115 | 0.999057 | 0.549068 | 5.330357 | 27.044643 | 0.9375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Revolutionary War and War of 1812
Battlefield Protection Act of 2003''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The battlefields of the American Revolutionary War and
the War of 1812 provide a unique means for the people of the
United States to relate to these epic struggles in the history
of the United States and to understand their importance in the
establishment and early development of the United States.
(2) Urbanization, suburban sprawl, and unplanned commercial
and residential development are constantly encroaching on many
of the nationally significant battlefields of the American
Revolutionary War and the War of 1812, as well as on associated
sites, and this encroachment poses a severe and growing risk to
the preservation of such battlefields and related sites.
(3) According to the Revolutionary War and War of 1812
Historical Preservation Study, prepared by the National Park
Service, and dated September 2003, of the 825 principal
nationally significant battlefields and associated sites of the
American Revolutionary War and the War of 1812--
(A) thirteen percent are lost;
(B) thirty percent are fragmented or in poor
condition; or
(C) twenty-seven percent may be destroyed or
impaired within the next ten years, and nine percent of
this percentage figure are in imminent danger of damage
occurring within the next three years.
SEC. 3. BATTLEFIELD ACQUISITION GRANT PROGRAM FOR BATTLEFIELDS OF THE
REVOLUTIONARY WAR AND WAR OF 1812.
(a) Grant Program.--The American Battlefield Protection Act of 1996
(16 U.S.C. 469k) is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection:
``(e) Battlefield Acquisition Grant Program for Battlefields of the
Revolutionary War and War of 1812.--
``(1) Definitions.--In this subsection:
``(A) Battlefield report.--The term `battlefield
report' means the document entitled `Revolutionary War
and War of 1812 Historic Preservation Study', prepared
by the National Park Service, and dated September 2003.
``(B) Eligible entity.--The term `eligible entity'
means a State or local government.
``(C) Eligible site.--The term `eligible site'
means a site that--
``(i) is not within the exterior boundaries
of a unit of the National Park System; and
``(ii) is identified in the battlefield
report.
``(D) Secretary.--The term `Secretary' means the
Secretary of the Interior, acting through the American
Battlefield Protection Program.
``(2) Establishment.--The Secretary shall establish a
battlefield acquisition grant program for nationally
significant battlefields and associated sites of the
Revolutionary War and the War of 1812 under which the Secretary
may make grants to eligible entities to pay the Federal share
of the cost of acquiring fee-simple or lesser interests from
willing sellers in eligible sites for the preservation and
protection of those eligible sites.
``(3) Nonprofit partners.--An eligible entity may acquire
an interest in an eligible site using a grant under this
subsection in partnership with a nonprofit organization.
``(4) Non-federal share.--The non-Federal share of the
total cost of acquiring an interest in an eligible site under
this subsection shall be not less than 50 percent.
``(5) Limitations on land use.--An interest in an eligible
site acquired under this subsection shall be subject to section
6(f)(3) of the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 4601-8(f)(3)).
``(6) Reports.--
``(A) In general.--Not later than 5 years after the
date of the enactment of this subsection, the Secretary
shall submit to Congress a report on the activities
carried out under this subsection.
``(B) Update on battlefield report.--Not later than
3 years after the date of the enactment of this
subsection, the Secretary shall submit to Congress a
report that updates the battlefield report to reflect--
``(i) preservation activities carried out
at the 871 battlefields and associated sites
identified in the battlefield report during the
period between publication of the battlefield
report and the update;
``(ii) changes in the condition of the
battlefields and associated sites during that
period; and
``(iii) any other relevant developments
relating to the battlefields and associated
sites during that period.
``(7) Authorizations of appropriations.--
``(A) In general.--There are authorized to be
appropriated to the Secretary from the Land and Water
Conservation Fund to provide grants under this
subsection $10,000,000 for each of fiscal years 2004
through 2008.
``(B) Update of battlefield report.--There are
authorized to be appropriated to the Secretary to carry
out paragraph (6)(B), $500,000.''.
(b) Conforming Amendments.--Such Act is further amended--
(1) in subsection (d)--
(A) by striking ``Battlefield Acquisition Grant
Program'' and inserting ``Battlefield Acquisition Grant
Program for Battlefields of the Civil War''; and
(B) in paragraph (2), by striking ``grant program''
and inserting ``grant program for battlefields of the
Civil War''; and
(2) in subsection (f) (as redesignated by subsection
(a)(1))--
(A) by striking ``Repeal'' and inserting
``Expiration''; and
(B) in paragraph (1) by striking ``is repealed''
and inserting ``expires on''. | Revolutionary War and War of 1812 Battlefield Protection Act of 2003 - Amends the American Battlefield Protection Act of 1996 to direct the Secretary of the Interior, acting through the American Battlefield Protection Program, to establish an acquisition grant program for battlefields and associated sites identified in the Revolutionary War and War of 1812 Historic Preservation Study (battlefield report).
Authorizes the Secretary to provide grants to States or local governments (eligible entities) to pay the Federal share of the cost of acquiring such sites. Permits eligible entities to acquire an interest in eligible sites using such grants in partnership with nonprofit organizations.
Requires the non-Federal share of the cost of acquisition of eligible sites to be not less than 50 percent of the total.
Subjects acquired property to the Land and Water Conservation Fund Act's prohibition against conversion to other than public outdoor recreation uses without the Secretary's approval.
Requires the Secretary to submit to Congress a report on activities carried out under this Act and updates to the battlefield report. | {"src": "billsum_train", "title": "To amend the American Battlefield Protection Act of 1996 to establish a battlefield acquisition grant program for the acquisition and protection of nationally significant battlefields and associated sites of the Revolutionary War and the War of 1812, and for other purposes."} | 1,289 | 221 | 0.58952 | 1.600144 | 0.829948 | 3.13089 | 6.031414 | 0.890052 |
SECTION 1. ZERO PERCENT CAPITAL GAINS RATE FOR INDIVIDUALS AND
CORPORATIONS.
(a) Zero Percent Capital Gains Rate for Individuals.--
(1) In general.--Paragraph (1) of section 1(h) of the
Internal Revenue Code of 1986 is amended by striking
subparagraph (C), by redesignating subparagraphs (D) and (E)
and subparagraphs (C) and (D), respectively, and by amending
subparagraph (B) to read as follows:
``(B) 0 percent of the adjusted net capital gain
(or, if less, taxable income);''.
(2) Alternative minimum tax.--Paragraph (3) of section
55(b) is amended by striking subparagraph (C), by redesignating
subparagraph (D) as subparagraph (C), and by amending
subparagraph (B) to read as follows:
``(B) 0 percent of the adjusted net capital gain
(or, if less, taxable excess), plus''.
(3) Repeal of sunset of reduction in capital gains rates
for individuals.--Section 303 of the Jobs and Growth Tax Relief
Reconciliation Act of 2003 shall not apply to section 301 of
such Act.
(b) Zero Percent Capital Gains Rate for Corporations.--
(1) In general.--Section 1201 of the Internal Revenue Code
of 1986 is amended by redesignating subsection (b) as
subsection (c), and by striking subsection (a) and inserting
the following new subsections:
``(a) General Rule.--If for any taxable year a corporation has a
net capital gain, then, in lieu of the tax imposed by sections 11, 511,
821(a) or (c), and 831(a), there is hereby imposed a tax (if such tax
is less than the tax imposed by such sections) which shall consist of
the sum of--
``(1) a tax computed on the taxable income reduced by the
amount of the net capital gain, at the rates and in the manner
as if this subsection had not been enacted,
``(2) 0 percent of the adjusted net capital gain (or, if
less, taxable income),
``(3) 25 percent of the excess (if any) of--
``(A) the unrecaptured section 1250 gain (or, if
less, the net capital gain (determined without regard
to subsection (b)(2))), over
``(B) the excess (if any) of--
``(i) the sum of the amount on which tax is
determined under paragraph (1) plus the net
capital gain, over
``(ii) taxable income, plus
``(4) 28 percent of the amount of taxable income in excess
of the sum of the amounts on which tax is determined under the
preceding paragraphs of this subsection.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) In general.--The terms `adjusted net capital gain'
and `unrecaptured section 1250 gain' shall have the respective
meanings given such terms in section 1(h).
``(2) Dividends taxed at net capital gain.--Except as
otherwise provided in this section, the term `net capital gain'
has the meaning given such term in section 1(h)(11).''.
(2) Alternative minimum tax.--Section 55(b) of such Code is
amended by adding at the end the following new paragraph:
``(4) Maximum rate of tax on net capital gain of
corporations.--The amount determined under paragraph (1)(B)(i)
shall not exceed the sum of--
``(A) the amount determined under such paragraph
computed at the rates and in the same manner as if this
paragraph had not been enacted on the taxable excess
reduced by the net capital gain, plus
``(B) the amount determined under section 1201.''.
(3) Technical amendments.--
(A) Section 1445(e)(1) of such Code is amended by
striking ``35 percent (or, to the extent provided in
regulations, 15 percent)'' and inserting ``0 percent''.
(B) Section 1445(e)(2) of such Code is amended by
striking ``35 percent'' and inserting ``0 percent''.
(C) Section 7518(g)(6)(A) of such Code is amended
by striking ``15 percent (34 percent in the case of a
corporation)'' and inserting ``0 percent''.
(D) Section 607(h)(6)(A) of the Merchant Marine
Act, 1936 is amended by striking ``15 percent (34
percent in the case of a corporation)'' and inserting
``0 percent''.
(c) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
ending after the date of the enactment of this Act.
(2) Withholding.--The amendments made by subparagraphs (A)
and (B) of subsection (b)(3) shall take apply to dispositions
and distributions after the date of the enactment of this Act. | Amends the Internal Revenue Code to establish, on a permanent basis, a zero percent tax rate for the net capital gains of individuals and corporations for purposes of the regular and alternative minimum tax. Eliminates the terminating date in the Jobs and Growth Tax Relief Reconciliation Act of 2003 (i.e., December 31, 2008) for provisions that reduce the capital gains tax rate for individuals. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide a permanent zero percent capital gains rate for individuals and corporations."} | 1,169 | 83 | 0.520874 | 1.146936 | 0.933733 | 1.777778 | 14.277778 | 0.805556 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Honoring the Choctaw and Commanche
Code Talkers Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) on April 6, 1917, the United States, after
extraordinary provocations, declared war on Germany and began
what is known as the First World War;
(2) at that time, Indian people in the United States,
including members of the Choctaw Nation, were not accorded
citizenship;
(3) without regard to this lack of citizenship, many
members of the Choctaw Nation of Oklahoma and other Indian
tribes and Nations enlisted in the armed forces to fight on
behalf of the United States;
(4) members of the Choctaw Nation enlisted in the force
known as the American Expeditionary Force, which began hostile
actions in France in the fall of 1917;
(5) members of the Choctaw Nation were incorporated in a
company of Indian enlistees serving in the 142nd Infantry
Company of the 36th Division;
(6) because of the proximity and static nature of the
battle lines in World War I, a method of communication that
could be used without the knowledge of the enemy was necessary;
(7) a commander of the United States realized that he had
under his command a number of soldiers who spoke a Native
language;
(8) while the use of Native languages was discouraged by
the military of the United States, the commander sought out and
recruited 18 Choctaw Indians to assist in the transmission of
field telephone communications during an upcoming campaign;
(9) because the language used by the Choctaw soldiers in
the transmission of information was not based on a European
language or mathematical progression, the Germans were unable
to understand any of the transmissions;
(10) the Choctaw soldiers were placed in different command
positions, to achieve the widest possible area for
communications;
(11) the use of the Choctaw code talkers was particularly
important in the movement of military personnel of the United
States in October 1918 (including securing forward and exposed
positions), in--
(A) the protection of supplies during action
(including protecting gun emplacements from enemy
shelling); and
(B) in the preparation for the assault on German
positions in the final stages of combat operations in
the fall of 1918;
(12) in the opinion of the officers involved, the use of
the Choctaw Indians to transmit information in their Native
language saved men and munitions, and was highly successful;
(13) based on that successful experience, Choctaw Indians
were withdrawn from front line units to be trained in the
transmission of codes so as to be more widely used when World
War I ended;
(14) the Germans never succeeded in breaking the Choctaw
code;
(15) use of the Choctaw code talkers was the first instance
in modern warfare in which the transmission of messages in a
Native American language was used for the purpose of confusing
the enemy;
(16) on December 7, 1941, the Japanese Empire attacked
Pearl Harbor, prompting Congress to declare war on the Japanese
the following day;
(17) the military code had been developed by the United
States for transmitting messages, but that code had been
deciphered by the Japanese;
(18) a search by intelligence officials of the United
States was carried out to develop new means to counter the
enemy;
(19) as occurred during World War I, the Federal Government
called on an Indian tribe, in this instance, the Comanche
Nation, to support the military effort;
(20) the United States Army sent 14 Commanche Indians
overseas to serve as members of the 4th Signal Company of the
4th Infantry Division;
(21) the Comanche code talkers passed messages over
telephones and radios in their native tongue so as to prevent
the enemy from intercepting and deciphering the messages;
(22) because no written Comanche language existed, and
because there were no Comanche words for many military terms, a
military code had to be devised and written;
(23) by using the Comanche language, Comanche code talkers
were able to--
(A) provide secure communications;
(B) protect tactical movements; and
(C) ensure that troops would not be in danger from
an enemy eavesdropping on signal transmissions;
(24) several of the 14 Comanche code talkers coded messages
sent from the battlefields in Europe back to division
headquarters, where the remainder of the Commanche code talkers
decoded the messages;
(25) the work of the Comanche code talkers thwarted enemy
efforts to steal communications of the United States;
(26) the efforts of the Comanche code talkers were
especially important during and after the Allied landings at
Normandy in June 1944;
(27) the Comanche code talkers contributed greatly to the
Allied war effort in Europe and were instrumental in winning
the war in Europe;
(28) the efforts of the Comanche code talkers saved
countless lives;
(29) only 1 of the Comanche code talkers remains alive as
of the date of enactment of this Act; and
(30) the actions of the Choctaw and Comanche members of the
military of the United States during World War I and World War
II--
(A) are evidence of the commitment of members of
Indian tribes of the United States to the defense of
the United States; and
(B) add to the proud legacy of service by those
members in the military of the United States.
SEC. 3. CONGRESSIONAL GOLD MEDAL.
(a) Authorization of Award.--
(1) In general.--The President may award, on behalf of
Congress, to each of the Choctaw and Comanche code talkers
listed in paragraph (2) (or to a surviving family member of
each of those Choctaw and Comanche code talkers), a gold medal
of appropriate design to honor, and express recognition by the
United States of, the Choctaw and Comanche code talkers who
distinguished themselves in performing a unique, highly
successful communications operation that assisted in saving
countless lives during World War I and World War II.
(2) Code talkers.--The code talkers referred to in
paragraph (1) are--
(A) of the Choctaw Nation--
(i) Albert Billy;
(ii) Victor Brown;
(iii) Mitchell Bobb;
(iv) Ben Carterby;
(v) George Davenport;
(vi) Joe Davenport;
(vii) James Edwards;
(viii) Tobias Frazier;
(ix) Ben Hampton;
(x) Noel Johnson;
(xi) Otis Leader;
(xii) Soloman Louis;
(xiii) Pete Maytubby;
(xiv) Jeff Nelson;
(xv) Joseph Oklahombi;
(xvi) Robert Taylor;
(xvii) Walter Veach and
(xviii) Calvin Wilson; and
(B) of the Comanche tribe--
(i) Charles Chibitty;
(ii) Haddon Codynah;
(iii) Robert Holder;
(iv) Forrest Kassanavoid;
(v) Wellington Mihecoby;
(vi) Albert Nahquaddy, Jr.;
(vii) Clifford Ototivo;
(viii) Simmons Parker;
(ix) Melvin Permansu;
(x) Elgin Red Elk;
(xi) Roderick Red Elk;
(xii) Larry Saupitty;
(xiii) Morris Tabbyetchy; and
(xiv) Willis Yackeshi.
(b) Design and Striking.--
(1) In general.--The Secretary of the Treasury (referred to
in this Act as the ``Secretary'') shall strike a gold medal to
be awarded under subsection (a) having such suitable emblems,
devices, and inscriptions as may be determined by the
Secretary.
(2) Duplicate medals.--The Secretary may strike and sell
duplicates in bronze of the medal struck under paragraph (1)--
(A) in accordance with such regulations as the
Secretary may prescribe; and
(B) at a price sufficient to cover the costs of
duplicating the medal (including the costs of labor,
materials, dies, use of machinery, and overhead
expenses, and the actual cost of the medals).
SEC. 4. STATUS AS NATIONAL MEDALS.
A medal struck in accordance with this Act shall be considered to
be a national medal for purposes of chapter 51, of title 31, United
States Code.
SEC. 5. FUNDING.
(a) Authorization of Appropriations.--There is authorized to be
appropriated from the United States Mint Public Enterprise Fund such
sums as are necessary to pay the costs of striking and awarding medals
in accordance with section 3.
(b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals under this section 3(b)(2) shall be deposited in the
United States Mint Public Enterprise Fund. | Honoring the Choctaw and Commanche Code Talkers Act - Authorizes the President to award a gold medal on behalf of Congress to the Choctaw and Commanche code talkers in recognition of their contributions in performing a communications operation that assisted in saving countless lives during World War I and World War II. | {"src": "billsum_train", "title": "A bill to authorize the President to award a gold medal on behalf of Congress to the Choctaw and Comanche code talkers in recognition of the contributions provided by those individuals to the United States."} | 1,993 | 75 | 0.504967 | 1.460985 | 0.745093 | 4.716981 | 33.90566 | 0.943396 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Prison Industries
Competition in Contracting Corrections Act of 1996''.
SEC. 2. PURCHASE OF PRISON-MADE PRODUCTS BY FEDERAL AGENCIES.
Section 4124 of title 18, United States Code, is amended to read as
follows:
``Sec. 4124. Purchase of prison-made products by Federal departments
and agencies
``(a) Purchase of Prison-Made Products.--Each Federal department
and agency shall offer to purchase prison-made products in accordance
with this section.
``(b) Requirements for Prison-Made Products.--(1) When a
procurement activity of a Federal department or agency has a
requirement for a specific product that is authorized to be offered for
sale by Federal Prison Industries (in accordance with section 4122 of
this title) and is listed in the catalog referred to in subsection (f),
the procurement activity shall solicit an offer from Federal Prison
Industries.
``(2) A contract award for such product shall be made using
competitive procedures in accordance with the specifications and
evaluation factors specified in the solicitation.
``(3) A contract award for such product may be made to Federal
Prison Industries if the contracting officer for the procurement
activity determines that--
``(A) the prison-made product to be furnished will meet the
requirements of the procurement activity (including any
applicable prequalification requirements and all specified
commercial or governmental standards pertaining to quality,
testing, safety, serviceability, and warranties);
``(B) timely performance of the contract can be reasonably
expected; and
``(C) the contract price does not exceed a current market
price as established by the competition.
``(c) Performance by Federal Prison Industries.--Federal Prison
Industries shall be required to perform its contractual obligations
under a contract awarded by a Federal department or agency to the same
extent as any other contractor under such a contract.
``(d) Finality of Contracting Officer's Decision.--(1) A decision
by a contracting officer regarding the award of a contract to Federal
Prison Industries or relating to the performance of such contract shall
be final, unless reversed on appeal pursuant to paragraph (2) or (3).
``(2) The Director of Federal Prison Industries may appeal to the
head of a Federal department or agency a decision by a contracting
officer not to award a contract to Federal Prison Industries pursuant
to subsection (b)(3). The decision of the head of a Federal department
or agency on appeal shall be final.
``(3) A dispute between Federal Prison Industries and a procurement
activity regarding performance of a contract shall be subject to a
final resolution by the board of contract appeals having jurisdiction
over the procurement activity's contract performance disputes pursuant
to the Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.).
``(e) Reporting of Purchases.--Each Federal department or agency
shall report purchases from Federal Prison Industries to the Federal
Procurement Data System (as referred to in section 6(d)(4) of the
Office of Federal Procurement Policy Act (41 U.S.C. 405(d)(4))) in the
same manner as it reports to such System any acquisition in an amount
in excess of the simplified acquisition threshold (as defined by
section 4(11) of the Office of Federal Procurement Policy Act (41
U.S.C. 403(11))).
``(f) Catalog of Products.--Federal Prison Industries shall publish
and maintain a catalog of all specific products and services that it is
authorized to offer for sale. Such catalog shall be periodically
revised as products and services are added or deleted by its Board of
Directors (in accordance with section 4122(b) of this title).''.
SEC. 3. DEFINITIONS.
Chapter 307 of title 18, United States Code, is amended by adding
at the end thereof the following new section:
``Sec. 4130. Definitions
``As used in the chapter:
``(1) The term `reasonable share of the market' means a
share of the total purchases by the Federal departments and
agencies, as reported to the Federal Procurement Data System
for any specific product during the 3 preceding fiscal years,
that does not exceed 20 percent of the Federal market for the
specific product.
``(2) The term `specific product' means a product that is
designed and manufactured to meet requirements distinct in
function and predominant material of manufacture from another
product, as described by--
``(A) the 7-digit classification for the product in
the Standard Industrial Classification (SIC) Code
published by the Office of Management and Budget (or if
there is no 7-digit code classification for a product,
the 5-digit code classification); and
``(B) the 13-digit National Stock Number assigned
to such product under the Federal Stock Classification
System (including group, part number, and section), as
determined by the General Services Administration.''.
SEC. 4. IMPLEMENTATION IN THE FEDERAL ACQUISITION REGULATION.
(a) Proposed Revisions.--Proposed revisions to the government-wide
Federal Acquisition Regulation to implement the amendments made by this
Act shall be published not later than 60 days after the date of the
enactment of this Act and provide not less than 60 days for public
comment.
(b) Final Regulations.--Final regulations shall be published not
later than 180 days after the date of the enactment of this Act and
shall be effective on the date that is 30 days after the date of
publication.
(c) Public Participation.--The proposed regulations required by
subsection (a) and the final regulations required by subsection (b)
shall afford an opportunity for public participation in accordance with
section 22 of the Office of Federal Procurement Policy Act (41 U.S.C.
418b).
SEC. 5. RULE OF CONSTRUCTION.
Subsection (d) of section 4124 of title 18, United States Code, as
amended by section 2, is not intended to alter any rights of any
offeror other than Federal Prison Industries to file a bid protest in
accordance with other law or regulation in effect on the date of the
enactment of this Act.
SEC. 6. EFFECTIVE DATE AND APPLICABILITY.
(a) Effective Date.--Except as provided in subsection (b), this Act
and the amendments made by this Act shall take effect on the date of
enactment of this Act.
(b) Applicability.--Section 4124 of title 18, United States Code,
as amended by section 2, shall apply to any requirement for a product
offered by Federal Prison Industries needed by a Federal department or
agency after the effective date of the final regulations issued
pursuant to section 3(b), or after March 31, 1997, whichever is
earlier. | Federal Prison Industries Competition in Contracting Corrections Act of 1996 - Modifies Federal criminal code provisions regarding the purchase of prison-made products by Federal departments to require each Federal department and agency to offer to purchase prison-made products in accordance with this Act.
Specifies that: (1) when a procurement activity of a Federal department or agency has a requirement for a specific product that is authorized to be offered for sale by Federal Prison Industries (FPI) and is listed in the FPI catalog of products, the procurement activity shall solicit an offer from FPI; and (2) a contract award shall be made using competitive procedures in accordance with the specifications and evaluation factors specified in the solicitation, and may be made to FPI if the contracting officer for the procurement activity determines that the prison-made product to be furnished will meet the requirements of the procurement activity, timely performance of the contract can be reasonably expected, and the contract price does not exceed a current market price as established by the competition.
Establishes provisions regarding: (1) contract performance by FPI; (2) finality of the contracting officer's decision; (3) reporting of purchases by Federal departments or agencies from FPI to the Federal Procurement Data System; and (4) publication and maintenance by FPI of a catalog of products and services that it is authorized to offer for sale.
Sets forth provisions regarding proposed revisions to the Government-wide Federal Acquisition Regulation, publication of final regulations, and public participation in the process. | {"src": "billsum_train", "title": "Federal Prison Industries Competition in Contracting Corrections Act of 1996"} | 1,521 | 312 | 0.782409 | 2.503371 | 0.846065 | 5.041096 | 4.739726 | 0.924658 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Debt Relief Enhancement Act of
2002''.
SEC. 2. MODIFICATION OF ENHANCED HIPC INITIATIVE.
(a) In General.--The Secretary of the Treasury shall immediately
commence efforts within the Paris Club of Official Creditors, the
International Bank for Reconstruction and Development, the
International Monetary Fund, and other appropriate multilateral
development institutions to modify the Enhanced HIPC Initiative so that
the amount of debt stock reduction approved for a country eligible for
debt relief under the Enhanced HIPC Initiative shall be sufficient to
reduce, for at least each year through 2005, or each of the first 3
years after the Decision Point--
(1) the net present value of the outstanding public and
publicly guaranteed debt of the country to not more than 150
percent of the annual value of exports of the country for the
year preceding the Decision Point; and
(2) the annual payments due on such public and publicly
guaranteed debt--
(A) to not more than 10 percent of the amount of
the annual current revenues received by the country
from internal sources; or
(B) in the case of a country suffering a severe
public health crisis, to not more than 5 percent of the
amount of the annual current revenues received by the
country from internal sources.
(b) Definitions.--In this section:
(1) Enhanced hipc initiative.--The term ``Enhanced HIPC
Initiative'' means the multilateral debt initiative for heavily
indebted poor countries presented in the Report of G-7 Finance
Ministers on the Cologne Debt Initiative to the Cologne
Economic Summit, Cologne, 18-20 June, 1999.
(2) Decision point.--The term ``Decision Point'' means,
with respect to a country, the point in time at which the
Executive Boards of the International Bank for Reconstruction
and Development and the International Monetary Fund review the
debt sustainability analysis for the country and decide that
the country is eligible for debt relief under the Enhanced HIPC
Initiative.
(3) Public health crisis.--A country is deemed to be
suffering a ``public health crisis'' if--
(A) the nationwide HIV/AIDS infection rate for the
country, as reported in the most recent epidemiological
data as compiled by the Joint United Nations Program on
HIV/AIDS, is at least 5 percent among women attending prenatal clinics,
or 20 percent or more among individuals in groups with high-risk
behavior; or
(B) the country is suffering a health crisis or
epidemic, as defined by the World Health Organization.
SEC. 3. REPORT ON EXPANSION OF DEBT RELIEF TO NON-HIPC COUNTRIES.
(a) In General.--Within 90 days after the date of the enactment of
this Act, the Secretary of the Treasury shall submit to the Congress a
report on--
(1) the options and costs associated with expanding debt
relief to include poor countries who were not eligible for
inclusion in the Enhanced HIPC Initiative (as defined in
section 2(b)(1));
(2) options for burden-sharing among donor countries and
multilateral institutions of costs associated with expanding
debt relief; and
(3) options, in addition to the Enhanced HIPC Initiative
(as so defined), to ensure debt sustainability in poor
countries, particularly in cases when the poor country has
suffered an external economic shock or a natural disaster.
(b) Specific Options To Be Considered.--Among the options for
expansion of debt relief, consideration should be given to making
eligible for the relief poor countries for which outstanding public and
publicly guaranteed debt requires annual payments in excess of 10
percent of the amount of the annual current revenues received by the
countries from internal sources.
SEC. 4. DEBT RELIEF FOR THE POOREST COUNTRIES.
(a) Authority To Reduce Debt.--The President may reduce amounts
owed to the United States (or any agency of the United States) by an
eligible country as a result of--
(1) guarantees issued under sections 221 and 222 of the
Foreign Assistance Act of 1961;
(2) credits extended or guarantees issued under the Arms
Export Control Act; or
(3) any obligation or portion of such obligation, to pay
for purchases of United States agricultural commodities
guaranteed by the Commodity Credit Corporation under export
credit guarantee programs authorized pursuant to section 5(f)
of the Commodity Credit Corporation Charter Act of June 29,
1948, section 4(b) of the Food for Peace Act of 1966, or
section 202 of the Agricultural Trade Act of 1978.
(b) Limitations.--(1) The authority provided by subsection (a) may
be exercised only to implement multilateral official debt relief and
referendum agreements, commonly referred to as ``Paris Club Agreed
Minutes''.
(2) The authority provided by subsection (a) may be exercised only
in such amounts or to such extent as is provided in advance by
appropriations Acts.
(3) The authority provided by subsection (a) may be exercised only
with respect to countries with heavy debt burdens that are eligible to
borrow from the International Development Association, but not from the
International Bank for Reconstruction and Development, commonly
referred to as ``IDA-only'' countries.
(c) Conditions.--The authority provided by subsection (a) may be
exercised only with respect to a country whose government--
(1) does not have an excessive level of military
expenditures;
(2) has not repeatedly provided support for acts of
international terrorism and is not failing to cooperate with
the United States on efforts to combat international terrorism;
(3) is not failing to cooperate on international narcotics
control matters;
(4) (including its military or other security forces) does
not engage in a consistent pattern of gross violations of
internationally recognized human rights;
(5) is not ineligible for assistance because of the
application of section 527 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995; and
(6) has not been designated, in the most recent Department
of State `Trafficking in Persons Report', as a `Tier 3' nation
pursuant to the Victims of Trafficking and Violence Protection
Act of 2000 (Public Law 106-386) for its failure to cooperate
on international trafficking in persons prevention efforts.
(d) Additional Requirements Relating to Actions To Prevent HIV/AIDS
and Poverty.--In addition to the requirements of subsection (c), the
authority provided by subsection (a) may be exercised only with respect
to an eligible country if the country has agreed that--
(1) the financial benefits of debt reduction will be
applied to programs to combat HIV/AIDS and poverty, in
particular through concrete measures to improve basic services
in health, education, nutrition, and other development
priorities, and to redress environmental degradation;
(2) the financial benefits of debt reduction are in
addition to the total spending of the country's government on
poverty reduction for the previous year, or the average total
of such expenditures for the previous 3 years, whichever is
greater;
(3) the eligible country will implement transparent and
participatory policy making and budget procedures, good
governance, and effective anti-corruption measures; and
(4) the eligible country will broaden public participation
and popular understanding of the principles and goals of
poverty reduction.
(e) Availability of Funds.--The authority provided by subsection
(a) may be used only with regard to funds appropriated by an Act making
appropriations for foreign operations, export financing, and related
programs under the heading ``Debt Restructuring''.
(f) Certain Prohibitions Inapplicable.--A reduction of debt
pursuant to subsection (a) shall not be considered assistance for
purposes of any provision of law limiting assistance to a country. The
authority provided by subsection (a) may be exercised notwithstanding
section 620(r) of the Foreign Assistance Act of 1961 or section 321 of
the International Development and Food Assistance Act of 1975.
SEC. 5. MODIFICATION OF DETERMINATION OF COUNTRIES SUPPORTING TERRORISM
UNDER CERTAIN INTERNATIONAL AFFAIRS LAWS.
(a) Foreign Assistance Act of 1961.--
(1) General prohibition on assistance.--Section 620A(a) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)) is
amended by inserting after ``international terrorism'' the
following: ``or has failed to cooperate with the United States
on efforts to combat international terrorism''.
(2) Enterprise for the americas initiative.--Section
703(a)(2) of such Act (22 U.S.C. 2430b(a)(2)) is amended by
inserting after ``international terrorism'' the following:
``and has cooperated with the United States on efforts to
combat international terrorism''.
(b) Arms Export Control Act.--
(1) General prohibition on transactions.--Section 40(d) of
the Arms Export Control Act (22 U.S.C. 2780(d)) is amended in
the first sentence by inserting after ``international
terrorism'' the following: ``or has failed to cooperate with
the United States on efforts to combat international
terrorism''.
(2) Transfer of missile equipment or technology by united
states person.--Section 72(c) of such Act (22 U.S.C. 2797a(c))
is amended by inserting after ``international terrorism'' the
following: ``or has failed to cooperate with the United States
on efforts to combat international terrorism''.
(3) Transfer of missile equipment or technology by foreign
person.--Section 73(f) of such Act (22 U.S.C. 2797b(f)) is
amended by inserting after ``international terrorism'' the
following: ``or has failed to cooperate with the United States
on efforts to combat international terrorism''.
(4) Transfer of chemical or biological weapons by foreign
person.--Section 81(a)(2)(B) of such Act (22 U.S.C.
2798(a)(2)(B)) is amended by inserting after ``international
terrorism'' the following: ``or has failed to cooperate with
the United States on efforts to combat international
terrorism''.
(c) Export Administration Act of 1979.--
(1) General requirements.--Section 6(j)(1)(A) of the Export
Administration Act of 1979 (50 U.S.C. app. 2405(j)(1)(A)) is
amended--
(A) in subsection (j)(1)(A), by inserting after
``international terrorism'' the following: ``or has
failed to cooperate with the United States on efforts
to combat international terrorism''; and
(B) in subsection (l)(3)(B), by inserting after
``international terrorism'' the following: ``or to have
failed to cooperate with the United States on efforts
to combat international terrorism''.
(2) Transfer of chemical or biological weapons by foreign
person.--Section 11C(a)(2)(B) of such Act (50 U.S.C. app.
2410c(a)(2)(B)) is amended by inserting after ``international
terrorism'' the following: ``or has failed to cooperate with
the United States on efforts to combat international
terrorism''. | Debt Relief Enhancement Act of 2002 - Directs the Secretary of the Treasury to commence efforts immediately within the Paris Club of Official Creditors, the International Bank for Reconstruction and Development (IBRD), the International Monetary Fund (IMF), and other appropriate multilateral development institutions to modify the Enhanced Heavily Indebted Poor Countries (HIPC) Initiative so that the amount of debt stock reduction approved for a country eligible for debt relief shall be sufficient to reduce, by a specified deadline, the net present value of the outstanding public and publicly guaranteed debt of the country, and the annual payments due, to levels determined according to certain formulae.Requires the Secretary to report to Congress on the options and costs associated with expanding debt relief under the Initiative to poor countries not eligible for inclusion in it.Authorizes the President to reduce amounts owed to the United States (or any Federal agency) by an eligible country as a result of: (1) certain guarantees issued under the Foreign Assistance Act of 1961; (2) credits extended or guarantees issued under the Arms Export Control Act; or (3) any obligation (or portion of it) to pay for purchases of U.S. agricultural commodities guaranteed by the Commodity Credit Corporation under specified export credit programs.Prescribes other specified conditions and prohibitions with respect to country eligibility.Requires any country otherwise eligible to receive debt cancellation under the modifications to the Initiative made by this Act, among other things, to agree to: (1) ensure that the financial benefits of debt cancellation are applied to programs to combat HIV/AIDS and poverty; and (2) implement transparent and participatory policymaking and budget procedures, good governance, and effective anticorruption measures.Amends the Foreign Assistance Act of 1961 (including the Enterprise for the Americas Initiative), the Arms Export Control Act, and the Export Administration Act of 1979 to modify specified prohibitions on assistance to countries to include countries that have failed to cooperate with the United States on efforts to combat international terrorism. | {"src": "billsum_train", "title": "To ensure that the Enhanced Highly Indebted Poor Countries Initiative achieves the objective of substantially increasing resources available for human development and poverty reduction in heavily indebted poor countries, and for other purposes."} | 2,475 | 418 | 0.570866 | 1.836592 | 0.753762 | 4.169761 | 5.811671 | 0.917772 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Land Asset Inventory Reform
Act of 2008''.
SEC. 2. CADASTRE OF FEDERAL LAND.
(a) In General.--The Secretary shall develop a multipurpose
cadastre of Federal real property to assist with Federal land
management, resource conservation, environmental protection, and use of
real property.
(b) Cost Sharing.--The Secretary may enter into cost sharing
agreements with States to include any non-Federal lands in a State in
the cadastre. The Federal share of any such cost agreement shall not
exceed 50 percent of the total cost to a State for the development of
the cadastre of non-Federal lands in the State.
(c) Consolidation and Report.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall submit a report
to the Committee on Natural Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate on--
(1) the existing real property inventories or any
components of any cadastre currently authorized by law or
conducted by the Department of the Interior, the statutory
authorization for such, and the amount expended by the Federal
Government for each such activity in fiscal year 2007;
(2) the existing real property inventories or any
components of any cadastre currently authorized by law or
conducted by the Department of the Interior that will be
eliminated or consolidated into the multipurpose cadastre
authorized by this Act;
(3) the existing real property inventories or any
components of a cadastre currently authorized by law or
conducted by the Department of the Interior that will not be
eliminated or consolidated into the multipurpose cadastre
authorized by this Act, together with a justification for not
terminating or consolidating such in the multipurpose cadastre
authorized by this Act;
(4) the use of existing real property inventories or any
components of any cadastre currently conducted by any unit of
State or local government that can be used to identify Federal
real property within such unit of government;
(5) the cost savings that will be achieved by eliminating
or consolidating duplicative or unneeded real property
inventories or any components of a cadastre currently
authorized by law or conducted by the Department of the
Interior that will become part of the multipurpose cadastre
authorized by this Act; and
(6) recommendations for any legislation necessary to
increase the cost savings and enhance the effectiveness and
efficiency of replacing, eliminating, or consolidating real
property inventories or any components of a cadastre currently
authorized by law or conducted by the Department of the
Interior.
(d) Coordination.--
(1) In general.--In carrying out this section, the
Secretary shall--
(A) participate, pursuant to section 216 of Public
Law 107-347, in the establishment of such standards and
common protocols as are necessary to assure the
interoperability of geospatial information pertaining
to the cadastre for all users of such information;
(B) coordinate with, seek assistance and
cooperation of, and provide liaison to the Federal
Geographic Data Committee pursuant to Office of
Management and Budget Circular A-16 and Executive Order
12906 for the implementation of and compliance with
such standards as may be applicable to the cadastre;
(C) make the cadastre interoperable with the
Federal Real Property Profile established pursuant to
Executive Order 13327;
(D) integrate with and leverage to the maximum
extent practicable current cadastre activities of units
of State and local government; and
(E) use contracts with the private sector, to the
maximum extent practicable, to provide such products
and services as are necessary to develop the cadastre.
(2) Contracts considered surveying and mapping.--Contracts
entered into under paragraph (1)(C) shall be considered
``surveying and mapping'' services as such term is used and as
such contracts are awarded in accordance with the selection
procedures in title IX of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 1101 et seq.).
SEC. 3. DEFINITIONS.
As used in this Act, the following definitions apply:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Cadastre.--The term ``cadastre'' means an inventory of
real property of the Federal Government developed through
collecting, storing, retrieving, or disseminating graphical or
digital data depicting natural or man-made physical features,
phenomena, or boundaries of the earth and any information
related thereto, including surveys, maps, charts, satellite and
airborne remote sensing data, images, and services, with
services performed by professionals such as surveyors,
photogrammetrists, hydrographers, geodesists, cartographers,
and other such services of an architectural or engineering
nature including the following data layers:
(A) A reference frame consisting of a geodetic
network.
(B) A series of current, accurate large scale maps.
(C) A cadastral boundary overlay delineating all
cadastral parcels.
(D) A system for indexing and identifying each
cadastral parcel.
(E) A series of land data files, each including the
parcel identifier, which can be used to retrieve
information and cross reference between and among other
data files, which contains information about the use,
value, assets and infrastructure of each parcel, and
shall also designate any parcels that the Secretary
determines can be better managed through ownership by a
non-Federal entity including but not limited to State
government, local government, tribal government,
nonprofit organizations, or the private sector.
(3) Real property.--The term ``real property'' means real
estate consisting of land, buildings, crops, forests, or other
resources still attached to or within the land or improvements
or fixtures permanently attached to the land or a structure on
it, including any interest, benefit, right, or privilege in
such property. | Federal Land Asset Inventory Reform Act of 2008 - Directs the Secretary of the Interior to develop a multipurpose cadastre of federal real property (an inventory of real property of the federal government) to assist with federal land management, resource conservation, environmental protection, and use of real property. Authorizes the Secretary to enter into cost-sharing agreements with states to include any non-federal lands in a state in such cadastre. Limits the federal share of any such agreement to 50% of the total cost to a state for the development of the cadastre of the non-federal lands in the state.
Requires the Secretary to submit a report on: (1) existing real property inventories or any components of any cadastre; (2) consolidation of inventories and components; (3) the use of existing inventories and components of any cadastre; (4) the cost savings that will be achieved; and (5) recommendations for legislation. | {"src": "billsum_train", "title": "A bill to improve Federal land management, resource conservation, environmental protection, and use of Federal real property, by requiring the Secretary of the Interior to develop a multipurpose cadastre of Federal and real property and identifying inaccurate, duplicate, and out-of-date Federal land inventories, and for other purposes."} | 1,319 | 206 | 0.766298 | 2.184481 | 0.998288 | 5.238889 | 6.594444 | 0.972222 |
SECTION 1. LIQUIDATION OR RELIQUIDATION OF CERTAIN ENTRIES OF
ARTIFICIAL FOLIAGE.
(a) In General.--Notwithstanding sections 514 and 520 of the Tariff
Act of 1930 (19 U.S.C. 1514 and 1520) or any other provision of law,
U.S. Customs and Border Protection shall, not later than 90 days after
the date of the enactment of this Act--
(1) liquidate or reliquidate as free of duty the entries
listed in subsection (b); and
(2) refund to the importer of record any duties paid on
such entries, with interest.
(b) Affected Entries.--The entries referred to in subsection (a)
are the following:
------------------------------------------------------------------------
Entry number Import date Port Code
------------------------------------------------------------------------
BRL-0006512-4 04/11/2007 2704
------------------------------------------------------------------------
BRL-0006513-2 04/11/2007 2704
------------------------------------------------------------------------
BRL-0006929-0 05/04/2007 2704
------------------------------------------------------------------------
BRL-0007040-5 05/12/2007 2704
------------------------------------------------------------------------
BRL-0007042-1 05/12/2007 2704
------------------------------------------------------------------------
BRL-0007162-7 05/15/2007 2704
------------------------------------------------------------------------
BRL-0007456-3 06/05/2007 2704
------------------------------------------------------------------------
BRL-0007457-1 06/05/2007 2704
------------------------------------------------------------------------
BRL-0007458-9 06/01/2007 2704
------------------------------------------------------------------------
BRL-0007459-7 06/05/2007 2704
------------------------------------------------------------------------
BRL-0007564-4 06/14/2007 2704
------------------------------------------------------------------------
BRL-0007602-2 06/17/2007 2704
------------------------------------------------------------------------
BRL-0007654-3 06/20/2007 2704
------------------------------------------------------------------------
BRL-0007655-0 06/20/2007 2704
------------------------------------------------------------------------
BRL-0007657-6 06/20/2007 2704
------------------------------------------------------------------------
BRL-0007775-6 06/28/2007 2704
------------------------------------------------------------------------
BRL-0007776-4 06/28/2007 2704
------------------------------------------------------------------------
BRL-0007917-4 07/07/2007 2704
------------------------------------------------------------------------
BRL-0008333-3 07/29/2007 2704
------------------------------------------------------------------------
BRL-0008908-2 08/26/2007 2704
------------------------------------------------------------------------
BRL-0009051-0 09/05/2007 2704
------------------------------------------------------------------------
BRL-0009052-8 09/05/2007 2704
------------------------------------------------------------------------
BRL-0009088-2 08/25/2007 2704
------------------------------------------------------------------------
BRL-0010234-9 11/21/2007 2704
------------------------------------------------------------------------
BRL-0010235-6 11/21/2007 2704
------------------------------------------------------------------------
BRL-0010236-4 11/21/2007 2704
------------------------------------------------------------------------
BRL-0010237-2 11/21/2007 2704
------------------------------------------------------------------------
BRL-0010561-5 12/09/2007 2704
------------------------------------------------------------------------
BRL-0010562-3 12/09/2007 2704
------------------------------------------------------------------------
BRL-0010563-1 12/09/2007 2704
------------------------------------------------------------------------
BRL-0010790-0 12/28/2007 2704
------------------------------------------------------------------------
BRL-0010791-8 12/28/2007 2704
------------------------------------------------------------------------
BRL-0010792-6 12/28/2007 2704
------------------------------------------------------------------------
BRL-0011314-8 02/08/2008 2704
------------------------------------------------------------------------
BRL-0011315-5 02/08/2008 2704
------------------------------------------------------------------------
BRL-0011316-3 02/08/2008 2704
------------------------------------------------------------------------
BRL-0011407-0 02/08/2008 2704
------------------------------------------------------------------------
BRL-0011408-8 02/08/2008 2704
------------------------------------------------------------------------
BRL-0011409-6 02/08/2008 2704
------------------------------------------------------------------------
BRL-0011410-4 02/08/2008 2704
------------------------------------------------------------------------
BRL-0011492-2 02/20/2008 2704
------------------------------------------------------------------------
BRL-0011551-5 02/17/2008 2704
------------------------------------------------------------------------
BRL-0011552-3 02/17/2008 2704
------------------------------------------------------------------------
BRL-0011553-1 02/17/2008 2704
------------------------------------------------------------------------
JN4-0048839-9 02/06/2007 2704
------------------------------------------------------------------------
JN4-0048840-7 02/06/2007 2704
------------------------------------------------------------------------
JN4-0048841-5 02/06/2007 2704
------------------------------------------------------------------------
JN4-0048842-3 02/06/2007 2704
------------------------------------------------------------------------
JN4-0048843-1 02/06/2007 2704
------------------------------------------------------------------------
WU6-1038788-4 02/07/2007 1703
------------------------------------------------------------------------
WU6-1038801-5 02/08/2007 1703
------------------------------------------------------------------------
WU6-1039210-8 02/25/2007 1703
------------------------------------------------------------------------
WU6-1039373-4 03/04/2007 1703
------------------------------------------------------------------------
WU6-1039558-0 03/18/2007 1703
------------------------------------------------------------------------
WU6-1039970-7 04/29/2007 1703
------------------------------------------------------------------------
WU6-1040073-7 05/09/2007 1703
------------------------------------------------------------------------
WU6-1040226-1 05/10/2007 1703
------------------------------------------------------------------------
WU6-1040407-7 05/19/2007 1703
------------------------------------------------------------------------
WU6-1040667-6 06/03/2007 1703
------------------------------------------------------------------------
WU6-1040732-8 05/30/2007 1703
------------------------------------------------------------------------
WU6-1040773-2 06/06/2007 1703
------------------------------------------------------------------------
WU6-1040861-5 06/17/2007 1703
------------------------------------------------------------------------
WU6-1041102-3 06/30/2007 1703
------------------------------------------------------------------------
WU6-1041343-3 07/14/2007 1703
------------------------------------------------------------------------
WU6-1041369-8 07/15/2007 1703
------------------------------------------------------------------------
WU6-1041537-0 07/25/2007 1703
------------------------------------------------------------------------
WU6-1041540-4 07/25/2007 1703
------------------------------------------------------------------------
WU6-1041541-2 07/25/2007 1703
------------------------------------------------------------------------
WU6-1041580-0 07/28/2007 1703
------------------------------------------------------------------------
WU6-1041751-7 08/01/2007 1703
------------------------------------------------------------------------
WU6-1041847-3 08/12/2007 1703
------------------------------------------------------------------------
WU6-1041905-9 08/19/2007 1703
------------------------------------------------------------------------
WU6-1041932-3 08/20/2007 1703
------------------------------------------------------------------------
WU6-1041983-6 08/26/2007 1703
------------------------------------------------------------------------
WU6-1042085-9 08/29/2007 1703
------------------------------------------------------------------------
WU6-1043514-7 11/14/2007 1703
------------------------------------------------------------------------
WU6-1044249-9 12/26/2007 1703
------------------------------------------------------------------------
WU6-1044940-3 01/30/2008 1703
------------------------------------------------------------------------ | Provides for the liquidation or reliquidation of, and refund of any duties and interest paid on, certain entries of artificial foliage. | {"src": "billsum_train", "title": "A bill to provide for the liquidation or reliquidation of certain entries of artificial foliage."} | 3,248 | 30 | 0.420085 | 1.13984 | 0.252775 | 2.083333 | 41.291667 | 0.916667 |
SECTION 1. TEMPORARY DUTY SUSPENSION FOR PERSONAL EFFECTS OF 1995
SPECIAL OLYMPICS WORLD GAMES PARTICIPANTS.
(a) In General.--Subchapter II of chapter 99 of the Harmonized
Tariff Schedule of the United States is amended by inserting in
numerical sequence the following new headings:
`` 9902.98.04 All of the following No change Free On or before
goods not intended for 8/1/95 ''
commercial sale: .
personal effects of
participants in,
officials of, or
accredited members of
delegations to, the
1995 Special Olympics
World Games, and of
persons who are
immediate family
members of any of the
foregoing persons;
equipment and materials
imported in connection
with the 1995 Special
Olympics World Games by
or on behalf of the
foregoing persons or
the organizing
committee of such
games; other equipment
and materials intended
for use or consumption
at or in connection
with the 1995 Special
Olympics World Games or
related cultural or
educational
exhibitions; and such
other related goods as
may be prescribed by
the Secretary of the
Treasury............... Free
(b) Authority of the Commissioner of Customs.--The Commissioner of
Customs is authorized to waive the requirements for entry of bond, or
such other requirements as the Commissioner deems appropriate, that are
otherwise applicable under the customs regulations to goods described
in heading 9902.98.04 of the Harmonized Tariff Schedule of the United
States (as added by subsection (a)). Such goods shall be free of taxes
which may be otherwise applicable.
SEC. 2. EFFECTIVE DATE.
(a) In General.--The amendment made by section 1 applies with
respect to goods entered, or withdrawn from warehouse for consumption,
on or after the 15th day after the date of the enactment of this Act.
(b) Reliquidation.--Notwithstanding section 514 of the Tariff Act
of 1930 or any other provision of law, upon proper request filed with
the appropriate customs officer within 60 days after the date of the
enactment of this Act, any entry, or withdrawal from warehouse for
consumption, that was made--
(1) after December 31, 1993, and before the date which is
15 days after the date of the enactment of this Act, and
(2) with respect to which there would have been no duty if
the amendment made by section 1 applied to such entry or
withdrawal,
shall be liquidated or reliquidated as though such amendment applied to
such entry or withdrawal. | Amends the Harmonized Tariff Schedule of the United States to grant duty-free treatment, through August 1, 1995, to the personal effects of, and other equipment and materials intended for use by, participants, their immediate families, and officials involved in the 1995 Special Olympics World Games. | {"src": "billsum_train", "title": "To suspend temporarily the duty on the personal effects of participants in, and certain other individuals associated with, the 1995 Special Olympics World Games."} | 537 | 59 | 0.577478 | 1.667874 | 0.747072 | 2.181818 | 9.145455 | 0.836364 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stevie Wonder Congressional Gold
Medal Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Stevland Hardaway Judkins, later known as Stevie
Wonder, born in Saginaw, Michigan to Lula Mae Hardaway on May
13, 1950, has been a major figure in the music industry for the
past 40 years.
(2) Born prematurely, Stevie Wonder was placed in an
incubator where an excess of oxygen exacerbated a visual
condition known as retinopathy of prematurity, which ultimately
caused his blindness.
(3) In 1961, Ronnie White of the Miracles arranged an
audition with Motown Records' Berry Gordy Jr, who quickly
signed him and named him ``Little'' Stevie Wonder.
(4) His first album, ``Little Stevie Wonder: the 12 Year
Old Genius'', made the child a huge star, and produced a number
1 hit with the single ``Fingertips'' (Part 2) in 1963.
(5) The following year, Stevie Wonder enrolled in the
Michigan School for the Blind, where he studied classical
piano.
(6) In 1964, Wonder recorded little while his voiced
changed and he returned in 1965 without the ``Little''
nickname.
(7) His first recording as a teenager ``Uptight
(Everything's Alright),'' which he co-wrote with Henry Cosby
and Sylvia Moy, was a number 3 pop hit in the United States and
hit number 1 on the rhythm and blues charts; this was the
beginning of a string of number 1 hits that continued unbroken
for over 6 years.
(8) Stevie Wonder co-wrote almost all of his singles from
1967 onwards, and collaborated with some of the most notable
Motown artists.
(9) Shortly after reaching his 21st birthday in the spring
of 1971, his recording contract with Motown Records expired,
and he conditioned his return on obtaining complete artistic
control of his records.
(10) Motown Records agreed and he became the youngest
artist with the ability to artistically control his career.
(11) In 1976, Stevie Wonder's double album ``Songs in the
Key of Life'' was another huge critical commercial success with
2 number 1 pop hits, ``Sir Duke'' and ``I Wish'', as well as
the classic ``Isn't She Lovely''.
(12) With no new music for the next 3 years, aside from the
release of the mostly instrumental soundtrack to the
documentary The Secret Life Of Plants in 1979, he returned to
pop with ``Hotter Than July'' in 1980, which included the
United States pop Top 5 hit ``Masterblaster (Jamming)''.
(13) ``Hotter Than July'' also included the hit single
``Happy Birthday,'' which Stevie Wonder, one of the main
figures in the campaign to have the birthday of Dr. Martin
Luther King, Jr. become a national holiday, used to popularize
the movement.
(14) Wonder, along with the Congressional Black Caucus and
other civil rights organizations, hosted the Rally for Peace
Press Conference in 1981 in Washington, D.C., where he was
joined by a peaceful crowd of 50,000 supporters, and such
personalities as Diana Ross, Gladys Knight, Jesse Jackson, and
Gil Scott-Heron.
(15) The first Martin Luther King Day was celebrated on
January 15, 1986, with a concert headlined by Stevie Wonder.
(16) Stevie Wonder pioneered the use of the synthesizer in
rhythm and blues, and also broadened his lyrics to encompass
racial problems and spiritual concerns.
(17) In his acceptance speech as the recipient of the 1984
Oscar for Best Song, he dedicated his award to then imprisoned
civil rights leader Nelson Mandela; the South African
government promptly banned Wonder's music from that country.
(18) In 1985, Stevie Wonder performed on the number 1
charity singles ``We Are the World'' by USA for Africa and
``That's What Friends Are For'' by Dionne Warwick & Friends;
both songs raised awareness about famine in Africa and the AIDS
epidemic, respectively.
(19) Stevie Wonder returned quickly with the new album,
``Characters'' in 1987 which was a hit on the rhythm and blues
side, topping the album charts and producing a number 1 hit in
``Skeletons.'' and was his final release of the 1980s.
(20) He returned in 1991 with the soundtrack to the Spike
Lee film, Jungle Fever, and his next full album was 1995's
``Conversation Peace''.
(21) He won two Grammy's for the single ``For Your Love''.
(22) Since then, Motown has released a number of re-masters
and compilations to continue Wonder's vast legacy.
(23) ``A Time to Love'', Wonder's first new album in 10
years, was released in 2005.
(24) Stevie Wonder has recorded more than 30 Top10 hits,
won 22 Grammy Awards (a record for a solo artist), including a
Grammy Lifetime Achievement Award and has been inducted into
both the Rock and Roll and the Songwriters Halls of Fame.
(25) He is the recipient of countless other awards and
honors such as the U.S. Distinguished Service Award, 1999
MusiCares Person of the Year, Rhythm and Blues Foundation
Pioneer Awards Lifetime Achievement, NAACP Image Award, United
in Recovery's Ambassador of Peace Award, and an ASCAP Founders
Award.
(26) Stevie Wonder has become one of the most successful
and well-known artists in the world, with 9 United States
number 1 hits to his name and album sales totaling more than
100,000,000 units.
(27) Stevie Wonder has also been active in such social
causes as Mothers Against Drunk Driving, the Retinitis
Pigmentosa Foundation, and his annual House Full of Toys
Benefit Concert and he is a leading figure in the ``Charge
Against Hunger'' in conjunction with American Express, which
has raised over $150,000,000 dollars to feed nearly 6,000,000
underprivileged people yearly.
(28) At age 49, Stevie Wonder was the youngest-ever
recipient in the 22-year history of Kennedy Center Honors,
given annually for lifetime contribution to arts and culture,
and presented to Stevie Wonder by President Bill Clinton in
Washington D.C., December 5, 1999.
(29) On October 17th, 2006, Stevie Wonder received a
Lifetime Achievement Award from the National Civil Rights
Museum in Memphis, Tennessee.
SEC. 3. 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 Stevie Wonder, in
recognition of his ground-breaking musical achievements, activism, and
contributions to the music industry.
(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. 4. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medal struck pursuant to section 3 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. 5. 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 sections 5134 and 5136 of
title 31, United States Code, all medals struck under this Act shall be
considered to be numismatic items.
SEC. 6. 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. | Stevie Wonder Congressional Gold Medal Act - Provides for the presentation of a congressional gold medal to Stevie Wonder in recognition of his ground-breaking musical achievements, activism, and contributions to the music industry. | {"src": "billsum_train", "title": "To award a Congressional Gold Medal to Stevie Wonder, in recognition of his ground-breaking musical achievements, activism, and contributions to the music industry."} | 1,921 | 45 | 0.391266 | 1.129781 | 0.423085 | 6.131579 | 45.710526 | 0.973684 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lawful Purpose and Self Defense
Act''.
SEC. 2. ELIMINATION OF AUTHORITY TO RECLASSIFY POPULAR RIFLE AMMUNITION
AS ``ARMOR PIERCING AMMUNITION''.
Section 921(a)(17) of title 18, United States Code, is amended--
(1) in subparagraph (B)(i), by striking ``may be used'' and
inserting ``is designed and intended by the manufacturer or
importer for use'';
(2) in subparagraph (B)(ii), by inserting ``by the
manufacturer or importer'' before ``for use''; and
(3) in subparagraph (C), by striking ``the Attorney General
finds is primarily intended to be used for sporting purposes''
and inserting ``is primarily intended by the manufacturer or
importer to be used in a rifle or shotgun, a handgun projectile
that is designed and intended by the manufacturer or importer
to be used for hunting, recreational, or competitive
shooting''.
SEC. 3. ELIMINATION OF RESTRICTIONS ON IMPORTATION OF NON-NATIONAL
FIREARMS ACT FIREARM OR AMMUNITION THAT MAY OTHERWISE BE
LAWFULLY POSSESSED AND SOLD IN THE UNITED STATES.
(a) Elimination of Prohibitions.--Section 922 of title 18, United
States Code, is amended--
(1) in subsection (a), by striking paragraph (7) and
inserting the following:
``(7) for any person to manufacture or import armor
piercing ammunition, unless the manufacture or importation of
the ammunition--
``(A) is for the use of the United States, any
department or agency of the United States, any State,
or any department, agency, or political subdivision of
a State;
``(B) is for the purpose of exportation; or
``(C) is for the purpose of testing or
experimentation, and has been authorized by the
Attorney General;'';
(2) in subsection (l), by striking ``925(d) of this
chapter'' and inserting ``925''; and
(3) by striking subsection (r).
(b) Broadening of Exceptions.--Section 925 of such title is
amended--
(1) in subsection (a)(3), by striking ``determined'' and
all that follows through the end and inserting ``intended for
the lawful personal use of such member or club.'';
(2) in subsection (a)(4), by striking ``(A)'' and all that
follows through ``for the'' and inserting ``intended for the
lawful''; and
(3) by striking subsections (d) through (f) and inserting
the following:
``(d)(1) Within 30 days after the Attorney General receives an
application therefor, the Attorney General shall authorize a firearm or
ammunition to be imported or brought into the United States or any
possession thereof if--
``(A) the firearm or ammunition is being imported or
brought in for scientific, research, testing, or
experimentation purposes;
``(B) the firearm is an unserviceable firearm (other than a
machine gun as defined in section 5845(b) of the Internal
Revenue Code of 1986 that is readily restorable to firing
condition) imported or brought in as a curio or museum piece;
``(C) the firearm is not a firearm as defined in section
5845(a) of the Internal Revenue Code of 1986;
``(D) the ammunition is not armor piercing ammunition (as
defined in section 921(a)(17)(B) of this title), unless
subparagraph (A), (E), (F), or (G) applies;
``(E) the firearm or ammunition is being imported or
brought in for the use of the United States, any department or
agency of the United States, any State, or any department,
agency, or political subdivision of a State;
``(F) the firearm or ammunition is being imported or
brought in for the purpose of exportation;
``(G) the firearm or ammunition was previously taken out of
the United States or a possession thereof by the person who is
bringing in the firearm or ammunition; or
``(H) the firearm is a firearm defined as curio or relic by
the Attorney General under section 921(a)(13) of this title.
``(2) Within 30 days after the Attorney General receives an
application therefor, the Attorney General shall permit the conditional
importation or bringing in of a firearm or ammunition for examination
and testing in connection with the making of a determination as to
whether the importation or bringing in of the firearm or ammunition
will be allowed under this subsection.
``(3) The Attorney General shall not authorize, under this
subsection, the importation of any firearm the importation of which is
prohibited by section 922(p).''.
SEC. 4. PROTECTION OF SHOTGUNS, SHOTGUN SHELLS, AND LARGE CALIBER
RIFLES FROM ARBITRARY CLASSIFICATION AS ``DESTRUCTIVE
DEVICES''.
(a) Amendments to the National Firearms Act.--Section 5845(f) of
the National Firearms Act is amended--
(1) in paragraph (2), by striking ``recognized as
particularly suitable for sporting purposes'' and inserting
``recognized as suitable for lawful purposes''; and
(2) by striking ``use solely for sporting purposes'' and
inserting ``use for sporting purposes''.
(b) Amendments to Title 18, United States Code.--Section 921(a)(4)
of title 18, United States Code, is amended--
(1) in subparagraph (B) of the 1st sentence, by striking
``particularly suitable for sporting'' and inserting ``suitable
for lawful''; and
(2) in the 2nd sentence, by striking ``solely''.
SEC. 5. BROADENING OF THE TEMPORARY INTERSTATE TRANSFER PROVISION TO
ALLOW TEMPORARY TRANSFERS FOR ALL LAWFUL PURPOSES RATHER
THAN JUST FOR ``SPORTING PURPOSES''.
Section 922 of title 18, United States Code, is amended in each of
subsections (a)(5)(B), (a)(9), and (b)(3)(B), by striking ``sporting''. | Lawful Purpose and Self Defense Act This bill modifies the definition of "armor piercing ammunition" for purposes of federal firearms provisions to: (1) include a projectile that is designed and intended by the manufacturer or importer for use in a handgun; (2) exclude a projectile that is primarily intended by the manufacturer or importer to be used in a rifle or shotgun and a handgun projectile that is designed for hunting, recreational, or competitive shooting. This bill repeals a prohibition on assembling from imported parts a semiautomatic rifle or shotgun that is identical to one prohibited from importation as not being suitable for or readily adaptable to sporting purposes. This bill repeals the condition that the Attorney General must approve, as suitable for sporting purposes, the shipment of firearms or ammunition to members of the Armed Forces. The following categories of firearms or ammunition may be authorized for importation into the United States by the Attorney General: (1) ammunition that is not armor piercing; (2) a firearm or ammunition that is being brought in for the use of a federal, state, or local government agency; and (3) a firearm or ammunition that is being imported for the purpose of exportation. The definition of "destructive device" for purposes of federal firearms provisions excludes: (1) a shotgun or shotgun shell which the Department of the Treasury finds is generally recognized as particularly suitable for lawful purposes, and (2) an antique or a rifle which the owner intends to use for sporting purposes. The bill authorizes certain temporary interstate transfers of firearms for lawful purposes. | {"src": "billsum_train", "title": "Lawful Purpose and Self Defense Act"} | 1,481 | 345 | 0.630501 | 1.782021 | 0.798358 | 2.554817 | 4.179402 | 0.840532 |
OF IDENTITY THEFT DISPUTES.
The Commission shall require entities that receive disputes
regarding the unauthorized use of accounts of such entities from
consumers that have reason to believe that they are a victim of
identity theft to conduct any necessary investigation and decide an
outcome of a claim within 90 days from the date on which all necessary
information to investigate the claim has been submitted to the entity.
SEC. 204. IMPROVEMENTS TO CONSUMER CLEARINGHOUSE.
The Commission shall utilize the Identity Theft Clearinghouse to
permit consumers that have a reasonable belief that they are victim of
identity theft to submit any information relevant to such identity
theft to the Clearinghouse (including by means of an Identity Theft
Affidavit), so that such information may be transmitted by the
Clearinghouse to appropriate entities for necessary protective action
and to mitigate losses resulting from such identity theft.
SEC. 205. IMPROVED IDENTITY THEFT DATA.
(a) In General.--The Commission shall--
(1) establish a process to contact, not less than annually,
public and private entities that receive and process complaints
from consumers that have a reasonable belief that they are a
victim of identity theft; and
(2) obtain accurate data on the incidences and nature of
complaints from such entitles.
(b) Inclusion in Database.--Such information shall be made part of
the Commission's Identity Theft Clearinghouse database.
SEC. 206. CHANGE OF ADDRESS PROTECTIONS.
The Commission shall require appropriate entities to take
reasonable steps to verify the accuracy of a consumer's address,
including by confirming a consumer's change of address by sending a
confirmation of such change to the old and the new address of the
consumer.
SEC. 207. EFFECTIVE DATE.
This title shall take effect 180 days after the date of enactment
of this Act.
TITLE III--INTERNATIONAL PROVISIONS
SEC. 301. STUDY BY COMPTROLLER GENERAL.
The Comptroller General of the United States shall conduct a study
and issue a report analyzing the impact on the interstate and foreign
commerce of the United States of information privacy laws, regulations,
or agreements enacted, promulgated, or adopted by other nations,
including regional or international agreements between nations, and
whether the enforcement mechanisms or procedures of those laws,
regulations, or agreements result in discriminatory treatment of United
States entities. The first report under this section shall be issued
not later than 120 days after the date of enactment of this Act and
subsequent reports shall be issued every 3 years thereafter.
SEC. 302. REMEDIATION OF DISCRIMINATORY IMPACT BY SECRETARY OF
COMMERCE.
If the Comptroller General of the United States finds, in the study
and report under subsection (a), that such information privacy laws,
regulations, or agreements substantially impede interstate and foreign
commerce of the United States and that the enforcement mechanisms or
procedures of the information privacy laws, regulations, or agreements
described in such subsection result in discriminatory treatment of
United States entities, the Secretary of Commerce shall, to the extent
permitted by law take all steps necessary to mitigate against such
discriminatory impact within 180 days after the report making such
findings is issued.
SEC. 303. EFFECT OF NONREMEDIATION.
(a) Recommendations.--If by the end of the 180-day period described
in section 302, the Secretary of Commerce has not attained complete
relief from the discriminatory impact described in such subsection, the
Secretary shall report to the Congress and the President
recommendations on action to relieve any such remaining discriminatory
impact.
(b) Federal Agency Action After Consideration by Congress.--During
the period after the Secretary reports recommendations under subsection
(b) for mitigation of discriminatory impact and before the Congress
acts with respect to such recommendations, no officer or employee of
any Federal agency may take or continue any action to enjoin, or impose
any penalty on, a United States entity, or a citizen or legal resident
of the United States, for the purpose of fulfilling an international
obligation of the United States under an international privacy
agreement (other than such an obligation under a ratified treaty) that
resulted in such discriminatory impact.
SEC. 304. HARMONIZATION OF INTERNATIONAL PRIVACY LAWS, REGULATIONS, AND
AGREEMENTS.
Beginning on the date of enactment of this Act, the Secretary of
Commerce shall provide notice of the provisions of this Act to other
nations, individually, or as members of international organizations or
unions that have enacted, promulgated, or adopted information privacy
laws, regulations, or agreements, and shall seek recognition of this
Act by such nations, organizations, or unions. The Secretary shall seek
the harmonization of this Act with such information privacy laws,
regulations, or agreements, to the extent such harmonization is
necessary for the advancement of transnational commerce, including
electronic commerce.
TITLE IV--GENERAL PROVISIONS
SEC. 401. DEFINITIONS.
In this Act:
(1) The term ``Commission'' means the Federal Trade
Commission.
(2) The term ``consumer'' means an individual acting in the
individual's personal, family, or household capacity.
(3)(A) The term ``data collection organization'' means an
entity (or an agent or affiliate of the entity) that collects
(by any means, through any medium), sells, discloses for
consideration, or uses personally identifiable information of
the consumer.
(B) Such term does not include--
(i) a governmental agency; or
(ii) a not-for-profit entity, to the extent that
personally identifiable information is not used for a
commercial purpose; or
(iii) an entity that--
(I) has annual gross revenue under
$1,000,000 (based on the value of such amount
in fiscal year 2000, adjusted for current
dollars);
(II) has fewer than 25 employees;
(III) collects or uses personally
identifiable information from fewer than 1,000
consumers for a purpose unrelated to a
transaction with the consumer;
(IV) does not process personally
identifiable information of consumers; and
(V) does not sell or disclose for
consideration such information to another
person.
(4)(A) The term ``personally identifiable information'',
with respect to a data collection organization means
individually identifiable information relating to a living
individual who can be identified from that information.
(B) Such term includes--
(i) first and last name, whether given at birth or
adoption, assumed, or legally changed;
(ii) home or other physical address including
street name and name of a city or town;
(iii) electronic mail address;
(iv) telephone number;
(v) social security number; or
(vi) any other unique identifying information that
a data collector and processor collects and combines
with any information described in the preceding
subparagraphs of this paragraph.
(C) Such term does not include--
(i) anonymous or aggregate data, or any other
information that does not identify a unique living
individual;
(ii) information about a consumer inferred from
data maintained about a consumer; or
(iii) information about a consumer obtained from a
public record.
(5) The term ``affiliate'' means any company that controls,
is controlled by, or is under common control with another
company.
(6) The term ``information-sharing partner'' means, with
respect to a data collection organization, an entity that is
contractually obligated to comply with the practices enumerated
under the privacy policy statement of the organization required
under section 102.
(7) The term ``process'', with respect to personally
identifiable information, means any value-added activity
performed on data by automated means.
(8) The term ``transaction'' means an interaction between a
consumer and a data collection organization resulting in--
(A) any use of information that is necessary to
complete the interaction in the course of which
information is collected, or to maintain the
provisioning of a good or service requested by the
consumer, including use--
(i) to approve, guarantee, process,
administer, complete, enforce, provide, or
market a product, service, account, benefit,
transaction, or payment method that is
requested or approved by the consumer; or
(ii) to deliver goods, services, funds, or
other consideration to, or on behalf of, the
consumer;
(B) any disclosure of information that is necessary
for the consumer to enforce any right of the consumer;
(C) any disclosure of information that is required
by law or by a court order; and
(D) any use of information to evaluate, detect, or
reduce the risk of fraud or other criminal activity, or
other risk-management activities.
(9) The term ``display'' means intentionally communicating
or otherwise making available (on the Internet or in any other
manner) to another person.
(10) The term ``public record'' means any item, collection,
or grouping of information about an individual that is
maintained by a Federal, State, or local government entity and
that is made available to the public.
(11) The term ``purchase'' means providing, directly or
indirectly, anything of value in exchange for a benefit.
(12) The term ``State'' includes the several States, the
District of Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, American Samoa,
Guam, the Virgin Islands, the Freely Associated States, and any
other territory or possession of the United States. | Consumer Privacy Protection Act of 2002 - Requires data collection organizations, under specified conditions, to notify consumers: (1) at the time of collection that their personally identifiable information may be used for an unrelated transaction purpose; and (2) of any material change in the organization's privacy policy statement immediately after each change.Requires the organizations to establish a privacy policy with respect to the collection, sale, disclosure for consideration, or use of the consumer's information.Requires an organization to provide consumers, without charge, the opportunity to preclude the sale or disclosure of their information to any organization that is not an information-sharing partner. Allows a consumer an opportunity to limit other information practices of the organization.Directs an organization to prepare and implement an information security policy that prevents the unauthorized disclosure or release of a consumer's information.Requires the Federal Trade Commission (FTC) to presume that an organization is in compliance with this Act if it participates in an approved self-regulatory program for an eight-year period.Directs the FTC to: (1) facilitate electronic and promote the use of common identity theft affidavits; (2) require the timely resolution of identity theft disputes; (3) utilize the Identity Theft Clearinghouse to transmit information to appropriate entities for protective action and to mitigate losses; and (4) provide change of address protection for consumers.Requires: (1) the Comptroller General to analyze the impact on U.S. interstate and foreign commerce of information privacy laws, regulations, or agreements enacted, promulgated, or adopted by other nations, and whether the enforcement mechanisms or procedures of them result in discriminatory treatment of U.S. entities; and (2) the Secretary of Commerce, based on such results, to take steps to mitigate against such discriminatory impact.Directs the Secretary to seek harmonization of this Act with other international privacy laws, regulations, and agreements for the advancement of transnational and electronic commerce. | {"src": "billsum_train", "title": "To protect and enhance consumer privacy, and for other purposes."} | 2,100 | 422 | 0.622322 | 2.224996 | 0.661855 | 2.390244 | 5.303523 | 0.850949 |
SECTION 1. SHORT TITLE; REFERENCES.
(a) Short Title.--This Act may be cited as the ``Part-time Student
Assistance Act''.
(b) References.--Except as otherwise expressly provided, whenever
in this Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provision of the
Higher Education Act of 1965 (20 U.S.C. 1001 et seq.).
SEC. 2. SUPPORT FOR WORKING STUDENTS: INCREASES IN INCOME PROTECTION
ALLOWANCES.
(a) Dependent Students.--Section 475(g)(2) (20 U.S.C. 1087oo(g)(2))
is amended by striking subparagraph (D) and inserting the following:
``(D) an income protection allowance of $9,000;''.
(b) Independent Students Without Dependents Other Than a Spouse.--
Section 476(b)(1)(A) (20 U.S.C. 1087pp(b)(1)(A)) is amended by striking
clause (iv) and inserting the following:
``(iv) an income protection allowance of
$12,000;''.
(c) Independent Students With Dependents Other Than a Spouse.--
Section 477(b) (20 U.S.C. 1087qq(b)) is amended--
(1) in paragraph (1)--
(A) by striking subparagraph (D) and inserting the
following:
``(D) an income protection allowance of $12,000;'';
and
(B) in subparagraph (E), by striking ``paragraph
(5)'' and inserting ``paragraph (4)'';
(2) by striking paragraph (4); and
(3) by redesignating paragraph (5) as paragraph (4).
(d) Conforming Amendments.--Section 478 (20 U.S.C. 1087rr) is
amended--
(1) by striking subsection (b) and inserting the following:
``(b) Income Protection Allowance.--For each academic year after
academic year 1993-1994, the Secretary shall publish in the Federal
Register a revised table of income protection allowances for the
purpose of section 475(c)(4). Such revised table shall be developed by
increasing each of the dollar amounts contained in the table in such
section by a percentage equal to the estimated percentage increase in
the Consumer Price Index (as determined by the Secretary) between
December 1992 and the December next preceding the beginning of such
academic year, and rounding the result to the nearest $10.''; and
(2) in subsection (h)--
(A) in the first sentence, by striking
``477(b)(5)'' and inserting ``477(b)(4)''; and
(B) in the second sentence--
(i) by striking ``477(b)(5)(A)'' and
inserting ``477(b)(4)(A)''; and
(ii) by striking ``477(b)(5)(B)'' and
inserting ``477(b)(4)(B)''.
SEC. 3. EXEMPTING EARNED INCOME CREDITS FROM THE CALCULATION OF INCOME.
Section 480(a)(2) (20 U.S.C. 1087vv(a)(2)) is amended by inserting
``or section 32'' after ``section 25A''.
SEC. 4. CHILD CARE MEANS PARENTS IN SCHOOL.
(a) Minimum Grant.--Section 419N(b)(2)(B) (20 U.S.C.
1070e(b)(2)(B)) is amended by striking ``$10,000'' and inserting
``$30,000''.
(b) Eligible Institutions.--Section 419N(b)(4) is amended by
striking ``$350,000'' and inserting ``$250,000''.
(c) Income Eligibility.--Section 419N(b)(7) is amended by striking
``who is eligible to receive'' and inserting ``whose income qualifies
for eligibility for''.
(d) Publicity.--Section 419N(b) is further amended by adding at the
end the following new paragraph:
``(8) Publicity.--The Secretary shall publicize the
availability of grants under this section in appropriate
periodicals in addition to publication in the Federal Register,
and shall inform appropriate educational organizations of such
availability.''.
(e) Authorization of Appropriations.--Section 419N(g) is amended by
striking ``$45,000,000 for fiscal year 1999'' and inserting
``$75,000,000 for fiscal year 2005''.
SEC. 5. YEAR-ROUND PELL GRANTS.
Section 401 (20 U.S.C. 1070a) is amended by adding at the end the
following new subsection:
``(k) Year-Round Pell Grants.--
``(1) Pilot program established.--The Secretary shall
establish in accordance with this subsection a year-round Pell
grant pilot program. Any institution of higher education that
desires to participate in the program under this subsection
shall submit an application the Secretary at such time and
containing or accompanied by such information and assurances as
the Secretary may require. The Secretary may select not more
than 200 institutions of higher education for participation in
the program. The Secretary shall give preference in such
selection to those associate's and bachelor's degree-granting
institutions that, as determined under paragraph (3), have the
highest completion and graduation rates, respectively.
``(2) Program elements.--With respect to students enrolled
in institutions participating in the program under this
subsection, the Secretary is authorized--
``(A) to award such students two Pell grants in one
calendar year to permit such students to accelerating
progress towards their degree or certificate objectives
by enrolling in academic programs for 12 rather than 9
months of the year at participating institutions; and
``(B) to award such two Pell grants to such
students in a total amount up to 133 percent of the
maximum Pell under subsection (b)(2)(A) that is
applicable for the academic year.
``(3) Limitation.--The Secretary shall limit the awarding
of additional Pell grants under this subsection in a single
calendar year to students who attend associate's and bachelor's
degree-granting institutions with the following
characteristics:
``(A) In the case of an associate's degree-granting
institution, the completion rate for the institution of
higher education reported by the Integrated
Postsecondary Education Data System for the preceding 3
academic years has improved by a total of at least 10
percent.
``(B) In the case of a bachelor's degree-granting
institution--
``(i) the graduation rate for the
institution of higher education reported by the
Integrated Postsecondary Education Data System
for the preceding 5 academic years is at least
50 percent; and
``(ii) the average time of enrollment
required to complete a degree at the
institution among students who enter as
freshman and earn bachelor's degrees is 14 or
fewer quarters, or 9 or fewer semesters or the
equivalent.
``(4) Termination; evaluation.--The authority of the
Secretary under this subsection shall cease to be effective on
October 1, 2009. Not later than October 1, 2008, the Secretary
shall conduct an evaluation of the program under this
subsection and submit to the Congress a report on the results
of such evaluation.''.
SEC. 6. ADDITIONAL FIPSE PROGRAM.
(a) Purpose.--It is the purpose of this section--
(1) to allow a demonstration program that is strictly
monitored by the Department of Education to test creative
measure for improving the availability of higher education for
part-time students;
(2) to provide for increased access for part-time students;
and
(3) to help determine the most effective assistance for
part-time students.
(b) New Program Authorized.--Section 741(a) (20 U.S.C. 1138(a)) is
amended--
(1) by striking ``and'' at the end of paragraph (7);
(2) by striking the period at the end of paragraph (8); and
(3) by adding at the end the following new paragraph:
``(9) creating a program to create a holistic approach to
addressing the needs of part-time students at not more than 150
associates and bachelors degree-granting institutions that
would include grants, leveraging funds from non-Federal
sources, comprehensive child care, and better tailored remedial
course programs.''.
(c) Notification and Reports.--Section 743 (20 U.S.C. 1138b) is
amended by adding at the end the following new subsections:
``(c) Procedures and Authorization for Part-Time Student Program.--
``(1) Application.--An eligible entity that desires to
receive a grant under subsection (b)(9) shall submit an
application to the Secretary in such manner and form,
containing such information and assurances, as the Secretary
may reasonably require.
``(2) Selection procedures.--The Secretary shall by
regulation develop a formal procedure for the submissions of
applications for grants under subsection (b)(9) and shall
publish in the Federal Register an announcement of that
procedure and the availability of funds under such part.
``(3) Evaluation.--The Secretary shall evaluate the program
authorized under subsection (b)(9) on an annual basis. Such
evaluations specifically shall review --
``(A) the extent to which the institution has met
the goals set forth in its application to the
Secretary;
``(B) the number of students participating in the
programs offered, including the progress of such
students toward recognized certificates or degrees; and
``(C) what changes, if any, in law would facilitate
both the participation of part-time students in higher
education and increased graduation rates amongst these
students.
``(4) Separate authorizations of appropriations.--There are
authorized to be appropriated to carry out the program
authorized by subsection (b)(9), $100,000,000 for fiscal year
2004 and such sums as may be necessary for each of the five
succeeding fiscal years.''. | Part-time Student Assistance Act - Amends the Higher Education Act of 1965 to provide access and assistance to increase college attendance and completion by part-time students.
Exempts from student aid need formula determinations earnings up to: (1) $9,000 by dependent students; (2) $12,000 by independent students with no dependents (other than spouse); and (3) $12,000 by independent students with dependents (other than spouse). Provides for a formula for a revised table of income protection allowances. Exempts earned income credits from the calculation of income.
Revises and expands a program (child care access means parents in school) which provides grants to institutions of higher education for child care assistance for low-income students.
Directs the Secretary of Education to establish a year-round Pell grant pilot program.
Authorizes a demonstration program to create a holistic approach to addressing the needs of part-time students. Allows such program to: (1) be at up to 150 associates and bachelors degree-granting institutions; and (2) include grants, leveraging funds from non-Federal sources, comprehensive child care, and better tailored remedial course programs. | {"src": "billsum_train", "title": "To provide access and assistance to increase college attendance and completion by part-time students."} | 2,284 | 245 | 0.531399 | 1.547062 | 0.712519 | 3.699115 | 8.641593 | 0.902655 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Horseracing Integrity and Safety Act
of 2013''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Interstate off-track wager; horsemen's group; host
racing association; off-track betting system.--The terms
``interstate off-track wager'', ``horsemen's group'', ``host
racing association'', and ``off-track betting system'' have the
meanings given those terms in section 3 of the Interstate
Horseracing Act of 1978 (15 U.S.C. 3002).
(2) Veterinarian-client-patient relationship.--The term
``veterinarian-client-patient relationship'' has the meaning of
that term as used in the Principles of Veterinary Medical
Ethics of the American Veterinary Medical Association (as in
effect on the date of the enactment of this Act).
SEC. 3. INDEPENDENT ANTI-DOPING ORGANIZATION FOR INTERSTATE
HORSERACING.
(a) In General.--There shall be an independent anti-doping
organization with responsibility for ensuring the integrity and safety
of horseraces that are the subject of interstate off-track wagers.
(b) Duties.--The duties of the independent anti-doping organization
referred to in subsection (a) with respect to horseraces described in
that subsection are the following:
(1) Developing, publishing, and maintaining rules with
respect to--
(A) substances, methods, and treatments that may
not be administered to a horse participating in such a
horserace;
(B) substances, methods, and treatments that may be
administered to a horse participating in such a
horserace in the context of a veterinarian-client-
patient relationship; and
(C) the use of substances, methods, and treatments
permitted under subparagraph (B), including rules with
respect to the period before a horserace (which may not
be less than 24 hours before a horserace) during which
a horse may no longer receive such substances, methods,
and treatments.
(2) Implementing programs relating to anti-doping
education, research, testing, and adjudication to prevent any
horse participating in a horserace described in subsection (a)
from racing under the effect of any substance, method, or
treatment that could affect the performance of the horse (other
than a substance, method, or treatment described in
subparagraph (B) of paragraph (1) administered during a time
period that is permitted under subparagraph (C) of that
paragraph).
(3) Excluding from participating in any horserace described
in subsection (a) any person that the independent anti-doping
organization or a State racing commission determines--
(A) has violated a rule with respect to a
substance, method, or treatment that may not be
administered to a horse participating in such a
horserace under subparagraph (A) of paragraph (1);
(B) has violated 3 or more times a rule with
respect to a substance, method, or treatment permitted
under subparagraphs (B) and (C) of that paragraph that
has the ability to affect the performance of a horse;
or
(C) is subject to a suspension from horseracing
activities by any State racing commission.
(c) Deadline.--The independent anti-doping organization referred to
in subsection (a) shall publish the rules required by subsection (b)
not later than one year after the date of the enactment of this Act.
(d) Suspension of Exclusion Period.--The independent anti-doping
organization referred to in subsection (a) may--
(1) suspend a period of exclusion from participating in a
horserace imposed on a person pursuant to subsection (b)(3) if
the person provides substantial assistance to the organization
or other persons that results in the discovery of--
(A) a violation of a rule published under
subsection (b) by another person; or
(B) a violation of Federal or State law by another
person; and
(2) may reinstate all or part of a period of exclusion
imposed on a person and suspended under paragraph (1) if the
person fails to provide substantial assistance described in
that paragraph.
(e) Consultations.--In developing, publishing, and maintaining
rules under subsection (b)(1), the independent anti-doping organization
referred to in subsection (a) may consult with State racing
commissions, host racing associations, horsemen's groups, and other
interested persons.
(f) Transition Rule With Respect to Furosemide.--During the 2-year
period beginning on the date of the enactment of this Act, the
independent anti-doping organization referred to in subsection (a)
shall permit the use of furosemide in a horse participating in a
horserace described in subsection (a) if--
(1) the horse is 3 years old or older; and
(2) the use of furosemide--
(A) complies with the requirements of the document
entitled ``ARCI-011-020 Medications and Prohibited
Substances'' published by the Association of Racing
Commissioners International, Inc.; and
(B) is within the context of a veterinarian-client-
patient relationship.
(g) Designation of Organization.--The independent anti-doping
organization designated pursuant to section 701 of the Office of
National Drug Control Policy Reauthorization Act of 2006 (21 U.S.C.
2001) shall serve as the independent anti-doping organization referred
to in subsection (a).
SEC. 4. CONSENT REQUIRED FOR ACCEPTANCE OF INTERSTATE OFF-TRACK WAGERS.
(a) In General.--On and after the date of the enactment of this
Act, a host racing association may conduct a horserace that is the
subject of an interstate off-track wager, and an interstate off-track
wager may be accepted by an off-track betting system, only if consent
is obtained from the independent anti-doping organization referred to
in section 3(a).
(b) Requirement for Agreement.--
(1) In general.--A host racing association shall obtain the
consent required by subsection (a) of the independent anti-
doping organization referred to in section 3(a) pursuant to an
agreement entered into between the association and the
organization that specifies the terms and conditions relating
to such consent, including--
(A) compliance with the rules published under
section 3(b); and
(B) payments to the organization to defray the
costs of carrying out the duties of the organization
under this Act.
(2) Defrayal of costs.--The independent anti-doping
organization referred to in section 3(a) shall ensure that all
of the costs incurred by the organization in carrying out the
duties of the organization under this Act are defrayed pursuant
to agreements entered into under paragraph (1). | Horseracing Integrity and Safety Act of 2013 - Requires: (1) there to be an independent anti-doping organization with responsibility for ensuring the integrity and safety of horse races that are the subject of interstate off-track wagers, and (2) the independent anti-doping organization designated pursuant to the Office of National Drug Control Policy Reauthorization Act of 2006 to serve as such organization. Sets forth as the duties of such organization: (1) developing, publishing, and maintaining rules regarding substances, methods, and treatments that may and may not be administered to a horse participating in such a race; (2) implementing programing relating to anti-doping education, research, testing, and adjudication to prevent any horse participating in such a race from racing under the effect of any prohibited substance, method, or treatment; and (3) excluding from participation in any such race any person who is determined to have violated such a rule or who is subject to a suspension from horse racing activities by any state racing commission. Prescribes conditions under which such organization may: (1) suspend the period a person is excluded from participation; and (2) permit the use of furosemide by a horse participating in such a race during the two-year period following enactment of this Act. Permits a host racing association to conduct a horse race that is the subject of an interstate off-track wager, and permits an interstate off-track wager to be accepted by an off-track betting system, only if consent is obtained from such organization. Requires such organization to ensure that all costs incurred in carrying its duties are defrayed pursuant to agreements for such consent. | {"src": "billsum_train", "title": "Horseracing Integrity and Safety Act of 2013"} | 1,543 | 365 | 0.701573 | 1.979111 | 0.835713 | 4.953125 | 4.246875 | 0.921875 |
SECTION 1. SHORT TITLE.
This bill shall be called the ``National Petroleum Reserve Alaska
Access Act''.
SEC. 2. SENSE OF CONGRESS AND REAFFIRMING NATIONAL POLICY FOR THE
NATIONAL PETROLEUM RESERVE IN ALASKA.
It is the sense of Congress that--
(1) the National Petroleum Reserve in Alaska remains
explicitly designated, both in name and legal status, for
purposes of providing oil and natural gas resources to the
United States; and
(2) accordingly, the national policy is to actively advance
oil and gas development within the Reserve by facilitating the
expeditious exploration, production, and transportation of oil
and natural gas from and through the Reserve.
SEC. 3. NATIONAL PETROLEUM RESERVE IN ALASKA: LEASE SALES.
Section 107(a) of the Naval Petroleum Reserves Production Act of
1976 (42 U.S.C. 6506a(a)) is amended to read as follows:
``(a) In General.--The Secretary shall conduct an expeditious
program of competitive leasing of oil and gas in the reserve in
accordance with this Act. Such program shall include at least one lease
sale annually in those areas of the reserve most likely to produce
commercial quantities of oil and natural gas each year in the period
2013 through 2023.''.
SEC. 4. NATIONAL PETROLEUM RESERVE IN ALASKA: PLANNING AND PERMITTING
PIPELINE AND ROAD CONSTRUCTION.
(a) In General.--Notwithstanding any other provision of law, the
Secretary of the Interior, in consultation with other appropriate
Federal agencies, shall facilitate and ensure permits, in a timely and
environmentally responsible manner, for all surface development
activities, including for the construction of pipelines and roads,
necessary to--
(1) develop and bring into production any areas within the
National Petroleum Reserve in Alaska that are subject to oil
and gas leases; and
(2) transport oil and gas from and through the National
Petroleum Reserve in Alaska in the most direct manner possible
to existing transportation or processing infrastructure on the
North Slope of Alaska.
(b) Timeline.--The Secretary shall ensure that any Federal
permitting agency shall issue permits in accordance with the following
timeline:
(1) Permits for such construction for transportation of oil
and natural gas produced under existing Federal oil and gas
leases with respect to which the Secretary has issued a permit
to drill shall be approved within 60 days after the date of
enactment of this Act.
(2) Permits for such construction for transportation of oil
and natural gas produced under Federal oil and gas leases shall
be approved within 6 months after the submission to the
Secretary of a request for a permit to drill.
(c) Plan.--To ensure timely future development of the Reserve,
within 270 days after the date of the enactment of this Act, the
Secretary of the Interior shall submit to Congress a plan for approved
rights-of-way for a plan for pipeline, road, and any other surface
infrastructure that may be necessary infrastructure that will ensure
that all leasable tracts in the Reserve are within 25 miles of an
approved road and pipeline right-of-way that can serve future
development of the Reserve.
SEC. 5. ISSUANCE OF A NEW INTEGRATED ACTIVITY PLAN AND ENVIRONMENTAL
IMPACT STATEMENT.
(a) Issuance of New Integrated Activity Plan.--The Secretary of the
Interior shall, within 180 days after the date of enactment of this
Act, issue--
(1) a new proposed integrated activity plan from among the
non-adopted alternatives in the National Petroleum Reserve
Alaska Integrated Activity Plan Record of Decision issued by
the Secretary of the Interior and dated February 21, 2013; and
(2) an environmental impact statement under section
102(2)(C) of the National Environmental Policy Act of 1969 (42
U.S.C. 4332(2)(C)) for issuance of oil and gas leases in the
National Petroleum Reserve-Alaska to promote efficient and
maximum development of oil and natural gas resources of such
reserve.
(b) Nullification of Existing Record of Decision, IAP, and EIS.--
Except as provided in subsection (a), the National Petroleum Reserve-
Alaska Integrated Activity Plan Record of Decision issued by the
Secretary of the Interior and dated February 21, 2013, including the
integrated activity plan and environmental impact statement referred to
in that record of decision, shall have no force or effect.
SEC. 6. DEPARTMENTAL ACCOUNTABILITY FOR DEVELOPMENT.
The Secretary of the Interior shall issue regulations not later
than 180 days after the date of enactment of this Act that establish
clear requirements to ensure that the Department of the Interior is
supporting development of oil and gas leases in the National Petroleum
Reserve-Alaska.
SEC. 7. DEADLINES UNDER NEW PROPOSED INTEGRATED ACTIVITY PLAN.
At a minimum, the new proposed integrated activity plan issued
under section 5(a)(1) shall--
(1) require the Department of the Interior to respond
within 5 business days to a person who submits an application
for a permit for development of oil and natural gas leases in
the National Petroleum Reserve-Alaska acknowledging receipt of
such application; and
(2) establish a timeline for the processing of each such
application, that--
(A) specifies deadlines for decisions and actions
on permit applications; and
(B) provide that the period for issuing each permit
after submission of such an application shall not
exceed 60 days without the concurrence of the
applicant.
SEC. 8. UPDATED RESOURCE ASSESSMENT.
(a) In General.--The Secretary of the Interior shall complete a
comprehensive assessment of all technically recoverable fossil fuel
resources within the National Petroleum Reserve in Alaska, including
all conventional and unconventional oil and natural gas.
(b) Cooperation and Consultation.--The resource assessment required
by subsection (a) shall be carried out by the United States Geological
Survey in cooperation and consultation with the State of Alaska and the
American Association of Petroleum Geologists.
(c) Timing.--The resource assessment required by subsection (a)
shall be completed within 24 months of the date of the enactment of
this Act.
(d) Funding.--The United States Geological Survey may, in carrying
out the duties under this section, cooperatively use resources and
funds provided by the State of Alaska. | . National Petroleum Reserve Alaska Access Act - (Sec. 2) Expresses the sense of Congress that: (1) the National Petroleum Reserve (NPR) in Alaska remains explicitly designated to provide oil and natural gas resources to the United States, and (2) it is national policy to actively advance oil and gas development within the NPR. (Sec. 3) Amends the Naval Petroleum Reserves Production Act of 1976 to require the mandatory program of competitive leasing of oil and gas in the NPR to include at least one lease sale annually in those areas of the NPR most likely to produce commercial quantities of oil and natural gas each year in the period 2013-2023. (Sec. 4) Directs the Secretary of the Interior to ensure permits according to a specified time line for all surface development activities, including pipelines and roads construction to: (1) develop and bring into production any areas within the NPR that are subject to oil and gas leases, and (2) transport oil and gas from and through the NPR to existing transportation or processing infrastructure on the North Slope of Alaska. Requires the Secretary to ensure that any federal permitting agency shall issue permits for construction for transportation of oil and natural gas under existing federal oil and gas leases with drilling permits within 60 days after enactment of this Act. Requires approval of drilling permits under new federal oil and gas leases within 6 months after submission to the Secretary of a permit request.Directs the Secretary to submit to Congress a plan for approved rights-of-way for any plan for pipeline, road, and any other necessary surface infrastructure that will ensure that all leasable tracts in the NPR are within 25 miles of an approved road and pipeline right-of-way that can serve future development of the NPR. (Sec. 5) Directs the Secretary to issue: (1) a new proposed integrated activity plan from among the non-adopted alternatives in the NPR Alaska Integrated Activity Plan Record of Decision dated February 21, 2013, and (2) an environmental impact statement under the National Environmental Policy Act of 1969 (NEPA) for issuance of oil and gas leases in the NPR-Alaska to promote efficient and maximum development of oil and natural gas resources of such reserve. Nullifies the February 21, 2013, Record of Decision, including its integrated activity plan and environmental impact statement. (Sec. 6) Instructs the Secretary to issue regulations establishing clear requirements to ensure that the Department of the Interior is supporting development of oil and gas leases in the NPR. (Sec. 7) Prescribes requirements for the new proposed integrated activity plan, including a departmental deadline for response to lease development permit applications and a timeline for processing each application. (Sec. 8) Requires the Secretary to assess all technically recoverable fossil fuel resources within the NPR, including all conventional and unconventional oil and natural gas. Directs the U.S. Geological Survey (USGS), in cooperation with the state of Alaska and the American Association of Petroleum Geologists, to carry out and complete the resource assessment within 24 months after enactment of this Act. Authorizes the USGS to use resources and funds provided by the state of Alaska in carrying out such assessment. | {"src": "billsum_train", "title": "National Petroleum Reserve Alaska Access Act"} | 1,382 | 688 | 0.72193 | 2.2471 | 0.751703 | 5.151961 | 2.02451 | 0.923203 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Johnson-O'Malley Supplemental Indian
Education Program Modernization Act''.
SEC. 2. JOHNSON-O'MALLEY SUPPLEMENTAL INDIAN EDUCATION PROGRAM
MODERNIZATION ACT.
The Act of April 16, 1934 (commonly known as the ``Johnson-O'Malley
Act''; 25 U.S.C. 452 et seq.), is amended by adding at the end the
following new section:
``SEC. 7. JOHNSON-O'MALLEY SUPPLEMENTAL INDIAN EDUCATION PROGRAM
MODERNIZATION ACT.
``(a) Establishment.--Notwithstanding any other provision of law,
the Secretary of the Interior, acting through the Assistant Secretary
of Indian Affairs and in conjunction with the Director of the Bureau of
Indian Education, shall establish a program to enter into contracts
with eligible entities that have or serve Indian students to provide
educational benefits to such Indian students.
``(b) Uses of Funds.--An eligible entity that enters into a
contract under subsection (a) shall use the funds available under the
contract to provide educational benefits to Indian students, by--
``(1) carrying out programs or expanding programs in
existence before the contract period that provide--
``(A) remedial instruction, counseling, and
cultural programs;
``(B) selected courses related to the academic and
professional disciplines of science, technology,
engineering, and mathematics;
``(C) important needs, such as school supplies and
items that enable recipients to participate in
curricular and extra-curricular programs; and
``(D) program activities that were available to
Indian students under contracts entered into under this
Act before October 1, 2012;
``(2) the establishment of targeted and culturally
sensitive dropout prevention activities; and
``(3) the purchase of equipment to facilitate training for
professional trade skills and intensified college preparation
programs.
``(c) Funding.--The Secretary shall transfer to the Bureau of
Indian Education the funds necessary to carry out this section.
``(d) Computation of Awards.--
``(1) Determination of total students.--Except as provided
under paragraph (2), for the purpose of computing the amount
that an eligible entity may receive under a contract entered
into under subsection (a) for any fiscal year, the Secretary
shall--
``(A) determine the number of Indian students who
were in average daily attendance in the schools of the
public school districts served by the eligible entity,
and for whom such school districts provided free public
education during the preceding school year; and
``(B) provide a minimum of $125 per Indian student
described in subparagraph (A).
``(2) Hold harmless.--In the case of an eligible entity
that has or serves eligible Indian children attending a public
school that has been afforded supplemental services under a
contract entered into under this Act on or before October 1,
1995, such eligible entity shall receive an amount under a
contract entered into under subsection (a) that is at least
equal to the amount that such eligible entity would have
received under the contract entered into under this Act on or
before October 1, 1995.
``(e) Data Use.--
``(1) In general.--For purposes of the calculation under
subsection (d)(1), the Secretary shall use data for a public
school district from not later than the fiscal year preceding
the fiscal year for which the eligible entity involved is
applying for a contract under subsection (a).
``(2) Tribal organization.--In the case of a tribal
organization that has been established by the Bureau of Indian
Affairs on or after October 1, 2012, such tribal organization,
shall, for the first year of operation of such organization, be
based on data for the public school districts served by the
organization for the fiscal year for which the organization is
applying for a contract under subsection (a).
``(f) Geographic Coverage and Enhanced Participation.--In entering
into contracts under subsection (a), the Secretary shall, to the extent
practicable, ensure full geographic coverage and the full participation
of all federally recognized tribes and school districts that have not
entered into a contract under this Act before fiscal year 2015.
``(g) Complementary Program Participants.--In entering into
contracts under subsection (a), the Secretary may give preference a
consortium of tribal organizations, to encourage as many students and
professionals as possible to benefit from the program established under
this section, including such a consortium that includes a Tribal
college or university.
``(h) Annual Report.--The Secretary shall include in the Department
of the Interior fiscal year annual budget request to Congress an annual
assessment of the program established under this section.
``(i) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for carrying out this section such sums
as may be necessary.
``(j) Definitions.--
``(1) Eligible entity.--The term `eligible entity' means
a--
``(A) tribal organization;
``(B) Indian Corporation;
``(C) public school district;
``(D) State; or
``(E) a consortium of tribal organizations.
``(2) ESEA terms.--The terms `elementary school',
`secondary school', and `State' have the meanings given such
terms in section 9101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801).
``(3) Indian student.--The term `Indian student' means a
student who--
``(A) attends a public school district; and
``(B) is between age 3 and grade 12, and--
``(i) resides on or near an Indian
reservation;
``(ii) is an enrolled member, or at least
one-fourth or more degree of Indian blood
descendant, of a member of a federally
recognized Indian tribal government eligible
for service by the Bureau of Indian Affairs; or
``(iii) is an Alaska Native.
``(4) Public school district.--The term `public school
district' means a school district that--
``(A) serves public elementary schools or public
secondary schools; and
``(B) has established or will establish local
committees under section 5 of this Act or is using a
committee or Indian advisory school board described in
such section 5 to approve supplementary or operational
support programs beneficial to Indian students,
including the programs described in paragraphs (1)
through (3) of subsection (b).
``(5) Secretary.--The term `Secretary' means the Secretary
of the Interior.
``(6) Tribal college or university.--The term `Tribal
college or university' has the meaning given the term in
section 316(b)(3) of the Higher Education Act of 1965 (20
U.S.C. 1059c(b)(3)).
``(7) Tribal organization.--The term `Tribal organization'
means any tribe, band, or community of Indians which is subject
to the laws of the United States relating to Indian affairs or
any corporation, association, or group which is organized under
any of such laws including Indian Education Consortiums and
Tribal Colleges and Universities.''. | Johnson-O'Malley Supplemental Indian Education Program Modernization Act - Amends the Johnson-O'Malley Act to direct the Secretary of the Interior to enter into contracts with tribal organizations, Indian corporations, public school districts, or states to provide educational benefits to Indian students who attend public elementary or secondary schools. Requires contract funds to be used for: remedial instruction, counseling, and cultural programs; science, technology, engineering, and mathematics (STEM) courses; important needs, such as school supplies and items that enable students to participate in curricular and extra-curricular programs; program activities that were available to Indian students under contracts entered into under the Act before October 1, 2012; targeted and culturally sensitive dropout prevention activities; and equipment to facilitate training for professional trade skills and intensified college preparation programs. Determines the amount of funds each contractor is to receive by: (1) determining the number of Indian students who were in average daily attendance and receiving a free public education in the public schools of the school districts served by the contractor in the preceding school year, and (2) providing the contractor a minimum amount for each of those students. Authorizes the Secretary to give a contracting preference to a consortium of tribal organizations. | {"src": "billsum_train", "title": "Johnson-O'Malley Supplemental Indian Education Program Modernization Act"} | 1,601 | 261 | 0.714153 | 2.110272 | 0.862667 | 3.655462 | 6.252101 | 0.89916 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Petroleum Supply Act''.
SEC. 2. PURCHASES FROM THE STRATEGIC PETROLEUM RESERVE BY ENTITIES IN
THE INSULAR AREAS OF THE UNITED STATES.
(a) General Provisions.--Section 161 of the Energy Policy and
Conservation Act (42 U.S.C. 6241) is amended by adding at the end the
following new subsection:
``(j)(1) With respect to each offering of a quantity of petroleum
product during a drawdown of the Strategic Petroleum Reserve:
``(A) A purchaser located in an eligible insular area of
the United States, in addition to having the opportunity to
submit a competitive bid, may submit (at the time bids are due)
a binding offer, and shall on submission of the bid be entitled
to purchase a category of a petroleum product specified in a
notice of sale at a price equal to the average of the
successful bids made for the remaining quantity of petroleum
product within the category that is the subject of the
offering.
``(B) A vessel that arrives at a delivery line of the
Strategic Petroleum Reserve to take on a petroleum product for
delivery to a purchaser located in an eligible insular area of
the United States shall be loaded ahead of other vessels
waiting for delivery if the Governor or other chief executive
officer of the eligible insular area of the United States
certifies that delivery must be expedited to avert a critical
supply shortage in the eligible insular area of the United
States.
``(2)(A) In administering this subsection, and with regard to each
offering, the Secretary may impose the limitation described in
subparagraph (B) or (C) that results in the purchase of the lesser
quantity of petroleum product.
``(B) The Secretary may limit the quantity that any one purchaser
may purchase through a binding offer at any one offering to \1/12\ of
the total quantity of petroleum products that the purchaser imported
during the previous year.
``(C)(i) Subject to clause (ii), the Secretary may limit the
quantity that may be purchased through binding offers at any one
offering to 3 percent of the offering.
``(ii) If the Secretary imposes the limitation stated in clause
(i), the Secretary shall prorate the quantity among the purchasers who
submitted binding offers.
``(3) In administering this subsection, and with regard to each
offering, the Secretary shall, at the request of a purchaser--
``(A) if the quantity is less than 50 percent of 1 full
tanker load less than a whole-number increment of a full tanker
load of a petroleum product, adjust upward, to the next whole-
number increment of a full tanker load, the quantity to be sold
to the purchaser; or
``(B) if the quantity is 50 percent of 1 full tanker load
more than a whole-number increment of a full tanker load of a
petroleum product, adjust downward, to the next whole-number
increment of a full tanker load, the quantity to be sold to the
purchaser.
``(4)(A) Except as provided in subparagraph (B), petroleum products
purchased through binding offers pursuant to this subsection shall be
delivered to the eligible insular area of the United States.
``(B) Purchasers may enter into exchange or processing agreements
that require delivery to other locations.
``(5) As used in this subsection:
``(A) The term `eligible insular area of the United States'
means the State of Hawaii, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands.
``(B) The term `offering' means a solicitation for bids to
be submitted not later than any specified day for a quantity or
quantities of crude oil or petroleum product from a delivery
line of the Strategic Petroleum Reserve.''.
(b) Effective Dates.--The amendments made by subsection (a) shall
remain in effect until such time as the Secretary promulgates and
implements regulations pursuant to section 3.
SEC. 3. REGULATIONS.
(a) Definitions.--For the purposes of this section--
(1) the term ``insular area'' means the State of Hawaii,
the Commonwealth of Puerto Rico, the Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern Mariana
Islands; and
(2) the term ``eligible purchaser'' means--
(A) an insular area government; or
(B) a person who owns a refinery that--
(i) is located in an insular area; or
(ii) has supplied refined petroleum product
to an insular area within the year immediately
preceding the sale, or within another period
the Secretary determines to be representative
of recent imports to the insular area.
(b) In General.--The Secretary shall issue regulations that provide
benefits for insular areas during the sale of petroleum product
withdrawn from the Strategic Petroleum Reserve.
(c) Content.--The regulations issued under subsection (a)--
(1) shall permit an eligible purchaser to purchase
petroleum product--
(A) at a price equal to the average price of
comparable quality petroleum product sold at the
contemporaneous competitive sale of petroleum product
withdrawn from the Strategic Petroleum Reserve; or
(B) if no comparable quality petroleum product sold
at the contemporaneous competitive sale, at a price
estimated by the Secretary to be equivalent to the
price described in subparagraph (A);
(2) shall provide for priority cargo lifting of petroleum
product purchased by an eligible purchaser at a competitive
sale or under paragraph (1);
(3) may limit the amount of petroleum product that may be
purchased under paragraph (1) during a sales period--
(A) by an eligible purchaser, to no less than \1/
12\ of the total amount of petroleum product that the
purchaser brought into an insular area during the year
immediately preceding the sale or during another period
the Secretary determines to be representative of recent
imports to the insular area; or
(B) by all eligible purchasers, to no less than 3
percent of the amount of petroleum product offered for
sale during the sales period prorated among the
eligible purchasers;
(4) may provide that, at the request of a purchaser, the
quantity of petroleum product to be sold to the purchaser may
be adjusted upward or downward, to the next whole-number
increment of a full tanker load, if the quantity that otherwise
would be sold is less than a whole-number increment;
(5) may establish procedures for qualifying an entity as an
eligible person before a sale of petroleum product withdrawn
from the Strategic Petroleum Reserve;
(6) may require an eligible purchaser to comply with
financial and performance responsibility requirements applied
to offerors in competitive sale;
(7) except as otherwise provided by this subsection, may
require an eligible purchaser who purchases petroleum product
under paragraph (1) to comply with standard contract provisions
applied to purchasers at competitive sales;
(8) may ensure, to the extent practicable, that an eligible
purchaser who receives benefits under paragraph (1) or (2)
passes on the benefits to an insular area;
(9) may require an eligible purchaser who receives benefits
under paragraph (1) or (2) to furnish the Secretary with
documents and other appropriate information to determine
compliance with this subsection; and
(10) may establish procedures for imposing sanctions on an
eligible purchaser who receives benefits under paragraph (1) or
(2) and who does not comply with the requirements of this
subsection.
(d) Plan Amendments.--No amendment of the Strategic Petroleum
Reserve Plan or the Distribution Plan contained in the Strategic
Petroleum Reserve Plan is required for any action taken under this
subsection if the Secretary determines that an amendment to the plan is
necessary to carry out this section.
(e) Administrative Procedure.--Regulations issued to carry out this
subsection shall not be subject to the requirements of section 523 of
the Energy Policy and Conservation Act (42 U.S.C. 6393) or of section
501 of the Department of Energy Organization Act (42 U.S.C. 7191). | Emergency Petroleum Supply Act - Amends the Energy Policy and Conservation Act to prescribe guidelines to expedite purchases and deliveries from the Strategic Petroleum Reserve to entities in eligible insular areas of the United States (Hawaii, Puerto Rico, Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands) in the event of an oil supply disruption.
Instructs the Secretary of Energy to promulgate regulations to provide certain benefits for such areas during the sale of petroleum product withdrawn from the Reserve. | {"src": "billsum_train", "title": "Emergency Petroleum Supply Act"} | 1,774 | 110 | 0.496268 | 1.309069 | 0.450938 | 3.615385 | 18.428571 | 0.89011 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Meat and Poultry Products Inspection
Amendments of 1997''.
SEC. 2. FEDERAL AND STATE COOPERATION UNDER THE FEDERAL MEAT INSPECTION
ACT.
(a) Removal of Intrastate Distribution Limitation.--Subsection
(a)(1) of section 301 of the Federal Meat Inspection Act (21 U.S.C.
661) is amended by striking ``solely for distribution within such
State.''.
(b) Use of State Inspectors.--Subsection (a) of such section is
amended by adding at the end the following new paragraph:
``(5) In addition to appointing inspectors under section
21, the Secretary may enter into agreements to utilize officers
and employees of a State or the District of Columbia to conduct
such examinations, investigations, and inspections authorized
under this Act as the Secretary determines practicable.''.
(c) Termination of Designation of State as Subject to Federal
Inspection for Intrastate Distribution.--Subsection (c)(3) of such
section is amended by striking ``, with respect to the operations and
transactions within such State which are regulated under subparagraph
(1), he'' and inserting ``with respect to all establishments within its
jurisdiction which do not operate under Federal inspection under title
I and at which any cattle, sheep, swine, goats, or equines are
slaughtered, or their carcasses, or parts or products thereof, are
prepared, for use as human food, and with respect to the distribution
of carcasses, parts thereof, meat, or meat food products of such
animals within the States, the Secretary''.
(d) Expansion of State Inspection Authority.--Such section is
further amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection:
``(d)(1) Except as provided in paragraph (2), carcasses, parts of
carcasses, meat, and meat food products of cattle, sheep, swine, goats,
or equines prepared under State inspection in any State (other than a
State designated under subsection (c)) in compliance with the meat
inspection law of the State shall be eligible for sale or
transportation in interstate commerce, and for entry into and use in
the preparation of products in establishments at which Federal
inspection is maintained under title I, in the same manner and to the
same extent as products prepared at such establishments.
``(2) State inspected articles described in paragraph (1), and
federally inspected articles prepared (in whole or in part) from such
State inspected articles--
``(A) shall not be eligible for sale or transportation in
foreign commerce; and
``(B) shall be separated at all times from all other
federally inspected articles in any federally inspected
establishment that engages in the preparation, sale, or
transportation of carcasses, parts of carcasses, meat, or meat
food products, for foreign commerce.
``(3) All carcasses, parts of carcasses, meat, and meat food
products that are inspected in a program of inspection in a State
(other than a State designated under subsection (c)) pursuant to State
law shall be identified as so inspected only by official marks that
identify the State and are such design as the State shall prescribe.
Federally inspected articles prepared (in whole or in part) from such
State inspected articles shall be identified as so inspected only by
the same official marks as prescribed by the Secretary for articles
slaughtered or prepared under title I.
``(4) Except as provided in paragraph (5), the operator of an
establishment operated under Federal or State inspection who wishes to
transfer to State or Federal inspection, as the case may be, may do so
only on October 1 of any year. Such transfer shall occur only if--
``(A) the operator provides written notice of the intention
to transfer to both inspection agencies at least six months in
advance of that date; and
``(B) the Secretary determines that the transfer will
effectuate the purposes set forth in section 2 and will not
adversely affect the stability of the total State and Federal
inspection systems.
``(5) The Secretary may permit the operator of an establishment to
transfer from State to Federal inspection at any time if the operator
presents clear and convincing evidence to the Secretary that the
establishment intends to, and will be able to, engage in foreign
commerce to a substantial extent in a manner which would require
Federal inspection.
``(6) For purposes of this subsection, the term `interstate
commerce' means commerce between States or between a State and the
District of Columbia.''.
(e) Prohibition on Additional or Different State Requirements.--
Section 408 of such Act (21 U.S.C. 678) is amended to read as follows:
``SEC. 408. PROHIBITION ON ADDITIONAL OR DIFFERENT STATE REQUIREMENTS.
``(a) Requirements Regarding Premises, Facilities, Operations, and
Recordkeeping.--Requirements within the scope of this Act with respect
to premises, facilities and operations of any establishment at which
inspection is provided under title I, which are in addition to (or
different than) those made under this Act may not be imposed by any
State or Territory or the District of Columbia. However, any such
jurisdiction may impose recordkeeping and other requirements within the
scope of section 202, if consistent with such section, with respect to
any such establishment.
``(b) Requirements Regarding Marking, Labeling, Packaging, and
Ingredients.--Marking, labeling, packaging, or ingredient requirements
in addition to (or different than) those made under this Act may not be
imposed by any State or Territory or the District of Columbia with
respect to articles prepared at any establishment under Federal
inspection in accordance with the requirements of title I or with
respect to articles prepared for commerce at any State inspected
establishment in accordance with the requirements of section 301(d).
``(c) Concurrent Jurisdiction.--A State or territory or the
District of Columbia may, consistent with the requirements under this
Act, exercise concurrent jurisdiction with the Secretary over articles
distributed in commerce or otherwise subject to this Act, for the
purpose of preventing the distribution for human food purposes of any
such articles which are not in compliance with the requirements under
this Act and are outside of any federally or State inspected
establishment, or in the case of imported articles, which are not at
such an establishment, after their entry into the United States.
``(d) Other Activities.--This Act shall not preclude any State or
Territory or the District of Columbia from imposing a requirement or
taking other action, consistent with this Act, with respect to any
other matters regulated under this Act.''.
SEC. 3. FEDERAL AND STATE COOPERATION UNDER THE POULTRY PRODUCTS
INSPECTION ACT.
(a) Removal of Intrastate Distribution Limitation.--Subsection
(a)(1) of section 5 of the Poultry Products Inspection Act (21 U.S.C.
454) is amended by striking ``solely for distribution within such
State.''.
(b) Use of State Inspectors.--Subsection (a) of such section is
amended by adding at the end the following new paragraph:
``(5) The Secretary may enter into agreements to utilize
officers and employees of a State or the District of Columbia
to conduct such examinations, investigations, and inspections
authorized under this Act as the Secretary determines
practicable.''.
(c) Termination of Designation of State as Subject to Federal
Inspection for Intrastate Distribution.--Subsection (c)(3) of such
section is amended by striking ``, with respect to the operations
and transactions within such State which are regulated under
subparagraph (1) of this paragraph (c), he'' and inserting ``with
respect to all establishments within its jurisdiction which do not
operate under Federal inspection under this Act and at which any
poultry are slaughtered, or any poultry products are processed, for use
as human food, and with respect to the distribution of poultry products
within the States, the Secretary''.
(d) Expansion of State Inspection Authority.--Such section is
further amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection:
``(d)(1) Except as provided in paragraph (2), poultry products
processed under State inspection in any State (other than a State
designated under subsection (c)) in compliance with the poultry
products inspection law of the State shall be eligible for sale or
transportation in interstate commerce, and for entry into and use in
the preparation of products in establishments at which Federal
inspection is maintained under this Act, in the same manner and to the
same extent as poultry products processed at such establishments.
Poultry products complying with the requirements of the poultry product
inspection laws of the State (other than a State designated under
subsection (c)) in which the products were processed shall be
considered as complying with this Act.
``(2) State inspected poultry products described in paragraph (1),
and federally inspected poultry products processed (in whole or in
part) from such State inspected poultry products--
``(A) shall not be eligible for sale or transportation in
foreign commerce; and
``(B) shall be separated at all times from all other
federally inspected poultry products in any federally inspected
establishment that engages in the processing, sale, or
transportation of poultry products for foreign commerce.
``(3) All poultry products that are inspected in a program of
inspection in a State (other than a State designated under subsection
(c)) pursuant to State law shall be identified as so inspected only by
official marks that identify the State and are such design as the State
shall prescribe. Federally inspected poultry products processed (in
whole or in part) from such State inspected poultry products shall be
identified as so inspected only by the same official marks as
prescribed by the Secretary for poultry products processed under this
Act (other than this section or section 11).
``(4) Except as provided in paragraph (5), the operator of an
establishment operated under Federal or State inspection who wishes to
transfer to State or Federal inspection, as the case may be, may do so
only on October 1 of any year. Such transfer shall occur only if--
``(A) the operator provides written notice of the intention
to transfer to both inspection agencies at least six months in
advance of that date; and
``(B) the Secretary determines that the transfer will
effectuate the legislative policy set forth in section 3 and
will not adversely affect the stability of the total State and
Federal inspection systems.
``(5) The Secretary may permit the operator of an establishment to
transfer from State to Federal inspection at any time if the operator
presents clear and convincing evidence to the Secretary that the
establishment intends to, and will be able to, engage in foreign
commerce to a substantial extent in a manner which would require
Federal inspection.
``(6) For purposes of this subsection, the term `interstate
commerce' means commerce between States or between a State and the
District of Columbia.''.
(e) Prohibition on Additional or Different State Requirements.--
Section 23 of such Act (21 U.S.C. 467e) is amended to read as follows:
``SEC. 23. PROHIBITION ON ADDITIONAL OR DIFFERENT STATE REQUIREMENTS.
``(a) Requirements Regarding Premises, Facilities, Operations, and
Recordkeeping.--Requirements within the scope of this Act with respect
to premises, facilities and operations of any official establishment,
which are in addition to, or different than those made under this Act
may not be imposed by any State or territory or the District of
Columbia. However, any such jurisdiction may impose recordkeeping and
other requirements within the scope of section 11(b), if consistent
with such section, with respect to any such establishment.
``(b) Requirements Regarding Marking, Labeling, Packaging, and
Ingredients.--Marking, labeling, packaging, or ingredient requirements
in addition to (or different than) those made under this Act may not be
imposed by any State or territory or the District of Columbia with
respect to articles prepared at any establishment under Federal
inspection in accordance with the requirements of this Act or with
respect to articles prepared for commerce at any State inspected
establishment in accordance with the requirements of section 5(d).
Further storage or handling requirements found by the Secretary to
unduly interfere with the free flow of poultry products in commerce
shall not be imposed by any State or territory or the District of
Columbia.
``(c) Concurrent Jurisdiction.--A State or territory or the
District of Columbia may, consistent with the requirements of this Act,
exercise concurrent jurisdiction with the Secretary over articles
distributed in commerce or otherwise subject to this Act, for the
purpose of preventing the distribution for human food purposes of any
such articles which are not in compliance with the requirements of this
Act and are outside of any federally or State inspected establishment,
or in the case of imported articles, which are not at such an
establishment, after their entry into the United States.
``(d) Other Activities.--This Act shall not preclude any State or
territory or the District of Columbia from making requirements or
taking other action, consistent with this Act, with respect to any
other matters regulated under this Act.''. | Meat and Poultry Products Inspection Amendments of 1997 - Amends the Federal Meat Inspection Act and the Poultry Products Inspection Act with respect to Federal and State cooperation to: (1) eliminate the intrastate limitation; (2) increase State inspection authority, including use of State inspectors; and (3) prohibit additional or different State requirements. | {"src": "billsum_train", "title": "Meat and Poultry Products Inspection Amendments of 1997"} | 2,943 | 70 | 0.602058 | 1.437024 | 0.858353 | 2.984375 | 43.140625 | 0.859375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Spokane Tribe of Indians of the
Spokane Reservation Equitable Compensation Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) from 1927 to 1931, at the direction of Congress, the
Corps of Engineers investigated the Columbia River and its
tributaries to determine sites at which power could be produced
at low cost;
(2) under section 10(e) of the Federal Power Act (16 U.S.C.
803(e)), when licenses are issued involving tribal land within
an Indian reservation, a reasonable annual charge shall be
fixed for the use of the land, subject to the approval of the
Indian tribe having jurisdiction over the land;
(3) in August 1933, the Columbia Basin Commission, an
agency of the State of Washington, received a preliminary
permit from the Federal Power Commission for water power
development at the Grand Coulee site;
(4) had the Columbia Basin Commission or a private entity
developed the site, the Spokane Tribe would have been entitled
to a reasonable annual charge for the use of the land of the
Spokane Tribe;
(5) in the mid-1930s, the Federal Government, which is not
subject to licensing under the Federal Power Act (16 U.S.C. 792
et seq.)--
(A) federalized the Grand Coulee Dam project; and
(B) began construction of the Grand Coulee Dam;
(6) when the Grand Coulee Dam project was federalized, the
Federal Government recognized that--
(A) development of the project affected the
interests of the Spokane Tribe and the Confederated
Tribes of the Colville Reservation; and
(B) it would be appropriate for the Spokane and
Colville Tribes to receive a share of revenue from the
disposition of power produced at Grand Coulee Dam;
(7) in the Act of June 29, 1940 (16 U.S.C. 835d et seq.),
Congress--
(A) granted to the United States--
(i) in aid of the construction, operation,
and maintenance of the Columbia Basin Project,
all the right, title, and interest of the
Spokane Tribe and Colville Tribes in and to the
tribal and allotted land within the Spokane and
Colville Reservations, as designated by the
Secretary of the Interior from time to time;
and
(ii) other interests in that land as
required and as designated by the Secretary for
certain construction activities undertaken in
connection with the project; and
(B) provided that compensation for the land and
other interests was to be determined by the Secretary
in such amounts as the Secretary determined to be just
and equitable;
(8) pursuant to that Act, the Secretary paid--
(A) to the Spokane Tribe, $4,700; and
(B) to the Confederated Tribes of the Colville
Reservation, $63,000;
(9) in 1994, following litigation under the Act of August
13, 1946 (commonly known as the ``Indian Claims Commission
Act'' (60 Stat. 1049, chapter 959; former 25 U.S.C. 70 et
seq.)), Congress ratified the Colville Settlement Agreement,
which required--
(A) for past use of the land of the Colville
Tribes, a payment of $53,000,000; and
(B) for continued use of the land of the Colville
Tribes, annual payments of $15,250,000, adjusted
annually based on revenues from the sale of electric
power from the Grand Coulee Dam project and
transmission of that power by the Bonneville Power
Administration;
(10) the Spokane Tribe, having suffered harm similar to
that suffered by the Colville Tribes, did not file a claim
within the 5-year statute of limitations under the Indian
Claims Commission Act;
(11) neither the Colville Tribes nor the Spokane Tribe
filed claims for compensation for use of the land of the
respective tribes with the Commission prior to August 13, 1951,
but both tribes filed unrelated land claims prior to August 13,
1951;
(12) in 1976, over objections by the United States, the
Colville Tribes were successful in amending the 1951 Claims
Commission land claims to add the Grand Coulee claim of the
Colville Tribes;
(13) the Spokane Tribe had no such claim to amend, having
settled the Claims Commission land claims of the Spokane Tribe
with the United States in 1967;
(14) the Spokane Tribe has suffered significant harm from
the construction and operation of Grand Coulee Dam;
(15) Spokane tribal acreage taken by the United States for
the construction of Grand Coulee Dam equaled approximately 39
percent of Colville tribal acreage taken for construction of
the dam;
(16) the payments and delegation made pursuant to this Act
constitute fair and equitable compensation for the past and
continued use of Spokane tribal land for the production of
hydropower at Grand Coulee Dam; and
(17) by vote of the Spokane tribal membership, the Spokane
Tribe has resolved that the payments and delegation made
pursuant to this Act constitute fair and equitable compensation
for the past and continued use of Spokane tribal land for the
production of hydropower at Grand Coulee Dam.
SEC. 3. PURPOSE.
The purpose of this Act is to provide fair and equitable
compensation to the Spokane Tribe for the use of the land of the
Spokane Tribe for the generation of hydropower by the Grand Coulee Dam.
SEC. 4. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Bonneville Power Administration or the
head of any successor agency, corporation, or entity that
markets power produced at Grand Coulee Dam.
(2) Colville settlement agreement.--The term ``Colville
Settlement Agreement'' means the Settlement Agreement entered
into between the United States and the Colville Tribes, signed
by the United States on April 21, 1994, and by the Colville
Tribes on April 16, 1994, to settle the claims of the Colville
Tribes in Docket 181-D of the Indian Claims Commission, which
docket was transferred to the United States Court of Federal
Claims.
(3) Colville tribes.--The term ``Colville Tribes'' means
the Confederated Tribes of the Colville Reservation.
(4) Computed annual payment.--The term ``Computed Annual
Payment'' means the payment calculated under paragraph 2.b. of
the Colville Settlement Agreement, without regard to any
increase or decrease in the payment under section 2.d. of the
agreement.
(5) Confederated tribes act.--The term ``Confederated
Tribes Act'' means the Confederated Tribes of the Colville
Reservation Grand Coulee Dam Settlement Act (Public Law 103-
436; 108 Stat. 4577).
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) Spokane business council.--The term ``Spokane Business
Council'' means the governing body of the Spokane Tribe under
the constitution of the Spokane Tribe.
(8) Spokane tribe.--The term ``Spokane Tribe'' means the
Spokane Tribe of Indians of the Spokane Reservation,
Washington.
SEC. 5. PAYMENTS BY ADMINISTRATOR.
(a) Initial Payment.--On March 1, 2020, the Administrator shall pay
to the Spokane Tribe an amount equal to 25 percent of the Computed
Annual Payment for fiscal year 2019.
(b) Subsequent Payments.--
(1) In general.--Not later than March 1, 2021, and March 1
of each year thereafter through March 1, 2029, the
Administrator shall pay the Spokane Tribe an amount equal to 25
percent of the Computed Annual Payment for the preceding fiscal
year.
(2) March 1, 2030, and subsequent years.--Not later than
March 1, 2030, and March 1 of each year thereafter, the
Administrator shall pay the Spokane Tribe an amount equal to 32
percent of the Computed Annual Payment for the preceding fiscal
year.
SEC. 6. TREATMENT AFTER AMOUNTS ARE PAID.
(a) Use of Payments.--Payments made to the Spokane Business Council
or Spokane Tribe under section 5 may be used or invested by the Spokane
Business Council in the same manner and for the same purposes as other
Spokane Tribe governmental amounts.
(b) No Trust Responsibility of the Secretary.--Neither the
Secretary nor the Administrator shall have any trust responsibility for
the investment, supervision, administration, or expenditure of any
amounts after the date on which the funds are paid to the Spokane
Business Council or Spokane Tribe under section 5.
(c) Treatment of Funds for Certain Purposes.--The payments of all
amounts to the Spokane Business Council and Spokane Tribe under section
5, and the interest and income generated by those amounts, shall be
treated in the same manner as payments under section 6 of the Saginaw
Chippewa Indian Tribe of Michigan Distribution of Judgment Funds Act
(100 Stat. 677).
(d) Tribal Audit.--After the date on which amounts are paid to the
Spokane Business Council or Spokane Tribe under section 5, the amounts
shall--
(1) constitute Spokane Tribe governmental amounts; and
(2) be subject to an annual tribal government audit.
SEC. 7. REPAYMENT CREDIT.
(a) In General.--The Administrator shall deduct from the interest
payable to the Secretary of the Treasury from net proceeds (as defined
in section 13 of the Federal Columbia River Transmission System Act (16
U.S.C. 838k))--
(1) in fiscal year 2030, $2,700,000; and
(2) in each subsequent fiscal year in which the
Administrator makes a payment under section 5, $2,700,000.
(b) Crediting.--
(1) In general.--Except as provided in paragraphs (2) and
(3), each deduction made under this section for the fiscal year
shall be--
(A) a credit to the interest payments otherwise
payable by the Administrator to the Secretary of the
Treasury during the fiscal year in which the deduction
is made; and
(B) allocated pro rata to all interest payments on
debt associated with the generation function of the
Federal Columbia River Power System that are due during
the fiscal year.
(2) Deduction greater than amount of interest.--If, in an
applicable fiscal year under paragraph (1), the deduction is
greater than the amount of interest due on debt associated with
the generation function for the fiscal year, the amount of the
deduction that exceeds the interest due on debt associated with
the generation function shall be allocated pro rata to all
other interest payments due during the fiscal year.
(3) Credit.--To the extent that a deduction exceeds the
total amount of interest described in paragraphs (1) and (2),
the deduction shall be applied as a credit against any other
payments that the Administrator makes to the Secretary of the
Treasury.
SEC. 8. EXTINGUISHMENT OF CLAIMS.
On the date that payment under section 5(a) is made to the Spokane
Tribe, all monetary claims that the Spokane Tribe has or may have
against the United States to a fair share of the annual hydropower
revenues generated by the Grand Coulee Dam project for the past and
continued use of land of the Spokane Tribe for the production of
hydropower at Grand Coulee Dam shall be extinguished.
SEC. 9. ADMINISTRATION.
Nothing in this Act establishes any precedent or is binding on the
Southwestern Power Administration, Western Area Power Administration,
or Southeastern Power Administration.
Passed the Senate October 4, 2018.
Attest:
JULIE E. ADAMS,
Secretary. | Spokane Tribe of Indians of the Spokane Reservation Equitable Compensation Act This bill establishes the Spokane Tribe of Indians Recovery Trust Fund to compensate the Spokane Business Council for the use of tribal lands for the generation of hydropower from the Grand Coulee Dam. The council must prepare a plan for the use of those payments to promote any combination of: (1) economic development; (2) infrastructure development; or (3) educational, health, recreational, and social welfare objectives of the tribe and its members. The Bonneville Power Administration must make specified settlement payments to the tribe. Payments made to the council or tribe may be used or invested by the council in the same manner as other tribal governmental funds. Deposit of amounts in the fund extinguishes all monetary claims that the tribe may have against the United States to a fair share of the annual hydropower revenues generated by the Grand Coulee Dam. | {"src": "billsum_train", "title": "Spokane Tribe of Indians of the Spokane Reservation Equitable Compensation Act"} | 2,605 | 197 | 0.508613 | 1.612565 | 0.700191 | 3.529412 | 13.576471 | 0.847059 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nonitemizer Real Property Tax
Deduction Act of 2006''.
SEC. 2. ADDITIONAL STANDARD DEDUCTION FOR REAL PROPERTY TAXES FOR
NONITEMIZERS.
(a) In General.--Section 63(c)(1) (defining standard deduction) is
amended by striking ``and'' at the end of subparagraph (A), by striking
the period at the end of subparagraph (B) and inserting ``, and'', and
by adding at the end the following new subparagraph:
``(C) the real property tax deduction.''.
(b) Definition.--Section 63(c) is amended by adding at the end the
following new paragraph:
``(8) Real property tax deduction.--For purposes of
paragraph (1), the real property tax deduction is so much of
the amount of State and local real property taxes (within the
meaning of section 164) paid or accrued by the taxpayer during
the taxable year which do not exceed $500 ($1,000 in the case
of a joint return).''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2006.
SEC. 3. CLARIFICATION OF ECONOMIC SUBSTANCE DOCTRINE.
(a) In General.--Section 7701 is amended by redesignating
subsection (o) as subsection (p) and by inserting after subsection (n)
the following new subsection:
``(o) Clarification of Economic Substance Doctrine; etc.--
``(1) General rules.--
``(A) In general.--In any case in which a court
determines that the economic substance doctrine is
relevant for purposes of this title to a transaction
(or series of transactions), such transaction (or
series of transactions) shall have economic substance
only if the requirements of this paragraph are met.
``(B) Definition of economic substance.--For
purposes of subparagraph (A)--
``(i) In general.--A transaction has
economic substance only if--
``(I) the transaction changes in a
meaningful way (apart from Federal tax
effects) the taxpayer's economic
position, and
``(II) the taxpayer has a
substantial nontax purpose for entering
into such transaction and the
transaction is a reasonable means of
accomplishing such purpose.
In applying subclause (II), a purpose of
achieving a financial accounting benefit shall
not be taken into account in determining
whether a transaction has a substantial nontax
purpose if the origin of such financial
accounting benefit is a reduction of income
tax.
``(ii) Special rule where taxpayer relies
on profit potential.--A transaction shall not
be treated as having economic substance by
reason of having a potential for profit
unless--
``(I) the present value of the
reasonably expected pre-tax profit from
the transaction is substantial in
relation to the present value of the
expected net tax benefits that would be
allowed if the transaction were
respected, and
``(II) the reasonably expected pre-
tax profit from the transaction exceeds
a risk-free rate of return.
``(C) Treatment of fees and foreign taxes.--Fees
and other transaction expenses and foreign taxes shall
be taken into account as expenses in determining pre-
tax profit under subparagraph (B)(ii).
``(2) Special rules for transactions with tax-indifferent
parties.--
``(A) Special rules for financing transactions.--
The form of a transaction which is in substance the
borrowing of money or the acquisition of financial
capital directly or indirectly from a tax-indifferent
party shall not be respected if the present value of
the deductions to be claimed with respect to the
transaction is substantially in excess of the present
value of the anticipated economic returns of the person
lending the money or providing the financial capital. A
public offering shall be treated as a borrowing, or an
acquisition of financial capital, from a tax-
indifferent party if it is reasonably expected that at
least 50 percent of the offering will be placed with
tax-indifferent parties.
``(B) Artificial income shifting and basis
adjustments.--The form of a transaction with a tax-
indifferent party shall not be respected if--
``(i) it results in an allocation of income
or gain to the tax-indifferent party in excess
of such party's economic income or gain, or
``(ii) it results in a basis adjustment or
shifting of basis on account of overstating the
income or gain of the tax-indifferent party.
``(3) Definitions and special rules.--For purposes of this
subsection--
``(A) Economic substance doctrine.--The term
`economic substance doctrine' means the common law
doctrine under which tax benefits under subtitle A with
respect to a transaction are not allowable if the
transaction does not have economic substance or lacks a
business purpose.
``(B) Tax-indifferent party.--The term `tax-
indifferent party' means any person or entity not
subject to tax imposed by subtitle A. A person shall be
treated as a tax-indifferent party with respect to a
transaction if the items taken into account with
respect to the transaction have no substantial impact
on such person's liability under subtitle A.
``(C) Exception for personal transactions of
individuals.--In the case of an individual, this
subsection shall apply only to transactions entered
into in connection with a trade or business or an
activity engaged in for the production of income.
``(D) Treatment of lessors.--In applying paragraph
(1)(B)(ii) to the lessor of tangible property subject
to a lease--
``(i) the expected net tax benefits with
respect to the leased property shall not
include the benefits of--
``(I) depreciation,
``(II) any tax credit, or
``(III) any other deduction as
provided in guidance by the Secretary,
and
``(ii) subclause (II) of paragraph
(1)(B)(ii) shall be disregarded in determining
whether any of such benefits are allowable.
``(4) Other common law doctrines not affected.--Except as
specifically provided in this subsection, the provisions of
this subsection shall not be construed as altering or
supplanting any other rule of law, and the requirements of this
subsection shall be construed as being in addition to any such
other rule of law.
``(5) Regulations.--The Secretary shall prescribe such
regulations as may be necessary or appropriate to carry out the
purposes of this subsection. Such regulations may include
exemptions from the application of this subsection.''.
(b) Effective Date.--The amendments made by this section shall
apply to transactions entered into after the date of the enactment of
this Act.
SEC. 4. PENALTY FOR UNDERSTATEMENTS ATTRIBUTABLE TO TRANSACTIONS
LACKING ECONOMIC SUBSTANCE, ETC.
(a) In General.--Subchapter A of chapter 68 is amended by inserting
after section 6662A the following new section:
``SEC. 6662B. PENALTY FOR UNDERSTATEMENTS ATTRIBUTABLE TO TRANSACTIONS
LACKING ECONOMIC SUBSTANCE, ETC.
``(a) Imposition of Penalty.--If a taxpayer has an noneconomic
substance transaction understatement for any taxable year, there shall
be added to the tax an amount equal to 40 percent of the amount of such
understatement.
``(b) Reduction of Penalty for Disclosed Transactions.--Subsection
(a) shall be applied by substituting `20 percent' for `40 percent' with
respect to the portion of any noneconomic substance transaction
understatement with respect to which the relevant facts affecting the
tax treatment of the item are adequately disclosed in the return or a
statement attached to the return.
``(c) Noneconomic Substance Transaction Understatement.--For
purposes of this section--
``(1) In general.--The term `noneconomic substance
transaction understatement' means any amount which would be an
understatement under section 6662A(b)(1) if section 6662A were
applied by taking into account items attributable to
noneconomic substance transactions rather than items to which
section 6662A would apply without regard to this paragraph.
``(2) Noneconomic substance transaction.--The term
`noneconomic substance transaction' means any transaction if--
``(A) there is a lack of economic substance (within
the meaning of section 7701(o)(1)) for the transaction
giving rise to the claimed benefit or the transaction
was not respected under section 7701(o)(2), or
``(B) the transaction fails to meet the
requirements of any similar rule of law.
``(d) Rules Applicable to Compromise of Penalty.--
``(1) In general.--If the 1st letter of proposed deficiency
which allows the taxpayer an opportunity for administrative
review in the Internal Revenue Service Office of Appeals has
been sent with respect to a penalty to which this section
applies, only the Commissioner of Internal Revenue may
compromise all or any portion of such penalty.
``(2) Applicable rules.--The rules of paragraphs (2) and
(3) of section 6707A(d) shall apply for purposes of paragraph
(1).
``(e) Coordination With Other Penalties.--Except as otherwise
provided in this part, the penalty imposed by this section shall be in
addition to any other penalty imposed by this title.
``(f) Cross References.--
``(1) For coordination of penalty with
understatements under section 6662 and other
special rules, see section 6662A(e).
``(2) For reporting of penalty imposed under
this section to the Securities and Exchange
Commission, see section 6707A(e).''.
(b) Coordination With Other Understatements and Penalties.--
(1) The second sentence of section 6662(d)(2)(A) is amended
by inserting ``and without regard to items with respect to
which a penalty is imposed by section 6662B'' before the period
at the end.
(2) Subsection (e) of section 6662A is amended--
(A) in paragraph (1), by inserting ``and
noneconomic substance transaction understatements''
after ``reportable transaction understatements'' both
places it appears,
(B) in paragraph (2)(A), by inserting ``and a
noneconomic substance transaction understatement''
after ``reportable transaction understatement'',
(C) in paragraph (2)(B), by inserting ``6662B or''
before ``6663'',
(D) in paragraph (2)(C)(i), by inserting ``or
section 6662B'' before the period at the end,
(E) in paragraph (2)(C)(ii), by inserting ``and
section 6662B'' after ``This section'',
(F) in paragraph (3), by inserting ``or noneconomic
substance transaction understatement'' after
``reportable transaction understatement'', and
(G) by adding at the end the following new
paragraph:
``(4) Noneconomic substance transaction understatement.--
For purposes of this subsection, the term `noneconomic
substance transaction understatement' has the meaning given
such term by section 6662B(c).''.
(3) Subsection (e) of section 6707A is amended--
(A) by striking ``or'' at the end of subparagraph
(B), and
(B) by striking subparagraph (C) and inserting the
following new subparagraphs:
``(C) is required to pay a penalty under section
6662B with respect to any noneconomic substance
transaction, or
``(D) is required to pay a penalty under section
6662(h) with respect to any transaction and would (but
for section 6662A(e)(2)(C)) have been subject to
penalty under section 6662A at a rate prescribed under
section 6662A(c) or under section 6662B,''.
(c) Clerical Amendment.--The table of sections for part II of
subchapter A of chapter 68 is amended by inserting after the item
relating to section 6662A the following new item:
``Sec. 6662B. Penalty for understatements attributable to transactions
lacking economic substance, etc.''.
(d) Effective Date.--The amendments made by this section shall
apply to transactions entered into after the date of the enactment of
this Act. | Nonitemizer Real Property Tax Deduction Act of 2006 - Amends the Internal Revenue Code to: (1) increase the standard tax deduction for taxpayers who do not itemize tax deductions by $500 ($1,000 for joint returns) of the real property taxes paid or accrued by such taxpayers in a taxable year; (2) define economic substance for purposes of evaluating tax shelter transactions; and (3) impose a penalty for understatements of tax liability resulting from transactions lacking economic substance. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide an additional standard deduction for real property taxes for nonitemizers."} | 2,871 | 105 | 0.614231 | 1.673607 | 0.760792 | 2.120879 | 26.901099 | 0.868132 |
SECTION 1. ESTABLISHMENT OF COMMISSION.
There is established an independent commission in the executive
branch to be known as the ``Commission on America and its Veterans''
(referred to in this Act as the ``Commission'').
SEC. 2. FINDINGS.
Congress finds the following:
(1) After more than a decade of war, and much work to help
members of the Armed Forces returning home from the
battlefield, the United States needs a wider and more thorough
process for welcoming members back, taking care of their needs,
and reintegrating them into society.
(2) Many initiatives exist that provide help for the men
and women who have fought, but there are gaps in our support
for veterans that need to be addressed.
(3) The United States has waged wars, but not all are
involved in fighting those wars, and the United States needs to
be more deeply and regularly connected with members and their
experiences in war and returning from war.
(4) Veterans contribute mightily to the society of the
United States but many veterans endure ongoing psychological
trauma, challenges with employment, crime and dislocation, and
veterans' families and communities are also faced with the
after-effects of war in ways that need to be publicly
addressed.
(5) The Nation needs a whole-of-society approach to
improving the veteran's position in society, and improving how
we welcome veterans when they return, and improving veterans'
experience when they come back, and do so in a way that helps
veterans, their families, and their communities.
SEC. 3. DUTIES OF COMMISSION.
(a) In General.--The Commission shall--
(1) not later than January 31, 2014, submit to the
President and Congress a report suggesting ceremonies and
events to be held throughout the United States to acknowledge
the wars recently fought and for the heroism displayed by
members of the Armed Forces and the costs in lives and injuries
paid by members, families, and communities;
(2) not later than December 31, 2014, submit to the
President and Congress a report on the findings, conclusions,
and legislative or other recommendations of the Commission with
respect to any deficiency in how the United States welcomes
back members of the Armed Forces returning home, including--
(A) by studying the entirety of the reintegration
experience on the member, the family of the member, and
the community of the member to identify any such
deficiencies that can be addressed to make such
reintegration a complete and positive experience; and
(B) with a particular emphasis on the effects of
post-traumatic stress and the other social and health
issues of members and veterans;
(3) not later than 120 days after the date of the enactment
of this Act, begin convening conversations throughout the
United States--
(A) on the effect of war on members, the families
of members, and the communities of members; and
(B) addressing the reintegration experience and the
gap between the military, veterans, and civilian life;
and
(4) beginning on the date that is 180 days after the date
of the enactment of this Act, and at regular intervals
thereafter during the life of the Commission, including a final
report at the end of such life, submit to the Secretary of
Veterans Affairs recommendations regarding the Office of Armed
Services and Veterans Public Outreach established under section
9, including how to best conduct an ongoing interaction between
members of the Armed Forces, veterans, and civilians,
particularly with young people, in which members and veterans
share their stories and the effect of their service and
reintegration experience directly with civilians and for
recorded history.
(b) Interim Reports.--The Commission may submit to the President
and Congress interim reports containing such findings, conclusions, and
recommendations as have been agreed to by a majority of Commission
members.
SEC. 4. COMPOSITION OF COMMISSION.
(a) Members.--The Commission shall be composed of 18 members as
follows:
(1) One member, who shall serve as chairman of the
Commission, shall be appointed by the President.
(2) One member, who shall serve as vice chairman of the
Commission, shall be appointed by the Speaker of the House of
Representatives.
(3) Four members shall be appointed by the majority leader
of the Senate.
(4) Four members shall be appointed by the Speaker of the
House of Representatives (in addition to the one member
appointed under paragraph (2)).
(5) Four members shall be appointed by the minority leader
of the Senate.
(6) Four members shall be appointed by the minority leader
of the House of Representatives.
(b) Qualifications.--
(1) Expertise.--Members of the Commission shall be
appointed from among individuals who have personally and
professionally experienced the effects of war on the Armed
Forces, families, and society.
(2) Nongovernmental appointees.--Members of the Commission
may not be an officer or employee of the Federal Government.
(3) Veterans included.--Not less than one member of the
Commission appointed under each of paragraphs (3) through (6)
of subsection (a) shall be a veteran.
(4) Deadline for appointment.--Members of the Commission
shall be appointed not later than 30 days after the date of the
enactment of this Act.
(c) Vacancies.--Except as provided in subsection (e)(3) with
respect to a quorum, any vacancy in the Commission shall not affect its
powers. A vacancy in the Commission shall be filled in the manner in
which the original appointment was made.
(d) Compensation.--
(1) Pay.--Except as provided by paragraph (2), members of
the Commission shall serve without pay.
(2) Travel expenses.--Each member shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter I of
chapter 57 of title 5, United States Code, including section
5703.
(e) Initial Meeting; Rules of Procedure; Quorum.--
(1) Initial meeting.--The Commission shall hold the initial
meeting of the Commission not later than 60 days after the date
of the enactment of this Act.
(2) Meetings.--After the initial meeting under paragraph
(1), the Commission shall meet at the call of the chairman or a
majority of members.
(3) Quorum.--Ten members of the Commission shall constitute
a quorum but a lesser number may hold hearings.
(4) Rules of procedure.--The Commission may establish rules
for the conduct of the business of the Commission, if such
rules are not inconsistent with this Act or other applicable
law.
SEC. 5. POWERS OF COMMISSION.
(a) Hearings.--For the purpose of carrying out this Act, the
Commission (or on the authority of the Commission, any subcommittee,
member, or designated staff thereof), may hold such hearings and sit
and act at such times and places, take such testimony, receive such
evidence, and administer such oaths as the Commission considers
appropriate. The Commission shall hold not less than one hearing in
each of the several States and the District of Columbia and may hold
hearings in any commonwealth, territory, or possession of the United
States as the Commission determines appropriate.
(b) Contracting.--To the extent or in the amounts provided in
advance in appropriation Acts, the Commission may enter into contracts
to enable the Commission to carry out the responsibilities of the
Commission under this Act.
(c) Information From Federal Agencies.--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
chairman of the Commission, the chairman of any subcommittee created by
a majority of the Commission, or any member designated by a majority of
the Commission, the head of that department or agency shall furnish
that information to the Commission.
(d) Assistance From Federal Agencies.--
(1) General services administration.--Upon the request of
the Commission, the Administrator of General Services shall
provide to the Commission, on a reimbursable basis, the
administrative support services and other services necessary
for the Commission to carry out the responsibilities of the
Commission under this Act.
(2) Other departments and agencies.--In addition to the
assistance described in paragraph (1), the head of any
department or agency of the United States may provide to the
Commission such services, funds, facilities, staff, and other
support services as they may determine advisable and as may be
authorized by law.
(e) Gifts.--The Commission may accept, use, and dispose of gifts,
bequests, or devises of services or property, both real and personal,
for the purpose of aiding or facilitating the work of the Commission.
Gifts, bequests, or devises of money and proceeds from sales of other
property received as gifts, bequests, or devises shall be deposited in
the Treasury and shall be available for disbursement upon order of the
chairman, vice chairman, or designee.
(f) 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. 6. STAFF.
(a) In General.--
(1) Appointment and compensation.--The chairman, in
accordance with rules agreed upon by the Commission, shall
appoint and fix the compensation of a staff director and such
other personnel as may be necessary to enable the Commission to
carry out the responsibilities of the Commission, without
regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, and 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, except that no rate of pay fixed under this
subsection may exceed the equivalent of that payable for a
position at level III of the Executive Schedule under section
5316 of title 5, United States Code.
(2) Personnel as federal employees.--The executive director
and any employee of the Commission (not including members
appointed under section 4(a)) shall be employees under section
2105 of title 5, United States Code, for purposes of chapters
63, 81, 83, 84, 85, 87, 89, and 90 of that title.
(b) Detailees.--Any employee of the Federal Government may be
detailed by the head of the department or agency of the employee to the
Commission without reimbursement from the Commission, and such detailee
shall retain the rights, status, and privileges of the detailee's
regular employment without interruption.
(c) Expert and Consultant Services.--The Commission may procure the
services of experts and consultants in accordance with section 3109 of
title 5, United States Code, but at rates not to exceed the daily rate
paid a person occupying a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code.
(d) Volunteer Services.--Notwithstanding section 1342 of title 31,
United States Code, the Commission may accept and use voluntary and
uncompensated services as the Commission determines necessary.
SEC. 7. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.
(a) In General.--The Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to the Commission.
(b) Public Meetings and Release of Public Versions of Reports.--The
Commission shall--
(1) hold public hearings and meetings to the extent
appropriate; and
(2) release public versions of the reports required under
section 3.
(c) Public Hearings.--Any public hearings of the Commission shall
be conducted in a manner consistent with the protection of information
provided to or developed for or by the Commission as required by any
applicable law, regulation, or Executive order.
SEC. 8. TERMINATION.
(a) Termination.--
(1) In general.--The Commission shall terminate on May 31,
2016.
(2) Administrative activities before termination.--The
Commission may use the 60-day period preceding the date on
which it terminates under paragraph (1) for the purpose of
concluding its activities, including providing testimony to
committees of Congress concerning its reports and disseminating
the final report.
SEC. 9. ESTABLISHMENT OF OFFICE OF ARMED SERVICES AND VETERANS PUBLIC
OUTREACH.
(a) Establishment.--The Secretary of Veterans Affairs shall
establish within the Department of Veterans Affairs an Office of Armed
Services and Veterans Public Outreach (in this section referred to as
the ``Office'').
(b) Duties.--The Office shall work with the Armed Forces, veterans
service organizations, the private and public sectors, nonprofit
organizations, local educational agencies, and other organizations to
help match veterans and members of the Armed Forces with civilian
audiences in order for private and nonprofit organizations to conduct
ongoing interactions between members, veterans, and civilians,
particularly with young people, in which members and veterans share
their stories and the effect of their service and reintegration
experience directly with civilians and for recorded history.
SEC. 10. FUNDING.
This Act shall not be construed to increase the amount of
appropriations that are authorized to be appropriated for any fiscal
year.
SEC. 11. VETERAN DEFINED.
In this section, the term ``veteran'' has the meaning given that
term in section 101(2) of title 38, United States Code. | Establishes as an independent commission the Commission on America and its Veterans to: (1) submit to the President and Congress suggestions for ceremonies and events to acknowledge the wars recently fought and the heroism displayed by members of the Armed Forces; (2) report to the President and Congress on Commission findings, conclusions, and recommendations with respect to any deficiency in how the United States welcomes back such members; (3) begin convening conversations on the effect of war on members, their families, and the local communities, as well as addressing the reintegration experience and the gap between the military, veterans, and civilian life; and (4) submit to the Secretary of Veterans Affairs (VA) recommendations regarding activities of the Office of Armed Services and Veterans Public Outreach (established under this Act). | {"src": "billsum_train", "title": "To establish the Commission on America and its Veterans."} | 2,900 | 165 | 0.624914 | 1.936289 | 0.780296 | 4.45098 | 17.751634 | 0.973856 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securing Care for Seniors Act of
2015''.
SEC. 2. IMPROVEMENTS TO MA RISK ADJUSTMENT SYSTEM.
Section 1853(a)(1)(C) of the Social Security Act (42 U.S.C. 1395w-
23(a)(1)(C)) is amended by adding at the end the following new clauses:
``(iv) Evaluation and subsequent revision
of the risk adjustment system to account for
chronic conditions and other factors for the
purpose of making the risk adjustment system
more accurate, transparent, and regularly
updated.--
``(I) Revision based on number of
chronic conditions.--The Secretary
shall revise for 2017 and periodically
thereafter, the risk adjustment system
under this subparagraph so that a risk
score under such system, with respect
to an individual, takes into account
the number of chronic conditions with
which the individual has been
diagnosed.
``(II) Evaluation of different risk
adjustment models.--The Secretary shall
evaluate the impact of including two
years of data to compare the models
used to determine risk scores for 2013
and 2014 under such system.
``(III) Evaluation and analysis on
chronic kidney disease (ckd) codes.--
The Secretary shall evaluate the impact
of removing the diagnosis codes related
to chronic kidney disease in the 2014
risk adjustment model and conduct an
analysis of best practices of MA plans
to slow disease progression related to
chronic kidney disease.
``(IV) Evaluation and
recommendations on use of encounter
data.--The Secretary shall evaluate the
impact of including 10 percent of
encounter data in computing payment for
2016 and the readiness of the Centers
for Medicare & Medicaid Services to
incorporate encounter data in risk
scores. In conducting such evaluation,
the Secretary shall use data collected
as encounter data on or after January
1, 2012, shall analyze such data for
accuracy and completeness and issue
recommendations for improving such
accuracy and completeness, and shall
not increase the percentage of such
encounter data used unless the
Secretary releases the data publicly,
indicates how such data will be
weighted in computing the risk scores,
and ensures that the data reflects the
degree and cost of care coordination
under MA plans.
``(V) Conduct of evaluations.--
Evaluations and analyses under
subclause (II) through (IV) shall
include an actuarial opinion from the
Chief Actuary of the Centers for
Medicare & Medicaid Services about the
reasonableness of the methods,
assumptions, and conclusions of such
evaluations and analyses. The Secretary
shall consult with the Medicare Payment
Advisory Commission and accept and
consider comments of stakeholders, such
as managed care organizations and
beneficiary groups, on such evaluation
and analyses. The Secretary shall
complete such evaluations and analyses
in a manner that permits the results to
be applied for plan years beginning
with the second plan year that begins
after the date of the enactment of this
clause.
``(VI) Implementation of revisions
based on evaluations.--If the Secretary
determines, based on such an evaluation
or analysis, that revisions to the risk
adjustment system to address the
matters described in any of subclauses
(II) through (IV) would make the risk
adjustment system under this
subparagraph better reflect and
appropriately weight for the population
that is served by the plan, the
Secretary shall, beginning with 2017,
and periodically thereafter, make such
revisions.
``(VII) Periodic reporting to
congress.--With respect to plan years
beginning with 2017 and every third
year thereafter, the Secretary shall
submit to Congress a report on the most
recent revisions (if any) made under
this clause, including the evaluations
conducted under subclauses (II) through
(IV).
``(v) No changes to adjustment factors that
prevent activities consistent with national
health policy goals.--In making any changes to
the adjustment factors, including adjustment
for health status under paragraph (3), the
Secretary shall ensure that the changes do not
prevent Medicare Advantage organizations from
performing or undertaking activities that are
consistent with national health policy goals,
including activities to promote early detection
and better care coordination, the use of health
risk assessments, care plans, and programs to
slow the progression of chronic diseases.
``(vi) Opportunity for review and public
comment regarding changes to adjustment
factors.--For changes to adjustment factors
effective for 2017 and subsequent years, in
addition to providing notice of such changes in
the announcement under subsection (b)(2), the
Secretary shall provide an opportunity for
review of proposed changes of not less than 60
days and a public comment period of not less
than 30 days before implementing such
changes.''.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the Centers for Medicare & Medicaid Services has
inadvertently created a star rating system under section
1853(o)(4) of the Social Security Act (42 U.S.C. 1395w-
23(o)(4)) for Medicare Advantage plans that lacks proper
accounting for the socioeconomic status of enrollees in such
plans and the extent to which such plans serve individuals who
are also eligible for medical assistance under title XIX of
such Act; and
(2) Congress will work with the Centers for Medicare &
Medicaid Services and stakeholders, including beneficiary
groups and managed care organizations, to ensure that such
rating system properly accounts for the socioeconomic status of
enrollees in such plans and the extent to which such plans
serve such individuals described in paragraph (1). | Securing Care for Seniors Act of 2015 (Sec. 2) This bill amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act (SSAct) to direct the Department of Health and Human Services (HHS) (in effect, the Centers for Medicare & Medicaid Services [CMS]) to revise for 2017, and periodically afterwards, the system for risk adjustments to payments to Medicare+Choice organizations so that an individual's risk score takes into account the number of chronic conditions with which the individual has been diagnosed. HHS must, including an actuarial opinion of the CMS Chief Actuary, evaluate the impacts of: including two years of data to compare the models used to determine the risk scores for 2013 and 2014, removing the diagnosis codes related to chronic kidney disease in the 2014 risk adjustment model, and including 10% of encounter data in computing payment for 2016 and CMS readiness to incorporate encounter data in risk scores. HHS shall also analyze the best practices of MedicareAdvantage (MA) plans to slow disease progression related to chronic kidney disease. HHS shall then, if appropriate, make revisions to the risk adjustment system, based on such an evaluation or analysis, to better reflect and appropriately weight for the population served. (Sec. 3) Congress declares that the MA star rating system lacks proper accounting for the socioeconomic status of plan enrollees and the extent to which those plans serve individuals also eligible for medical assistance under SSAct title XIX (Medicaid). | {"src": "billsum_train", "title": "Securing Care for Seniors Act of 2015"} | 1,168 | 336 | 0.722849 | 2.279497 | 0.718303 | 2.954545 | 3.954545 | 0.870629 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transportation Megaprojects
Accountability and Oversight Act of 2015''.
SEC. 2. ADDITIONAL REQUIREMENTS FOR CERTAIN TRANSPORTATION PROJECTS.
(a) In General.--Section 106 of title 23, United States Code, is
amended by adding at the end the following:
``(k) Megaprojects.--
``(1) Megaproject defined.--In this subsection, the term
`megaproject' means a project that has an estimated total cost
of $2,500,000,000 or more, and such other projects as may be
identified by the Secretary.
``(2) Comprehensive risk management plan.--A recipient of
Federal financial assistance under this title for a megaproject
shall, in order to be authorized for construction, submit to
the Secretary a comprehensive risk management plan that
contains--
``(A) a description of the process by which the
recipient will identify, quantify, and monitor the
risks that might result in cost overruns, project
delays, reduced construction quality, or reductions in
benefits with respect to the megaproject;
``(B) examples of mechanisms the recipient will use
to track risks identified pursuant to subparagraph (A);
``(C) a plan to control such risks; and
``(D) such assurances as the Secretary considers
appropriate that the recipient will, with respect to
the megaproject--
``(i) regularly submit to the Secretary
updated cost estimates; and
``(ii) maintain and regularly reassess
financial reserves for addressing known and
unknown risks.
``(3) Peer review group.--
``(A) In general.--A recipient of Federal financial
assistance under this title for a megaproject shall,
not later than 90 days after the date when such
megaproject is authorized for construction, establish a
peer review group for such megaproject that consists of
at least 5 individuals (including at least 1 individual
with project management experience) to give expert
advice on the scientific, technical, and project
management aspects of the megaproject.
``(B) Membership.--
``(i) In general.--Not later than 180 days
after the date of the enactment of this
subsection, the Secretary shall establish
guidelines describing how a recipient described
in subparagraph (A) shall--
``(I) recruit and select members
for a peer review group established
under such subparagraph; and
``(II) make publicly available the
criteria for such selection and the
identity of members so selected.
``(ii) Conflict of interest.--No member of
a peer review group for a megaproject may have
a direct or indirect financial interest in such
megaproject.
``(C) Tasks.--A peer review group established under
subparagraph (A) by a recipient of Federal financial
assistance for a megaproject shall--
``(i) meet annually until completion of the
megaproject;
``(ii) not later than 90 days after the
date of the establishment of the peer review
group and not later than 90 days after the date
of any significant change, as determined by the
Secretary, to the scope, schedule, or budget of
the megaproject, review the scope, schedule,
and budget of the megaproject, including
planning, engineering, financing, and any other
elements determined appropriate by the
Secretary; and
``(iii) submit a report on the findings of
each review under clause (ii) to the Secretary,
Congress, and the recipient.
``(4) Transparency.--A recipient of Federal financial
assistance under this title for a megaproject shall publish on
the Internet Web site of such recipient--
``(A) the name, license number, and license type of
each engineer supervising an aspect of the megaproject;
and
``(B) the report submitted under paragraph
(3)(C)(iii), not later than 90 days after such
submission.''.
(b) Applicability.--The amendment made by subsection (a) applies
with respect to projects that are authorized for construction on or
after the date that is 1 year after the date of the enactment of this
Act. | Transportation Megaprojects Accountability and Oversight Act of 2015 This bill requires a recipient of federal financial assistance under National Highway System provisions for a megaproject (a project that has an estimated total cost of $2.5 billion or more and such other projects as may be identified by the Department of Transportation [DOT]), in order to be authorized for construction, to submit to DOT a comprehensive risk management plan that contains: a description of the process by which the recipient will identify, quantify, and monitor the risks that might result in cost overruns, project delays, reduced construction quality, or reductions in benefits; examples of mechanisms the recipient will use to track such risks; a plan to control such risks; and assurances that the recipient will regularly submit updated cost estimates and maintain and regularly reassess financial reserves for addressing risks. A recipient also must establish a peer review group to give expert advice on the scientific, technical, and project management aspects of the project. Each peer review group must: meet annually until the project is completed; review the project within 90 days after any significant change in its scope, schedule, or budget; and report on the findings of each review to DOT, Congress, and the recipient. Each recipient must publish such report on its website, along with the name, license number, and license type of each engineer supervising an aspect of the project. | {"src": "billsum_train", "title": "Transportation Megaprojects Accountability and Oversight Act of 2015"} | 919 | 289 | 0.710409 | 2.164784 | 0.839992 | 4.589744 | 3.091575 | 0.875458 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Burley Buy-out Act
of 2001''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--ELIMINATION OF PRICE SUPPORT AND MARKET QUOTAS FOR BURLEY
TOBACCO
Sec. 101. Burley tobacco price support program.
Sec. 102. Burley tobacco marketing quotas.
TITLE II--COMPENSATION TO QUOTA HOLDERS AND TRANSITION ASSISTANCE TO
PRODUCERS OF BURLEY TOBACCO
Sec. 201. Definitions.
Sec. 202. Compensation to Burley quota holders for loss of tobacco
quota asset value.
Sec. 203. Transition payments for active Burley tobacco producers.
Sec. 204. Commodity Credit Corporation.
TITLE III--ECONOMIC ASSISTANCE FOR BURLEY TOBACCO-DEPENDENT COMMUNITIES
Sec. 301. Rural economic assistance grants.
Sec. 302. Commodity Credit Corporation.
TITLE I--ELIMINATION OF PRICE SUPPORT AND MARKET QUOTAS FOR BURLEY
TOBACCO
SEC. 101. BURLEY TOBACCO PRICE SUPPORT PROGRAM.
Notwithstanding section 106 of the Agricultural Act of 1949 (7
U.S.C. 1445), beginning with the 2002 crop of Burley tobacco, the
Secretary of Agriculture shall not make price support available,
whether in the form of loans, payments, purchases, or other operations,
for any crop of Burley tobacco.
SEC. 102. BURLEY TOBACCO MARKETING QUOTAS.
Notwithstanding part I of subtitle B of title III of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1311 et seq.), beginning
with the 2002 crop of Burley tobacco, the Secretary shall not proclaim
a national marketing quota for Burley tobacco or apportion a marketing
quota for Burley tobacco among States and farms.
TITLE II--COMPENSATION TO QUOTA HOLDERS AND TRANSITION ASSISTANCE TO
PRODUCERS OF BURLEY TOBACCO
SEC. 201. DEFINITIONS.
In this title:
(1) Active burley tobacco producer.--The term ``active
Burley tobacco producer'' means a person that was the actual
producer, as determined by the Secretary of Agriculture, of
Burley tobacco on a farm where Burley tobacco was produced
pursuant to a marketing quota established under the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1281 et seq.) for
at least two of the 1999 through 2001 marketing years.
(2) Burley quota holder.--The term ``Burley quota holder''
means an owner of a farm on January 1, 2002, for which a Burley
tobacco farm marketing quota was established under the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1281 et seq.)
for the 2001 marketing year.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 202. COMPENSATION TO BURLEY QUOTA HOLDERS FOR LOSS OF TOBACCO
QUOTA ASSET VALUE.
(a) Compensation Required.--The Secretary shall make a payment
under this section to an eligible Burley quota holder to compensate the
Burley quota holder for the lost value of the quota on account of the
elimination of marketing quotas for Burley tobacco under section 102.
(b) Eligibility.--To be eligible to receive a payment under this
section, a person shall submit to the Secretary an application
containing such information as the Secretary may require to demonstrate
to the satisfaction of the Secretary that the person satisfies the
definition of Burley quota holder. The application shall be submitted
within such time, in such form, and in such manner as the Secretary may
require.
(c) Base Quota Level.--The Secretary shall determine, for each
Burley quota holder whose application for payment is approved by the
Secretary under subsection (b), the base quota level of the Burley
quota holder for the 1991 through 2001 marketing years. The base quota
level for the Burley quota holder shall be equal to the average Burley
tobacco farm marketing quota established for the 1991 through 2001
marketing years for the farm owned by the Burley quota holder.
(d) Payment.--The Secretary shall make a one-time payment to an
eligible Burley quota holder in an amount equal to the product obtained
by multiplying--
(1) $8 per pound; by
(2) the base quota level established for the Burley quota
holder under subsection (c).
(e) Time for Payment.--The payments required by this section shall
be made during fiscal year 2002.
SEC. 203. TRANSITION PAYMENTS FOR ACTIVE BURLEY TOBACCO PRODUCERS.
(a) Transition Payments Required.--The Secretary shall make
transition payments under this section to eligible active Burley
tobacco producers to lessen the financial consequences to producers of
the elimination of price support for Burley tobacco under section 101.
(b) Eligibility.--To be eligible to receive transition payments
under this section, a person shall submit to the Secretary an
application containing such information as the Secretary may require to
demonstrate to the satisfaction of the Secretary that the person
satisfies the definition of active Burley tobacco producer. The
application shall be submitted within such time, in such form, and in
such manner as the Secretary may require.
(c) Production History.--The Secretary shall base the transition
payments made to an active Burley tobacco producer on the average
quantity of Burley tobacco subject to a marketing quota that was
produced by the producer during the 1999 through 2001 marketing years.
(d) Payments.--The Secretary shall make transition payments to an
eligible active Burley tobacco producer in an aggregate amount equal to
the product obtained by multiplying--
(1) $7.50; by
(2) the average quantity determined under subsection (c)
for the producer.
(e) Time for Payments.--The total amount calculated for an active
Burley tobacco producer under subsection (d) shall be paid to the
producer in five equal installments. A payment shall be made during
each of the fiscal years 2002 through 2007.
SEC. 204. COMMODITY CREDIT CORPORATION.
The Secretary shall use the funds, facilities, and authorities of
the Commodity Credit Corporation to carry out this title.
TITLE III--ECONOMIC ASSISTANCE FOR BURLEY TOBACCO-DEPENDENT COMMUNITIES
SEC. 301. RURAL ECONOMIC ASSISTANCE GRANTS.
(a) Grant Authority.--During each of the fiscal years 2002 through
2007, the Secretary of Agriculture shall use $50,000,000 of funds of
the Commodity Credit Corporation to provide grants to States in which
Burley tobacco is produced to assist those areas of such a State that
are economically dependent on the production of Burley tobacco.
(b) Grant Basis.--In making a grant under subsection (a) to a
Burley tobacco-growing State, the Secretary shall base the amount of
the grant on the following, as determined by the Secretary:
(1) The number of counties in the State in which Burley
tobacco production is a significant part of the county's
economy.
(2) The level of economic dependence of such counties on
Burley tobacco production.
(c) Use of Grants by States.--A State that receives a grant under
subsection (a) shall use the grant to make grants to counties or other
public or private entities in the State to assist areas that are
dependent on the production of Burley tobacco, as determined by the
Governor. The amount of a grant paid to a county or other entity to
assist an area shall be based on (as determined by the Secretary)--
(1) the ratio of gross Burley tobacco sales receipts in the
area to the total farm income in the area; and
(2) the ratio of all Burley tobacco related receipts in the
area to the total income in the area.
(d) Use of Grants by Counties.--A county or other entity that
receives a grant under subsection (c) shall use the grant in a manner
determined appropriate by the county or entity (with the approval of
the State) to assist Burley tobacco producers and other persons who are
economically dependent on the production of Burley tobacco, including
use for--
(1) on-farm diversification and alternatives to the
production of tobacco and risk management; and
(2) off-farm activities such as development of non-tobacco
related jobs.
SEC. 302. COMMODITY CREDIT CORPORATION.
The Secretary shall use the funds, facilities, and authorities of
the Commodity Credit Corporation to carry out this title. | Burley Buy-out Act of 2001 - Directs the Secretary of Agriculture, with respect to Burley tobacco, to: (1) eliminate price supports and market quotas beginning with the 2002 crop; (2) provide eligible quota holders with FY 2002 compensation for loss of tobacco quota asset value, and eligible producers with transition assistance through FY 2007; and (3) provide economically affected States with rural economic assistance grants through FY 2007. | {"src": "billsum_train", "title": "To eliminate the Federal quota and price support programs for Burley tobacco, to compensate quota holders for the lost quota value, to provide transition payments to producers of Burley tobacco, and to provide assistance to communities adversely affected by the elimination of the quota and price support programs."} | 2,031 | 88 | 0.65666 | 1.772549 | 0.800701 | 2.46988 | 19.939759 | 0.903614 |
SECTION 1. EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE OF CHILD HEALTH
AND HUMAN DEVELOPMENT.
(a) Findings.--Congress makes the following findings:
(1) Since it was established by Congress in 1962 at the request
of President John F. Kennedy, the National Institute of Child
Health and Human Development has achieved an outstanding record of
achievement in catalyzing a concentrated attack on the unsolved
health problems of children and of mother-infant relationships by
fulfilling its mission to--
(A) ensure that every individual is born healthy and
wanted, that women suffer no harmful effects from reproductive
processes, and that all children have the chance to achieve
their full potential for healthy and productive lives, free
from disease or disability; and
(B) ensure the health, productivity, independence, and
well-being of all individuals through optimal rehabilitation.
(2) The National Institute of Child Health and Human
Development has made unparalleled contributions to the advancement
of child health and human development, including significant
efforts to--
(A) reduce dramatically the rates of Sudden Infant Death
Syndrome, infant mortality, and maternal HIV transmission;
(B) develop the Haemophilus Influenza B (Hib) vaccine,
credited with nearly eliminating the incidence of mental
retardation; and
(C) conduct intramural research, support extramural
research, and train thousands of child health and human
development researchers who have contributed greatly to
dramatic gains in child health throughout the world.
(3) The vision, drive, and tenacity of one woman, Eunice
Kennedy Shriver, was instrumental in proposing, passing, and
enacting legislation to establish the National Institute of Child
Health and Human Development (Public Law 87-838) on October 17,
1962.
(4) It is befitting and appropriate to recognize the
substantial achievements of Eunice Kennedy Shriver, a tireless
advocate for children with special needs, whose foresight in
creating the National Institute of Child Health and Human
Development gave life to the words of President Kennedy, who wished
to ``encourage imaginative research into the complex processes of
human development from conception to old age.''.
(b) Amendments to the Public Health Service Act.--The Public Health
Service Act is amended--
(1) in section 401(b)(7) (42 U.S.C. 281(b)(7)), by striking
``National Institute of Child Health and Human Development'' and
inserting ``Eunice Kennedy Shriver National Institute of Child
Health and Human Development'';
(2) in section 404B (42 U.S.C. 283d), by striking ``National
Institute for Child Health and Human Development'' and inserting
``Eunice Kennedy Shriver National Institute of Child Health and
Human Development'';
(3) in section 404E(a) (42 U.S.C. 283g(a)), by striking
``National Institute of Child Health and Human Development'' and
inserting ``Eunice Kennedy Shriver National Institute of Child
Health and Human Development'';
(4) in section 409D(c)(1) (42 U.S.C. 284h(c)(1)), by striking
``National Institute of Child Health and Human Development'' and
inserting ``Eunice Kennedy Shriver National Institute of Child
Health and Human Development'';
(5) in section 424(c)(3)(B)(vi) (42 U.S.C. 285b-
7(c)(3)(B)(vi)), by striking ``National Institute of Child Health
and Human Development'' and inserting ``Eunice Kennedy Shriver
National Institute of Child Health and Human Development'';
(6) in section 430(b)(2)(B) (42 U.S.C. 285c-4(b)(2)(B)), by
striking ``National Institute of Child Health and Human
Development'' and inserting ``Eunice Kennedy Shriver National
Institute of Child Health and Human Development'';
(7) in the heading of subpart 7 of part C of title IV (42
U.S.C. 285g et seq.), by striking the term ``National Institute of
Child Health and Human Development'' each place such term appears
and inserting ``Eunice Kennedy Shriver National Institute of Child
Health and Human Development'';
(8) in section 487B(a) (42 U.S.C. 288-2(a)), by striking
``National Institute on Child Health and Human Development'' and
inserting ``Eunice Kennedy Shriver National Institute of Child
Health and Human Development'';
(9) in section 519C(g)(2) (42 U.S.C. 290bb-25c(g)(2)), by
striking ``National Institute of Child Health and Human
Development'' and inserting ``Eunice Kennedy Shriver National
Institute of Child Health and Human Development''; and
(10) in section 1122 (42 U.S.C. 300c-12), by striking
``National Institute of Child Health and Human Development'' and
inserting ``Eunice Kennedy Shriver National Institute of Child
Health and Human Development''.
(c) Amendments to Other Acts.--
(1) Comprehensive smoking education act.--Section 3(b)(1)(A) of
the Comprehensive Smoking Education Act (15 U.S.C. 1341(b)(1)(A))
is amended by striking ``National Institute of Child Health and
Human Development'' and inserting ``Eunice Kennedy Shriver National
Institute of Child Health and Human Development''.
(2) Adult education and family literacy act.--Sections 242 and
243 of the Adult Education and Family Literacy Act (20 U.S.C. 9252
and 9253) are amended by striking the term ``National Institute of
Child Health and Human Development'' each place such term appears
and inserting ``Eunice Kennedy Shriver National Institute of Child
Health and Human Development''.
(3) Elementary and secondary education act of 1965.--The
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et
seq.) is amended by striking the terms ``National Institute of
Child Health and Human Development'' and ``National Institute for
Child Health and Human Development'' each place either term appears
and inserting ``Eunice Kennedy Shriver National Institute of Child
Health and Human Development''.
(d) Reference.--Any reference in any law, regulation, order,
document, paper, or other record of the United States to the ``National
Institute of Child Health and Human Development'' shall be deemed to be
a reference to the ``Eunice Kennedy Shriver National Institute of Child
Health and Human Development''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Amends the Public Health Service Act to rename the National Institute of Child Health and Human Development as the "Eunice Kennedy Shriver National Institute of Child Health and Human Development." | {"src": "billsum_train", "title": "A bill to rename the National Institute of Child Health and Human Development as the Eunice Kennedy Shriver National Institute of Child Health and Human Development."} | 1,486 | 40 | 0.546946 | 1.565255 | 0.230016 | 5.272727 | 37.939394 | 0.848485 |
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