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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hospital Opioid Solutions Toolkit
Act of 2018'' or the ``HOST Act of 2018''.
SEC. 2. DEVELOPING GUIDANCE ON PAIN MANAGEMENT AND OPIOID USE DISORDER
PREVENTION FOR HOSPITALS RECEIVING PAYMENT UNDER PART A
OF THE MEDICARE PROGRAM.
(a) In General.--Not later than January 1, 2019, the Secretary of
Health and Human Services (in this section referred to as the
``Secretary'') shall develop and publish on the public website of the
Centers for Medicare & Medicaid Services guidance for hospitals
receiving payment under part A of title XVIII of the Social Security
Act (42 U.S.C. 1395c et seq.) on pain management strategies and opioid
use disorder prevention strategies with respect to individuals entitled
to benefits under such part.
(b) Consultation.--In developing the guidance described in
subsection (a), the Secretary shall consult with relevant stakeholders,
including--
(1) medical professional organizations;
(2) providers and suppliers of services (as such terms are
defined in section 1861 of the Social Security Act (42 U.S.C.
1395x));
(3) patient advocacy organizations and organizations
representing Medicare beneficiaries; and
(4) other entities determined appropriate by the Secretary.
(c) Contents.--The guidance described in subsection (a) shall
include, with respect to hospitals and individuals described in such
subsection, the following:
(1) Best practices regarding evidence-based screening and
practitioner education initiatives relating to screening and
treatment protocols for opioid use disorder, including--
(A) methods to identify such individuals at-risk of
opioid use disorder, including risk stratification;
(B) ways to prevent, recognize, and treat opioid
overdoses; and
(C) resources available to such individuals, such
as opioid treatment programs, peer support groups, and
other recovery programs.
(2) Best practices for such hospitals to educate
practitioners furnishing items and services at such hospital
with respect to pain management and substance use disorders,
including education on--
(A) the adverse effects of prolonged opioid use;
(B) alternative, evidence-based, non-
pharmacological pain management treatments;
(C) monitoring programs for individuals who have
been prescribed opioids; and
(D) the prescribing of naloxone along with an
initial opioid prescription.
(3) Best practices for such hospitals to make such
individuals aware of the risks associated with opioid use
(which may include use of the notification template described
in paragraph (4)).
(4) A notification template developed by the Secretary for
such individuals who are prescribed an opioid that--
(A) explains the risks and side effects associated
with opioid use (including the risks of addiction and
overdose) and the importance of adhering to the
prescribed treatment regimen, avoiding medications that
may have an adverse interaction with such opioid, and
storing such opioid safely and securely;
(B) highlights multimodal and evidence-based non-
opioid alternatives for pain management;
(C) encourages such individuals to talk to their
health care providers about such alternatives;
(D) provides for a method (through signature or
otherwise) for such an individual, or person acting on
such individual's behalf, to acknowledge receipt of
such notification template;
(E) is worded in an easily understandable manner
and made available in multiple languages determined
appropriate by the Secretary; and
(F) includes any other information determined
appropriate by the Secretary.
(5) Best practices for such hospital to track opioid
prescribing trends by practitioners furnishing items and
services at such hospital, including--
(A) ways for such hospital to establish target
levels with respect to opioids prescribed by such
practitioners;
(B) guidance on checking the medical records of
such individuals against information included in
prescription drug monitoring programs;
(C) strategies to reduce long-term opioid
prescriptions; and
(D) methods to identify such practitioners who may
be over-prescribing opioids.
(6) Other information the Secretary determines appropriate,
including any such information from the Opioid Safety
Initiative established by the Department of Veterans Affairs or
the Opioid Overdose Prevention Toolkit published by the
Substance Abuse and Mental Health Services Administration. | Hospital Opioid Solutions Toolkit Act of 2018 or the HOST Act of 2018 This bill requires the Centers for Medicare & Medicaid Services to publish guidance for hospitals on pain management and opioid-use disorder prevention strategies for Medicare beneficiaries, including best practices for opioid-use disorder screening, education, and monitoring. | {"src": "billsum_train", "title": "Hospital Opioid Solutions Toolkit Act of 2018"} | 917 | 68 | 0.612672 | 1.552092 | 1.595307 | 2.610169 | 14.79661 | 0.949153 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homeowner Opportunity Act of 2008''.
SEC. 2. PERMANENT CONFORMING LOAN LIMIT INCREASE FOR HIGH-COST AREAS
FOR FANNIE MAE AND FREDDIE MAC.
(a) Fannie Mae.--Section 302(b)(2) of the Federal National Mortgage
Association Charter Act (12 U.S.C. 1717(b)(2)) is amended--
(1) in the second sentence, by redesignating clause (A)
through (C) as clauses (i) through (iii), respectively;
(2) in the third sentence, by striking ``clause (A)'' and
inserting ``clause (i)'';
(3) by inserting ``(A)'' after ``(2)''; and
(4) by adding at the end the following new subparagraph:
``(B)(i) Notwithstanding subparagraph (A), for mortgages originated
on or after January 1, 2009, the limitation on the maximum original
principal obligation of a mortgage that may be purchased by the
corporation shall be the higher of--
``(I) the limitation determined under subparagraph (A) for
a residence of the applicable size; or
``(II) 125 percent of the area median price for a residence
of the applicable size, but in no case to exceed 175 percent of
the limitation determined under subparagraph (A) for a
residence of the applicable size.
``(ii) The areas and area median prices used for purposes of the
determination under this subparagraph shall be the areas and area
median prices used by the Secretary of Housing and Urban Development in
determining the applicable limits under section 203(b)(2) of the
National Housing Act (12 U.S.C. 1709(b)(2)). A mortgage that is
eligible for purchase by the corporation at the time the mortgage is
originated under this subparagraph shall be eligible for such purchase
for the duration of the term of the mortgage.''.
(b) Freddie Mac.--Section 305(a)(2) of the Federal Home Loan
Mortgage Corporation Act (12 U.S.C. 1454(a)(2)) is amended--
(1) in the first sentence, by redesignating clause (A)
through (C) as clauses (i) through (iii), respectively;
(2) in the second sentence, by striking ``clause (A)'' and
inserting ``clause (i)'';
(3) by inserting ``(A)'' after ``(2)''; and
(4) by adding at the end the following new subparagraph:
``(B)(i) Notwithstanding subparagraph (A), for mortgages originated
on or after January 1, 2009, the limitation on the maximum original
principal obligation of a mortgage that may be purchased by the
Corporation shall be the higher of--
``(I) the limitation determined under subparagraph (A) for
a residence of the applicable size; or
``(II) 125 percent of the area median price for a residence
of the applicable size, but in no case to exceed 175 percent of
the limitation determined under subparagraph (A) for a
residence of the applicable size.
``(ii) The areas and area median prices used for purposes of the
determination under this subparagraph shall be the areas and area
median prices used by the Secretary of Housing and Urban Development in
determining the applicable limits under section 203(b)(2) of the
National Housing Act (12 U.S.C. 1709(b)(2)). A mortgage that is
eligible for purchase by the Corporation at the time the mortgage is
originated under this subparagraph shall be eligible for such purchase
for the duration of the term of the mortgage.''.
(c) Sense of Congress.--It is the sense of the Congress that the
securitization of mortgages by the Federal National Mortgage
Association and the Federal Home Loan Mortgage Corporation plays an
important role in providing liquidity to the United States housing
markets. Therefore, the Congress encourages the Federal National
Mortgage Association and the Federal Home Loan Mortgage Corporation to
securitize mortgages acquired under the increased conforming loan
limits established by the amendments made by this section, to the
extent that such securitizations can be effected in a timely and
efficient manner that does not impose additional costs for mortgages
originated, purchased, or securitized under the existing limits or
interfere with the goal of adding liquidity to the market.
SEC. 3. PERMANENT LOAN LIMIT INCREASE FOR HIGH-COST AREAS FOR FHA.
(a) In General.--Section 203(b)(2) of the National Housing Act (12
U.S.C. 1709(b)(2)) is amended by striking subparagraph (A) and
inserting the following new subparagraph:
``(A) that does not exceed the lesser of--
``(i) in the case of a 1-family residence,
125 percent of the median 1-family house price
in the area, as determined by the Secretary;
and in the case of a 2-,
3-, or 4-family residence, the percentage of
such median price that bears the same ratio to
such median price as the dollar amount
limitation determined under section 305(a)(2)
of the Federal Home Loan Mortgage Corporation
Act (12 U.S.C. 1454(a)(2)) for a 2-, 3-, or 4-
family residence, respectively, bears to the
dollar amount limitation determined under such
section for a 1-family residence; or
``(ii) 175 percent of the dollar amount
limitation determined under such section
305(a)(2)(A) for a residence of the applicable
size (without regard to any authority to
increase such limitation with respect to
properties located in Alaska, Guam, Hawaii, or
the Virgin Islands and without regard to the
high-cost area limitation under such section
305(a)(2)(B)); except that the dollar amount
limitation in effect under this subsection for
any size residence for any area shall not be
less than the greater of--
``(I) the dollar amount limitation
in effect under this paragraph for the
area on October 21, 1998; or
``(II) 65 percent of the dollar
amount limitation determined under such
section 305(a)(2)(A) for a residence of
the applicable size; and''.
(b) Publication of Area Median Prices and Loan Limits.--Section
203(b) of the National Housing Act (12 U.S.C. 1709(b)(2)(A)) is amended
by adding after and below paragraph (9) the following:
``The Secretary of Housing and Urban Development shall publish the
median house prices and mortgage principal obligation limits for all
areas each year, not less than 45 days before the time of determining
the annual adjustments to the dollar amount limitations under section
305(a)(2)(A) of the Federal Home Loan Mortgage Corporation Act (12
U.S.C. 1454(a)(2)(A))''. | Homeowner Opportunity Act of 2008 - Amends the Federal National Mortgage Association Charter Act, the Federal Home Loan Mortgage Corporation Act, and the National Housing Act to make permanent certain increases in the maximum original principal obligation of a mortgage that may be purchased by the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac).
Expresses the sense of the Congress to encourage Fannie Mae and Freddie Mac to securitize mortgages acquired under the increased conforming loan limits to the extent that such securitizations do not impose additional costs for mortgages originated, purchased, or securitized under the existing limits, or interfere with the goal of adding liquidity to the market.
Amends the National Housing Act to: (1) increase the mortgage loan limit for mortgage insurance in high-cost areas; and (2) direct the Secretary of Housing and Urban Development to publish the median house prices and mortgage principal obligation limits for all areas each year. | {"src": "billsum_train", "title": "To make permanent the increases made by the Economic Stimulus Act of 2008 in the loan limits for the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, and the FHA."} | 1,544 | 205 | 0.568348 | 1.524714 | 0.752777 | 5.241758 | 7.43956 | 0.945055 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive Problem Gambling Act
of 2010''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Problem gambling is a public health disorder
characterized by increasing preoccupation with gambling, loss
of control, restlessness or irritability when attempting to
stop gambling, and continuation of the gambling behavior in
spite of mounting, serious, negative consequences.
(2) Over 6,000,000 adults met criteria for a gambling
problem last year.
(3) The estimated social cost to families and communities
from bankruptcy, divorce, job loss, and criminal justice costs
associated with problem gambling was $6,700,000,000 last year.
(4) Problem gambling is associated with higher incidences
of bankruptcy, domestic abuse, and suicide.
(5) People who engage in problem gambling have high rates
of co-occurring substance abuse and mental health disorders.
(6) In response to current budget shortfalls, many States
are considering enacting or have enacted legislation to expand
legal gambling activities with the intent of raising State
revenues.
(7) The Substance Abuse and Mental Health Services
Administration is the lead Federal agency for substance abuse
and mental health services.
(8) There are no agencies or individuals in the Federal
Government with formal responsibility for problem gambling.
SEC. 3. INCLUSION OF AUTHORITY TO ADDRESS GAMBLING IN SAMHSA
AUTHORITIES.
Section 501(d) of the Public Health Service Act (42 U.S.C.
290aa(d)) is amended--
(1) by striking ``and'' at the end of paragraph (17);
(2) by striking the period at the end of paragraph (18) and
inserting ``; and''; and
(3) by adding at the end the following:
``(19) establish and implement programs for the
identification, prevention, and treatment of pathological and
other problem gambling.''.
SEC. 4. PROGRAMS TO RESEARCH, PREVENT, AND ADDRESS PROBLEM GAMBLING.
Title V of the Public Health Service Act (42 U.S.C. 290aa et seq.)
is amended--
(1) by redesignating part G (42 U.S.C. 290kk et seq.),
relating to services provided through religious organizations
and added by section 144 of the Community Renewal Tax Relief
Act of 2000 (114 Stat. 2763A-619), as enacted into law by
section 1(a)(7) of Public Law 106-554, as part J;
(2) by redesignating sections 581 through 584 of that part
J as sections 596 through 596C, respectively; and
(3) by adding at the end the following:
``PART K--PROGRAMS TO RESEARCH, PREVENT, AND ADDRESS PROBLEM GAMBLING
``SEC. 597. PUBLIC AWARENESS.
``(a) In General.--The Secretary, acting through the Administrator,
shall carry out a national campaign to increase knowledge and raise
awareness within the general public with respect to problem gambling
issues. In carrying out the campaign, the Secretary shall carry out
activities that include augmenting and supporting existing (as of the
date of the support) national campaigns and producing and placing
public service announcements.
``(b) Voluntary Donations.--In carrying out subsection (a), the
Secretary may--
``(1) coordinate the voluntary donation of, and administer,
resources to assist in the implementation of new programs and
the augmentation and support of existing national campaigns to
provide national strategies for dissemination of information,
intended to address problem gambling, from--
``(A) television, radio, motion pictures, cable
communications, and the print media;
``(B) the advertising industry;
``(C) the business sector of the United States; and
``(D) professional sports organizations and
associations; and
``(2) encourage media outlets throughout the country to
provide information, aimed at preventing problem gambling,
including public service announcements, documentary films, and
advertisements.
``(c) Focus.--In carrying out subsection (a), the Secretary shall
target radio and television audiences of events including sporting and
gambling events.
``(d) Evaluation.--In carrying out subsection (a), the Secretary
shall evaluate the effectiveness of activities under this section. The
Secretary shall submit a report to the President and Congress
containing the results of the evaluation.
``(e) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $200,000 for
each of fiscal years 2011 through 2015.
``SEC. 597A. RESEARCH.
``(a) In General.--The Secretary, acting through the Administrator,
shall establish and implement a national program of research on problem
gambling.
``(b) National Gambling Impact Study Commission Report.--In
carrying out this section, the Secretary shall consider the
recommendations that appear in chapter 8 of the June 18, 1999, report
of the National Gambling Impact Study Commission.
``(c) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $4,000,000 for
each of fiscal years 2011 through 2015.
``SEC. 597B. PREVENTION AND TREATMENT.
``(a) Grants.--
``(1) In general.--The Secretary, acting through the
Administrator, shall make grants to States, local and tribal
governments, and nonprofit agencies to provide comprehensive
services with respect to treatment and prevention of problem
gambling issues and education about problem gambling issues.
``(2) Application for grant.--To be eligible to receive a
grant under this subsection, an entity shall submit an
application to the Secretary in such form, in such manner, and
containing such agreements, assurances, and information as the
Secretary determines to be necessary to carry out this
subsection.
``(b) Treatment Improvement Protocol.--The Secretary shall develop
a treatment improvement protocol specific to problem gambling.
``(c) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $10,000,000
for each of fiscal years 2011 through 2015.''. | Comprehensive Problem Gambling Act of 2010 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS), acting through the Administrator of the Substance Abuse and Mental Health Services Administration, to: (1) establish and implement programs for the identification, prevention, and treatment of pathological and other problem gambling; (2) carry out a national campaign to increase knowledge and raise awareness of problem gambling; (3) establish and implement a national program of research on problem gambling; and (4) make grants to states, local and tribal governments, and nonprofit agencies to provide comprehensive services with respect to treatment and prevention of, and education about, problem gambling.
Authorizes the Secretary, in carrying out the national campaign, to: (1) administer and coordinate the voluntary donation of resources to assist in implementing new programs and augmenting and supporting existing national campaigns; and (2) encourage media outlets to provide information aimed at preventing problem gambling. Requires the Secretary to target radio and television audiences of events including sporting and gambling events.
Directs the Secretary to develop a treatment improvement protocol for problem gambling. | {"src": "billsum_train", "title": "A bill to amend the Public Health Service Act to specifically include, in programs of the Substance Abuse and Mental Health Services Administration, programs to research, prevent, and address the harmful consequences of pathological and other problem gambling, and for other purposes."} | 1,346 | 227 | 0.576216 | 1.566089 | 0.786195 | 4.753425 | 5.6621 | 0.96347 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Environmental Justice Act of 1993''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) Toxic chemicals are being released in significant
amounts into the environment. Over three billion five hundred
million pounds of toxic releases were reported by approximately
nineteen thousand six hundred industrial plants in 1990, under
the Emergency Planning and Community Right-to-Know Act.
(2) Notwithstanding the benefits of the Emergency Planning
and Community Right-to-Know Act, many toxic chemicals posing
substantial health threats as a result of releases, are not
being reported. The Emergency Planning and Community Right-to-
Know Act excludes hundreds of chemicals listed as toxics under
various environmental laws including: sixteen hazardous air
pollutants, and five extremely hazardous substances listed in
the 1990 Clean Air Act Amendments; one hundred and forty
chemicals regulated as hazardous waste under the Resource
Conservation and Recovery Act because of acute or chronic
toxicity; over two hundred chemicals identified as known or
probable human carcinogens by the EPA and the National
Toxicology Program; sixty-nine special review pesticides
identified under the Federal Insecticide, Fungicide and
Rodenticide Act and hundreds of restricted use pesticides; and
ninety reproductive toxins identified by the California
Department of Health.
(3) Although environmental and health data of toxic
chemical releases are not routinely collected and analyzed by
income and race, racial and ethnic minorities and lower income
Americans may be disproportionately exposed to toxic chemicals
in their residential and workplace environments.
SEC. 3. PURPOSES AND POLICIES.
The purposes of this Act are--
(1) to establish and maintain information which provides an
objective basis for assessment of health effects by income and
race;
(2) to identify those areas with the largest releases of
toxic chemicals to the air, land, water, and workplace;
(3) to assess the health effects that may be caused by
emissions in those areas of highest environmental impact;
(4) to ensure that groups or individuals residing within
High Environmental Impact Areas have the opportunity and the
resources to participate in the technical process which will
determine the possible existence of adverse health impacts;
(5) to identify those activities in high environmental
impact areas found to have significant adverse impacts on human
health; and
(6) to incorporate environmental equity considerations into
planning and implementation of all Federal environmental
programs and statutes.
SEC. 4. DEFINITIONS.
For the purposes of this Act:
(1) The term ``Administrator'' means the Administrator of
the United States Environmental Protection Agency.
(2) The term ``environmental high impact area'' means any
of the one hundred counties or appropriate geographic units
with the highest total weight of toxic chemicals released
during the most recent five-year period for which data is
available, as calculated pursuant to section 4 of this Act.
(3) The term ``toxic chemicals'' means--
(A) all hazardous substances as defined in section
101(14) of the Comprehensive Environmental Response,
Compensation and Liability Act of 1980 (42 U.S.C.
9601(14);
(B) all materials registered pursuant to the
Federal Insecticide, Fungicide and Rodenticide Act (7
U.S.C. 136 et seq.);
(C) all chemicals subject to section 313 of the
Emergency Planning and Community Right-to-Know Act of
1986;
(D) all contaminants identified in the Safe
Drinking Water Act (42 U.S.C. 300g-1);
(E) all chemicals listed by the National Toxicology
Program as known or probable human carcinogens; and
(F) all materials subject to the requirements
concerning material safety data sheets for hazardous
chemicals under the Occupational and Safety and Health
Act of 1970 (15 U.S.C. 615 et seq.).
(4) The term ``release'' shall have the same meaning as
used in section 101(22) of the Comprehensive Environmental
Response, Compensation and Liability Act of 1990 as amended by
the Superfund Amendments and Reauthorization Act of 1986, and
shall also include any release which results in exposure to
persons within a workplace.
(5) The term ``toxic chemical facility'' means any
facility--
(A) subject to reporting requirements under the
Emergency Planning and Community Right-to-Know Act of
1986;
(B) that generates, treats, stores or disposes of a
hazardous waste as defined in section 3001 of the Solid
Waste Disposal Act;
(C) subject to section 112 or 129 of the Clean Air
Act;
(D) subject to sections 307 or 311 of the Federal
Water Pollution Control Act (33 U.S.C. 1251 et seq.);
(E) subject to the Federal Insecticide, Fungicide
and Rodenticide Act (7 U.S.C. 136 et seq.); or
(F) subject to the requirements concerning material
safety data sheets for hazardous chemicals under the
Occupational and Safety and Health Act of 1970 (15
U.S.C. 615 et seq.). For the purpose of this Act the
term ``toxic chemical facility'' shall include any
Federal facility that releases a toxic chemical.
SEC. 5. IDENTIFICATION OF ENVIRONMENTAL HIGH IMPACT AREAS.
(a) Determination of Impacted Areas.--Within six months after the
date of enactment, the Administrator in consultation with the Agency
for Toxic Substances and Disease Registry, the National Institute for
Environmental Health Sciences, the National Center for Health
Statistics and the Bureau of the Census, shall determine the most
appropriate designation of Environmental High Impact Areas, either
counties or other appropriate geographic unit.
(b) Publication of List.--Within twelve months after the date of
enactment of this Act, the Administrator shall publish a list, in rank
order, of the total weight of toxic chemicals released in each county
or other appropriate geographic unit in the United States during the
most recent five-year period for which data are available. If less than
five years of data are available the Administrator shall use available
data until further information is reported.
(c) Compilation of List.--(1) In compiling the list under
subsection (a), the Administrator shall consider and utilize all
appropriate and available data compiled pursuant to any environmental
regulatory authority and other sources, including available data on the
presence of lead-based paint and toxic chemicals from mobile vehicles.
(2) For each county or appropriate geographic unit the
Administrator shall calculate and compile in a data base--
(A) the total weight of toxic chemicals released into the
ambient environment;
(B) the total weight of toxic chemicals released into each
environmental media (air, water, land, workplace); and
(C) the total weight of each toxic chemical released into
the ambient environment, and into each environmental media
(air, water, land, workplace);
and whenever possible shall adjust the estimates of each of the items
in subparagraphs (A) through (C) to account for the toxicity of the
toxic chemicals.
(3) Within six months after the date of enactment the Administrator
shall review the methodology used to compile and summarize information
collected under section 313 of the Emergency Planning and Community
Right-to-Know Act, and publish for public comment any proposed changes
to the methodology necessary to calculate and compile the information
required in paragraph (1).
(4) The Administrator shall revise and republish the list described
in subsection (c) by the date that is five years after the date of
initial publication, and not less frequently than every five years
thereafter, using data compiled during the preceding five-year period.
(d) Environmental High Impact Areas.--(1) Within twelve months
after the date of enactment, and every five years thereafter, the
Administrator shall publish a list of the one hundred counties or other
appropriate geographic unit with the highest total toxic chemical
releases based on the list published in subsection (b). Such counties
or other appropriate geographic unit shall be designated as
``Environmental High Impact Areas''.
(2)(A) To ensure that facilities with the highest potential for
release of toxic chemicals are operating in compliance with all
applicable environmental health and safety standards, the
Administrator, and the Secretary of Labor, shall conduct compliance
inspections of all toxic chemical facilities subject to their
jurisdiction in Environmental High Impact Areas within two years after
the date of enactment of this Act, and not less frequently than every
two years thereafter.
(B) Notwithstanding the requirements in subparagraph (A), the
Administrator or the Secretary of Labor may authorize any state or
Indian tribe which has been delegated authority to administer any
Federal law regulating a toxic chemical which authorizes the inspection
of toxic chemical facilities for compliance with applicable Federal
environmental laws, to conduct such inspections in lieu of the
Administrator or the Secretary of Labor.
(3) Within twenty-four months after the date of enactment of this
Act, the Secretary of Health and Human Services, in consultation with
the Administrator, the Secretary of Labor, the Bureau of Indian
Affairs, and the Commissioners of the United States Commission on Civil
Rights, shall issue for public comment a report identifying the nature
and extent, if any, of acute and chronic impacts on human health in
Environmental High Impact Areas from exposure to toxic chemicals. Such
impacts shall include incidence of cancer, birth deformities, infant
mortality rates, and respiratory diseases. Such report shall include a
comparison of the health impact from exposure to toxic chemicals in
Environmental High Impact Areas with other counties in the United
States. The report shall be coordinated by the Administrator of the
Agency for Toxic Substances Disease Registry of the Department of
Health and Human Services, and in coordinating the report, the
Administrator of the Agency for Toxic Substances and Disease Registry
shall seek to--
(A) isolate the impacts of environmental pollution;
(B) segregate the effects of other factors such as health
care availability or substance abuse;
(C) rank the relative risks posed by the toxic chemicals
present in Environmental High Impact Areas and by the varied
sources of toxic chemicals both individually and cumulatively;
(D) take into account the need to remedy the impacts of
such toxic chemicals in high population density areas;
(E) evaluate the levels below which release of toxic
chemicals, either individually or cumulatively, must be reduced
to avoid adverse impacts on human health; and
(F) determine the impacts of maintaining toxic chemical
releases at the current levels.
(4) If the report under paragraph (3) identifies significant
adverse impacts from exposure to toxic chemicals on human health in
Environmental High Impact Areas as a group, the President shall submit
to Congress within one year after publication of the report, proposed
administrative and legislative changes to remedy and prevent such
impacts, including--
(A) the addition of facilities or chemicals to be subject
to reporting requirements of the Emergency Planning and
Community Right-to-Know Act of 1986, or a reduction in
threshold quantities of chemicals that trigger reporting
requirements under such Act;
(B) the regulation of toxic chemicals not subject to
Federal law based on a statutory or administrative exemption;
and
(C) the imposition of additional regulatory measures for
toxic chemical facilities in an Environmental High Impact Area,
such as emissions fees, source reduction requirements, or
restrictions on toxic chemical releases.
SEC. 6. REDUCTION OF TOXIC CHEMICALS
If the report under section 4(d)(3) identifies significant adverse
impacts on human health from exposure to toxic chemicals in an
Environmental High Impact Area, the Administrator shall promulgate
regulations applicable to any Federal permit for construction or
modification of a toxic chemical facility in that area. Such
regulations shall require a net reduction in the release of any toxic
chemical determined to cause such significant adverse impacts on human
health in that area.
SEC. 7. TECHNICAL ASSISTANCE GRANTS.
(a) In General.--Subject to appropriations, and in accordance with
rules promulgated by the Secretary of Health and Human Services in
consultation with the Administrator, the Secretary may award a grant to
any individual or group of individuals who may be affected by a release
or threatened release of a toxic chemical from any toxic chemical
facility in an environmental high impact area.
(b) Grant requirements.--(1) A grant awarded under this section
shall--
(A) be designed to facilitate access by representatives of
environmental high impact areas to the activities that involve
public participation under this Act and any other related law.
(B) be used to obtain technical assistance relating to the
inspection and review authorities described in section 4(d)(2)
and the study described in section 4(d)(3); and
(C) be in an amount not to exceed $50,000.
(2) Each grant recipient shall be required, as a condition of the
grant, to pay a non-Federal share equal to 20 percent of the grant
amount. The Administrator may waive the 20 percent contribution
requirement if the grant recipient demonstrates financial need to the
satisfaction of the Administrator. Not more than one grant may be made
with respect to each environmental high impact area for the period of a
grant (as determined by the Administrator). At the end of the period, a
grant may be renewed if the Administrator determines that the renewal
is necessary to facilitate public participation.
(3) Grants under this subsection shall be considered to be grants
under section 117(e) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 as amended by the Superfund
Amendments and Reauthorization Act of 1986, and shall be funded in the
same manner. | Environmental Justice Act of 1993 - Directs the Administrator of the Environmental Protection Agency to publish a list, in rank order, of the total weight of toxic chemicals released in each county or other geographic unit in the most recent five-year period for which data are available. Designates the 100 counties with the highest total releases as Environmental High Impact Areas. Requires the publication of such list every five years.
Directs the Administrator and the Secretary of Labor to conduct compliance inspections of all toxic chemical facilities in such Areas at least every two years. Delegates such authority to States or Indian tribes authorized to administer Federal laws regulating toxic chemicals.
Requires the Secretary of Health and Human Services to issue a report identifying the nature and extent of acute and chronic health impacts in such Areas from exposure to toxic chemicals as compared to other counties.
Directs the President, if the report identifies significant adverse impacts, to report proposed administrative and legislative changes to the Congress to remedy and prevent such impacts. Includes within such remedies: (1) expansion of the Emergency Planning and Community Right-To-Know Act of 1986 to include additional facilities or chemicals or reduced quantities of chemicals triggering reporting requirements; (2) the regulation of toxic chemicals not subject to Federal law based on a statutory or administrative exemption; and (3) the imposition of additional regulatory measures for toxic chemical facilities in such Areas.
Requires the Administrator, if the report identifies significant adverse impacts, to promulgate regulations applicable to any Federal permit for construction or modification of a toxic chemical facility to require a net reduction in the release of a chemical determined to cause adverse health impacts in such an Area.
Authorizes the Secretary of Health and Human Services to make grants to individuals who may be threatened by toxic chemical releases in such Areas to: (1) facilitate access to the public participation process under this and other Acts; and (2) be used to obtain technical assistance relating to inspection and review authorities. | {"src": "billsum_train", "title": "Environmental Justice Act of 1993"} | 2,871 | 413 | 0.605041 | 1.917935 | 0.72417 | 4.305483 | 7.227154 | 0.937337 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Learning Differences Act of 1998''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) Disability is a natural part of the human experience
and encompasses physical, mental, and cognitive impairments.
The term ``learning disability'' refers to a number of specific
learning disabilities, such as dyslexia. These disorders may
manifest themselves in an imperfect ability to listen, think,
speak, read, write, spell, reason, or perform mathematical
calculations. Learning disabilities tend to endure from
childhood into adulthood.
(2) 2,600,000 of the 5,100,000 children with disabilities
served under the Individuals with Disabilities Education Act in
elementary and secondary education are children with learning
disabilities.
(3) About 2 percent of all undergraduate students
nationwide report having a learning disability. Different
teaching strategies are needed to enable them to develop their
talents and perform up to their capacity.
(4) A greater number of individuals with learning
disabilities can benefit from postsecondary education, and
contribute more fully to society and the economy, with adequate
and appropriate programs, services, adaptations, and
accommodations.
(5) Civil rights laws protect individuals with
disabilities, including individuals with learning disabilities,
in postsecondary education, and institutions of higher
education require assistance to comply with these laws.
(6) Exemplary institutions of higher education dedicated to
meeting the needs of individuals with learning disabilities
exist and can serve as a national resource for other
institutions in educating these students.
(b) Purposes.--The purposes of this Act are as follows:
(1) To assist model institutions of higher education with
demonstrated prior experience in serving individuals with
learning disabilities.
(2) To demonstrate and disseminate programs, services,
adaptations, accommodations, strategies, and approaches to
teaching individuals with disabilities in postsecondary
education.
SEC. 3. PROGRAM AUTHORITY.
(a) In General.--The Secretary of Education may award grants to,
and enter into contracts and cooperative agreements with, not more than
5 institutions of higher education that are described in section 4 for
demonstration projects to develop, test, and disseminate, in accordance
with section 5, methods, techniques, and procedures for ensuring equal
educational opportunity for individuals with learning disabilities in
postsecondary education.
(b) Award Basis.--Grants, contracts, and cooperative agreements
shall be awarded on a competitive basis.
(c) Award Period.--Grants, contracts, and cooperative agreements
shall be awarded for a period of 3 years.
SEC. 4. ELIGIBLE ENTITIES.
Entities eligible to apply for a grant, contract, or cooperative
agreement under this Act are institutions of higher education (as
defined in section 1201 of the Higher Education Act of 1956) with
demonstrated prior experience with meeting the postsecondary
educational needs of individuals with learning disabilities.
SEC. 5. REQUIRED ACTIVITIES.
A recipient of a grant, contract, or cooperative agreement under
this Act shall use the funds received under this Act to carry out each
of the following activities:
(1) Developing or identifying innovative, effective, and
efficient approaches, strategies, supports, modifications,
adaptations, and accommodations that enable individuals with
learning disabilities to fully participate in postsecondary
education.
(2) Synthesizing research and other information related to
the provision of services to individuals with learning
disabilities in postsecondary education.
(3) Conducting training sessions for personnel from other
institutions of higher education to enable them to meet the
special needs of postsecondary students with learning
disabilities.
(4) Preparing and disseminating products based upon the
activities described in paragraphs (1) through (3).
(5) Coordinating findings and products from the activities
described in paragraphs (1) through (4) with other similar
products and findings through participation in conferences,
groups, and professional networks involved in the dissemination
of technical assistance and information on postsecondary
education.
SEC. 6. PRIORITY.
The Secretary of Education shall ensure that, to the extent
feasible, there is a national geographic distribution of grants,
contracts, and cooperative agreements awarded under this Act throughout
the States, except that the Secretary may give priority to a
historically Black college or university that satisfies the
requirements of section 4.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$10,000,000 for each of the fiscal years 1999 through 2001. | Learning Differences Act of 1998 - Authorizes the Secretary of Education to award grants to, and enter into contracts and cooperative agreements with, as many as five institutions of higher education, on a competitive basis, for demonstration projects to develop, test, and disseminate methods, techniques, and procedures for ensuring equal educational opportunity in postsecondary education for individuals with learning disabilities.
Requires national geographic distribution of such awards, to the extent feasible, but authorizes giving priority to a historically Black college or university that meets specified eligibility requirements.
Authorizes appropriations. | {"src": "billsum_train", "title": "Learning Differences Act of 1998"} | 952 | 124 | 0.530661 | 1.54089 | 0.641405 | 4.490385 | 8.807692 | 0.875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Our Infants Act of
2014''.
SEC. 2. EVIDENCE-INFORMED RECOMMENDATIONS WITH RESPECT TO MATERNAL
ADDICTION AND NEONATAL ABSTINENCE SYNDROME.
(a) In General.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary'') shall coordinate and
facilitate the--
(1) identification and compilation of evidence-informed
recommendations for physicians, nurses, and hospital facilities
with respect to neonatal abstinence syndrome; and
(2) identification of any gaps, as appropriate, in such
evidence-informed recommendations that may require additional
research or analysis with respect to--
(A) screening and intervention for maternal
substance abuse, including the misuse or abuse of
prescription drugs in women of childbearing age and
pregnant women;
(B) treatment for pregnant and postpartum women
with a substance use disorder, including the misuse or
abuse of prescription drugs;
(C) screening of infants for neonatal abstinence
syndrome and for the risk of developing neonatal
abstinence syndrome;
(D) treatment for infants with neonatal abstinence
syndrome, including evidence-informed recommendations
surrounding evaluation and treatment with
pharmacological and non-pharmacological interventions;
and
(E) ongoing treatment, services, and supports for
postpartum women with a substance use disorder,
including misuse or abuse of prescription drugs, and
infants and children with neonatal abstinence syndrome.
(b) Input.--In carrying out subsection (a), the Secretary shall
consider input from stakeholders, such as health professionals, public
health officials, and law enforcement.
(c) Dissemination of Information.--The Secretary shall disseminate
to appropriate stakeholders in States and local communities the
evidence-informed recommendations identified under subsection (a).
(d) Addressing Research Needs for Maternal Addiction and Neonatal
Abstinence Syndrome.--The Secretary shall conduct a study to evaluate--
(1) factors related to the increased prevalence of maternal
opiate misuse and abuse;
(2) factors related to maternal misuse and abuse of
opiates, including--
(A) barriers to identifying and treating maternal
misuse and abuse of opiates; and
(B) the most effective prevention and treatment
strategies for pregnant women and other women of
childbearing age who are at risk for or dependent on
opiates; and
(3) factors related to neonatal abstinence syndrome,
including--
(A) epidemiological studies concerning neonatal
abstinence syndrome;
(B) the most effective methods to diagnose and
treat neonatal abstinence syndrome; and
(C) the long-term effects of neonatal abstinence
syndrome and the need for a longer-term study on
infants and children at risk for developing neonatal
abstinence syndrome or diagnosed with neonatal
abstinence syndrome.
(e) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall provide to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee on
Energy and Commerce of the House of Representatives the findings from
the study under subsection (d) and a report that identifies the gaps in
evidence-informed recommendations that require additional research or
analysis, and priority areas for additional research.
SEC. 3. IMPROVING DATA ON NEONATAL ABSTINENCE SYNDROME.
The Secretary of Health and Human Services, acting through the
Director of the Centers for Disease Control and Prevention, shall
provide technical assistance to States to improve the availability and
quality of data collection and surveillance activities regarding
neonatal abstinence syndrome, including--
(1) incidence and prevalence of neonatal abstinence
syndrome;
(2) the identification of causes for neonatal abstinence
syndrome, including new and emerging trends; and
(3) the identification of demographics and other relevant
information associated with neonatal abstinence syndrome.
SEC. 4. PAIN MANAGEMENT ALTERNATIVES.
It is the sense of Congress that the Director of the National
Institutes of Health should continue research with respect to pain
management, including for women of childbearing age.
SEC. 5. GAO STUDY.
Not later than 1 year after the date of enactment of this Act, the
Comptroller General of the United States shall conduct a study
evaluating--
(1) the availability and effectiveness of federally
facilitated substance abuse treatment programs for pregnant
women and their children;
(2) the availability and effectiveness of Federal programs
that encourage State adoption and implementation of programs to
ensure--
(A) the safety and health of mothers who have a
substance use disorder; and
(B) the safety and health of children with neonatal
abstinence syndrome;
(3) the effectiveness of Federal data systems and
surveillance programs used to monitor or track drug utilization
and resulting trends, including whether information on neonatal
abstinence syndrome is incorporated into such data systems; and
(4) the identification of the use of all discretionary
funds to address maternal substance abuse, including the misuse
and abuse of prescription drugs. | Protecting Our Infants Act of 2014 - Requires the Secretary of Health and Human Services (HHS) to study maternal opiate abuse and neonatal abstinence syndrome, identify gaps in evidence-informed recommendations for health care professionals and facilities regarding neonatal abstinence syndrome, and identify priority areas for additional research. Requires the Director of the Centers for Disease Control and Prevention (CDC) to assist states in collecting data on neonatal abstinence syndrome, including incidence, causes, and demographics. Directs the Comptroller General (GAO) to evaluate the effectiveness of federal activities regarding substance abuse treatment for pregnant women and their children. | {"src": "billsum_train", "title": "Protecting Our Infants Act of 2014"} | 1,136 | 148 | 0.628903 | 1.660245 | 0.729303 | 2.973214 | 8.883929 | 0.901786 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cross-Border Cooperation and
Environmental Safety in Northern Europe Act of 2000''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) Northern Europe is an increasingly vital part of Europe and
one that offers great opportunities for United States investment.
(2) Northern Europe offers an excellent opportunity to make
progress toward the United States vision of a secure, prosperous,
and stable Europe, in part because of--
(A) historical tradition of regional cooperation;
(B) the opportunity to engage Russia in positive,
cooperative activities with its neighbors to the west;
(C) commitment by the Baltic states to regional cooperation
and integration into western institutions; and
(D) longstanding, strong ties with the United States.
(3) The United States Northern Europe Initiative (NEI) provides
the conceptual and operational framework for United States policy
in the region, focused on developing a regional network of
cooperation in the important areas of business and trade promotion,
law enforcement, the environment, energy, civil society, and public
health.
(4) A central objective of the United States Northern Europe
Initiative is to promote cross-border cooperation among the
countries in the region.
(5) A wide variety of regional and cross-border projects have
been initiated under the United States Northern Europe Initiative
since the Initiative was established in 1997, including the
following:
(A) A United States-Lithuanian training program for
entrepreneurs from Belarus and Kaliningrad.
(B) The Great Lakes-Baltic Sea Partnership program that is
being implemented by the Environmental Protection Agency.
(C) A Center of Excellence for Treatment of Multidrug-
Resistant Tuberculosis in Riga, Latvia.
(D) A regional HIV/AIDS strategy being developed under
United States and Finnish leadership.
(E) Multiple efforts to combat organized crime, including
regional seminars for police officers and prosecutors.
(F) Programs to encourage reform of the Baltic electricity
market and encourage United States investment in such market.
(G) Language and job training programs for Russian-speaking
minorities in Latvia and Estonia to promote social integration
in those countries.
(H) A mentoring partnership program for woman entrepreneurs
in the northwest region of Russia and the Baltic states, as
part of broader efforts to promote women's participation in
political and economic life.
(6) Norway, Sweden, and Finland have made considerable efforts
to provide assistance to the newly independent Baltic states and to
the Northwest region of Russia. In particular, the United States
notes the request placed before the European Union by Finland in
1999 for the creation and extensive funding by the European Union
of a ``Northern Dimension'' Initiative to substantially address the
problems that now exist in Northern Europe with regard to economic
development, protection of the environment, the safety and
containment of nuclear materials, and other issues.
(7) The United States commends the endorsement of the
``Northern Dimension'' Initiative by the European Council at its
meeting in Helsinki, Finland in December 1999 and calls on the
European Union to act on that endorsement through the provision of
substantial funding for the Initiative.
(8) While the European Union, its member states, and other
European countries should clearly take the lead in addressing the
challenges posed in Northern Europe, in particular through
appropriate yet substantial assistance provided by the European
Union, the United States Northern Europe Initiative, and this Act
are intended to supplement such efforts and build on the
considerable assistance that the United States has already provided
to the Baltic states and the Russian Federation. Partnership with
other countries in the region means modest United States investment
can have significant impact.
(9) The United States Northern Europe Initiative's focus on
regional environmental challenges is particularly important.
Northern Europe is home to significant environmental problems,
particularly the threat posed by nuclear waste from Russian
submarines, icebreakers, and nuclear reactors.
(10) In particular, 21,000 spent fuel assemblies from Russian
submarines are lying exposed near Andreeyeva Bay, nearly 60
dangerously decrepit nuclear submarines, many in danger of sinking,
are languishing in the Murmansk area of Northwest Russia, whole
reactors and radioactive liquid waste are stored on unsafe floating
barges, and there are significant risks of marine and atmospheric
contamination from accidents arising from loss of electricity or
fire on deteriorating, poorly monitored nuclear submarines.
(11) This waste poses a threat to the safety and stability of
Northern Europe and to countries of the Eurasian continent.
(12)(A) In addition, the Environmental Protection Agency has
facilitated the expansion and upgrading of a facility for the
treatment of low-level liquid radioactive waste from the
decommissioning of nuclear submarines docked at naval facilities in
the Arctic region of Russia.
(B) The Environmental Protection Agency has also initiated a
project to construct an 80-ton prototype cask for the storage and
transport of civilian-controlled spent nuclear fuel, much of it
damaged and currently stored onboard an aging vessel anchored in
Murmansk Harbor. Currently in the design phase, this project is
scheduled for completion in 2000.
(13) Working with the countries in the region to address these
environmental problems remains vital to the long-term national
interest of the United States.
(14) The United States and other countries are currently
negotiating a number of agreements with Russia which will provide
internationally accepted legal protections for the United States
and other countries that provide nuclear waste management
assistance to Russia. Regrettably, it has not yet been possible to
resolve remaining differences over liability, taxation of
assistance, privileges and immunities for foreign contractors, and
audit rights.
(15) Concluding these agreements is vital to the continued
provision of such assistance and to the possible development of new
programs.
(16) With the election of Russian President Vladamir Putin, the
opportunity presents itself to surmount these problems, to conclude
these outstanding agreements, and to allow assistance programs to
move forward to alleviate this problem.
(17) The United States Government is currently studying whether
dismantlement of multi-purpose submarines is in the national
interest.
(b) Purpose.--The purpose of this Act is to demonstrate concrete
support for continued cross-border cooperation in Northern Europe and
immediate efforts to assist in the clean up of nuclear waste in that
region.
SEC. 3. SENSE OF THE CONGRESS.
It is the sense of the Congress that--
(1) the United States Northern Europe Initiative is a sound
framework for future United States involvement in Northern Europe;
(2) the European Union should move expeditiously to authorize
and fund the proposed ``Northern Dimension'' Initiative at
appropriate yet substantial levels of assistance;
(3) the United States should continue to support a wide-ranging
strengthening of democratic and civic institutions on a regional
basis to provide a foundation for political stability and
investment opportunities, including cross-border exchanges, in
Northern Europe;
(4) the United States should demonstrate continued commitment
to address environmental security challenges in Northwest Russia,
in cooperation with partners in the region;
(5) recently-elected Russian President Vladamir Putin should
rapidly conclude pending nuclear waste management agreements to
enable assistance programs to go forward; and
(6) assistance to Russia on nuclear waste management should
only be provided after issues related to liability, taxation of
assistance, privileges and immunities for foreign contractors, and
audit rights have been resolved.
SEC. 4. SUPPORT FOR UNITED STATES NORTHERN EUROPE INITIATIVE PROJECTS.
(a) Availability of Amounts From East European and the Baltic
States Assistance.--Of the amounts available for fiscal year 2001 to
carry out the provisions of the Foreign Assistance Act of 1961 and the
Support for Eastern European Democracy (SEED) Act of 1989 for
assistance and for related programs for Eastern Europe and the Baltic
states, not less than $2,000,000 shall be used for projects described
in subsection (c).
(b) Availability of Amounts From Independent States of the Former
Soviet Union Assistance.--Of the amounts available for fiscal year 2001
to carry out the provisions of chapter 11 of part I of the Foreign
Assistance Act of 1961 and the Freedom for Russia and Emerging Eurasian
Democracies and Open Markets Support Act of 1992 for assistance for the
independent states of the former Soviet Union and related programs, not
less than $2,000,000 shall be used for the projects described in
subsection (c).
(c) Projects Described.--The projects described in this subsection
are United States Northern Europe Initiative projects relating to
environmental cleanup, law enforcement, public health, energy, business
and trade promotion, and civil society.
SEC. 5. REPORT ON ENVIRONMENTAL SECURITY.
Not later that 180 days after the date of the enactment of this
Act, the Secretary of State, in consultation with the heads of other
appropriate Federal departments and agencies, shall prepare and submit
to the Congress a report on--
(1) the threat to the environmental security of the countries
of Northern Europe and other countries of Europe and Asia presented
by Russian marine nuclear reactors, waste, and contamination; and
(2) identifying the possibilities for new and expanded United
States and multilateral assistance programs for environmental
clean-up in Northwest Russia, including technical exchanges and
private-public partnerships.
SEC. 6. DEFINITIONS.
In this Act:
(1) Northern europe.--The term ``Northern Europe'' means the
northwest region of the Russian Federation (including Kaliningrad),
the Republic of Belarus, the Republic of Estonia, the Republic of
Latvia, the Republic of Lithuania, the Kingdom of Denmark, the
Republic of Finland, the Republic of Iceland, the Kingdom of
Norway, the Republic of Poland, and the Kingdom of Sweden.
(2) United states northern europe initiative.--The term
``United States Northern Europe Initiative'' means the framework
agreement established in 1997 between the United States and the
countries of Northern Europe to promote stability in the Baltic Sea
region and to strengthen key institutions and security structures
of the United States and the countries of Northern Europe.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Allocates specified sums from previously authorized appropriations for assistance and related programs for Eastern Europe and the Baltic States for the United States Northern Europe Initiative projects relating to environmental cleanup, law enforcement, public health, energy, business and trade promotion.
Instructs the Secretary of State to report to Congress on: (1) the threat to environmental security presented by Russian marine nuclear reactor, waste, and contamination; and (2) possibilities for expanded United States and multilateral assistance programs for environmental clean-up in Northwest Russia, including technical exchanges and private- public partnerships. | {"src": "billsum_train", "title": "Cross-Border Cooperation and Environmental Safety in Northern Europe Act of 2000"} | 2,126 | 115 | 0.510654 | 1.606497 | 0.612889 | 5.439252 | 19.579439 | 0.915888 |
SECTION 1. DEFINITIONS.
For the purposes of this section, the following definitions apply:
(1) District.--The term ``District'' means the Fallbrook
Public Utility District, San Diego County, California.
(2) Project.--The term ``Project'' means the impoundment,
recharge, treatment, and other facilities the construction,
operation, and maintenance of which is authorized under
subsection (b).
SEC. 2. AUTHORIZATION FOR CONSTRUCTION OF LOWER SANTA MARGARITA
CONJUNCTIVE USE PROJECT.
(a) Authorization.--The Secretary, acting pursuant to the Federal
reclamation laws (Act of June 17, 1902; 32 Stat. 388), and Acts
amendatory thereof or supplementary thereto, as far as those laws are
not inconsistent with the provisions of this Act, is authorized to
construct, operate, and maintain to make the yield of the Lower Santa
Margarita Conjunctive Use Project to be located below the confluence of
De Luz Creek with the Santa Margarita River on Camp Joseph H.
Pendleton, the Fallbrook Annex of the Naval Weapons Station, and
surrounding lands within the service area of the District available for
irrigation, municipal, domestic, military, and other uses for the
District and such other users as herein provided.
(b) Conditions.--The Secretary of the Interior may construct the
Project only after the Secretary of the Interior determines that the
following conditions have occurred:
(1) The District has entered into a contract under section
9(d) of the Reclamation Project Act of 1939 to repay to the
United States appropriate portions, as determined by the
Secretary, of the actual costs of constructing, operating, and
maintaining the Project, together with interest as hereinafter
provided.
(2) The officer or agency of the State of California
authorized by law to grant permits for the appropriation of
water has granted such permits to the Bureau of Reclamation for
the benefit of the Department of the Navy and the District as
permitees for rights to the use of water for storage and
diversion as provided in this Act, including approval of all
requisite changes in points of diversion and storage, and
purposes and places of use.
(3) The District has agreed that it will not assert against
the United States any prior appropriative right the District
may have to water in excess of the quantity deliverable to it
under this Act, and will share in the use of the waters
impounded by the Project on the basis of equal priority and in
accordance with the ratio prescribed in section 4(b). This
agreement and waiver and the changes in points of diversion and
storage under paragraph (2), shall become effective and binding
only when the Project has been completed and put into
operation.
(4) The Secretary of the Interior has determined that the
Project has economic, environmental, and engineering
feasibility.
SEC. 3. COSTS.
The Department of the Navy shall not be responsible for any costs
in connection with the Project, except upon completion and then shall
be charged in reasonable proportion to its use of the Project under
regulations agreed upon by the Secretary of the Navy and Secretary of
the Interior.
SEC. 4. OPERATION; YIELD ALLOTMENT; DELIVERY.
(a) Operation.--The operation of the Project may be by the
Secretary of the Interior or otherwise as agreed upon by the
Secretaries of the Interior and the Navy and the District, under
regulations satisfactory to the Secretary of the Navy with respect to
the Navy's share of the impounded water and national security.
(b) Yield Allotment.--Except as otherwise agreed between the
parties, the Department of the Navy and the District shall participate
in the water impounded by the Project on the basis of equal priority
and in accordance with the following ratio:
(1) 60 percent of the Project's yield is allotted to the
Secretary of the Navy.
(2) 40 percent of the Project's yield is allotted to the
District.
(c) Contracts for Delivery of Water.--
(1) In general.--If the Secretary of the Navy certifies
that the Department of the Navy does not have immediate need
for any portion of the 60 percent yield allotted under
subsection (b), the official agreed upon to administer the
Project may enter into temporary contracts for the delivery of
the excess water.
(2) First right for excess water.--The first right of the
Secretary of the Navy to demand that water without charge and
without obligation on the part of the United States after 30
days notice shall be included as a condition of contracts
entered into under this subsection. The first right to water
available under paragraph (1) shall be given the District, if
otherwise consistent with the laws of the State of California.
(3) Disposition of funds.--Moneys paid to the United States
under a contract under this subsection shall be covered into
the general Treasury or to the Secretary of the Navy, as
services in lieu of payment for operation and maintenance of
the Project, and shall not be applied against the indebtedness
of the District to the United States.
(4) Modification of rights and obligations related to water
yield.--The rights and obligations of the United States and the
District regarding the ratio or amounts of Project yield
delivered may be modified by an agreement between the parties.
SEC. 5. REPAYMENT OBLIGATION OF THE DISTRICT.
(a) In General.--The general repayment obligation of the District
shall be determined by the Secretary of the Interior consistent with
the Water Supply Act of 1958; provided, however, that for the purposes
of calculating interest and determining the time when the District's
repayment obligation to the United States commences, the pumping and
treatment of groundwater from the Project shall be deemed equivalent to
the first use of water from a water storage project.
(b) Modification of Rights and Obligation by Agreement.--The rights
and obligations of the United States and the District regarding the
repayment obligation of the District may be modified by an agreement
between the parties.
SEC. 6. TRANSFER OF CARE, OPERATION, AND MAINTENANCE.
The Secretary may transfer to the District, or a mutually agreed
upon third party, the care, operation, and maintenance of the Project
under conditions satisfactory to that Secretary and the District, and
with respect to the portion of the Project that is located within the
boundaries of Camp Pendleton, satisfactory also to the Secretary of the
Navy. If such a transfer takes place, the District shall be entitled to
an equitable credit for the costs associated with the Secretary's
proportionate share of the operation and maintenance of the Project.
The amount of such costs shall be applied against the indebtedness of
the District to the United States.
SEC. 7. SCOPE OF ACT.
For the purpose of this Act, the basis, measure, and limit of all
rights of the United States pertaining to the use of water shall be the
laws of the State of California. That nothing in this Act shall be
construed--
(1) as a grant or a relinquishment by the United States of
any rights to the use of water that it acquired according to
the laws of the State of California, either as a result of its
acquisition of the lands comprising Camp Joseph H. Pendleton
and adjoining naval installations, and the rights to the use of
water as a part of that acquisition, or through actual use or
prescription or both since the date of that acquisition, if
any;
(2) to create any legal obligation to store any water in
the Project, to the use of which the United States has such
rights;
(3) to constitute a recognition of, or an admission that,
the District has any rights to the use of water in the Santa
Margarita River, which rights, if any, exist only by virtue of
the laws of the State of California; or
(4) to require the division under this Act of water to
which the United States has such rights.
SEC. 8. LIMITATIONS ON OPERATION AND ADMINISTRATION.
Unless otherwise agreed by the Secretary of the Navy, the Project--
(1) shall be operated in a manner which allows the free
passage of all of the water to the use of which the United
States is entitled according to the laws of the State of
California either as a result of its acquisition of the lands
comprising Camp Joseph H. Pendleton and adjoining naval
installations, and the rights to the use of water as a part of
those acquisitions, or through actual use or prescription, or
both, since the date of that acquisition, if any; and
(2) shall not be administered or operated in any way which
will impair or deplete the quantities of water the use of which
the United States would be entitled under the laws of the State
of California had the Project not been built.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated, out of any money in the
Treasury of the United States not otherwise appropriated, the
following:
(1) $60,000,000 (the current estimated construction cost of
the Project, plus or minus such amounts as may be indicated by
the engineering cost indices for this type of construction);
and
(2) such sums as may be required to operate and maintain
the said project.
SEC. 10. REPORTS TO CONGRESS.
Not later than 1 year after the date of the enactment of this Act
and periodically thereafter, the Secretary of the Interior and the
Secretary of the Navy shall each report to the Congress regarding if
the conditions specified in section 2(b) have been met and if so, the
details of how they were met.
Passed the House of Representatives October 4, 2004.
Attest:
JEFF TRANDAHL,
Clerk. | (Sec. 2) Authorizes the Secretary of the Interior to construct, operate, and maintain facilities to provide water for irrigation, municipal, domestic, military, and other uses for the Fallbrook Public Utility District, San Diego County, from the Santa Margarita River, California.
Authorizes Project construction only after determining that: (1) the District has entered into a contract to repay to the United States specified costs, with interest; (2) the authorized California officer or agency has granted water use permits to the Bureau of Reclamation for the benefit of the Department of the Navy and the District; (3) the District has agreed that it will not assert against the United States any prior right it may have to water in excess of the quantity deliverable under this Act and will share water (as specified in section 4); and (4) the Secretary has determined that the Project has economic and engineering feasibility.
(Sec. 3) Limits Navy Department responsibility for Project costs.
(Sec. 4) Directs that, except as otherwise agreed between the parties, the Navy Department and the District participate in the water impounded by the Project on the basis of equal priority with 60 percent of the Project's yield allotted to the Secretary of the Navy and 40 percent allotted to the District. Authorizes: (1) temporary contracts for the delivery of excess water by the Navy Department; and (2) modification of rights and obligations by agreement between the parties.
(Sec. 5) Directs that the District's general repayment obligation be determined by the Secretary of the Interior consistent with the Water Supply Act of 1958, but, for purposes of calculating interest and determining the time when the District's repayment obligation to the United States commences, deems the pumping and treatment of Project groundwater to be equivalent to the first use of water from a water storage project.
(Sec. 6) Authorizes the Secretary to transfer the Project's care, operation, and maintenance to the District or a mutually agreed upon third party under specified conditions.
(Sec. 7) Makes the laws of California the basis of all Federal rights pertaining to the use of water under this Act.
(Sec. 8) Directs that, unless otherwise agreed by the Secretary of the Navy, the Project: (1) shall be operated in a manner which allows the free passage of all of the water to which the United States is entitled either as a result of its acquisition of the lands comprising Camp Joseph H. Pendleton and adjoining naval installations and the water rights as a part of those acquisitions, or through actual use or prescription, or both, since the date of any acquisition; and (2) shall not be administered in any way which will impair or deplete the quantities of water to which the United States would be entitled had the Project not been built.
(Sec. 9) Authorizes appropriations.
(Sec. 10) Sets forth reporting requirements by the Secretary of the Interior and the Secretary of the Navy. | {"src": "billsum_train", "title": "To authorize the Secretary of the Interior to construct facilities to provide water for irrigation, municipal, domestic, military, and other uses from the Santa Margarita River, California, and for other purposes."} | 2,067 | 638 | 0.746906 | 2.58444 | 0.717703 | 5.570205 | 3.383562 | 0.967466 |
SECTION 1. EXTENSION OF EXISTING SUSPENSION OF DUTY ON CERTAIN
CHEMICALS.
Each of the following headings of the Harmonized Tariff Schedule of
the United States is amended by striking ``12/31/92'' and inserting
``12/31/94''.
(1) 9902.29.04 (relating to p-Toluenesulfonyl chloride).
(2) 9902.29.13 (relating to 2,6-Dichlorobenzaldehyde).
(3) 9902.29.28 (relating to <greek-a>,<greek-a>,<greek-a>-
Trifluoro-o-toluidine).
(4) 9902.29.30 (relating to 8-Amino-1-naphthalenesulfonic
acid and its salts).
(5) 9902.29.31 (relating to 5-Amino-2-(p-
aminoanilino)benzenesulfonic acid).
(6) 9902.29.33 (relating to 1-Amino-8-hydroxy-3,6-
naphthalenedisulfonic acid; and 4-Amino-5-hydroxy-2,7-
naphthalenedisulfonic acid, monosodium salt (H acid, monosodium
salt)).
(7) 9902.29.35 (relating to 6-Amino-4-hydroxy-2-
naphthalenesulfonic acid (Gamma Acid)).
(8) 9902.29.38 (relating to 3,3'-Dimethoxybenzidine (o-
Dianisidine) and its dihydrochloride).
(9) 9902.29.40 (relating to 2-Amino-5-nitrophenol).
(10) 9902.29.43 (relating to 1-Amino-2,4-
dibromoanthraquinone).
(11) 9902.29.44 (relating to 1-Amino-4-bromo-2-
anthraquinonesulfonic acid (Bromamine acid) and its sodium
salt).
(12) 9902.29.47 (relating to 4-Methoxyaniline-2-sulfonic
acid).
(13) 9902.29.51 (relating to N-(7-Hydroxy-1-naphthyl
acetamide).
(14) 9902.29.57 (relating to N,N-bis(2-cyanoethyl)aniline).
(15) 9902.29.64 (relating to 6-(3-Methyl-5-oxo-1-
pyrazolyl)-1,3-naphthalenedisulfonic acid (amino-J-pyrazolone)
(CAS No. 7277-87-4); and 3-Methyl-1-phenyl-5-pyrazolone
(Methylphenylpyrazolone).
(16) 9902.29.69 (relating to 3-Methyl-5-pyrazolone).
(17) 9902.29.79 (relating to 2-Amino-N-
ethylbenzenesulfonoanilide).
(18) 9902.30.15 (relating to 7-Hydroxy-1,3-
naphthalenedisulfonic acid, dipotassium salt (CAS No. 842-18-
2)).
(19) 9902.30.18 (relating to 1,4-Dihydroxyanthraquinone
(CAS No. 81-64-1)).
(20) 9902.30.31 (relating to 2-Chloro-4-nitroaniline (CAS
No. 121-87-9)).
(21) 9902.30.32 (relating to 4-Chloro-<greek-a>-<greek-a>-
<greek-a>-trifluoro-o-toluidine (CAS No. 445-03-4)).
(22) 9902.30.34 (relating to 5-Amino-2-naphthalenesulfonic
acid (CAS No. 119-79-9)).
(23) 9902.30.35 (relating to 7-Amino-1,3-
naphthalenedisulfonic acid, monopotassium salt (CAS No. 842-15-
9)).
(24) 9902.30.36 (relating to 4-Amino-1-naphthalenesulfonic
acid, sodium salt (CAS No. 130-13-2)).
(25) 9902.30.37 (relating to 8-Amino-2-naphthalenesulfonic
acid (CAS No. 119-28-8)).
(26) 9902.30.38 (relating to mixtures of 5- and 8-amino-2-
naphthalenesulfonic acid (CAS No. 119-28-8)).
(27) 9902.30.39 (relating to 1-Naphthylamine (CAS No. 134-
32-7)).
(28) 9902.30.40 (relating to 6-Amino-2-naphthalenesulfonic
acid (CAS No. 93-00-5)).
(29) 9902.30.43 (relating to 2,4-Diaminobenzenesulfonic
acid (CAS No. 88-63-1)).
(30) 9902.30.48 (relating to 2-Amino-4-chlorophenol (CAS
No. 95-85-2)).
(31) 9902.30.47 (relating to 1-Amino-2-methoxybenzene (o-
Anisidine) (CAS No. 90-04-0)).
(32) 9902.30.51 (relating to 7-Anilino-4-hydroxy-2-
naphthalenesulfonic acid (CAS No. 119-40-4)).
(33) 9902.30.52 (relating to 1,4-Diamino-2,3-
dihydroanthraquinone (CAS No. 81-63-0)).
(34) 9902.30.55 (relating to 1-Amino-2-bromo-4-
hydroxyanthraquinone (CAS No. 116-82-5)).
(35) 9902.30.67 (relating to 4-Aminoacetanilide (CAS No.
122-80-5)).
(36) 9902.30.75 (relating to 2-[(4-
Aminophenyl)sulfonyl]ethanol, hydrogen sulfate ester (CAS No.
2494-89-5)).
(37) 9902.30.80 (relating to 2,5-Dichloro-4-(3-methyl-5-
oxo-2-pyrazolin-1-yl)-benzenesulfonic acid (CAS No. 84-57-1)).
(38) 9902.30.89 (relating to 1,3,3-Trimethyl-2-
methyleneindoline (CAS No. 118-12-7)).
(39) 9902.30.94 (relating to 7-Nitronaphth[1,2]-oxadiazole-
5-sulphonic acid (CAS No. 84-91-3)).
SEC. 2. APPLICABILITY.
(a) In General.--The amendments made by section 1 of this Act shall
take effect on the 15th day after the date of the enactment of this
Act.
(b) Retroactive Provision.--Notwithstanding section 514 of the
Tariff Act of 1930 or any other provision of law to the contrary, upon
a request filed with the appropriate customs officer before the 90th
day after the date of the enactment of this Act, any entry or
withdrawal from warehouse for consumption of goods to which the
amendment made by section 1 applies and that was made--
(1) after December 31, 1992; and
(2) before the 15th day after the date of the enactment of
this Act;
and with respect to which there would have been a lower duty if the
amendment made by section 1 had applied to such entry or withdrawal,
shall be liquidated or reliquidated as though such entry or withdrawal
had occurred on such 15th day. | Amends the Harmonized Tariff Schedule of the United States to extend, through December 31, 1994, the suspension of duty on certain chemicals. | {"src": "billsum_train", "title": "To extend until January 1, 1995, the existing suspension of duty on certain chemicals."} | 1,841 | 30 | 0.427234 | 1.137438 | 0.128731 | 2.923077 | 46.153846 | 0.846154 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Samoa Study Commission
Act''.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds that--
(1) the islands of Tutuila and Manua, and certain other
islands that compose American Samoa, were ceded by the chiefs
of the islands to the United States by 2 treaties ratified on
April 10, 1900, and July 16, 1904;
(2) American Samoa's status as an unorganized and
unincorporated territory of the United States, and American
Samoa's political relationship to the United States, are not
clearly defined in any single document;
(3) there is a need for a comprehensive study and review of
the historical and legal bases of American Samoa's status and
political relationship with the United States, including--
(A) a determination of American Samoa's present
political relationship with the United States compared
to other relationships such as commonwealth, free
association, and covenant; and
(B) an examination of whether the treaties of
cession created trust obligations to American Samoa on
the part of the United States;
(4) the economic and social needs of American Samoa are
substantially affected by the nature of American Samoa's
political status and relationship with the United States; and
(5) the need for a comprehensive study also of Swains
Island.
SEC. 3. ESTABLISHMENT.
There is established a commission to be known as the ``American
Samoa Study Commission''.
SEC. 4. DUTIES.
(a) In General.--It shall be the duty of the Commission--
(1) to study and evaluate all factors that led to American
Samoa's historical and present political status and
relationship with the United States, including--
(A) the events that led to the cession to the
United States of the islands that compose American
Samoa; and
(B) the constitutions, statutes, treaties, and
agreements that affect American Samoa's political
status and relationship with the United States;
(2) to determine the nature of American Samoa's political
status and relationship with the United States compared to
relationships such as commonwealth, free association, and
covenant, and the extent to which the treaties of cession
created trust obligations to American Samoa on the part of the
United States;
(3) to determine whether a single document is needed to set
forth American Samoa's political status and relationship with
the United States; and
(4) to study and evaluate the impact of American Samoa's
political status and relationship with the United States (as
determined by the Commission under paragraph (2)) on the
economic and social needs of American Samoa and its residents.
(b) Consultation.--The Commission shall, to the maximum extent
practicable, consult with American Samoans in carrying out the duties
of the Commission under subsection (a).
SEC. 5. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 5
members appointed as follows:
(1) 3 members appointed by the Secretary of the Interior,
including--
(A) 1 member appointed from among individuals
recommended by the Governor of American Samoa; and
(B) 1 member appointed from among individuals
recommended by the legislature of the Territorial
government of American Samoa.
(2) 1 member appointed by the Speaker of the House of
Representatives.
(3) 1 member appointed by the President of the Senate.
(b) Terms.--Each member shall be appointed for the life of the
Commission.
(c) Basic Pay.--
(1) Rates of pay.--Except as provided in paragraph (2),
each member of the Commission shall be paid, to the extent of
amounts made available in appropriation Acts, $150 for each day
(including travel time) during which the member is engaged in
the actual performance of the duties of the Commission.
(2) Prohibition of compensation of federal employees.--
Except as provided in subsection (d), members of the Commission
who are full-time officers or employees of the United States or
the Territorial government of American Samoa may not receive
additional pay, allowances, or benefits by reason of their
service on the Commission.
(d) Travel Expenses.--Each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code.
(e) Quorum.--3 members of the Commission shall constitute a quorum,
but a lesser number may hold hearings.
(f) Chairperson; Vice Chairperson.--The Chairperson and Vice
Chairperson of the Commission shall be elected by the members.
(g) Meetings.--
(1) Initial meeting.--Not later than the expiration of the
90-day period beginning on the date of the enactment of this
Act, the Secretary of the Interior shall call the initial
meeting of the members of the Commission.
(2) Subsequent meetings.--The Chairperson or a majority of
the members of the Commission shall call any meeting of the
Commission that occurs after the meeting called under paragraph
(1).
SEC. 6. STAFF AND SUPPORT SERVICES.
(a) Director.--The Commission shall have a Director, who shall be
appointed by the Commission.
(b) Staff.--Subject to rules prescribed by the Commission, the
Chairperson of the Commission may appoint and fix the pay of personnel
as the Chairperson considers appropriate.
(c) Applicability of Certain Civil Service Laws.--The Director and
staff of the Commission may be appointed without regard to the
provisions of title 5, United States Code, governing appointments in
the competitive service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of such title
relating to classification and General Schedule pay rates, except that
an individual so appointed may not receive pay in excess of the maximum
rate of basic pay payable for GS-16 of the General Schedule.
(d) Experts and Consultants.--Subject to rules prescribed by the
Commission, the Chairperson of the Commission may procure temporary and
intermittent services under section 3109(b) of title 5, United States
Code, but at rates for individuals not to exceed $150 per day.
(e) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.
SEC. 7. POWERS OF COMMISSION.
(a) Hearings.--
(1) In general.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and
locations, take testimony, and receive evidence as the
Commission considers appropriate.
(2) Location of certain hearings.--
(A) Required hearings.--The Commission shall
conduct at least 1 hearing at any location on each of--
(i) Tutuila;
(ii) Ofu;
(iii) Olosega; and
(iv) Tau.
(B) Other hearings.--The Commission may conduct at
least 3 separate hearings in the United States at
locations where significant numbers of American Samoans
reside.
(3) Notice.--The Commission shall provide notice to the
public of the hearings referred to in paragraphs (1) and (2),
including information regarding the date, location, and topic
of each meeting, and shall take other actions as the Commission
considers necessary to obtain, to the maximum extent
practicable, public participation in the hearings.
(b) Delegation of Authority.--Any member or agent of the Commission
may, if authorized by the Commission, take any action that the
Commission is authorized to take by this Act.
(c) Obtaining Official Data.--
(1) In general.--The Commission may secure directly from
any Federal agency information necessary to enable it to carry
out this Act. Upon request of the Chairperson or Vice
Chairperson of the Commission, the head of the Federal agency
shall furnish the information to the Commission.
(2) Exception.--Paragraph (1) shall not apply to any
information that the Commission is prohibited to secure or
request by another law.
(d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other Federal agencies.
SEC. 8. REPORTS.
(a) Draft Report.--
(1) In general.--Not later than the expiration of the 1-
year period beginning on the date of the enactment of this Act,
the Commission shall prepare and publish a draft report
containing the findings, conclusions, and recommendations of
the Commission.
(2) Distribution.--The Commission shall distribute such
report to appropriate Federal and American Samoan agencies and
shall make such report available to members of the public upon
request.
(3) Solicitation of comments.--The Commission shall solicit
written comments from the Federal and American Samoan agencies
and other persons to which copies of such report are
distributed under paragraph (2).
(b) Final Report.--Not later than the expiration of the 9-month
period beginning on the date of the publication of the report required
by subsection (a)(1), the Commission shall submit to the President and
the Congress a final report, which shall include--
(1) a detailed statement of the findings and conclusions
made by the Commission after consideration of the comments
received by the Commission under subsection (a)(3);
(2) the recommendations of the Commission for legislative
and administrative actions that the Commission determines to be
appropriate; and
(3) copies of all written comments received by the
Commission under subsection (a)(3).
SEC. 9. DEFINITIONS.
For purposes of this Act:
(1) The term ``American Samoan'' has the meaning given the
term ``native American Samoan'' in section 4 of Public Law 100-
571 (16 U.S.C. 410qq-3).
(2) The term ``Commission'' means the American Samoa Study
Commission established in section 3.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as are necessary
to carry out the provisions of this Act.
SEC. 11. TERMINATION.
The Commission shall terminate not later than the expiration of the
60-day period beginning on the date on which the Commission submits its
final report under section 8. | American Samoa Study Commission Act - Establishes the American Samoa Study Commission which shall: (1) evaluate the history and nature of American Samoa's political relationship with the United States, and determine whether a single document is needed to express such relationship; and (2) evaluate such relationship's economic and social effects on American Samoa. Authorizes appropriations. Terminates the Commission upon submission of a required report. | {"src": "billsum_train", "title": "American Samoa Study Commission Act"} | 2,258 | 93 | 0.626204 | 1.601833 | 0.602806 | 3.115385 | 26.717949 | 0.884615 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Living Wage Responsibility
Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) According to data from fiscal year 1999, approximately
162,000 Federal contract workers did not earn a wage sufficient
to lift a family of four out of poverty. Just under 60 percent
of these poorly paid workers work for large firms and 62
percent work on Department of Defense contracts. These workers
represent 11 percent of the total 1.4 million Federal contract
workers in the United States.
(2) As of September 2000, 14,356 workers employed by the
Federal Government earned less than the poverty level for a
family of four.
(3) A majority of workers earning less than a living wage
are adult females working full-time. A disproportionate number
of workers earning less than a living wage are minorities.
(4) The Federal Government provides billions of dollars to
businesses each year, through spending programs, grants and
Government-favored financing.
(5) In fiscal year 1999, the Federal Government awarded
contracts worth over $208 billion.
(6) Congress must ensure that Federal dollars are used
responsibly to improve the economic security and well-being of
Americans across the country.
SEC. 3. POVERTY-LEVEL WAGE.
(a) General Rule.--Notwithstanding any other law that does not
specifically exempt itself from this Act and except as provided in
subsection (b), the Federal Government and any employer under a Federal
contract for an amount exceeding $10,000 (or a subcontract under such a
contract) shall pay to each of their respective workers--
(1) an hourly wage (or salary equivalent) sufficient for a
worker to earn, while working 40 hours a week on a full-time
basis, the amount of the Federal poverty level for a family of
four (as published in the Federal Register by the Department of
Health and Human Services under the authority of section 673(2)
of the Community Services Block Grant Act (42 U.S.C. 9902(2)));
and
(2) an additional amount, determined by the Secretary based
on the locality in which a worker resides, sufficient to cover
the costs to such worker to obtain any fringe benefits not
provided by the worker's employer.
(b) Exemptions.--Subsection (a) does not apply to the following:
(1) A small-business concern (as that term is used in
section 3 of the Small Business Act (15 U.S.C. 632)).
(2) A nonprofit organization exempt from Federal income tax
under section 501(c) of the Internal Revenue Code of 1986 (26
U.S.C. 501(c)), if the ratio of the total wages of the chief
executive officer of such organization to the wages of the
full-time equivalent of the lowest paid worker is not greater
than 25 to 1.
(c) Retaliation Prohibited.--It shall be unlawful for any employer
subject to subsection (a) to terminate or suspend the employment of a
worker on the basis of such worker's allegation of a violation of
subsection (a).
(d) Contract Requirement.--Any contract subject to subsection (a)
shall contain a provision requiring the Federal contractor to ensure
that any worker hired under such contract (or a subcontract thereof)
shall be paid in accordance with subsection (a).
SEC. 4. ENFORCEMENT BY SECRETARY.
(a) In General.--If the Secretary determines (in a written finding
setting forth a detailed explanation of such determination), after
notice and an opportunity for a hearing on the record, that a Federal
contractor (or any subcontractor thereof) subject to section 3 has
engaged in a pattern or practice of violations of section 3, the
following shall apply to such Federal contractor:
(1) Contract cancellation.--After final adjudication of a
pattern or practice of violations, the United States may cancel
any contract (or the remainder thereof) with the Federal
contractor that is a part of the pattern or practice of
violations.
(2) Restitution.--A Federal contractor whose contract is
cancelled under paragraph (1) shall be liable to the United
States in an amount equal to the costs to the Government in
obtaining a replacement contractor to cover the remainder of
any contract cancelled under paragraph (1).
(3) Contract ineligibility.--After final adjudication of a
pattern or practice of violations, the Federal contractor shall
be ineligible to enter into, extend, or renew a contract with
the United States for a period of five years after the date of
such adjudication.
(4) Publication.--Not later than 90 days after final
adjudication of a pattern or practice of violations, the
Secretary shall publish in the Federal Register a notice
describing the ineligibility of the Federal contractor under
paragraph (3).
(b) Safe Harbor.--Subsection (a) shall not apply if--
(1) the Federal contractor has entered into a consent
agreement with the Secretary with regard to a pattern or
practice of violations of section 3 and has paid to any
aggrieved workers all wages due them, to the satisfaction of
the Secretary; or
(2) the Secretary determines, after consultation with the
affected Government entity, that cancellation or debarment
under subsection (a) would not be in the best interests of the
Nation or of such Government entity.
(c) Judicial Review.--Any Federal contractor aggrieved by an
adverse determination of the Secretary under subsection (a) may seek
review of such determination in an appropriate court.
SEC. 5. EMERGENCIES.
The President may suspend the provisions of this Act in times of
emergency.
SEC. 6. PRIVATE RIGHT OF ACTION.
(a) Action.--A worker aggrieved by a violation of section 3 may, in
a civil action, recover appropriate relief. A civil action under this
section shall be filed not later than 3 years after the commission of
such violation. A civil action may not be brought under this section if
an employer subject to section 3 has paid or reinstated the worker as a
result of an administrative action under section 4.
(b) Relief.--In this section, the term ``appropriate relief''
means--
(1) injunction of a violation of section 3;
(2) actual damages or, if the court finds that the employer
willfully violated section 3, three times actual damages;
(3) reasonable attorney fees and the costs of the action;
and
(4) any other relief the court deems appropriate in the
circumstances of the case.
SEC. 7. RULEMAKING.
The Secretary shall make rules to carry out this Act, which shall
take effect not later than 120 days after the date of enactment of this
Act.
SEC. 8. DEFINITIONS.
In this Act:
(1) The term ``employer'' means a person who has economic
power to set a worker's terms and conditions of employment,
regardless of the formality of an employment relationship.
(2) The term ``fringe benefits'' means--
(A) medical or hospital care or contributions to a
health insurance plan;
(B) contributions to a retirement plan;
(C) life insurance;
(D) disability insurance; and
(E) vacation and holiday pay.
(3) The term ``Secretary'' means the Secretary of Labor. | Federal Living Wage Responsibility Act - Requires the Federal government and any employer under a Federal contract or subcontract exceeding $10,000 to pay each of their respective workers: (1) an hourly wage (or salary equivalent) necessary for such employee to earn, while working 40 hours a week on a full-time basis, the amount of the Federal poverty level for a family of four; and (2) an additional amount, based on the locality in which a worker resides, sufficient to cover the costs to such worker to obtain any fringe benefits not provided by the worker's employer.Exempts employers that are: (1) small business concerns; or (2) nonprofit, tax-exempt organizations, if the ratio of the total compensation of the chief executive officer to that of the full-time equivalent of their lowest-paid employee is not greater than 25 to 1.Directs the Secretary of Labor to enforce this Act. Makes Federal contractors that are part of a pattern or practice of violations of such wage requirements subject to Federal contract suspension, a five-year ineligibility period, and liability for Government costs of obtaining a replacement contractor. Provides for judicial review of the Secretary's determinations, and authorizes the President to suspend the provisions of this Act in times of emergency. Allows an aggrieved worker to bring a civil action against an employer for appropriate relief for a violation of this Act, if the employer has not paid or reinstated the worker as a result of the administrative action. | {"src": "billsum_train", "title": "To provide for livable wages for Federal Government workers and workers hired under Federal contracts."} | 1,579 | 322 | 0.569472 | 1.699731 | 0.833868 | 5.150877 | 5.263158 | 0.926316 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Patient Choice Act of
1995''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) There should be no unreasonable barriers or impediments
to the ability of individuals enrolled in health care plans to
obtain appropriate specialized medical services.
(2) The patient's first point of contact in a health care
plan must be encouraged to make all appropriate medical
referrals and should not be constrained financially from making
such referrals.
(3) Some health care plans may impede timely access to
specialty care.
(4) At any time, patients must be able to access out-of-
network items, treatment, and services at an additional cost to
the patient which is not so prohibitive that they are deterred
from seeing the health care provider of their own choice.
(5) Specialty care must be available for the full duration
of the patient's medical needs and not limited by time or
number of visits.
(6) Direct access to specialty care is essential for
patients in emergency and nonemergency situations and for
patients with chronic and temporary conditions.
SEC. 3. PROTECTION FOR MEDICARE HMO ENROLLEES.
(a) In General.--Section 1876 of the Social Security Act (42 U.S.C.
1395mm) is amended--
(1) in subsection (c)(1), by striking ``subsection (e)''
and inserting ``subsections (e) and (k)'', and
(2) by adding at the end the following new subsection:
``(k) Beneficiary Protection.--
``(1) Minimum loss ratio.--
``(A) In general.--Each eligible organization shall
have a loss-ratio that is not less than 85 percent for
each contract year.
``(B) Loss ratio defined.--In subparagraph (A), the
term `loss-ratio' means, with respect to an
organization for a contract year, the ratio of (i) the
anticipated aggregate benefits provided under this
section to enrollees for the year, to (ii) the
aggregate amount of the premiums collected (including
payments to the organization under subsection (a) for
the year, as estimated on the basis of incurred claims
experience and earned premium for the year.
``(2) Assuring adequate in-network access.--
``(A) Timely access.--An eligible organization that
restricts the providers from whom benefits may be
obtained must guarantee to enrollees under this section
timely access to primary and specialty health care
providers who are appropriate to the enrollee's
condition.
``(B) Access to specialized care.--Enrollees must
have access to specialized treatment when the treating
provider deems necessary. This access may be satisfied
through contractual arrangements with specialized
providers outside of the network.
``(C) Continuity of care.--An eligible
organization's use of case management may not create an
undue burden for enrollees under this section. An
organization must ensure direct access to specialists
for ongoing care as so determined by the case manager
in consultation with the specialty care provider. This
continuity of care may be satisfied for enrollees with
chronic conditions through the use of a specialist
serving as case manager.
``(3) Assuring out-of-network access.--
``(A) In general.--An eligible organization that
contracts with a specific network of providers must
offer its enrollees or their treating provider with the
patient's authorization under this section, the ability
at any time, to seek items, services, and treatment
from out-of-network providers for all covered benefits.
``(B) Reimbursement for out-of-network services.--
An eligible organization under this section shall
provide for reimbursement for the enrollee, consistent
with the cost-sharing schedule established under
subparagraph (C), with respect to out-of-network
services which are described in subparagraph (A), so
long as the services were medically appropriate, and
were covered benefits in-network.
``(C) Establishment of cost-sharing schedule.--In
consultation with the National Association of Insurance
Commissioners, the Secretary shall establish (by not
later than one year after enactment of this Act) a
cost-sharing schedule which applies to payment required
under subparagraph (B) for out-of-network services.
``(4) Appropriate range of services.--A health plan shall
not deny any health care professionals, based solely on the
license or certification as applicable under State law, the
ability to participate in providing covered health care
services, or be reimbursed or indemnified or by a network plan
for providing such services. Organizations must ensure a
sufficient number, mix, and distribution of health care
professionals within a network plan to ensure enrollees access
to appropriate medical services.
``(5) Grievance and appeals processes.--
``(A) Grievance process.--The organization must
provide meaningful procedures for hearing and resolving
grievances between the organization (including any
entity or individual through which the organization
provides health care services) and members enrolled
with the organization under this section.
``(B) Board of appeals.--
``(i) In general.--Each eligible
organization shall establish a board of appeals
to hear and make determinations on complaints
by enrollees concerning denials of coverage or
payment for services (whether in-network or
out-of-network) and the medical necessity and
appropriateness of covered items and services.
``(ii) Composition.--A board of appeals of
an eligible organization shall consist of--
``(I) representatives of the
organization, including physicians,
nonphysicians, administrators, and
enrollees;
``(II) consumers who are not
enrollees and those who have
disenrolled; and
``(III) providers with expertise in
the field of medicine which
necessitates treatment.
``(iii) Deadline for decision.--A board of
appeals shall hear and resolve complaints
within 30 days after the date the complaint is
filed with the board.
``(C) Appeal to secretary.--A member enrolled in an
eligible organization under this section who is
dissatisfied with a determination of a board of appeals
of the organization under subparagraph (B) is entitled,
if the amount in controversy is $100 or more, to a
hearing before the Secretary to the same extent as is
provided in section 205(b), and in any such hearing the
Secretary shall make the eligible organization a party.
If the amount in controversy is $1,000 or more, the
individual or eligible organization shall, upon
notifying the other party, be entitled to judicial
review of the Secretary's final decision as provided in
section 205(g), and both the individual and the
eligible organization shall be entitled to be parties
to that judicial review. In applying sections 205(b)
and 205(g) as provided in this subparagraph, and in
applying section 205(l) thereto, any reference therein
to the Commissioner of Social Security or the Social
Security Administration shall be considered a reference
to the Secretary or the Department of Health and Human
Services, respectively.
``(6) Notice of enrollee rights and consumer report card.--
``(A) In general.--Each eligible organization shall
provide each enrollee, at the time of enrollment and
not less frequently than annually thereafter, an
explanation of the enrollee's rights under this section
and a copy of the most recent consumer report card for
the organization (as described in subparagraph (C)).
``(B) Rights described.--The explanation of rights
under subparagraph (A) shall include an explanation
of--
``(i) the enrollee's rights to benefits
from the organization;
``(ii) the restrictions on payments under
this title for services furnished other than by
or through the organization;
``(iii) out-of-area coverage provided by
the organization;
``(iv) the organization's coverage of
emergency services and urgently needed care;
``(v) the organization's coverage of out-
of-network services, including services that
are additional to the items and services
covered under parts A and B; and
``(vi) appeal rights of enrollees.
``(C) Consumer report card.--For purposes of
subparagraph (A), the term `consumer report card'
means, with respect to an eligible organization for a
year, a report issued by the organization which
contains indicators of the quality of the services
under this section provided by the organization during
the year. Information must be provided in a manner that
permits consumers to compare organizations with respect
to the following:
``(i) For each plan, on--
``(I) the premium for the plan,
``(II) identity, location,
qualifications, and availability of
providers in any provider networks of
the plan,
``(III) the number of individuals
enrolling and disenrolling from the
plan,
``(IV) procedures used by the plan
to control utilization of services and
expenditures,
``(V) procedures used by the plan
to assure quality of care,
``(VI) the plan's loss ratio, and
``(VII) rights and responsibilities
of enrollees.
``(ii) In addition, for each managed care
plan, on--
``(I) restrictions on payment for
services provided outside the plan's
provider network,
``(II) the process by which
services may be obtained through the
plan's provider network,
``(III) coverage for out-of-area
services, and
``(IV) any exclusions in the types
of providers participating in the
plan's provider network.
``(7) Restrictions on provider incentive plans.--
``(A) In general.--Each contract with an eligible
organization under this section shall provide that the
organization may not operate any provider incentive
plan (as defined in subparagraph (B)) unless the
following requirements are met:
``(i) No specific payment is made directly
or indirectly under the plan to a provider or
provider group as an inducement to reduce or
limit medically necessary services provided
with respect to a specific individual enrolled
with the organization.
``(ii) If the plan places a provider or
provider group at substantial financial risk
(as determined by the Secretary) for services
not provided by the provider or provider group,
the organization--
``(I) provides stop-loss protection
for the provider or group that is
adequate and appropriate, based on
standards developed by the Secretary
that take into account the number (and type) of providers placed at
such substantial financial risk in the group or under the plan and the
number of individuals enrolled with the organization who receive
services from the provider or the group, and
``(II) conducts periodic surveys of
both individuals enrolled and
individuals previously enrolled with
the organization to determine the
degree of access of such individuals to
services provided by the organization
and satisfaction with the quality of
such services.
``(iii) The organization provides the
Secretary with descriptive information
regarding the plan, sufficient to permit the
Secretary to determine whether the plan is in
compliance with the requirements of this
subparagraph.
``(B) Provider incentive plan defined.--In this
paragraph, the term `provider incentive plan' means any
compensation arrangement between an eligible
organization and a provider or provider group that may
directly or indirectly have the effect of reducing or
limiting services provided with respect to individuals
enrolled with the organization.
``(8) Additional definitions.--
``(A) In-network.--The term `in-network' means
services provided by health care providers who have
entered into a contract or agreement with the
organization under which such providers are obligated
to provide items, treatment, and services under this
section to individuals enrolled with the organization
under this section.
``(B) Network.--The term `network' means, with
respect to an eligible organization, the health care
providers who have entered into a contract or agreement
with the organization under which such providers are
obligated to provide items, treatment, and services
under this section to individuals enrolled with the
organization under this section.
``(C) Out-of-network.--The term `out-of-network'
means services provided by health care providers who
have not entered into a contract agreement with the
organization under which such providers are obligated
to provide items, treatment, and services under this
section to individuals enrolled with the organization
under this section.''.
(b) Conforming Amendments.--Section 1876 of such Act is further
amended--
(1) by striking subparagraph (E) of subsection (c)(3);
(2) by striking paragraphs (4) and (5) of subsection (c);
and
(3) by striking paragraph (8) of subsection (i).
(c) Effective Date.--The amendments made by this section shall
apply to contract years beginning at least 60 days after the date the
Secretary establishes the cost-sharing schedule for out-of-network
services under section 1876(k)(2)(C) of the Social Security Act (as
added by subsection (a)(2)).
SEC. 4. APPLICATION OF PROTECTIONS TO MEDICARE SELECT POLICIES.
(a) In General.--Section 1882(t)(1) of the Social Security Act (42
U.S.C. 1395ss(t)(1)) is amended--
(1) by striking ``and'' at the end of subparagraph (E);
(2) by striking the period at the end of subparagraph (F)
and inserting a semicolon; and
(3) by adding at the end the following new subparagraph:
``(G) notwithstanding any other provision of this
section to the contrary, if the issuer of the policy--
``(i) meets the requirements of section
1876(k) with respect to individuals enrolled
under the policy in the same manner such
requirements apply with respect to an eligible
organization under such section with respect to
individuals enrolled with the organization
under such section, and
``(ii) discloses (in a form and manner
specified by the Secretary) the loss ratio
described in subsection (r)(1) most recently
calculated for purposes of such subsection.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to policies issued or renewed on or after the effective date
described in section 3(c). | Medicare Patient Choice Act of 1995 - Amends title XVIII (Medicare) of the Social Security Act to require health maintenance organizations and competitive medical plans, among other things, to: (1) have a minimum 85 percent loss-ratio of benefits-to-premiums; (2) assure Medicare enrollees timely access to in-network primary and specialty health care providers and out-of-network providers as well; (3) establish a cost-sharing schedule for out-of-network services; (4) establish a grievance process with board of appeals hearings within 30 days of the filing of a complaint; and (5) provide each enrollee with an explanation of the enrollee's rights and a copy of the most recent consumer report card for the organization. Prohibits provider incentive plans that fail to meet specified criteria.
Applies the same requirements to Medicare select policies. | {"src": "billsum_train", "title": "Medicare Patient Choice Act of 1995"} | 3,208 | 195 | 0.500732 | 1.363578 | 0.878974 | 3.523529 | 17.564706 | 0.911765 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``FHA Modernization and Efficiency Act
of 1995''.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds that--
(1) the single family housing mortgage insurance program of
the Department of Housing and Urban Development is a
significant factor in promoting first-time and affordable
homeownership in the United States;
(2) use of mortgage financing under the program has
decreased in recent years, due in part to increasing complexity
of mortgage origination and servicing under the program;
(3) simplifying and streamlining the loan criteria and loan
approval process under the program would have a positive effect
on use of the program without increasing risk to the Mutual
Mortgage Insurance Fund; and
(4) flexible lending products can be developed without
increasing risk to the Mutual Mortgage Insurance Fund.
SEC. 3. MAXIMUM MORTGAGE AMOUNT FLOOR FOR SINGLE FAMILY MORTGAGE
INSURANCE.
Subparagraph (A) of the first sentence of section 203(b)(2) of the
National Housing Act (12 U.S.C. 1709(b)(2)(A)) is amended by striking
``the greater of'' and all that follows through ``applicable size'' and
inserting the following: ``50 percent of the dollar amount limitation
determined under section 305(a)(2) of the Federal Home Loan Mortgage
Corporation Act (as adjusted annually under such section) for a
residence of the applicable size''.
SEC. 4. CALCULATION OF DOWNPAYMENT.
Section 203(b)(2) of the National Housing Act (12 U.S.C.
1709(b)(2)) is amended--
(1) by striking subparagraph (B) and inserting the
following new subparagraph:
``(B) except as otherwise provided in this
paragraph (2), not in excess of--
``(i) in the case of a mortgage for a
property with an appraised value equal to or
less than $50,000, 98.75 percent of the
appraised value of the property,
``(ii) in the case of a mortgage for a
property with an appraised value in excess of
$50,000 but not in excess of $125,000, 97.65
percent of the appraised value of the property,
``(iii) in the case of a mortgage for a
property with an appraised value in excess of
$125,000, 97.15 percent of the appraised value
of the property, or
``(iv) notwithstanding clauses (ii) and
(iii), in the case of a mortgage for a property
with an appraised value in excess of $50,000
and which is located in a State for which the
average closing cost exceeds 3.25 percent of
the average, for the State, of the sale price
of properties located in the State for which
mortgages have been executed, 97.75 percent of
the appraised value of the property,
plus the amount of the mortgage insurance premium paid
at the time the mortgage is insured.'';
(2) in the 1st sentence of the matter following
subparagraph (B), by inserting before the period at the end the
following: ``, and the term `average closing cost' means, with
respect to a State, the average, for mortgages executed for
properties that are located within the State, of the total
amounts (as determined by the Secretary) of initial service
charges, appraisal, inspection, and other fees (as the
Secretary shall approve) that are paid in connection with such
mortgages'';
(3) by striking the 2d sentence of the matter following
subparagraph (B); and
(4) in penultimate undesignated paragraph--
(A) in the 2d sentence, by striking ``the preceding
sentence'' and inserting ``this subsection''; and
(B) by striking the 1st sentence.
SEC. 5. ELIMINATION OF RESTRICTIONS REGARDING NEW CONSTRUCTION.
(a) In General.--Section 203(b)(2) of the National Housing Act (12
U.S.C. 1709(b)(2)) is amended, in the matter following subparagraph
(B)--
(1) in the 1st undesignated paragraph, by striking
``Notwithstanding any other provision of this section,'' and
all that follows through ``beginning of construction.''; and
(2) by striking the 2d undesignated paragraph (relating to
mortgage insurance amounts for residences having solar energy
systems).
(b) Repeal of Authority to Expend Amounts From Insurance Fund to
Correct Substantial Defects.--Section 518 of the National Housing Act
(12 U.S.C. 1735b) is hereby repealed.
SEC. 6. AUTHORITY TO USE AMOUNTS BORROWED FROM FAMILY MEMBERS FOR
DOWNPAYMENTS.
(a) In General.--Section 203(b)(9) of the National Housing Act (12
U.S.C. 1709(b)(9)) is amended by inserting before the period at the end
the following: ``: Provided further, That for purposes of this
paragraph, the Secretary shall consider as cash or its equivalent any
amounts borrowed from a family member (as such term is defined in
section 201), subject only to the requirements that, in any case in
which the repayment of such borrowed amounts is secured by a lien
against the property, such lien shall be subordinate to the mortgage
and the sum of the principal obligation of the mortgage and the
obligation secured by such lien may not exceed 100 percent of the
appraised value of the property plus any initial service charges,
appraisal, inspection, and other fees in connection with the
mortgage''.
(b) Definition of Family Member.--Section 201 of the National
Housing Act (12 U.S.C. 1707) is amended by adding at the end the
following new subsections:
``(e) The term `family member' means, with respect to a mortgagor
under such section, a child, parent, or grandparent of the mortgagor
(or the mortgagor's spouse). In determining whether any of the
relationships referred to in the preceding sentence exist, a legally
adopted son or daughter of an individual (and a child who is a member
of an individual's household, if placed with such individual by an
authorized placement agency for legal adoption by such individual), and
a foster child of an individual, shall be treated as a child of such
individual by blood.
``(f) The term `child' means, with respect to a mortgagor under
such section, a son, stepson, daughter, or stepdaughter of such
mortgagor.''.
SEC. 7. APPROVAL OF CONDOMINIUM PROJECTS.
Section 234 of the National Housing Act (12 U.S.C. 1715y) is
amended by striking subsection (k) and inserting the following new
subsection:
``(k) Approval of Projects.--
``(1) In general.--A mortgage covering a multifamily
project or a condominium unit in a multifamily project shall be
eligible for mortgage insurance under this section
notwithstanding any other provision of this section relating to
requirements for multifamily projects if the project has been
approved by a government-sponsored housing enterprise and--
``(A) in the case of a mortgage covering any
condominium unit in the project, the mortgage otherwise
complies with the requirements under this section
regarding eligibility of mortgages for mortgage
insurance provided under subsection (c); and
``(B) in the case of a blanket mortgage covering
the multifamily project, the mortgage otherwise
complies with the requirements under this section
regarding eligibility of mortgages for mortgage
insurance provided under subsection (d).
``(2) Definitions.--For purposes of this subsection, the
following definitions shall apply:
``(A) The term `approved by a government-sponsored
housing enterprise' means, with respect to a
multifamily housing project having a condominium
ownership structure, that a government-sponsored
housing enterprise has determined that any mortgage
covering the project or any condominium property in the
project may be purchased by the enterprise if such
mortgage is otherwise determined by the enterprise to
meet the standards and requirements of the enterprise
relating to mortgages.
``(B) The term `condominium unit' means, with
respect to a multifamily property, a 1-family dwelling
unit in the project and an undivided interest in the
common areas and facilities that serve the project.
``(C) The term `government-sponsored housing
enterprise' means--
``(i) the Federal National Mortgage
Association; and
``(ii) the Federal Home Loan Mortgage
Corporation.''.
SEC. 8. DELEGATION OF SINGLE FAMILY MORTGAGE INSURING AUTHORITY TO
DIRECT ENDORSEMENT MORTGAGEES.
Title II of the National Housing Act (12 U.S.C. 1707 et seq.) is
amended by adding at the end the following new section:
``delegation of insuring authority to direct endorsement mortgagees
``Sec. 256. (a) Authority.--The Secretary may delegate, to one or
more mortgagees approved by the Secretary under the direct endorsement
program, the authority of the Secretary under this Act to insure
mortgages involving property upon which there is located a dwelling
designed principally for occupancy by 1 to 4 families.
``(b) Considerations.--In determining whether to delegate authority
to a mortgagee under this section, the Secretary shall consider the
experience and performance of the mortgagee under the direct
endorsement program, the default rate of insured mortgages originated
by the mortgagee compared to the default rate of all insured mortgages
in comparable markets, and such other factors as the Secretary
determines appropriate to minimize risk of loss to the insurance funds
under this Act.
``(c) Enforcement of Insurance Requirements.--
``(1) In general.--If the Secretary determines that a
mortgage insured by a mortgagee pursuant to delegation of
authority under this section was not originated in accordance
with the requirements established by the Secretary, and the
Secretary pays an insurance claim with respect to the mortgage
within a reasonable period specified by the Secretary, the
Secretary may require the mortgagee approved under this section
to indemnify the Secretary for the loss.
``(2) Fraud or misrepresentation.--If fraud or
misrepresentation was involved in connection with the
origination, the Secretary may require the mortgagee approved
under this section to indemnify the Secretary for the loss
regardless of when an insurance claim is paid.
``(d) Termination of Mortgagee's Authority.--If a mortgagee to
which the Secretary has made a delegation under this section violates
the requirements and procedures established by the Secretary or the
Secretary determines that other good cause exists, the Secretary may
cancel a delegation of authority under this section to the mortgagee by
giving notice to the mortgagee. Such a cancellation shall be effective
upon receipt of the notice by the mortgagee or at a later date
specified by the Secretary. A decision by the Secretary to cancel a
delegation shall be final and conclusive and shall not be subject to
judicial review.
``(e) Requirements and Procedures.--Before approving a delegation
under this section, the Secretary shall issue regulations establishing
appropriate requirements and procedures, including requirements and
procedures governing the indemnification of the Secretary by the
mortgagee.''.
SEC. 9. INSURANCE OF 2-STEP SINGLE FAMILY MORTGAGES.
Title II of the National Housing Act (12 U.S.C. 1701 et seq.), as
amended by the preceding provisions of this Act, is further amended by
adding at the end the following new section:
``2-step single family mortgages
``Sec. 257. (a) Authority.--After making the finding required under
subsection (d), the Secretary may insure under any provision of this
title a mortgage involving property upon which there is located a
dwelling designed principally for occupancy by 1 to 4 families, where
the mortgage provides that the effective rate of interest charged is--
``(1) fixed for the duration of a specified period that
consists of not less than the first 5 years of the mortgage
term;
``(2) adjusted by the mortgagee upon the expiration of the
specified period referred to in paragraph (1) for the mortgage;
and
``(3) for the term of the mortgage remaining after such
adjustment--
``(A) fixed at the adjusted rate established
pursuant to paragraph (2); or
``(B) periodically adjusted by the mortgagee.
``(b) Redetermination of Rate.--For each mortgage insured pursuant
to this section, the adjustment of the effective rate of interest
pursuant to subsection (a)(2) may be accomplished through adjustments
in the monthly payment amount, the outstanding principal balance, or
the mortgage term, or a combination of such factors, except that in no
case may any extension of a mortgage term result in a total term in
excess of 40 years. The adjustment in the effective rate of interest
shall correspond to a specified national interest rate index that is
approved in regulations issued by the Secretary and information on
which is readily accessible to the mortgagors from generally available
published sources.
``(c) Limitations on Second-Step Periodic Rates.--For each mortgage
insured pursuant to this section for which the effective rate of
interest charged pursuant to subsection (a)(3) is periodically adjusted
under subparagraph (B) of such subsection, such adjustments in the
interest rate--
``(1) may be accomplished through adjustments in the
monthly payment amount, the outstanding principal balance, or
the mortgage term, or a combination of such factors, except
that in no case may any extension of a mortgage term result in
a total term in excess of 40 years;
``(2) shall correspond to a specified national interest
rate index that is approved in regulations issued the Secretary
and information on which is readily accessible to the
mortgagors from generally available published sources;
``(3) shall be made on an annual basis;
``(4) shall be limited, with respect to any single interest
rate increase, to no more than 1 percent on the outstanding
loan balance; and
``(5) be limited to a maximum increase of 5 percentage
points above the initial contract interest rate over the term
of the mortgage.
``(d) Conditions on Insuring Authority.--The Secretary may insure
mortgages pursuant to this section only after determining that the risk
posed by such insurance to the financial safety and soundness of the
insurance fund of which the mortgage insurance is an obligation does
not exceed such risk posed by insurance of mortgages of equivalent
terms having fixed interest rates over such terms.
``(e) Description of Features.--The Secretary shall issue
regulations requiring that the mortgagee make available to the
mortgagor, at the time of loan application, a written explanation of
the features of the 2-step mortgage insured pursuant to this section.
``(f) Limitation of Total Number of Mortgages Insured.--The
aggregate number of mortgages and loans insured pursuant to this
section in any fiscal year may not exceed 10 percent of the aggregate
number of mortgages and loans insured by the Secretary under this title
during the preceding fiscal year.''. | FHA Modernization and Efficiency Act of 1995 - Amends the National Housing Act to revise single family mortgage insurance program provisions regarding: (1) maximum mortgage amount floor; (2) downpayment calculations and family loans; (3) new construction; (4) condominiums; (5) direct endorsement mortgages; and (6) two-step adjustable mortgages. | {"src": "billsum_train", "title": "FHA Modernization and Efficiency Act of 1995"} | 3,387 | 71 | 0.525089 | 1.269916 | 0.172054 | 2.26087 | 43.797101 | 0.898551 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Adoption Assistance Act''.
TITLE I--GENERAL ADOPTION ASSISTANCE
SEC. 101. REFUNDABLE CREDIT FOR ADOPTION EXPENSES.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by redesignating section 35 as section 36 and by inserting
after section 34 the following new section:
``SEC. 35. ADOPTION EXPENSES.
``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this subtitle
for the taxable year the amount of the qualified adoption expenses paid
or incurred by the taxpayer during such taxable year.
``(b) Limitations.--
``(1) Dollar limitation.--The aggregate amount of qualified
adoption expenses which may be taken into account under
subsection (a) with respect to the adoption of a child shall
not exceed $5,000.
``(2) Income limitation.--The amount allowable as a credit
under subsection (a) for any taxable year shall be reduced (but
not below zero) by an amount which bears the same ratio to the
amount so allowable (determined without regard to this
paragraph but with regard to paragraph (1)) as--
``(A) the amount (if any) by which the taxpayer's
adjusted gross income (determined without regard to
sections 911, 931, and 933) exceeds $60,000, bears to
``(B) $40,000.
``(3) Denial of double benefit.--
``(A) In general.--No credit shall be allowed under
subsection (a) for any expense for which a deduction or
credit is allowable under any other provision of this
chapter.
``(B) Grants.--No credit shall be allowed under
subsection (a) for any expense to the extent that funds
for such expense are received under any Federal, State,
or local program.
``(c) Qualified Adoption Expenses.--
``(1) In general.--For purposes of this section, the term
`qualified adoption expenses' means reasonable and necessary
adoption fees, court costs, attorney fees, and other expenses--
``(A) which are directly related to, and the
principal purpose of which is for, the legal and final
adoption of a child by the taxpayer, and
``(B) which are not incurred in violation of State
or Federal law or in carrying out any surrogate
parenting arrangement.
``(2) Expenses for adoption of spouse's child not
eligible.--The term `qualified adoption expenses' shall not
include any expenses in connection with the adoption by an
individual of a child who is the child of such individual's
spouse.
``(d) Married Couples Must File Joint Returns, Etc.--Rules similar
to the rules of paragraphs (2), (3), and (4) of section 21(e) shall
apply for purposes of this section.''
(b) Conforming Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting before the period ``, or
from section 35 of such Code''.
(2) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
is amended by striking the last item and inserting the
following:
``Sec. 35. Adoption expenses.
``Sec. 36. Overpayments of tax.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1995.
TITLE II--ADOPTION ASSISTANCE FOR FEDERAL EMPLOYEES
SEC. 201. REIMBURSEMENT FOR ADOPTION EXPENSES.
(a) In General.--Subpart G of part III of title 5, United States
Code, is amended by adding at the end the following:
``CHAPTER 90--MISCELLANEOUS EMPLOYEE BENEFITS
``9001. Adoption benefits.
``Sec. 9001. Adoption benefits
``(a) For the purpose of this section--
``(1) the term `agency' means--
``(A) an Executive agency;
``(B) an agency in the judicial branch; and
``(C) an agency in the legislative branch (other
than any included under subparagraph (A));
``(2) the term `employee' does not include any individual
who, pursuant to the exercise of any authority under section
8913(b), is excluded from participating in the health insurance
program under chapter 89; and
``(3) the term `adoption expenses', as used with respect to
a child, means any reasonable and necessary expenses directly
relating to the adoption of such child, including--
``(A) fees charged by an adoption agency;
``(B) placement fees;
``(C) legal fees;
``(D) counseling fees;
``(E) medical expenses, including those relating to
obstetrical care for the biological mother, medical
care for the child, and physical examinations for the
adopting parent or parents;
``(F) foster-care charges; and
``(G) transportation expenses.
``(b) The head of each agency shall by regulation establish a
program under which any employee of such agency who adopts a child
shall be reimbursed for any adoption expenses incurred by such employee
in the adoption of such child.
``(c) Under the regulations, reimbursement may be provided only--
``(1) after the adoption becomes final, as
determined under the laws of the jurisdiction governing
the adoption;
``(2) if, at the time the adoption becomes final,
the child is under 18 years of age and unmarried; and
``(3) if appropriate written application is filed
within such time, complete with such information, and
otherwise in accordance with such procedures as may be
required.
``(d)(1) Reimbursement for an employee under this section with
respect to any particular child--
``(A) shall be payable only if, or to the extent that,
similar benefits paid (or payable) under one or more programs
established under State law or another Federal statute have not
met (or would not meet) the full amount of the adoption
expenses incurred; and
``(B) may not exceed $2,000.
``(2)(A) In any case in which both adopting parents are employees
eligible for reimbursement under this section, each parent shall be
eligible for an amount determined in accordance with paragraph (1),
except as provided in subparagraph (B).
``(B) No amount shall be payable under this section if, or to the
extent that, payment of such amount would cause the sum of the total
amount payable to the adoptive parents under this section, and the
total amount paid (or payable) to them under any program or programs
referred to in paragraph (1)(A), to exceed the lesser of--
``(i) the total adoption expenses incurred; or
``(ii) $4,000.
``(3) The guidelines issued under subsection (g) shall include
provisions relating to interagency cooperation and other appropriate
measures to carry out this subsection.
``(e) Any amount payable under this section shall be paid from the
appropriation or fund used to pay the employee involved.
``(f) An application for reimbursement under this section may not
be denied based on the marital status of the individual applying.
``(g)(1) The Office of Personnel Management may issue any general
guidelines which the Office considers necessary to promote the uniform
administration of this section.
``(2) The regulations prescribed by the head of each Executive
agency under this section shall be consistent with any guidelines
issued under paragraph (1).
``(3) Upon the request of any agency, the Office may provide
consulting, technical, and any other similar assistance necessary to
carry out this section.''.
(b) Conforming Amendments.--(1) The heading of subpart G of part
III of title 5, United States Code, is amended to read as follows:
``SUBPART G--ANNUITIES, INSURANCE, AND MISCELLANEOUS BENEFITS''.
(2) The analysis for part III of title 5, United States Code, is
amended--
(A) by striking the item relating to subpart G and
inserting in lieu thereof the following:
``SUBPART G--ANNUITIES, INSURANCE, AND MISCELLANEOUS BENEFITS''; and
(B) by adding after the item relating to chapter 89 the
following:
``90. Miscellaneous Employee Benefits....................... 9001''.
SEC. 202. APPLICABILITY TO POSTAL EMPLOYEES.
Section 1005 of title 39, United States Code, is amended by adding
at the end the following:
``(g) Section 9001 of title 5 shall apply to the Postal Service.
Regulations prescribed by the Postal Service to carry out this
subsection shall be consistent with any guidelines issued under
subsection (g)(1) of such section.''.
SEC. 203. EFFECTIVE DATE.
This title shall take effect on October 1, 1995, and shall apply
with respect to any adoption which becomes final (determined in the
manner described in section
9001(c)(1) of title 5, United States Code, as added by this title) on
or after that date.
TITLE III--EXCLUSION OF ADOPTION ASSISTANCE
SEC. 301. EXCLUSION OF ADOPTION ASSISTANCE.
(a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by redesignating section 137
as section 138 and by inserting after section 136 the following new
section:
``SEC. 137. ADOPTION ASSISTANCE.
``(a) In General.--Gross income of an employee does not include
employee adoption assistance benefits, or military adoption assistance
benefits, received by the employee with respect to the employee's
adoption of a child.
``(b) Definitions.--For purposes of this section--
``(1) Employee adoption assistance benefits.--The term
`employee adoption assistance benefits' means payment by an
employer of qualified adoption expenses with respect to an
employee's adoption of a child, or reimbursement by the
employer of such qualified adoption expenses paid or incurred
by the employee in the taxable year.
``(2) Employer and employee.--The terms `employer' and
`employee' have the respective meanings given such terms by
section 127(c).
``(3) Military adoption assistance benefits.--The term
`military adoption assistance benefits' means benefits provided
under section 1052 of title 10, United States Code, or section
514 of title 14, United States Code.
``(4) Qualified adoption expenses.--
``(A) In general.--The term `qualified adoption
expenses' means reasonable and necessary adoption fees,
court costs, attorney fees, and other expenses--
``(i) which are directly related to, and
the principal purpose of which is for, the
legal adoption of an eligible child by the
taxpayer, and
``(ii) which are not incurred in violation
of State or Federal law or in carrying out any
surrogate parenting arrangement.
``(B) Eligible child.--The term `eligible child'
means any individual--
``(i) who has not attained age 18 as of the
time of the adoption, or
``(ii) who is physically or mentally
incapable of caring for himself.
``(c) Coordination With Other Provisions.--The Secretary shall
issue regulations to coordinate the application of this section with
the application of any other provision of this title which allows a
credit or deduction with respect to qualified adoption expenses.''
(b) Clerical Amendment.--The table of sections for part III of
subchapter B of chapter 1 of such Code is amended by striking the item
relating to section 137 and inserting the following new items:
``Sec. 137. Adoption assistance.
``Sec. 138. Cross references to other
Acts.''
(c) Effective Date.--The amendments made this section shall apply
to taxable years beginning after December 31, 1995. | TABLE OF CONTENTS:
Title I: General Adoption Assistance
Title II: Adoption Assistance for Federal Employees
Title III: Exclusion of Adoption Assistance
Adoption Assistance Act -
Title I: General Adoption Assistance
- Amends the Internal Revenue Code to allow an individual a refundable tax credit of up to $5,000 for qualified adoption expenses paid or incurred during the taxable year. Provides a limitation based on modified adjusted gross income.
Title II: Adoption Assistance for Federal Employees
- Requires the head of each agency to establish a program under which any employee of such agency (including a Postal Service employee) who adopts a child shall be provided a limited reimbursement for adoption expenses. Prohibits denial of an application for reimbursement on the basis of the marital status of the individual.
Title III: Exclusion of Adoption Assistance
- Amends the Internal Revenue Code to exclude from gross income employee or military adoption assistance benefits received by an employee for adoption assistance. | {"src": "billsum_train", "title": "Adoption Assistance Act"} | 2,780 | 216 | 0.553151 | 1.513463 | 0.761666 | 2.685864 | 13.193717 | 0.874346 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Strengthening
America's Security Act of 2005''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Border enforcement studies.
Sec. 3. Necessary assets for controlling United States borders.
Sec. 4. Document fraud detection.
Sec. 5. Report.
Sec. 6. Biometric entry-exit system.
Sec. 7. Expedited removal between ports of entry.
Sec. 8. Cancellation of visas.
Sec. 9. Release of aliens from noncontiguous countries.
Sec. 10. Reducing illegal immigration and alien smuggling on tribal
lands.
Sec. 11. Detention space and removal capacity.
Sec. 12. Increased criminal penalties for alien smuggling, document
fraud, gang violence, and drug trafficking.
Sec. 13. Removal of aliens.
Sec. 14. Additional immigration personnel.
Sec. 15. Automated alien records.
Sec. 16. Increase of Federal detention space.
Sec. 17. State Criminal Alien Assistance Program.
Sec. 18. Construction.
Sec. 19. State defined.
SEC. 2. BORDER ENFORCEMENT STUDIES.
(a) Subterranean Entry.--
(1) Study.--The Secretary of Homeland Security and the head
of the United States Army Corps of Engineers shall carry out a
joint study on methods to prevent aliens from illegally
entering the United States through subterranean tunnels along
the international border between the United States and Mexico
and the cost, utility, and effectiveness of employing such
methods for border security.
(2) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Homeland Security and
the head of the United States Army Corps of Engineers shall
submit to Congress the results of the study required by
paragraph (1).
(b) Barriers for Land Crossings.--
(1) Study.--The Secretary of Homeland Security shall carry
out a study of the feasibility and effectiveness of completing
primary and secondary fences along the international border
between the United States and Mexico and the cost and utility
of employing such fences for border security.
(2) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Homeland Security shall
submit to Congress the results of the study required by
paragraph (1).
SEC. 3. NECESSARY ASSETS FOR CONTROLLING UNITED STATES BORDERS.
(a) Personnel.--
(1) Customs and border protection officers.--In each of the
fiscal years 2006 through 2010, the Secretary of Homeland
Security shall increase by not less than 250 the number of
positions for full-time active duty Customs and Border
Protection officers.
(2) Authorization of appropriations.--
(A) Customs and border protection officers.--There
are authorized to be appropriated such sums as may be
necessary for each of fiscal years 2006 through 2010 to
carry out paragraph (1).
(B) Border patrol agents.--There are authorized to
be appropriated such sums as may be necessary for each
of fiscal years 2006 through 2010 to carry out section
5202 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (118 Stat. 3734).
(C) Transportation of aliens.--There are authorized
to be appropriated such sums as may be necessary for
each of fiscal years 2006 through 2010 for the
transportation of aliens.
(b) Technological Assets.--
(1) Acquisition.--The Secretary of Homeland Security shall
procure unmanned aerial vehicles, cameras, poles, sensors, and
other technologies necessary to achieve operational control of
the borders of the United States.
(2) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary for each of
fiscal years 2006 through 2010 to carry out paragraph (1).
(c) Infrastructure.--
(1) Construction of border control facilities.--The
Secretary of Homeland Security shall construct all-weather
roads and shall acquire vehicle barriers and necessary
facilities to support its mission of achieving operational
control of the borders of the United States.
(2) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary for each of
fiscal years 2006 through 2010 to carry out paragraph (1).
(d) Border Patrol Checkpoints.--Temporary or permanent checkpoints
may be maintained on roadways in border patrol sectors within 100 miles
of the border between the United States and Mexico.
SEC. 4. DOCUMENT FRAUD DETECTION.
(a) Training.--The Secretary of Homeland Security shall provide all
customs and border protection officers with training in identifying and
detecting fraudulent travel documents. Such training shall be developed
in consultation with the Forensic Document Laboratory of Immigration
and Customs Enforcement.
(b) Forensic Document Laboratory.--The Secretary of Homeland
Security shall provide all customs and border protection officers with
access to the Forensic Document Laboratory.
(c) Report and Assessment.--
(1) Report.--Not later than 1 year after the effective date
of this Act, and annually through 2010, the Secretary of
Homeland Security shall submit a report to the Office of the
Inspector General regarding the accuracy and reliability of the
Forensic Document Laboratory in identifying and detecting
fraudulent documents.
(2) Assessment.--The Office of Inspector General shall
conduct an independent assessment of the accuracy and
reliability of the Forensic Document Library and submit a
report to Congress on the results of such assessment.
(d) Right to Appellate Review.--
(1) Establishment of appellate review board.--There is
established, within Immigration and Customs Enforcement
Identity and Benefits Fraud Branch of the Department of
Homeland Security, the Fraud Appellate Review Board, which
shall be authorized to review determinations by the Forensic
Document Laboratory that a certain document is fraudulent.
(2) Right to appeal.--Any alien against whom a negative
determination is made by the Forensic Document Laboratory
regarding the authenticity of a document may appeal such
determination to the Fraud Appellate Review Board for an
independent determination of the findings of the Forensic
Document Laboratory.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for each of fiscal years
2006 through 2010 to carry out this section.
SEC. 5. REPORT.
Not later than October 26, 2007, the Secretary of Homeland Security
shall submit a report to Congress that describes--
(1) the documents that need to be machine-readable and
tamper-resistant and incorporate biometric identifiers;
(2) how documents described in paragraph (1) will meet
those standards;
(3) the locations at which the Department of Homeland
Security will install document readers;
(4) the estimated costs for creating such documents and
installing such readers; and
(5) realistic deadlines for issuing machine-readable,
tamper-resistant documents that incorporate biometric documents
and installing document readers.
SEC. 6. BIOMETRIC ENTRY-EXIT SYSTEM.
(a) Grounds of Inadmissibility.--Section 212 of the Immigration and
Nationality Act (8 U.S.C. 1182) is amended--
(1) in subsection (a)(7), by adding at the end the
following:
``(C) Withholders of biometric data.--Any alien who
knowingly fails to comply with a lawful request for
biometric data under section 215(c) or 235(d) is
inadmissible.''; and
(2) in subsection (d), by inserting after paragraph (1) the
following:
``(2) The Secretary of Homeland Security shall determine whether a
ground for inadmissibility exists with respect to an alien described in
subparagraph (C) subsection (a)(7) and may waive the application of
such subparagraph, for an individual alien or a class of aliens, at the
discretion of the Secretary.''.
(b) Collection of Biometric Data From Aliens Departing the United
States.--Section 215 of the Immigration and Nationality Act (8 U.S.C.
1185) is amended--
(1) by redesignating subsection (c) as subsection (g); and
(2) by inserting after subsection (b) the following:
``(c) The Secretary of Homeland Security is authorized to require
aliens departing the United States to provide biometric data and other
information relating to their immigration status.''.
(c) Inspection of Applicants for Admission.--Section 235(d) of the
Immigration and Nationality Act (8 U.S.C. 1185(d)) is amended by adding
at the end the following:
``(5) Authority to collect biometric data.--In conducting
inspections under subsection (b), immigration officers are
authorized to collect biometric data from--
``(A) any applicant for admission or alien seeking
to transit through the United States; or
``(B) any lawful permanent resident who is entering
the United States, but is not regarded as seeking
admission under section 101(a)(13)(C).''.
(d) Collection of Biometric Data From Alien Crewman.--Section 252
of the Immigration and Nationality Act (8 U.S.C. 1282) is amended by
inserting ``Immigration officers are authorized to collect biometric
data from any alien crewman seeking permission to land temporarily in
the United States.'' after ``this title.''.
(e) Implementation.--Section 7208(l) of the 9/11 Commission
Implementation Act of 2004 (8 U.S.C. 1365b(l)) is amended--
(1) by striking ``There are authorized'' and inserting the
following:
``(1) In general.--There are authorized''; and
(2) by adding at the end the following:
``(2) Implementation at all land border ports of entry.--
There are authorized to be appropriated such sums as may be
necessary for each of fiscal years 2006 and 2007 to implement
the automated biometric entry and exit data system at all land
border ports of entry.''.
SEC. 7. EXPEDITED REMOVAL BETWEEN PORTS OF ENTRY.
(a) In General.--Section 235 of the Immigration and Nationality Act
(8 U.S.C. 1225) is amended--
(1) in subsection (b)(1)(A)(i), by striking ``the officer''
and inserting ``a supervisory officer''; and
(2) in subsection (c), by adding at the end the following:
``(4) Expansion.--The Secretary of Homeland Security shall
make the expedited removal procedures under this subsection
available in all border patrol sectors on the southern border
of the United States as soon as operationally possible.
``(5) National security certification.--No alien shall be
expeditiously removed until the appropriate Director of Field
Operations has certified in writing that expeditious removal of
the alien will pose no security risk to the United States.
``(6) Training.--The Secretary of Homeland Security shall
provide employees of the Department of Homeland Security with
comprehensive training of the procedures authorized under this
subsection.''.
(b) Authorization of Appropriations.--There are authorized to be
appropriated $10,000,000 for each of fiscal years 2006 through 2010 to
carry out the amendments made by this section.
SEC. 8. CANCELLATION OF VISAS.
Section 222(g) of the Immigration and Nationality Act (8 U.S.C.
1202(g)) is amended--
(1) in paragraph (1), by inserting ``and any other
nonimmigrant visa issued by the United States that is in the
possession of the alien except upon a showing of extraordinary
circumstances or in the case of technical violations'' after
``such visa''; and
(2) in paragraph (2)(A), by striking ``(other than the visa
described in paragraph (1)) issued in a consular office located
in the country of the alien's nationality'' and inserting
``(other than a visa described in paragraph (1)) issued in a
consular office located in the country of the alien's
nationality or foreign residence''.
SEC. 9. RELEASE OF ALIENS FROM NONCONTIGUOUS COUNTRIES.
(a) Minimum Bond.--Section 236(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1226(a)(2)) is amended--
(1) by striking ``on'';
(2) in subparagraph (A)--
(A) by inserting ``except as provided under
subparagraph (B), upon the giving of a''; and
(B) by striking ``or'' at the end;
(3) by redesignating subparagraph (B) as subparagraph (C);
and
(4) by inserting after subparagraph (A) the following:
``(B) if the alien is a national of a noncontiguous
country, has not been admitted or paroled into the
United States, and was apprehended within 2 years of
admission and within 100 miles of the international
border of the United States or presents a flight risk,
as determined by the Secretary of Homeland Security,
upon the giving of a bond of at least $5,000 with
security approved by, and containing conditions
prescribed by, the Secretary of Homeland Security or
the Attorney General, and subject to review before the
Executive Office of Immigration Review; or''.
(b) Report.--Not later than 2 years after the effective date of
this Act, the Secretary of Homeland Security shall submit a report to
Congress on the number of aliens from noncontiguous countries who are
apprehended between land border ports of entry.
SEC. 10. REDUCING ILLEGAL IMMIGRATION AND ALIEN SMUGGLING ON TRIBAL
LANDS.
(a) Grants Authorized.--The Secretary of Homeland Security may
award grants to Indian tribes with lands adjacent to an international
border of the United States that have been adversely affected by
illegal immigration.
(b) Use of Funds.--Grants awarded under subsection (a) may be used
for--
(1) law enforcement activities;
(2) health care services;
(3) environmental restoration; and
(4) the preservation of cultural resources.
(c) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary of Homeland Security shall submit a report to
the Committee on the Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives that--
(1) describes the level of access of Border Patrol agents
on tribal lands;
(2) describes the extent to which enforcement of
immigration laws may be improved by enhanced access to tribal
lands;
(3) contains a strategy for improving such access through
cooperation with tribal authorities; and
(4) identifies grants provided by the Department of
Homeland Security for Indian tribes, either directly or through
State or local grants, relating to border security expenses.
(d) Authorization of Appropriations.--There are authorized to be
appropriated $10,000,000 for each of fiscal years 2006 through 2010 to
carry out this section.
SEC. 11. DETENTION SPACE AND REMOVAL CAPACITY.
(a) In General.--Section 5204 of the Intelligence Reform and
Terrorism Protection Act of 2004 (118 Stat. 3734) is amended--
(1) in subsection (a), by striking ``8,000'' and inserting
``10,000''; and
(2) by adding at the end the following:
``(c) Authorization of Appropriations.--In addition to amounts
otherwise authorized to be appropriated, there are authorized to be
appropriated such sums as may be necessary for each of fiscal years
2006 through 2010 to carry out subsection (a).''.
(b) Legal Representation.--No person shall be detained by the
Department of Homeland Security in a location that limits the person's
reasonable access to legal counsel. Upon active or constructive notice
that a person is represented by an attorney, that person shall not be
moved without providing the attorney reasonable notice in advance of
such move.
SEC. 12. INCREASED CRIMINAL PENALTIES FOR ALIEN SMUGGLING, DOCUMENT
FRAUD, GANG VIOLENCE, AND DRUG TRAFFICKING.
(a) Alien Smuggling.--Section 274(a) of the Immigration and
Nationality Act (8 U.S.C. 1324(a)) is amended--
(1) in paragraph (1)(B)--
(A) in clause (i), by striking ``10 years'' and
inserting ``15 years'';
(B) in clause (ii), by striking ``5 years'' and
inserting ``10 years''; and
(C) in clause (iii), by striking ``20 years'' and
inserting ``40 years'';
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``one year, or
both; or'' and inserting ``3 years, or both'';
(B) in subparagraph (B)--
(i) in clause (i), by adding at the end the
following: ``be fined under title 18, United
States Code, and imprisoned not less than 5
years nor more than 25 years;'';
(ii) in clause (ii), by striking ``or'' at
the end and inserting the following: ``be fined
under title 18, United States Code, and
imprisoned not less than 3 years nor more than | Strengthening America's Security Act of 2005 - Provides for: (1) increases in funding, personnel, and technology at the federal, state, and local level for immigration and border enforcement and visa security, document integrity, immigration fraud, and detention and removal of illegal aliens; and (2) specified border enforcement studies.
Sets forth provisions for the release on bond of certain illegal aliens from noncontiguous countries.
Directs the Secretary of Homeland Security to make expedited removal procedures available in all border patrol sectors on the southern U.S. border as soon as operationally possible.
Authorizes grants to border-adjacent Indian tribes adversely affected by illegal immigration for law enforcement, health care, environmental restoration, and cultural preservation.
Provides for increased detention and federal detention space. Prohibits detention that limits a person's reasonable access to legal counsel.
Increases criminal penalties for alien smuggling, document fraud, gang violence, and drug trafficking.
Makes an alien inadmissible who: (1) is a member of a street gang; or (2) refuses to comply with a lawful request for biometric data. Continues the institutional removal program (IRP).
Establishes in: (1) the Department of Justice an Assistant Attorney General for Immigration Enforcement; and (2) the Immigration and Customs Enforcement Identity and Benefits Fraud Branch of the Department of Homeland Security (DHS) the Fraud Appellate Review Board, which shall review determinations by the Forensic Document Laboratory determinations of fraudulent documents.
Provides for federal reimbursement of state and local costs associated with processing illegal aliens through the criminal justice system. | {"src": "billsum_train", "title": "A bill to strengthen national security and United States borders, and for other purposes."} | 3,875 | 354 | 0.519015 | 1.653917 | 0.786136 | 3.069307 | 11.326733 | 0.89769 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Zimbabwe Sanctions Repeal Act of
2010''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Robert Mugabe, President of Zimbabwe and leader of the
Zimbabwe African National Union-Patriotic Front, has ruled
Zimbabwe for 30 years.
(2) During President Mugabe's regime, Zimbabwe has gone
from being the ``bread basket'' of Africa to the world's
fastest shrinking economy.
(3) In 2000, the Government of Zimbabwe initiated a
farmland redistribution program, designed to reallocate foreign
commercial farmland to poor and middle-class citizens of
Zimbabwe.
(4) The redistribution program led to the confiscation of
industrial, fertile, and previously settled lands, led to mass
chaos, undermined the Constitution of Zimbabwe, and caused more
than 400,000 farmers to lose their homes and livelihoods.
(5) In 2005, President Mugabe implemented a project known
as Operation Murambatsvina, translated into English as
Operation ``Clean Out the Filth''.
(6) Under Operation Clean Out the Filth, the Mugabe regime
bulldozed and destroyed thousands of homes and businesses,
leading to an estimated 700,000 internally displaced persons.
(7) The majority of the people of Zimbabwe live on less
than one dollar a day.
(8) The current unemployment rate in Zimbabwe is 95
percent, which has forced an estimated 3,000,000 of the people
of Zimbabwe, a quarter of the overall population, to migrate to
neighboring countries.
(9) All of those actions by President Mugabe's regime have
caused significant economic hardships that persist in Zimbabwe.
(10) Presidential elections were held on March 29, 2008,
between President Mugabe and Morgan Tsvangirai, leader of the
opposition party, the Movement for Democratic Change.
(11) Tsvangirai won 47.8 percent of the vote, compared to
President Mugabe's 43.2 percent.
(12) Because Tsvangirai failed to achieve 50 percent of the
votes needed to win outright, a run-off was scheduled for June
27, 2008.
(13) President Mugabe declared that, regardless of the
election outcome, he would not relinquish power, and directed a
crackdown on opposition parties, stating, ``Only God, who
appointed me, will remove me''.
(14) As many as 400 members and supporters of the Movement
for Democratic Change were killed during the run-off campaign
period.
(15) Tsvangirai dropped out of the run-off race, and took
refuge in the Embassy of the Netherlands, stating that he could
not ask people to vote ``when that vote could cost them their
lives''.
(16) The violence surrounding this unfair election came to
the world's attention and specifically to that of the Southern
African Development Community, compromised of 15 southern
African countries, and the United States.
(17) Pressure from the Southern African Development
Community and the United States led to the creation of a power-
sharing agreement between Mugabe's Zimbabwe African National
Union-Patriotic Front and Tsvangirai's Movement for Democratic
Change called the Global Political Agreement, which was signed
into effect on September 15, 2008.
(18) The Parliament of Zimbabwe amended the Constitution of
Zimbabwe to allow for the creation of the power-sharing
government.
(19) Mugabe remained President and Tsvangirai was sworn in
as the Prime Minister of Zimbabwe on February 11, 2009, and
Tendai Biti was appointed Minister of Finance by Prime Minister
Tsvangirai.
(20) Since the appointment of Biti as Minister of Finance,
the economy of Zimbabwe has seen remarkable recovery in a short
period of time. For example, to combat inflation, Minister Biti
abandoned the currency of Zimbabwe and adopted foreign
currencies, including the United States dollar and South
African rand, and subsequently reduced the previous inflation
rate of 15,000,000,000 percent in 2008 to 5.1 percent one year
later.
(21) During Biti's time as Minister of Finance, the real
gross domestic product of Zimbabwe also improved, increasing
from negative 14.4 percent in 2008 to a positive 3.7 percent in
2009.
(22) The salaries of government employees have also been
reissued, allowing those employed in basic government services
like medicine, education, and transportation to return to work.
(23) The overall economy and well-being of the citizens of
Zimbabwe have made tremendous advances since Tsvangirai and the
Movement for Democratic Change have gained power-sharing
authority in the Government of Zimbabwe.
(24) In 2001, the Zimbabwe Democracy and Economic Recovery
Act of 2001 (Public Law 107-99; 22 U.S.C. 2151 note) was
enacted into law in the United States, imposing sanctions on
the Mugabe regime and members of the Zimbabwe African National
Union-Patriotic Front.
(25) Section 4(c) of the Zimbabwe Democracy and Economic
Recovery Act of 2001 specifically directs the United States
Executive Director to each international financial institution
to oppose and vote against any extension by the institution of
any loan, credit, or guarantee to the Government of Zimbabwe or
any cancellation or reduction of indebtedness owed by the
Government of Zimbabwe to the United States or any
international financial institution.
(26) In order to restore fully the economy of Zimbabwe and
assist in the process of transition to democracy, the sanctions
imposed under the Zimbabwe Democracy and Economic Recovery Act
of 2001 and burdening the power-sharing government in Zimbabwe
must be repealed.
SEC. 3. REPEAL OF ZIMBABWE DEMOCRACY AND ECONOMIC RECOVERY ACT OF 2001.
The Zimbabwe Democracy and Economic Recovery Act of 2001 (Public
Law 107-99; 22 U.S.C. 2151 note) is repealed. | Zimbabwe Sanctions Repeal Act of 2010 - Repeals the Zimbabwe Democracy and Economic Recovery Act of 2001. (The Zimbabwe Democracy and Economic Recovery Act of 2001 prohibits U.S. support through international financial institutions for debt relief and other economic development aid to Zimbabwe until certain conditions to restore democracy and the rule of law are met.) | {"src": "billsum_train", "title": "A bill to repeal the Zimbabwe Democracy and Economic Recovery Act of 2001."} | 1,241 | 72 | 0.409506 | 1.138732 | 0.638544 | 3.566667 | 19.4 | 0.733333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Local and Municipal Health Care
Choice Act of 2015''.
SEC. 2. COOPERATIVE GOVERNING OF PUBLIC ENTITY GROUP HEALTH COVERAGE.
Title XXVII of the Public Health Service Act (42 U.S.C. 300gg et
seq.) is amended--
(1) by redesignating the section 2794 (42 U.S.C. 300gg-95)
relating to uniform fraud and abuse referral format as section
2795; and
(2) by adding at the end the following new section:
``SEC. 2796. AUTHORITY TO OFFER PUBLIC ENTITY GROUP HEALTH COVERAGE TO
LOCAL GOVERNMENTS IN A SECONDARY STATE.
``(a) In General.--A local government in a secondary State (as
defined in subsection (i)(7)) may provide group health coverage to its
officers, employees, or retirees (and their dependents) through a local
government employee health benefits pool or program authorized under
the laws of a primary State, subject to the provisions of this section.
``(b) Eligibility for Multistate Activity.--A local government
employee health benefits pool or program shall be eligible to offer
group health coverage to officials, employees, and retirees (and their
dependents) of a local government located in a secondary State through
an interlocal agreement with such local government, or as approved by
an applicable State authority in such secondary State, unless--
``(1) in the case of a pool or program that primarily
serves municipal officers, employees, or retirees (and their
dependents), an objection is made to the offering of such
coverage by the municipal league or association located in the
secondary State within 90 days of the date on which the
authority is granted or an interlocal agreement is executed; or
``(2) in the case of a pool or program that primarily
serves county officers, employees, retirees (and their
dependents), an objection is made to the offering of such
coverage by the county association located in the secondary
State within 90 days of the date on which the authority is
granted or an interlocal agreement is executed.
``(c) Application of Covered Laws of Primary State.--The covered
laws (as defined in subsection (i)(2)) of the primary State shall apply
to group health coverage offered by a local government employee health
benefits pool or program in the primary State and in any secondary
State, but only if the coverage and the pool or program comply with the
conditions of this section with respect to the offering of coverage in
any secondary State.
``(d) Limited Application of Secondary State Laws.--
``(1) In general.--Except as provided in this section, a
local government employee health benefits pool or program that
offers group health coverage in a secondary State to the
officers, employees, or retirees (and their dependents) of a
local government located in such secondary State, is exempt
from any covered laws of the secondary State (and any rules,
regulations, agreements, or orders sought or issued by such
State under or related to such covered laws).
``(2) Secondary state authority.--A secondary State may
require a local government employee health benefits pool or
program to do any or all of the following:
``(A) Registration.--To register with an applicable
State authority in such State with jurisdiction over
local government employee health benefits pools or
programs and designate such authority as its agent
solely for the purpose of receiving service of legal
documents or process.
``(B) Documentation.--To file with an applicable
state authority in such State--
``(i) a written intent to do business in
that State;
``(ii) copies of the membership or
interlocal agreements entered into between the
local government employee health benefits pool
or program and a local government of that
State; and
``(iii) copies of annual audited financial
statements of the local government employee
health benefits pool or program filed with the
primary State.
``(C) Compliance with injunctions.--To comply with
an injunction issued by a court of competent
jurisdiction, upon a petition by an applicable State
authority in such State alleging that the pool or
program is in hazardous financial condition.
``(D) Compliance with state fraud and abuse laws.--
To comply with any State law regarding fraud and abuse,
except that if the State seeks an injunction regarding
the conduct described in this subparagraph, such
injunction must be obtained from a court of competent
jurisdiction.
``(E) Compliance with state unfair claims
settlement practices laws.--To comply with any State
law regarding unfair claims settlement practices.
``(3) Limitations on secondary state authority.--If a local
government employee health benefits pool or program offers
group health insurance coverage to officials, employees, and
retirees (and their dependents) of a local government located
in a secondary State pursuant to subsection (b), such secondary
State may not do any of the following:
``(A) Countersigned by local agent or broker.--
Require any group health coverage issued by the pool or
program to be countersigned by an insurance agent or
broker residing in that secondary State.
``(B) Submit to duplicative financial
examinations.--Require the pool or program to submit to
an examination of its financial condition by an
applicable State authority in such State, unless--
``(i) an applicable State authority of the
primary State has not done an examination
within the period recommended by the National
Association of Insurance Commissioners; and
``(ii) any such examination by the
secondary State is conducted in accordance with
the examiners' handbook of the National
Association of Insurance Commissioners and is
coordinated to avoid unjustified duplication
and unjustified repetition.
``(C) Discriminate against pool or program.--
Otherwise discriminate against the pool or program
issuing group health coverage in both the primary State
and in any secondary State.
``(e) Benefit Requirements.--Group health coverage offered by a
local government employee health benefits pool or program shall be at
least as comprehensive as the coverage of the essential health benefits
under section 1302(b) of the Patient Protection and Affordable Care Act
(42 U.S.C. 18022(b)).
``(f) Disclosure Requirement.--Prior to providing group health
coverage to the officers, employees, or retirees (and their dependents)
of a local government located in a secondary State, a local government
employee health benefits pool or program shall provide notice to such
individuals that the health coverage is governed by the covered laws
and regulations of the primary State, as well as by any applicable
Federal laws and regulations.
``(g) Status of Group Health Coverage in Secondary State.--A local
government employee health benefits pool or program that is not
regulated as an insurer in its primary State, and whose group health
plans are not regulated as insurance in its primary State, shall not be
subject to the jurisdiction of a State insurance regulatory agency in
any secondary State.
``(h) Designation of Primary State.--
``(1) Designation of a single state.--A local government
employee health benefits pool or program may only designate one
State as its primary State with respect to all such coverage it
offers under this section.
``(2) Initial operations in primary state.--Such pool or
program may not offer group health coverage in a secondary
State until it is deemed to be doing business in the primary
State.
``(i) Definitions.--In this section:
``(1) Applicable state authority.--The term `applicable
State authority' means, with respect to a local government
employee health benefits pool or program in a State, any
official or officials designated by the State to administer the
requirements of this section for the State with respect to such
pool or program, including the official or officials with
authority to approve interlocal agreements under applicable
State law, but shall not include any State insurance regulatory
agency.
``(2) Covered laws.--
``(A) In general.--The term `covered laws' means
the laws, rules, regulations, agreements, and orders
pertaining to any of the following:
``(i) Group health coverage issued by a
local government employee health benefits pool
or program.
``(ii) The offer, sale, rating (including
medical underwriting), renewal, and issuance of
group health coverage to local government
officials, employees, and retirees or their
dependents.
``(iii) The management, operations, and
investment activities of a local government
employee health benefits pool or program.
``(iv) Loss control and claims
administration for a local government employee
health benefits pool or program with respect to
liability for which the pool or program
provides coverage.
``(v) The payment, on a nondiscriminatory
basis, of applicable premium and other taxes
(including high risk pool assessments) which
are levied on health insurance issuers,
brokers, or policyholders under the laws of the
State.
``(B) Exception.--Such term does not include any
law, rule, regulation, agreement, or order governing
the use of care or cost management techniques,
including any requirement related to provider
contracting, network access or adequacy, health care
data collection, or quality assurance.
``(3) Group health coverage.--The term `group health
coverage' means medical care expense reimbursement provided
under a group health plan.
``(4) Local government.--The term `local government' means
a county, municipality, special district, school district,
junior college district, housing authority, or other political
subdivision or public entity defined under State law.
``(5) Local government employee health benefits pool or
program.--The term `local government employee health benefits
pool or program' means a risk pool authorized or permitted by
State statute or otherwise regulated by a State agency under
which--
``(A) a local government or group of local
governments, directly or through a pool, provide health
care benefits primarily for local government officials,
employees, and retirees and their dependents; and
``(B) such pool may provide health care benefits
from the assets of the pool or its member local
governments through any combination of self-funded
arrangements or fully insured products;
and includes any other State authorized program designed to
provide health benefits to local government officials,
employees, and retirees and their dependents.
``(6) Primary state.--The term `primary State' means, with
respect to group health coverage offered by a local government
employee health benefits pool or program, the State designated
by the pool or program as the State whose covered laws shall
govern the pool or program in the issuance of such coverage
under this part.
``(7) Secondary state.--The term `secondary State' means,
with respect to group health coverage offered by a local
government employee health benefits pool or program, any State
that is not the primary State.''. | Local and Municipal Health Care Choice Act of 2015 Amends the Public Health Service Act to authorize a local government in a secondary state to provide group health coverage to its officers, employees, or retirees (and their dependents) through a local government employee health benefits pool or program authorized under the laws of a primary state. Defines: (1) "primary state" to mean the state designated by a local government employee health benefits pool or program as the state whose covered laws shall govern the pool or program in the issuance of group health coverage, and (2) "secondary state" to mean any state that is not the primary state. Makes a local government employee health benefits pool or program eligible to offer group health coverage to officials, employees, and retirees (and their dependents) of a local government located in a secondary state through an interlocal agreement with such local government, or as approved by an applicable state authority in such secondary state, unless objections are made within a specified time frame by the municipal league or association or county association located in the secondary state. Requires the covered laws of the primary state to apply to group health coverage offered by a local government employee health benefits pool or program in the primary state and in any secondary state, but only if the coverage and the pool or program comply with conditions set forth in this Act with respect to the offering of coverage in any secondary state. Defines "covered laws" as the laws, rules, regulations, agreements, and orders pertaining to: group health coverage issued by a local government employee health benefits pool or program; the offer, sale, rating, renewal, and issuance of group health coverage to local government officials, employees, and retirees or their dependents; the management, operations, and investment activities of such a pool or program; loss control and claims administration for such a pool or program with respect to liability for which the pool or program provides coverage; or the payment of applicable premium and other taxes that are levied on health insurance issuers, brokers, or policyholders under the laws of the state. Excludes from such term any law, rule, regulation, agreement, or order governing the use of care or cost management techniques. Exempts a local government pool or program that offers group health coverage in a secondary state to the officers, employees, or retirees of a local government located in such secondary state from any covered laws of the secondary state. Permits a secondary state to require such a pool or program to register with an applicable authority in such state and to comply with any state law regarding fraud and abuse or unfair claims settlement practices. | {"src": "billsum_train", "title": "Local and Municipal Health Care Choice Act of 2015"} | 2,426 | 565 | 0.734184 | 2.441315 | 0.763587 | 6.608187 | 4.387914 | 0.939571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Encourage Initiative and Promote
Self-Esteem Act of 2005''.
SEC. 2. AMENDMENTS TO TITLE II OF THE SOCIAL SECURITY ACT.
(a) In General.--Section 222 of the Social Security Act (42 U.S.C.
422) is amended by adding at the end the following new subsection:
``Special Rules for Benefits Based on Waxing and Waning Medical
Condition
``(f)(1) In the case of any qualifying disabled individual--
``(A) the termination month for purposes of section
223(a)(1) or subsection (d)(1)(G), (e)(1), or (f)(1) of section
202 shall be, in lieu of the termination month otherwise
described therein, the third month following the end of the
individual's special entitlement period,
``(B) the extent to which benefits of the individual under
section 223 or subsection (d), (e), or (f) of section 202 are
payable for any month during the individual's special
entitlement period shall be determined without regard to
whether the individual engages in substantial gainful activity,
``(C) the amount of the individual's monthly insurance
benefit payable for any month during the special entitlement
period shall not exceed the maximum benefit payment for the
month determined under paragraph (4), and
``(D) the Commissioner shall not undertake a review of such
individual's disability during any month following a month in
which such individual performs services from which such
individual earns the greater of $300 or the dollar amount
derived for the month for purposes of this subparagraph under
paragraph (6).
``(2) For purposes of paragraph (1), the term `qualifying disabled
individual' means an individual--
``(A) who is entitled to disability insurance benefits
under section 223, child's insurance benefits under section
202(d) based on the individual's disability, or widow's or
widower's insurance benefits under subsection (e) or (f) of
section 202 based on the individual's disability, and
``(B) whose disability is based (in whole or in part) on a
waxing and waning medical condition.
``(3) For purposes of paragraph (1), the special entitlement period
of an individual under this subsection--
``(A) begins with the month in which the individual becomes
entitled to benefits described in paragraph (2)(A), and
``(B) ends with any month during which the Commissioner
determines that the impairment on the basis of which such
benefits are provided has ceased, does not exist, or is not
disabling.
``(4) The amount of a qualifying disabled individual's benefit
described in paragraph (2) which is payable for any month under this
title commencing with or after such individual's 7th month of
entitlement shall not exceed the amount of such benefit otherwise
payable under this title, reduced (to not less than zero), by \2/3\ of
the individual's excess trial earnings amount for such month.
``(5) For purposes of this paragraph--
``(A) The term `waxing and waning medical condition' means,
in connection with an individual, any medical condition which,
prior to the first month of entitlement of the individual, has
been certified to the Commissioner by a qualified physician as
a condition which, in the case of such individual, may
reasonably be expected to involve, in the absence of recovery,
periods for which the individual will be able to engage in
substantial gainful activity interspersed among periods for
which the individual will not, by reason of a lack of adequate
and reasonably available assistive technology, be able to
engage in substantial gainful activity.
``(B) The term `excess trial earnings' of an individual for
any month means the excess (if any) of--
``(i) the average amount earned by such individual
from services performed each month during the most
recent test period commencing with or after the first
month of the such individual's special entitlement
period, over
``(ii) the trial earnings threshold for such month.
``(C) The term `test period' in connection with any month
means the period of the first 3 calendar months of the period
of 6 calendar months immediately preceding such month.
``(D) The term `trial earnings threshold' for a month means
the greater of $580 or the product derived for the month for
purposes of this subparagraph under paragraph (6).
``(6) The product derived under this paragraph for any month for
purposes of subparagraph (D) of paragraph (1) or subparagraph (D) of
paragraph (5) is the product derived by multiplying the dollar amount
specified in such subparagraph by the ratio of--
``(A) the national average wage index (as defined in
section 209(k)(1)) for the first of the 2 preceding calendar
years, to
``(B) the national average wage index (as so defined) for
calendar year 2003.
Any such product which is not a multiple of $10 shall be rounded to the
next higher multiple of $10 where such product is a multiple of $5 but
not of $10 and to the nearest multiple of $10 in any other case. The
Secretary shall determine and publish the trial earnings threshold for
each month in November of the preceding calendar year.''.
(b) Conforming Amendments.--
(1) Termination month.--
(A) Section 223(a)(1) of such Act (42 U.S.C.
423(a)(1)) is amended by inserting, after the first
full sentence beginning in the matter following
subparagraph (E), the following new sentence: ``The
termination month of a qualifying disabled individual
(as defined in section 222(f)(2)) shall be determined
under section 222(f)(1)(A).''.
(B) Section 202(d)(1)(G)(i) of such Act (42 U.S.C.
402(d)(1)(G)(i)) is amended by striking ``activity)''
and inserting ``activity, and, in the case of a
qualifying disabled individual (as defined in section
222(f)(2)), the termination month shall be the month
determined under section 222(f)(1)(A))''.
(C) Section 202(e)(1) of such Act (42 U.S.C.
402(e)(1)) is amended by inserting, after the first
full sentence beginning in the matter following
subparagraph (F)(ii), the following new sentence: ``The
termination month of a qualifying disabled individual
(as defined in section 222(f)(2)) shall be determined
under section 222(f)(1)(A).''.
(D) Section 202(f)(1) of such Act (42 U.S.C.
402(f)(1)) is amended by inserting, after the first
full sentence beginning in the matter following
subparagraph (F)(ii), the following new sentence: ``The
termination month of a qualifying disabled individual
(as defined in section 222(f)(2)) shall be determined
under section 222(f)(1)(A).''.
(2) Conforming amendment to current rules regarding
substantial gainful activity by other individuals during
extended periods of eligibility.--Section 223(e)(1) of such Act
(42 U.S.C. 423(e)(1)) is amended by striking ``No benefit'' and
inserting ``In the case of an individual other than a
qualifying disabled individual (as defined in section
222(f)(2)), no benefit'', and by striking ``to an individual''
and inserting ``to such individual''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to individuals who are entitled to disability
insurance benefits under section 223 of the Social Security Act,
child's insurance benefits under section 202(d) of such Act (based on
the individual's disability), or wife's or husband's insurance benefits
under subsection (b) or (c) of section 202 of such Act (based on the
individual's disability) on or after the date of the enactment of this
Act and whose trial work period in connection with such entitlement has
not terminated as of such date.
SEC. 3. AMENDMENT TO TITLE XVI OF THE SOCIAL SECURITY ACT.
(a) In General.--Section 1611 of the Social Security Act (42 U.S.C.
1382) is amended by adding at the end the following new subsection:
``Special Rules for Disability Benefit Based on Waxing and Waning
Medical Condition
``(j)(1) In the case of any qualifying disabled individual--
``(A) the extent to which a benefit under this title by
reason of disability is payable with respect to the individual
during the special entitlement period of the individual shall
be determined without regard to whether the individual is able
to engage in substantial gainful activity;
``(B) the amount of the benefit payable for any month
during the special entitlement period shall not exceed the
maximum benefit payable with respect to the individual for the
month, as determined under paragraph (4); and
``(C) the Commissioner shall not undertake a review of the
individual's disability during any month following a month in
which such individual performs services from which the
individual earns the greater of $300 or the dollar amount
derived for the month for purposes of section 222(f)(1)(D)
under section 222(f)(6).
``(2) For purposes of paragraph (1), the term `qualifying disabled
individual' means an individual who is an eligible individual for
purposes of this title by reason of disability, and whose disability is
based (in whole or in part) on a waxing and waning medical condition.
``(3) For purposes of paragraph (1), the special entitlement period
of an individual--
``(A) begins with the month in which the individual becomes
entitled to benefits under this title by reason of disability;
and
``(B) ends with any month during which the Commissioner
determines that the impairment on the basis of which such
benefits are provided has ceased, does not exist, or is not
disabling.
``(4) The amount of the benefit of a qualifying disabled individual
which is payable for any month under this title commencing with or
after the 7th month for which the individual is eligible for benefits
under this title by reason of such disability shall not exceed the
amount of the benefit otherwise payable under this title, reduced (to
not less than zero) by \2/3\ of the individual's excess trial earnings
amount for the month.
``(5) For purposes of this subsection:
``(A) The term `waxing and waning medical condition' means,
in connection with an individual, any medical condition which,
prior to the first month of eligibility of the individual for
benefits under this title by reason of disability, has been
certified to the Commissioner by a qualified physician as a
condition which, in the case of such individual, may reasonably
be expected to involve, in the absence of recovery, periods for
which the individual will be able to engage in substantial
gainful activity interspersed among periods for which the
individual will not, by reason of a lack of adequate and
reasonably available assistive technology, be able to engage in
substantial gainful activity.
``(B) The term `excess trial earnings' of an individual for
any month has the meaning given the term in section
222(f)(5)(B).
``(C) The term `test period' in connection with any month
has the meaning given the term in section 222(f)(5)(C).
``(D) The term `trial earnings threshold' for a month has
the meaning given the term in section 222(f)(5)(D).''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to benefits payable for months beginning after the date of the
enactment of this Act. | Encourage Initiative and Promote Self-Esteem Act of 2005 - Amends titles II (Old Age, Survivors, and Disability Insurance) and XVI (Supplemental Security Income) of the Social Security Act to establish special rules for disability benefits based on waxing and waning medical condition. | {"src": "billsum_train", "title": "To amend titles II and XVI of the Social Security Act to provide for equitable treatment of disability beneficiaries with waxing and waning medical conditions."} | 2,651 | 71 | 0.467905 | 1.190074 | 1.013374 | 3.117647 | 47.392157 | 0.843137 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Expatriate Terrorist Act''.
SEC. 2. LOSS OF NATIONALITY DUE TO SUPPORT OF TERRORISM.
Section 349(a) of the Immigration and Nationality Act (8 U.S.C.
1481(a)) is amended to read as follows:
``(a) In General.--A person who is a national of the United States,
whether by birth or by naturalization, shall lose his or her
nationality by voluntarily performing any of the following acts with
the intention of relinquishing United States nationality:
``(1) Obtaining naturalization in a foreign state upon his
or her own application or upon an application filed by a duly
authorized agent, after having attained 18 years of age.
``(2) Taking an oath or making an affirmation or other
formal declaration of allegiance to a foreign state, a
political subdivision thereof, or an organization designated as
a foreign terrorist organization under section 219, after
having attained 18 years of age.
``(3) Entering, or serving in, the armed forces of a
foreign state or an organization designated as a foreign
terrorist organization under section 219 if--
``(A) such armed forces are engaged in hostilities
against the United States; or
``(B) such person serves as a commissioned or
noncommissioned officer.
``(4) Accepting, serving in, or performing the duties of
any office, post, or employment under the government of a
foreign state, a political subdivision thereof, or an
organization designated as a foreign terrorist organization
under section 219 if, after having attained 18 years of age--
``(A) the person knowingly has or acquires the
nationality of such foreign state; or
``(B) an oath, affirmation, or declaration of
allegiance to the foreign state, a political
subdivision thereof, or a designated foreign terrorist
organization is required for such office, post, or
employment.
``(5) Making a formal renunciation of United States
nationality before a diplomatic or consular officer of the
United States in a foreign state, in such form as may be
prescribed by the Secretary of State.
``(6) Making in the United States a formal written
renunciation of nationality in such form as may be prescribed
by, and before such officer as may be designated by, the
Attorney General, while the United States is in a state of war
and the Attorney General approves such renunciation as not
contrary to the interests of national defense.
``(7)(A) Committing any act of treason against, or
attempting by force to overthrow, or bearing arms against, the
United States;
``(B) violating or conspiring to violate any provision of
section 2383 of title 18, United States Code;
``(C) willfully performing any act in violation of section
2385 of such title; or
``(D) violating section 2384 of such title by engaging in a
conspiracy to overthrow, put down, or to destroy by force the
Government of the United States, or to levy war against the
United States,
if such person is convicted of such crime by a court martial or
by a court of competent jurisdiction.
``(8) Knowingly providing material support or resources (as
described in section 2339A(b) of title 18, United States Code)
to any organization designated as a foreign terrorist
organization under section 219 if such person knows that such
organization is engaged in hostilities against the United
States.''.
SEC. 3. REVOCATION OR DENIAL OF PASSPORTS AND PASSPORT CARDS TO
INDIVIDUALS WHO ARE MEMBERS OF FOREIGN TERRORIST
ORGANIZATIONS.
The Act entitled ``An Act to regulate the issue and validity of
passports, and for other purposes'', approved July 3, 1926 (22 U.S.C.
211a et seq.), which is commonly known as the ``Passport Act of 1926'',
is amended by adding at the end the following:
``SEC. 4. AUTHORITY TO DENY OR REVOKE PASSPORT AND PASSPORT CARD.
``(a) Ineligibility.--
``(1) Issuance.--The Secretary of State may not issue a
passport or passport card to any individual whom the Secretary
has determined, by a preponderance of the evidence--
``(A) is serving in, or is attempting to serve in,
an organization designated by the Secretary as a
foreign terrorist organization pursuant to section 219
of the Immigration and Nationality Act (8 U.S.C. 1189);
and
``(B) is a threat to the national security interest
of the United States.
``(2) Revocation.--The Secretary of State shall revoke a
passport or passport card previously issued to any individual
described in paragraph (1).
``(b) Right of Review.--Any person who, in accordance with this
section, is denied issuance of a passport or passport card by the
Secretary of State, or whose passport or passport card is revoked or
otherwise restricted by the Secretary of State, may request a due
process hearing, under regulations prescribed by the Secretary, not
later than 60 days after receiving such notice of such nonissuance,
revocation, or restriction.
``(c) National Security Waiver.--Notwithstanding subsection (a),
the Secretary may--
``(1) issue a passport or passport card to an individual
described in subsection (a)(1); or
``(2) refuse to revoke a passport or passport card of an
individual described in subsection (a)(1),
if the Secretary finds that such issuance or refusal to revoke is in
the national security interest of the United States.''.
SEC. 4. CONFORMING AMENDMENT.
Section 351(b) of the Immigration and Nationality Act (8 U.S.C.
1483(b)) is amended by striking ``(3) and (5)'' and inserting ``(3),
(5), and (8)''. | Expatriate Terrorist Act This bill amends the Immigration and Nationality Act to include among the grounds for loss of U.S. nationality by a native-born or naturalized citizen: taking an oath or making a declaration of allegiance to a foreign terrorist organization after attaining the age of 18; entering, or serving in, a foreign terrorist organization; accepting, serving in, or performing the duties of any office, post, or employment under the government of a foreign state, a political subdivision, or a foreign terrorist organization after attaining the age of 18 if the person knowingly has or acquires the nationality of that foreign state, or if an oath, affirmation, or declaration of allegiance to the foreign state, political subdivision, or designated foreign terrorist organization is required for the office, post, or employment; and knowingly providing material support or resources to a foreign terrorist organization if the person knows that such organization is engaged in hostilities against the United States. The Passport Act of 1926 is amended to: prohibit the Department of State from issuing a passport or passport card to an individual who is serving in, or attempting to serve in, a foreign terrorist organization and is a threat to U.S. national security; and direct the State Department to revoke a passport or passport card previously issued to any such individual. A person who is denied issuance of a passport or passport card or whose passport or passport card is revoked or otherwise restricted may request a due process hearing not later than 60 days after receiving notice of the nonissuance, revocation, or restriction. The State Department may issue a passport or passport card to, or refuse to revoke a passport or passport card from, an individual if such issuance or refusal to revoke is in U.S. national security interests. | {"src": "billsum_train", "title": "Expatriate Terrorist Act"} | 1,380 | 409 | 0.697164 | 2.034663 | 0.85397 | 4.475073 | 3.554252 | 0.903226 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Central Rockies Land Exchange and
National Park System Enhancement Act of 2010''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to authorize, direct, expedite, and facilitate two land
exchanges in central Colorado and eastern Utah;
(2) to enhance the National Park System by National Park
Service acquisition of important lands in Colorado and Utah;
(3) to protect the open space and natural values of certain
lands conveyed out of Federal ownership through a permanent
conservation easement; and
(4) to provide for improved public access to certain lands
in Gunnison County, Colorado.
SEC. 3. DEFINITIONS.
In this Act:
(1) Bear ranch.--The term ``Bear Ranch'' means the Bear
Ranch, LLC, a Colorado Limited Liability Corporation.
(2) Darien ranch.--The term ``Darien Ranch'' means the
ranch operated by Larry and Dana Darien of 2880 County Road 3,
Marble, Colorado.
(3) Federal land.--The term ``Federal land'' means the land
or right-of-way to be conveyed by the United States in the land
exchanges under this Act.
(4) Non-federal land.--The term ``non-Federal land'' means
land to be conveyed to the United States in the land exchanges
under this Act.
(5) Secretary concerned.--The term ``Secretary concerned''
means the Secretary of the Interior or Secretary of
Agriculture, as appropriate.
SEC. 4. BEAR RANCH AND DEPARTMENT OF THE INTERIOR LAND EXCHANGE,
GUNNISON COUNTY, COLORADO, AND UINTAH COUNTY, UTAH.
(a) Land Exchange Required.--If the Bear Ranch offers to convey to
the Secretary of the Interior all right, title, and interest of the
Bear Ranch in and to the non-Federal parcels identified in subsection
(b) for inclusion in the National Park System--
(1) the Secretary of the Interior shall accept the offer;
and
(2) the Secretary of the Interior and Agriculture shall
simultaneously convey to the Bear Ranch all right, title, and
interest of the United States in and to approximately 1,846
acres of Federal land under the jurisdiction of the Bureau of
Land Management or the United States Forest Service, as
applicable, comprising separate land parcels, as generally
depicted and numbered on a map entitled ``Central Rockies Land
Exchange--Federal Parcels 1-6--Bear Ranch'' and dated February
2010.
(b) Non-Federal Land Described.--The non-Federal land to be
conveyed under this section consists of--
(1) approximately 911 acres of land within the Curecanti
National Recreation Area in Gunnison County, Colorado, and
generally depicted on the map entitled ``Central Rockies Land
Exchange--Non-Federal parcel--Sapinero Mesa'' and dated
February 2010; and
(2) approximately 80 acres of land within Dinosaur National
Monument in Uintah County, Utah, and generally depicted on a
map entitled ``Central Rockies Land Exchange--Non-Federal
parcel--Orchid Draw'' and dated February 2010.
(c) Land Title.--Title to the non-Federal land conveyed to the
Secretary of the Interior under this section shall be acceptable to the
Secretary and shall conform to the title approval standards of the
Attorney General of the United States applicable to land acquisitions
by the Federal Government.
SEC. 5. DARIEN RANCH AND FOREST SERVICE LAND EXCHANGE, GUNNISON COUNTY,
COLORADO.
(a) Land Exchange Required.--If the Darien Ranch offers to convey
all right, title, and interest of the Darien Ranch in and to the
approximately 0.42 acres of non-Federal land in Gunnison County,
Colorado, as generally depicted on the map entitled ``Central Rockies
Land Exchange--Non-Federal parcel--Lily Lake Trailhead'' and dated
February 2010, the Secretary of Agriculture shall--
(1) accept the offer; and
(2) upon receipt of the non-Federal land, simultaneously
convey to the Darien Ranch a permanent right-of-way no more
than 200 feet in width for a water intake on Rapid Creek and
water pipeline (and access to such water intake and pipeline)
generally running along an existing irrigation ditch from Rapid
Creek to private land on the route generally depicted on a map
entitled ``Central Rockies Land Exchange--Darien Ranch Right-
of-Way'' and dated February 2010.
(b) Land Title.--Title to the non-Federal land conveyed to the
Secretary of Agriculture under this section shall be acceptable to the
Secretary and shall conform to the title approval standards of the
Attorney General of the United States applicable to land acquisitions
by the Federal Government.
SEC. 6. EQUAL VALUE EXCHANGE AND APPRAISALS.
(a) Equal Value Exchange.--
(1) In general.--The values of the Federal and non-Federal
land in each separate land exchange under this Act shall be
equal. If the values are not equal in one or both of the land
exchanges, the values of the Federal and non-Federal land at
issue shall be equalized in the manner provided by this
subsection.
(2) Surplus of federal land value.--If the final appraised
value of the Federal land in a land exchange under this Act
exceeds the final appraised value of the non-Federal land in
that exchange, the non-Federal party in that exchange shall
make a cash equalization payment to the Secretary concerned as
necessary to achieve equal value, including, if necessary, an
amount in excess of that authorized pursuant to section 206(b)
of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1716(b)).
(3) Surplus of non-federal land value.--If the final
appraised value of the non-Federal land in a land exchange
under this Act exceeds the final appraised value of the Federal
land in that exchange--
(A) the United States shall not make a cash
equalization payment to the non-Federal party in that
exchange; and
(B) the surplus value of the non-Federal land shall
be considered a donation by the non-Federal party in
that exchange to the United States.
(b) Use of Cash Equalization Payment.--
(1) Department of the interior.--Any cash equalization
payment received by the Secretary of the Interior under
subsection (a) shall be deposited in the Federal Land Disposal
Account established pursuant to the Federal Land Transaction
Facilitation Act (43 U.S.C. 2301 et seq.) and shall be
available for use by the Bureau of Land Management, without
further appropriation, for the acquisition of lands or
interests in land from willing sellers in Gunnison County,
Colorado, or lands within the area managed by the Uncompahgre
Field Office of the Bureau of Land Management.
(2) Forest service.--Any cash equalization payment received
by the Secretary of Agriculture under subsection (a) shall be
deposited in the fund established by Public Law 90-171
(commonly known as the Sisk Act; 16 U.S.C. 484a).
(c) Appraisals.--
(1) Performance standards.--The values of the lands to be
exchanged shall be determined by the Secretary concerned
through concurrent appraisals performed in accordance with--
(A) the Uniform Appraisal Standards for Federal
Land Acquisitions;
(B) the Uniform Standards of Professional Appraisal
Practice (USPAP); and
(C) appraisal instructions issued by the Secretary
concerned.
(2) Appraiser selection.--The appraisals shall be performed
by an appraiser mutually agreed to by the Secretary concerned
and the Bear Ranch or Darien Ranch, as applicable.
(3) Availability to public.--After reviewing and approving
the appraisals, but before consummating an exchange, the
Secretary concerned shall make a summary of the appraisals
available for public review.
(4) Appraisal exclusion.--The appraisal of the Federal land
parcels under this Act shall not reflect any diminution in
value due to the conservation easement requirements of section
7(a), which conservation easement shall be considered a
donation for all purposes of law.
(5) Appraisal of parcel.--If the Secretary of the Interior
and Secretary of Agriculture determine it appropriate, the
Secretary of the Interior may determine the value of Federal
Parcel 6--Bear Ranch, as identified on the map referenced in
subsection 4(a).
SEC. 7. MISCELLANEOUS PROVISIONS.
(a) Conservation Easements.--As a condition of the land exchange
under section 4, and before consummating the exchange, the Bear Ranch
shall deliver to the Secretary an executed document granting a
permanent conservation easement on Federal Parcels 1-5, Bear Ranch, as
identified on the map referenced in section 4(a) to a qualified unit of
government or organization as specified in section 170(h) of the
Internal Revenue Code of 1986. The conservation easement shall limit
future use of the Federal land parcels to agricultural, recreational,
open space, and wildlife conservation purposes.
(b) Withdrawal Provisions.--
(1) Withdrawal.--Without further action by the Secretary
concerned, lands acquired by the United States under this Act
shall be permanently withdrawn from all forms of appropriation
and disposal under the public land laws (including the mining
and mineral leasing laws) and the Geothermal Steam Act of 1930
(30 U.S.C. 1001 et seq.).
(2) Withdrawal revocation.--Any public land order that
withdraws the Federal lands from appropriation or disposal
under a public land law shall be revoked to the extent
necessary to permit disposal of the Federal land parcels in the
exchanges under this Act.
(3) Withdrawal of federal land.--All Federal land to be
exchanged under this Act, if not already withdrawn or
segregated from appropriation or disposal under the public land
laws upon enactment of this Act, is hereby so withdrawn,
subject to valid existing rights, until--
(A) the date of conveyance of the Federal land to
the Bear Ranch or Darien Ranch, as applicable; or
(B) such time as the Secretary concerned and the
non-Federal party may determine not to proceed with the
exchange concerned.
(c) Postexchange Land Management.--
(1) Department of the interior.--Land acquired by the
Secretary of the Interior under section 4 shall become part of
the Curecanti National Recreation Area or Dinosaur National
Monument, as applicable, and shall be managed by the National
Park Service in accordance with the laws, rules, and
regulations applicable to the unit.
(2) Forest service.--Land acquired by the Secretary of
Agriculture under section 5 shall become part of the unit of
the National Forest System within which the land is located and
shall be administered in accordance with the laws, rules, and
regulations applicable to the National Forest System. For
purposes of section 7 of the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 460l-9), the boundaries of the unit of
the National Forest System in which the land is located shall
be deemed to be the boundaries of that unit as of January 1,
1965.
(d) Bear Ranch Area Access.--
(1) Travel management plan.--Not later than 3 years after
consummating the land exchange under section 4, the Secretary
concerned shall prepare and implement a travel management plan
in consultation with Gunnison County, Colorado, for the design,
construction, improvement, replacement, or other siting of
roads, trails, and trailheads in the area shown as the
``Planning Area'' on the map entitled ``Central Rockies Land
Exchange--Anthracite-Spring Creek Travel Planning Area'' and
dated February 2010. Such plan--
(A) may incorporate any travel management plans, or
applicable provisions thereof, that cover the Travel
Planning Area and may have already been completed by
the Secretary concerned;
(B) may, at the discretion of the Secretary
concerned, update any existing plans to provide for any
enhanced public access, roads, trails, and trailheads
as may be enabled by the funding under paragraph (3);
and
(C) shall determine, in consultation with Gunnison
County, whether the reservation of paragraph (2)(B)
should be terminated because adequate or preferable
replacement access is to be provided under this
paragraph.
(2) Interim access.--The conveyance of Federal parcel 1 to
the Bear Ranch pursuant to section 4 shall be subject to--
(A) the existing right-of-way for Gunnison County
Road 2 as shown on the map depicted in paragraph (1);
and
(B) a reservation of nonmotorized public access
from County Road 2 to the Deep Creek area as shown on
the map referenced in paragraph (1).
(3) Access funding.--
(A) In general.--Before the consummation of the
land exchange under section 4, the Bear Ranch shall
deposit with the Secretary of the Interior the sum of
$50,000, which may be used by the Secretary of the
Interior and the Secretary of Agriculture, as they
jointly determine appropriate, without further
appropriation, for road, trail, and trailhead work and
purposes specified in paragraph (1).
(B) Effect of plan.--If the plan under paragraph
(1) determines that the paragraph (2)(B) reservation
should be terminated, the Bear Ranch shall pay to the
Secretary of the Interior an additional sum of
$200,000, which may be utilized by the Secretary of the
Interior and the Secretary of Agriculture, as they
jointly determine appropriate, without further
appropriation, for paragraph (1) road, trail, and
trailhead work and purposes. Upon completion of such
work, the paragraph (2)(B) reservation shall be
terminated.
(e) Exchange Timetable.--It is the intent of Congress that the land
exchanges directed by this Act be consummated not later than 1 year
after the date of the enactment of this Act.
(f) Maps, Estimates, and Descriptions.--
(1) Minor errors.--The Secretary concerned and the Bear
Ranch or Darien Ranch may by mutual agreement make minor
boundary adjustments to any land parcel or the right-of-way
involved in the exchange concerned, and may correct any minor
errors in any map, acreage estimate, or description of any land
or right-of-way to be exchanged.
(2) Conflict.--If there is a conflict between a map, an
acreage estimate, or a description of any land or right-of-way
under this Act, the map shall control unless the Secretary
concerned and the Bear Ranch or Darien Ranch mutually agree
otherwise.
(3) Availability.--The Secretary concerned shall file and
make available for public inspection in the appropriate field
offices of the Bureau of Land Management, the Curecanti
National Recreation Area, Dinosaur National Monument, and White
River and Gunnison National Forests a copy of the pertinent
maps referred to in this Act. | Central Rockies Land Exchange and National Park System Enhancement Act of 2010 - Requires the Secretary of the Interior (Secretary), if the Bear Ranch, LLC, offers to convey all interest in specified non-federal parcels of land within the Curecanti National Recreation Area in Gunnison County, Colorado, and Dinosaur National Monument in Uintah County, Utah, for inclusion in the National Park System, to accept the offer and the Secretary and the Secretary of Agriculture (USDA) to convey to the Ranch all interest of the United States in specified federal land under the jurisdiction of the Bureau of Land Management (BLM) or the United States Forest Service.
Requires the USDA Secretary, if the Darien Ranch offers to convey all interest in certain non-federal land in Gunnison County, to accept the offer, and upon receipt of such land, to convey to the Ranch a permanent right-of-way of no more than 200 feet in width for a water intake on Rapid Creek and water pipeline (and access to such intake and pipeline) running along an existing irrigation ditch from the Creek to private land.
Requires the values of the federal and non-federal lands in each separate land exchange to be equal and to be determined by appraisals performed in accordance with this Act.
Requires lands acquired by the Secretary and the USDA Secretary, respectively, to become part of: (1) the Curecanti National Recreation Area or Dinosaur National Monument; and (2) the unit of the National Forest System in which the land is located.
Requires implementation of a travel management plan for the design, construction, improvement, replacement, or other siting of roads, trails, and trailheads in the Anthracite-Spring Creek Travel Planning Area. | {"src": "billsum_train", "title": "A bill to provide for certain land exchanges in Gunnison County, Colorado, and Uintah County, Utah."} | 3,366 | 393 | 0.705726 | 2.29626 | 0.887992 | 5.207831 | 8.96988 | 0.966867 |
SECTION. 1. LAW ENFORCEMENT AUTHORITY AT BUREAU OF RECLAMATION
FACILITIES.
(a) Public Safety Regulations.--The Secretary of the Interior shall
issue regulations necessary to maintain law and order and protect
persons and property within Reclamation projects and on Reclamation
lands.
(b) Violations; Criminal Penalties.--Any person who knowingly and
willfully violates any regulation issued under subsection (a) shall be
fined under chapter 227, subchapter C of title 18, United States Code,
imprisoned for not more than 6 months, or both. Any person charged with
a violation of a regulation issued under subsection (a) may be tried
and sentenced by any United States magistrate judge designated for that
purpose by the court by which he was appointed, in the same manner and
subject to the same conditions and limitations as provided for in
section 3401 of title 18, United States Code.
(c) Authorization of Law Enforcement Officers.--The Secretary of
the Interior may--
(1) authorize law enforcement personnel from the Department of
the Interior to act as law enforcement officers to enforce Federal
laws and regulations within a Reclamation project or on Reclamation
lands;
(2) authorize law enforcement personnel of any other Federal
agency that has law enforcement authority (with the exception of
the Department of Defense) or law enforcement personnel of any
State or local government, including an Indian tribe, when deemed
economical and in the public interest, through cooperative
agreement or contract, to act as law enforcement officers to
enforce Federal laws and regulations within a Reclamation project
or on Reclamation lands with such enforcement powers as may be so
assigned to them by the Secretary;
(3) cooperate with any State or local government, including an
Indian tribe, in the enforcement of the laws or ordinances of that
State or local government; and
(4) provide reimbursement to a State or local government,
including an Indian tribe, for expenditures incurred in connection
with activities under paragraph (2).
(d) Powers of Law Enforcement Officers.--A law enforcement officer
authorized by the Secretary of the Interior under subsection (c) may--
(1) carry firearms within a Reclamation project or on
Reclamation lands;
(2) make arrests without warrants for--
(A) any offense against the United States committed in his
presence; or
(B) any felony cognizable under the laws of the United
States if he has--
(i) reasonable grounds to believe that the person to be
arrested has committed or is committing such a felony; and
(ii) such arrest occurs within a Reclamation project or
on Reclamation lands or the person to be arrested is
fleeing therefrom to avoid arrest;
(3) execute within a Reclamation project or on Reclamation
lands any warrant or other process issued by a court or officer of
competent jurisdiction for the enforcement of the provisions of any
Federal law or regulation issued pursuant to law for any offense
committed within a Reclamation project or on Reclamation lands; and
(4) conduct investigations within a Reclamation project or on
Reclamation lands of offenses against the United States committed
within a Reclamation project or on Reclamation lands if the Federal
law enforcement agency having investigative jurisdiction over the
offense committed declines to investigate the offense.
(e) Legal Status of State or Local Law Enforcement Officers.--
(1) State or local officers not federal employees.--Except as
otherwise provided in this section, a law enforcement officer of
any State or local government, including an Indian tribe,
authorized to act as a law enforcement officer under subsection (c)
shall not be deemed to be a Federal employee and shall not be
subject to the provisions of law relating to Federal employment,
including those relating to hours of work, rates of compensation,
employment discrimination, leave, unemployment compensation, and
Federal benefits.
(2) Application of federal tort claims act.--For purposes of
chapter 171 of title 28, United States Code (commonly known as the
Federal Tort Claims Act), a law enforcement officer of any State or
local government, including an Indian tribe, shall, when acting as
a law enforcement officer under subsection (c) and while under
Federal supervision and control, and only when carrying out Federal
law enforcement responsibilities, be considered a Federal employee.
(3) Availability of workers compensation.--For purposes of
subchapter I of chapter 81 of title 5, United States Code, relating
to compensation to Federal employees for work injuries, a law
enforcement officer of any State or local government, including an
Indian tribe, shall, when acting as a law enforcement officer under
subsection (c) and while under Federal supervision and control, and
only when carrying out Federal law enforcement responsibilities, be
deemed a civil service employee of the United States within the
meaning of the term employee as defined in section 8101 of title 5,
and the provisions of that subchapter shall apply. Benefits under
such subchapter shall be reduced by the amount of any entitlement
to State or local workers compensation benefits arising out of the
same injury or death.
(f) Concurrent Jurisdiction.--Nothing in this section shall be
construed or applied to limit or restrict the investigative
jurisdiction of any Federal law enforcement agency, or to affect any
existing right of a State or local government, including an Indian
tribe, to exercise civil and criminal jurisdiction within a Reclamation
project or on Reclamation lands.
(g) Regulations.--Except for the authority provided in section
2(c)(1), the law enforcement authorities provided for in this section
may be exercised only pursuant to regulations issued by the Secretary
of the Interior and approved by the Attorney General.
SEC. 2. DEFINITIONS.
In this Act:
(1) Law enforcement personnel.--The term ``law enforcement
personnel'' means an employee of a Federal, State, or local
government agency, including an Indian tribal agency, who has
successfully completed law enforcement training approved by the
Secretary and is authorized to carry firearms, make arrests, and
execute service of process to enforce criminal laws of his or her
employing jurisdiction.
(2) Reclamation project; reclamation lands.--The terms
``Reclamation project'' and ``Reclamation lands'' have the meaning
given such terms in section 2803 of the Reclamation Projects
Authorization and Adjustment Act of 1992 (16 U.S.C. 460l-32).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Directs the Secretary of the Interior to issue regulations necessary to maintain law and order and protect persons and property within reclamation projects and on reclamation lands. Prescribes criminal penalties for knowingly and willfully violating such regulations and provides that any person charged with a violation may be tried and sentenced by any U.S. magistrate judge.Authorizes the Secretary of the Interior to: (1) authorize law enforcement personnel of the Department of the Interior, or of any other Federal agency that has law enforcement authority (except the Department of Defense) or of any State or local government, including an Indian tribe, when deemed economical and in the public interest, to enforce Federal laws and regulations on such lands; (2) cooperate with any State or local government in the enforcement of its laws or ordinances; and (3) provide reimbursement to a State or local government for expenditures incurred in enforcing Federal laws and regulations on such lands.Allows such law enforcement officers to carry firearms, make certain arrests without warrants, execute any warrant or other process issued by a court or officer for the enforcement of the provisions of any Federal law or regulation, and conduct investigations on such lands.Provides that State and local officers authorized to act as Federal law enforcement officers under this Act shall not be deemed to be Federal employees, except for purposes of the Federal Tort Claims Act and civil service workers compensation provisions. | {"src": "billsum_train", "title": "To amend the Reclamation Recreation Management Act of 1992 in order to provide for the security of dams, facilities, and resources under the jurisdiction of the Bureau of Reclamation."} | 1,414 | 299 | 0.673966 | 1.855231 | 0.92718 | 4.596958 | 4.897338 | 0.946768 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Mathematics and Science
Teacher Quality Act''.
SEC. 2. PARTNERSHIPS FOR MATHEMATICS AND SCIENCE TEACHER QUALITY
IMPROVEMENT.
(a) Subpart Heading.--The heading for part B of title II of the
Elementary and Secondary Education Act of 1965 is amended to read as
follows:
``Part B--Partnerships for Mathematics and Science Teacher Quality
Improvement''.
(b) Purpose; Definitions.--
(1) Purpose.--Subsection (a) of section 2201 such Act (20
U.S.C. 2201(a)) is amended--
(A) in the matter preceding paragraph (1), by
inserting ``businesses, informal science education
centers,'' after ``higher education,'';
(B) in paragraph (3), by inserting ``and informal
science education centers'' after ``higher education'';
(C) at the end of paragraph (4), by striking
``and'';
(D) at the end of paragraph (5), by striking the
period and inserting ``; and''; and
(E) by adding at the end the following:
``(6) replicate and apply the effectiveness of model
mathematics and science professional development programs on a
broader level.''.
(2) Definitions.--Subsection (b) of such section is
amended--
(A) in paragraph (1)(A)--
(i) in clause (ii), by striking ``and'' at
the end;
(ii) by striking clause (i) and
redesignating clause (ii) as clause (i);
(iii) by inserting after clause (i) (as so
redesignated) the following:
``(ii) a teacher training department of an
institution of higher education; and''.
(B) in paragraph (1)(B)(i), by striking ``science,
or teacher training'' and inserting ``or science'';
(C) in paragraph (1)(B)(iii), before the semicolon
insert ``or a consortium of businesses'';
(D) in paragraph (1)(B)(iv), after ``organization''
insert ``, including an informal science education
center,''; and
(E) by adding at the end the following:
``(3) Mathematics and science teacher.--The term
`mathematics and science teacher' means a mathematics, science,
or technology teacher at the elementary school or secondary
school level.
``(4) Science.--The term `science', in the context of
elementary and secondary education, includes technology and
pre-engineering.''.
SEC. 3. GRANTS FOR PARTNERSHIPS FOR MATHEMATICS AND SCIENCE TEACHER
QUALITY IMPROVEMENT.
(a) Section Heading.--The section heading for section 2202 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6662) is
amended to read as follows:
``SEC. 2202 GRANTS FOR PARTNERSHIPS FOR MATHEMATICS AND SCIENCE TEACHER
QUALITY IMPROVEMENT.''.
(b) Grants.--Subsection (a) of such section is amended--
(1) by striking paragraph (1) and redesignating paragraphs
(2), (3), and (4) as paragraphs (1), (2), and (3),
respectively; and
(2) in paragraph (1) (as so redesignated)--
(A) by amending subparagraph (A) to read as
follows:
``(A) In general.--The Secretary is authorized to
award grants to State educational agencies to enable
such agencies to award subgrants, on a competitive
basis, to eligible partnerships to carry out the
authorized activities described in subsection (d).'';
and
(B) by striking ``subparagraph (A)(i)'' in
subparagraph (B) and inserting ``subsection (f)(3)''.
(c) Application Requirements.--Subsection (b) of such section is
amended--
(1) by amending paragraph (1) to read as follows:
``(1) In general.--Each eligible partnership desiring a
subgrant under this part shall submit an application to the
State educational agency, at such time, in such manner, and
accompanied by such information as the State educational agency
may require.'';
(2) by amending paragraph (2)(C) to read as follows:
``(C) a description of how the activities to be
carried out by the eligible partnership will be based
on a review of scientifically based research or modeled
after programs identified by the Secretary, in
consultation with the Director of the National Science
Foundation, to be replicated on a more expansive basis,
and an explanation of how the activities are expected
to improve student academic achievement and strengthen
the quality of mathematics and science instruction;'';
and
(3) in paragraph (2)(D)--
(A) by striking ``subsection (c)'' in clause (i)
and inserting ``subsection (d)''; and
(B) by striking ``subsection (e)'' in clause (ii)
and inserting ``subsection (f)''.
(d) Priority.--Such section 2202 is amended by redesignating
subsections (c), (d), (e), and (f) as subsections (d), (e), (f), and
(g), respectively, and by inserting after subsection (b) the following
new subsection:
``(c) Priority.--In awarding grants under this part, a State
educational agency shall give priority to eligible partnerships that
carry out activities modeled after programs identified by the
Secretary, in consultation and coordination with the Director of the
National Science Foundation, to be replicated on a more expansive
basis.''.
(e) Authorized Activities.--Subsection (d) of such section (as so
redesignated) is amended--
(1) by inserting before the period at the end of paragraph
(1) the following: ``, including activities to replicate model
math and science professional development programs'';
(2) by striking paragraphs (4), (5), and (10) and
redesignating paragraphs (6), (7), (8), and (9) as paragraphs
(4), (5), (6), and (7), respectively; and
(3) in paragraph (5) (as so redesignated), by inserting ``,
such as an exemplary teacher (as defined in section 9109) or a
building leader'' after ``teacher''.
(f) National Science Foundation.--Subsection (e)(2) of such section
(as so redesignated) is amended to read as follows:
``(2) National science foundation.--In carrying out the
activities authorized by this part, the Secretary shall--
``(A) consult and coordinate with the Director of
the National Science Foundation, particularly with
respect to the appropriate roles for the Department and
the Foundation in the conduct of summer workshops,
institutes, or partnerships to improve mathematics and
science teaching in elementary schools and secondary
schools;
``(B) collaborate with the Director of the National
Science Foundation to make widely available, including
through dissemination on the Internet and to all State
educational agencies and other recipients of funds
under this part, information on model programs
identified by the Director of the National Science
Foundation to be replicated on a more expansive basis;
and
``(C) in collaboration with the Director of the
National Science Foundation, hold an annual summit with
partnership grantees from this part and from the
National Science Foundation's Mathematics and Science
Partnership program to review the progress and results
of awarded grants.''.
(g) Evaluation and Accountability Plan.--Subsection (f) of such
section (as so redesignated) is amended--
(1) in paragraph (1), by striking ``an evaluation'' and
inserting ``a scientifically valid and rigorous evaluation'';
and
(2) by adding at the end the following:
``(3) Training and technical assistance.--The Secretary
shall reserve one-half of one percent of the funding authorized
under this part to provide training and technical assistance to
eligible partnerships in conducting a scientifically valid and
rigorous evaluation to measure the impact of activities funded
under this part.''.
(h) Report.--Subsection (g) of such section (as so redesignated) is
amended--
(1) by striking ``subsection (e)'' and inserting
``subsection (f)''; and
(2) by adding at the end the following: ``The Secretary
shall place this report on the Department's Web site.''.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
(a) Grants to States, Local Educational Agencies, and Eligible
Partnerships.--Subsection (a) of section 2103 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6603) is amended to read as
follows:
``SEC. 2103. AUTHORIZATION OF APPROPRIATIONS.
``(a) Grants to States, Local Educational Agencies, and Eligible
Partnerships.--
``(1) In general.--There are authorized to be appropriated
to carry out this part (other than subpart 5) and part B such
sums as may be necessary for fiscal year 2008 and for each of
the 5 succeeding fiscal years.
``(2) Reservation.--From the funds appropriated under
paragraph (1), the Secretary shall reserve not less than 15 nor
more than 20 percent to carry out part B.''.
(b) National Programs.--Subsection (b) of such section is amended
by striking ``2002'' and inserting ``2008''.
(c) Conforming Amendment.--Section 2203 of such Act is repealed. | Improving Mathematics and Science Teacher Quality Act - Amends part B of title II of the Elementary and Secondary Education Act of 1965 (ESEA) to authorize the inclusion of informal science education centers and business consortia as partners in the grant program to improve the quality of elementary and secondary school mathematics and science teachers. Requires the inclusion of teacher training departments of institutions of higher education in such partnerships, but removes state educational agencies as partnership participants.
Authorizes the Secretary of Education to award such grants to states for redistribution as competitive subgrants to eligible partnerships. (Currently, the Secretary awards grants directly to such partnerships if appropriations do not exceed a specified amount.)
Requires that grant priority be given to eligible partnerships that carry out activities modeled after programs which are to be identified and disseminated by the Secretary, in consultation and coordination with the Director of the National Science Foundation, for replication on a more expansive basis.
Removes the provision of financial incentives to recruit and retain teachers from authorized grant uses.
Reauthorizes appropriations for the programs under parts A and B of title II of the ESEA through FY2013. | {"src": "billsum_train", "title": "To amend provisions of the Elementary and Secondary Education Act of 1965 relating to mathematics and science instruction."} | 2,184 | 249 | 0.567838 | 1.488802 | 0.825126 | 2.559242 | 9.412322 | 0.78673 |
SECTION 1. SHORT TITLE.
This Act may be cited at as the ``International Fund for Israeli-
Palestinian Peace Authorization Act of 2009''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) The persistence of decades-old violence, conflict, and
instability in the Middle East gravely affects the national
security of the United States and peace and stability
throughout the world.
(2) The ongoing Israeli-Palestinian and broader Arab-
Israeli conflicts strengthen extremists and opponents of peace
throughout the region.
(3) The establishment of peace between Israelis and
Palestinians, Muslims, Christians, and Jews, in the Middle East
is in the vital interests of the United States, Israelis,
Palestinians, the region, and the world.
(4) While the United States and its international allies
continue to support diplomatic and political negotiations
between the national government representatives of the parties
to the conflict, such efforts require broad popular support
among the Israeli, Palestinian, Muslim, Christian, and Jewish
peoples in order to succeed. Indeed, political agreements may
never arrive or endure without substantial public support.
(5) Through many independent nongovernmental activities,
tens of thousands of Israelis and Palestinians, and Muslims,
Christians, and Jews, already work together to build better
relations between peoples, through people-to-people coexistence
and reconciliation activities and other cooperative efforts.
(6) Such civil society initiatives promote contact,
cooperation, dialogue, shared community building, peaceful
coexistence, joint economic development, and reconciliation
between Israelis and Palestinians, and Muslims, Christians, and
Jews, in the Middle East and thereby constitute a key means for
building grassroots support for a peaceful resolution to the
conflict.
(7) By working together, building positive relationships,
learning about each other, and interacting regularly in their
daily lives, participants in such activities come to recognize
the human face of people across conflict lines, understand that
people of good will seek peaceful coexistence, and support
efforts to marginalize extremists and build peace. The impact
of these programs spreads from participants to their families
and communities.
(8) These tangible initiatives also provide much-needed
services to individuals and communities in their everyday
lives, helping Israelis and Palestinians, and Muslims,
Christians, and Jews, in the region work, learn, and play
together; solve shared problems; and build socially and
economically stronger societies. These efforts extend into
every sphere of everyday life, promoting cooperation in
business, education, healthcare, community building, sports,
the environment, and the arts.
(9) While such efforts have demonstrated inspiring success
and touched tens of thousands of people, severely limited
funding has heretofore prevented them from reaching millions of
Israelis, Palestinians, Muslims, Christians, and Jews and thus
having a truly widespread impact on popular support for peace.
(10) Majorities of Israelis and Palestinians privately
indicate their support for peace and a final settlement of the
conflict, but extensive, direct grassroots efforts are needed
to mobilize these silent majorities into active and vocal
constituents for peace.
(11) Dramatically increased funding, coordination, and
support for people-to-people coexistence, reconciliation, and
joint economic initiatives can engage millions of ordinary
citizens affected by this conflict in building support for
peace.
(12) Working together, the United States, nations around
the world, and the private sector can catalyze widespread
support for peace with the establishment and funding of an
independent International Fund for Israeli-Palestinian Peace,
to promote contact, cooperation, dialogue, shared community
building, peaceful coexistence, joint economic development, and
reconciliation between Israelis and Palestinians, and Muslims,
Christians and Jews, in the Middle East.
(13) Such a Fund will be an expert coordinating body,
adhering to best practices for governance, transparency, and
accountability. It will ensure that the United States and the
international community stand fully behind the brave Israelis
and Palestinians and Muslims, Christians, and Jews willing to
work together for peace and a better future. It will be an
ongoing presence and catalyst, building broad public support
for a lasting peace in the region. The Fund is not intended to
be a political forum, but a grant-making body.
(b) Purposes.--Therefore, the purposes of this Act are as follows:
(1) To urge the President to make every effort, in
conjunction with the Government of Israel, the Palestinian
Authority, and the international community to establish a non-
political International Fund for Israeli-Palestinian Peace to
promote and support contact, cooperation, dialogue, shared
community building, peaceful coexistence, joint economic
development, and reconciliation between Israelis and
Palestinians, and Muslims, Christians, and Jews.
(2) To provide for United States contributions to consist
of Economic Support Fund assistance for payment to the
International Fund for Israeli-Palestinian Peace to carry out
the activities described in paragraph (1).
SEC. 3. ESTABLISHMENT OF INTERNATIONAL FUND.
Congress urges the President to make every effort, in conjunction
with the Government of Israel, the Palestinian Authority, and the
international community, to establish an International Fund for
Israeli-Palestinian Peace (in this Act referred to as the
``International Fund'') to carry out the purposes described in section
2(b).
SEC. 4. UNITED STATES CONTRIBUTIONS TO THE INTERNATIONAL FUND.
(a) Fiscal Year 2010.--Of the amounts made available for the fiscal
year 2010 to carry out chapter 4 of part II of the Foreign Assistance
Act of 1961 (22 U.S.C. 2346 et seq. (relating to the Economic Support
Fund)), $50,000,000 is authorized to be appropriated for United States
contributions to the International Fund. Pending the formal
establishment of the International Fund, such amounts may, pursuant to
an agreement with the Government of Israel, the Palestinian Authority,
or other nations be disbursed into and maintained in a separate
account.
(b) Fiscal Years 2011, 2012, 2013, and 2014.--Of the amounts made
available for each of the fiscal years 2011, 2012, 2013, and 2014 to
carry out chapter 4 of part II of the Foreign Assistance Act of 1961,
50,000,000 is authorized to be appropriated for United States
contributions to the International Fund.
(c) Additional Authorities.--Amounts appropriated pursuant to the
authorization of appropriations under subsections (a) and (b)--
(1) are in addition to amounts otherwise authorized to be
appropriated for such purposes;
(2) are authorized to remain available until expended; and
(3) may be provided notwithstanding any other provision of
law.
SEC. 5. CONDITIONS AND UNDERSTANDINGS RELATING TO UNITED STATES
CONTRIBUTIONS.
(a) Promoting People-to-People Coexistence, Reconciliation, and
Joint Economic Efforts.--The United States contributions provided for
in this Act may be used only to support and promote the purposes
described in section 2(b).
(b) Additional Requirements.--The restrictions contained in section
531(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2346a) apply
with respect to United States contributions provided for in this Act.
(c) United States Representation on the Board of the Fund.--The
President shall make every effort to ensure that there is United States
representation on the Board of the International Fund.
SEC. 6. ANNUAL REPORTS.
At the end of each fiscal year in which the United States
Government makes any contribution to the International Fund, the
President shall transmit to the Congress a report on the degree to
which the International Fund, and the United States contribution to it,
have contributed to promoting contact, cooperation, dialogue, shared
community building, peaceful coexistence, joint economic development,
and reconciliation between Israelis and Palestinians, and Muslims,
Christians, and Jews, in the Middle East. | International Fund for Israeli-Palestinian Peace Authorization Act of 2009 - Urges the President to establish an International Fund for Israeli-Palestinian Peace to support cooperation, peaceful coexistence, joint economic development, and reconciliation between Israelis and Palestinians, and Muslims, Christians, and Jews.
Authorizes specified Economic Support Fund assistance through FY2014 for the International Fund. | {"src": "billsum_train", "title": "To seek the establishment of and contributions to an International Fund for Israeli-Palestinian Peace, and for other purposes."} | 1,680 | 80 | 0.509473 | 1.348291 | 1.098409 | 5.2 | 24.723077 | 0.953846 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``One Percent Spending Reduction Act
of 2016''.
SEC. 2. CONGRESSIONAL FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) The fiscal crisis faced by the Federal Government
demands immediate action.
(2) The dramatic growth in spending and debt in recent
years threatens the economic and national security of the
United States:
(A) Federal spending has grown from 18 percent of
gross domestic product in 2001 to nearly 21 percent of
gross domestic product in 2015.
(B) Total Federal debt exceeds $19,000,000,000,000
and is projected to increase each year over the next 10
years.
(C) Without action, the Federal Government will
continue to run massive deficits in the next decade and
total Federal debt will rise to $29,000,000,000,000 by
2026.
(D) Interest payments on this debt will soon rise
to the point where balancing the budget as a matter of
policy is beyond the reach of Congress.
(3) Absent reform, the growth of Social Security, Medicare,
Medicaid, and other health-related spending will overwhelm all
other Federal programs and consume all projected tax revenues.
(b) Purpose.--The purpose of this Act is to address the fiscal
crisis by--
(1) acting quickly to balance the Federal budget and
eliminate the parade of deficits and ballooning interest
payments;
(2) achieving balance by reducing spending 1 percent per
year until spending equals projected long-term revenues; and
(3) reforming entitlement programs to ensure long-term
fiscal stability and balance.
SEC. 3. ESTABLISHMENT AND ENFORCEMENT OF SPENDING CAPS.
(a) Outlay Caps.--The Balanced Budget and Emergency Deficit Control
Act of 1985 (2 U.S.C. 900 et seq.) is amended by inserting after
section 253 the following:
``SEC. 253A. ESTABLISHING OUTLAY CAPS.
``(a) Outlay Caps.--In this section, the term `outlay cap' means:
``(1) Fiscal year 2017.--For fiscal year 2017, total
outlays (less net interest payments) shall be not more than
$3,645,000,000,000, less 1 percent.
``(2) Fiscal year 2018.--For fiscal year 2018, total
outlays (less net interest payments) shall be not more than the
amount computed under paragraph (1), less 1 percent.
``(3) Fiscal year 2019.--For fiscal year 2019, total
outlays (less net interest payments) shall be not more than the
amount computed under paragraph (2), less 1 percent.
``(4) Fiscal year 2020.--For fiscal year 2020, total
outlays (less net interest payments) shall be not more than the
amount computed under paragraph (3), less 1 percent.
``(5) Fiscal year 2021.--For fiscal year 2021, total
outlays (less net interest payments) shall be not more than the
amount computed under paragraph (4), less 1 percent.
``(6) Fiscal year 2022 and subsequent fiscal years.--
``(A) In general.--For fiscal year 2022 and each
fiscal year thereafter, total outlays shall be not more
than 18 percent of the gross domestic product for that
fiscal year, as estimated by the Office of Management
and Budget prior to March of the previous fiscal year.
``(B) Limitation.--Notwithstanding subparagraph
(A), for any fiscal year beginning with fiscal year
2023, total projected outlays may not be less than
total projected outlays for the preceding fiscal year.
``(b) Sequestration.--
``(1) In general.--
``(A) Excess spending.--Not later than 45 calendar
days after the beginning of a fiscal year, the Office
of Management and Budget shall prepare and the
President shall order a sequestration to eliminate any
excess outlay amount.
``(B) Definitions.--
``(i) Fiscal years 2017 through 2021.--For
each of fiscal years 2017 through 2021 and for
purposes of this subsection, the term `excess
outlay amount' means the amount by which total
projected Federal outlays (less net interest
payments) for a fiscal year exceeds the outlay
cap for that fiscal year.
``(ii) Fiscal year 2022 and subsequent
fiscal years.--For fiscal year 2022 and each
fiscal year thereafter and for purposes of this
subsection, the term `excess outlay amount'
means the amount by which total projected
Federal outlays for a fiscal year exceeds the
outlay cap for that fiscal year.
``(2) Sequestration.--
``(A) CBO preview report.--On August 15 of each
year, the Congressional Budget Office shall issue a
sequestration preview report as described in section
254(c)(4).
``(B) OMB preview report.--On August 20 of each
year, the Office of Management and Budget shall issue a
sequestration preview report as described in section
254(c)(4).
``(C) Final report.--On October 31 of each year,
the Office of Management and Budget shall issue a final
sequestration report as described in section 254(f)(3),
which shall be accompanied by a Presidential order
detailing uniform spending reductions equal to the
excess outlay amount.
``(D) Process.--The reductions shall generally
follow the process set forth in sections 253 and 254,
except as provided in this section.
``(3) Congressional action.--If the August 20 report by the
Office of Management and Budget projects a sequestration, the
Committee on the Budget of the Senate and the Committee on the
Budget of the House of Representatives may report a resolution
directing committees of their House to change the existing law
to achieve the spending reductions outlined in the August 20
report necessary to meet the outlay limits.
``(c) No Exempt Programs.--Section 255 and section 256 shall not
apply to this section or any sequestration order issued under this
section, except that payments for net interest (budget function 900)
shall be exempt from the spending reductions under sequestration.
``(d) Look Back.--If, after November 14, a bill resulting in
outlays for the fiscal year in progress is enacted that causes excess
outlays, the excess outlay amount for the next fiscal year shall be
increased by the amount or amounts of that breach.''.
(b) Conforming Amendments to BBEDCA.--
(1) Sequestration preview reports.--Section 254(c)(4) of
the Balanced Budget and Emergency Deficit Control Act of 1985
(2 U.S.C. 904(c)(4)) is amended to read as follows:
``(4) Outlay cap sequestration reports.--The preview
reports shall set forth for the budget year estimates for the
following:
``(A)(i) For each of budget years 2017 through
2021, total projected outlays (less net interest
payments), less one percent.
``(ii) For budget year 2022 and each subsequent
budget year, the estimated gross domestic product for
that budget year.
``(B) The amount of reductions required under
section 253A.
``(C) The sequestration percentage necessary to
achieve the required reduction under section 253A.''.
(2) Final sequestration reports.--Section 254(f)(3) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 904(f)(3)) is amended to read as follows:
``(3) Outlay caps sequestration reports.--The final reports
shall contain all the information required in the outlay cap
sequestration preview reports. In addition, these reports shall
contain, for the budget year, for each account to be
sequestered, estimates of the baseline level of sequestrable
budgetary resources and resulting outlays and the amount of
budgetary sources to be sequestered and result in outlay
reductions. The reports shall also contain estimates of the
effects on outlays on the sequestration of each outyear for
direct spending programs.''.
(c) Enforcement.--Title III of the Congressional Budget Act of 1974
(2 U.S.C. 631 et seq.) is amended by adding after section 315 the
following:
``SEC. 316. ENFORCEMENT PROCEDURES.
``(a) Outlay Caps.--It shall not be in order in the House of
Representatives or the Senate to consider any bill, joint resolution,
amendment, amendment between the Houses, or conference report that
includes any provision that would cause the most recently reported,
current outlay cap set forth in section 253A of the Balanced Budget and
Emergency Deficit Control Act of 1985 to be breached or increased.
``(b) Waiver or Suspension.--
``(1) In the senate.--The provisions of this section may be
waived or suspended in the Senate only by the affirmative vote
of two-thirds of the Members, duly chosen and sworn.
``(2) In the house.--The provisions of this section may be
waived or suspended in the House of Representatives only by a
rule or order proposing only to waive such provisions by an
affirmative vote of two-thirds of the Members, duly chosen and
sworn.
``(c) Point of Order Protection.--In the House, it shall not be in
order to consider a rule or order that waives the application of
paragraph (2) of subsection (b).
``(d) Motion To Suspend.--It shall not be in order for the Speaker
to entertain a motion to suspend the application of this section under
clause 1 of rule XV.''.
SEC. 4. CONFORMING AMENDMENTS.
The table of contents set forth in--
(1) section 1(b) of the Congressional Budget and
Impoundment Control Act of 1974 is amended by inserting after
the item relating to section 315 the following new item:
``Sec. 316. Enforcement procedures.'';
and
(2) section 250(a) of the Balanced Budget and Emergency
Deficit Control Act of 1985 is amended by inserting after the
item relating to section 253 the following new item:
``Sec. 253A. Establishing outlay caps.''.
SEC. 5. EFFECTIVE DATE.
This Act and the amendments made by this Act shall apply to fiscal
year 2017 and each fiscal year thereafter, including any reports and
calculations required for implementation in fiscal year 2017. | One Percent Spending Reduction Act of 2016 This bill amends the Balanced Budget and Emergency Deficit Control Act of 1985 to establish and enforce new spending caps. The bill establishes an outlay cap (less net interest payments) for FY2017 of $3.645 trillion, less 1%. For each year from FY2018-FY2021, the bill reduces the outlay cap by 1% of the previous year's outlay cap. For FY2022 and subsequent years, total outlays may not exceed 18% of the gross domestic product (GDP) for that year as estimated by the Office of Management and Budget (OMB). Beginning in FY2023, total projected outlays may not be less than the total projected outlays for the preceding year. The OMB must enforce the spending caps using a sequestration to eliminate any excess spending through automatic cuts. The bill eliminates most of the existing exemptions from sequestration, with the exception of interest payments on the debt. If the OMB projects a sequestration, the congressional budget committees may report a resolution directing congressional committees to change existing law to achieve the spending reductions necessary to meet the outlay limits. The bill amends the Congressional Budget Act of 1974 to establish procedures for Congress to enforce the outlay caps established by this bill. | {"src": "billsum_train", "title": "One Percent Spending Reduction Act of 2016"} | 2,334 | 281 | 0.596142 | 1.685722 | 0.803362 | 3.046218 | 8.605042 | 0.844538 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sexual Assault Training Oversight
and Prevention Act'' or the ``STOP Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Department of Defense conducted a survey of members
of the Armed Forces serving on active duty that revealed that
only 13.5 percent of such members reported incidents of sexual
assault, which means that more than 19,000 incidents of sexual
assault of members of the Armed Forces actually occurred in
2010 alone.
(2) Despite modest attempts, the Department of Defense has
failed to address the chronic under reporting of incidents of
sexual assault and harassment, as by the Department's own
estimates, 86 percent of sexual assaults went unreported in
2010.
(3) The military adjudication system itself lacks
independence, as military judges depend on command, and members
of the Armed Forces have only limited access to civilian courts
to address their grievances.
(4) The Cox Commission, sponsored by the National Institute
of Military Justice, as well as several other actors, have
consistently observed that the United States has fallen behind
countries such as Canada and the United Kingdom in terms of its
military justice system.
(5) The military atmosphere is not conducive to resolving
issues of sexual assault and harassment, and sexual violence
continues to infect the Armed Forces.
(6) The culture of the United States Armed Forces is based
on the chain of command. In a case of sexual assault, a
commander may be responsible for both the victim and the
offender, or both of their units, or the entire base or ship
where the offense occurred. Command discretion empowers a
commander to decide if the case goes forward to court martial.
The great deference afforded command discretion raises serious
concerns about conflicts of interest and the potential for
abuse of power.
SEC. 3. DEPARTMENT OF DEFENSE SEXUAL ASSAULT OVERSIGHT AND RESPONSE
COUNCIL.
(a) In General.--Chapter 7 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 188. Sexual Assault Oversight and Response Council
``(a) Establishment; Membership.--There is a Sexual Assault
Oversight and Response Council (hereinafter in this section referred to
as the `Council'). Composed of a majority of civilians this Council
shall be independent from the chain of command within the Department of
Defense.
``(b) Membership.--(1) The membership of the Council is comprised
of individuals selected by the President and the Secretary of Defense
who are governmental and nongovernmental experts and professionals in
the judicial and sexual assault fields as follows:
``(A) Two members shall be appointed by the Secretary of
the Defense from among the Department of Defense personnel who
have previously served as military judges in courts-martial
cases relating to sexual assault.
``(B) One member shall be appointed by the President from
among the Department of Justice personnel with expertise in
prosecuting cases of sexual assault.
``(C) One member shall be appointed by the President who
shall have extensive experience advocating for the rights of
those sexually assaulted while serving in the Armed Forces.
``(D) One member shall be appointed by the President who
shall have extensive expertise adjudicating civilian cases of
sexual assault.
``(2) Members shall be appointed for a term of three years, except
that a member of the Council appointed to fill a vacancy occurring
before the end of the term for which the member's predecessor was
appointed shall only serve until the end of such term. A member may
serve after the end of the member's term until the member's successor
takes office.
``(c) Chairman; Meetings.--(1) The Council shall elect a chair from
among its members.
``(2) The Council shall meet not less often than once every year.
``(d) Administrative Provisions.--(1) Each member of the Council
who is not an officer or employee of the Federal Government shall be
compensated at a rate equal to the daily equivalent of the annual rate
of basic pay prescribed for Executive Schedule Level IV under section
5315 of title 5, for each day (including travel time) during which such
member is engaged in the performance of the duties of the Council.
Members of the Council who are officers or employees of the United
States shall serve without compensation in addition to that received
for their services as officers or employees of the United States.
``(2) The members of the Council shall be allowed travel expenses,
including per diem in lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of chapter 57 of title 5,
while away from their homes or regular places of business in the
performance of services for the board.
``(e) Responsibilities.--The Council shall be responsible for the
following matters:
``(1) Appointing certain personnel to the Sexual Assault
Oversight and Response Office and advising the Sexual Assault
Oversight and Response Office.
``(2) Appointing, in consultation with the Secretary of
Defense, the Director of Military Prosecutions.
``(3) Appointing, in consultation with the President and
the Secretary of Defense, the Executive Director of the Sexual
Assault Oversight and Response Office.
``(4) Reviewing each request of the Director of Military
Prosecutions with respect to a case stemming from a sexual-
related offense that has been referred to an appellate court
within the military or that has been referred to the Department
of Justice.
``(5) Submitting to the Secretary of Defense, Congress, and
the Attorney General a report on each request by the Director
of Military Prosecutions for a referral to a higher court.
``(6) Advising the Sexual Assault Oversight and Response
Office on--
``(A) the development of sexual assault reporting
protocols;
``(B) the development of sexual assault risk-
reduction and response training;
``(C) the development of sexual assault policy; and
``(D) the effectiveness of the Director of Military
Prosecution.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``188. Sexual Assault Oversight and Response Council.''.
SEC. 4. DEPARTMENT OF DEFENSE SEXUAL ASSAULT OVERSIGHT AND RESPONSE
OFFICE.
(a) In General.--Chapter 4 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 145. Sexual Assault Oversight and Response Office
``(a) Establishment.--There is in the Department a Sexual Assault
Oversight and Response Office (hereinafter in this section referred to
as the `Office'). The head of the Office is the Executive Director of
the Sexual Assault Oversight and Response Office, who shall be
appointed by the Secretary of Defense, in consultation with the
President.
``(b) Responsibilities.--The Office shall be responsible for the
following:
``(1) Coordination with appropriate military criminal
investigative organizations to carry out investigations of
accusations of sexual assault.
``(2) Coordination and oversight of the provision of the
three fundamental rights of victims of sexual assault, safety,
security, and a place to communicate and to be validated.
``(3) Determining whether alleged victims or alleged
perpetrators of sexual assault should be temporarily reassigned
to be separated from the alleged assailant.
``(4) Establishing protocols to ensure that all reports of
sexual assault are taken out of the chain of command and
reported directly to the Office.
``(5) Providing instruction in referring alleged victims of
sexual assault to the Office to the following personnel:
``(A) Sexual assault coordinators.
``(B) Sexual assault prevention and response victim
advocates.
``(C) Health care personnel.
``(D) Chaplains.
``(E) Unit commanders.
``(F) Investigators and law enforcement personnel.
``(G) Judge advocates.
``(6) Maintaining the Military Sexual Registry under
section 563 of the Duncan Hunter National Defense Authorization
Act for Fiscal Year 2009 (Public Law 110-417).
``(c) Coordination of Training.--The Executive Director shall
coordinate the training efforts of the Office with each of the military
departments to ensure that all members of the Armed Forces receive--
``(1) the contact information for the Sexual Assault
Oversight and Response Office for purposes of reporting
violations of sexual-related offenses; and
``(2) clear, written guidelines regarding who on the Sexual
Assault Oversight and Response Office to contact, including the
direct telephone number for a victims' advocate, and what steps
to take in the event of a sexual assault.
``(d) Personnel.--For the purposes of carrying out the
responsibilities of the Office, the Executive Director of the Sexual
Assault Oversight and Response Office, in consultation with the Sexual
Assault Response Council established under section 188 of this title,
may select, appoint, and employ such officers and employees as may be
necessary, subject to the provisions of title 5, United States Code,
governing appointments in the competitive service, and the provisions
of chapter 51 and subchapter III of chapter 53 of such title, relating
to classification and General Schedule pay rates.
``(f) Inspector General Reviews.--The Inspector General shall
conduct case reviews of a statistically significant number of cases
involving allegations of sexual assault on a quarterly basis to
determine if proper procedures were followed in accordance with the
sexual assault protocols and guidelines within the Sexual Assault
Oversight and Response Office.
``(g) Report to Congress.--The Executive Director shall submit to
Congress an annual report on sexual assault in the Armed Forces.
``(h) Definition of Military Criminal Investigative Organization.--
In this section, the term `military criminal investigative
organization' means the Army Criminal Investigation Command, the Naval
Criminal Investigative Service, and the Air Force Office of Special
Investigations.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``145. Sexual Assault Oversight and Response Office.''.
(c) Transfer of Function.--All functions and personnel of the
Sexual Assault Prevention and Response Office of the Department of
Defense, as of the date of the enactment of this Act, shall be
transferred to the Sexual Assault Oversight and Response Office
established by section 145 of title 10, United States Code, as added by
subsection (a).
SEC. 5. DIRECTOR OF MILITARY PROSECUTIONS.
(a) In General.--Chapter 47 of title 10, United States Code, is
amended by inserting after section 940 the following new section:
``Sec. 940A. Art. 140A. Director of Military Prosecutions
``(a) Appointment.--There is a Director of Military Prosecutions
who shall be appointed by the Sexual Assault Oversight and Response
Council established under section 188 of this title.
``(b) Responsibilities.--Notwithstanding any other provision of
this chapter, the Director of Military Prosecutions shall have
independent and final authority to oversee the prosecution of all
sexual-related offenses committed by a member of the Armed Forces and
shall refer cases to be tried by courts-martial. The Director may, at
any time prior to the judge rendering a verdict, request that the
sexual-related offense be referred to a military appellate court or
referred to the Department of Justice. The Director shall be the
convening authority for all sexual-related offenses and shall determine
the type of court-martial to which each such case will be referred.
Members of a court-martial shall be selected by a court-martial
administrator at the request of the Director.
``(c) Sexual-Related Offense.--In this section, the term `sexual-
related offense' means--
``(1) rape;
``(2) aggravated sexual assault;
``(3) abusive sexual contact;
``(4) indecent assault;
``(5) nonconsensual sodomy;
``(6) an attempt to commit an offense described in any of
paragraphs (1) through (5); and
``(7) any other sexual offense the Secretary determines is
appropriate.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
940 the following new item:
``940A. Art. 140A. Director of Military Prosecutions.''.
SEC. 6. INFORMATION DATABASE ON SEXUAL ASSAULT INCIDENTS IN THE ARMED
FORCES.
Section 563 of the Duncan Hunter National Defense Authorization Act
for Fiscal Year 2009 (Public Law 110-417) is amended by striking
subsections (a) and (b) and inserting the following new subsections:
``(a) Military Sexual Registry.--
``(1) Database required.--The Secretary of Defense shall
implement a centralized, case-level database, to be known as
the `Military Sexual Registry', for the collection, in a manner
consistent with Department of Defense regulations for
restricted reporting, and maintenance of information regarding
sexual assaults involving a member of the Armed Forces,
including information, if available, about the nature of the
assault, the victim, the offender, and the outcome of any legal
proceedings in connection with the assault. The Secretary shall
consult with the Attorney General to ensure that the Military
Sexual Registry is designed to facilitate the reporting of
relevant information about individuals included in the database
to the Department of Justice for inclusion in the National Sex
Offender Registry established under section 119 of the Adam
Walsh Child Protection and Safety Act of 2006 (42 U.S.C.
16919).
``(2) Information required.--The Military Sexual Registry
shall include the following information about each individual
who is a member of the Armed Forces who is convicted of
committing a sexual assault:
``(A) The name of the individual, including any
alias used by the individual.
``(B) All relevant aspects of the case against the
individual.
``(C) The Social Security number of the individual.
``(D) The address of each residence where the
individual resides or plans to reside.
``(E) The license plate number and a description of
any vehicle owned or operated by the individual.
``(F) A criminal history of the individual,
including the date of all sexual offenses committed by
the individual, the date of any conviction of the
individual for a sexual offense, and the status of the
individual's parole, probation, or supervised release.
``(G) A DNA sample of the individual.
``(H) A current photograph of the individual.
``(I) Any other information required by the
Secretary.
``(b) Location of Database.--The Military Sexual Registry shall be
housed at and maintained by the Sexual Assault Oversight and Response
Office of the Department of Defense under section 145 of title 10,
United States Code.''. | Sexual Assault Training Oversight and Prevention Act or STOP Act - Establishes a Sexual Assault Oversight and Response Council, composed mainly of civilians, as an independent entity from the chain of command of the Department of Defense (DOD).
Directs the Council to: (1) appoint personnel to the Sexual Assault Oversight and Response Office, and advise such Office; (2) appoint the Director of Military Prosecutions (Director); (3) review each request of the Director with respect to a case stemming from a sexual-related offense that has been referred to a military appellate court or to the Department of Justice (DOJ); and (4) submit to the Secretary of Defense, Congress, and the Attorney General a report on each Director request for referral to a higher court. Requires the Council to advise on the development of sexual assault reporting protocols, risk-reduction and response training, and policy.
Establishes within DOD the Sexual Assault Oversight and Response Office, headed by an Executive Director, to undertake specified duties and responsibilities relating to the investigation, prevention, and reduction of sexual assault incidents within the Armed Forces. Requires the Office to establish protocols to ensure that all reports of sexual assault are taken out of the chain of command and reported directly to the Office.
Establishes the position of Director of Military Prosecutions, appointed by the Council, to have independent and final authority to oversee the prosecution of all sexual-related offenses committed by a member of the Armed Forces, and to refer such cases to trial by courts-martial.
Amends the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 to require the Secretary to implement a centralized database, known as the Military Sexual Registry, for the collection of information regarding sexual assaults within the military, including the nature of the assault, the victim, the offender, and the outcome of associated legal proceedings. Requires the Registry to be housed and maintained within the Office. | {"src": "billsum_train", "title": "To amend title 10, United States Code, to improve the prevention of and response to sexual assault in the Armed Forces, and for other purposes."} | 3,374 | 440 | 0.59135 | 1.970228 | 0.740755 | 4.386059 | 8.386059 | 0.932976 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Blackfoot
Clearwater Stewardship Act of 2017''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--FOREST RESTORATION
Sec. 101. Landscape assessment.
Sec. 102. Environmental review of collaboratively developed restoration
projects.
TITLE II--RECREATION
Sec. 201. Otatsy Recreation Management Area.
Sec. 202. Spread Mountain Recreation Area.
Sec. 203. Trail-based recreation.
TITLE III--CONSERVATION
Sec. 301. Designation of wilderness areas.
Sec. 302. Administration of wilderness areas.
Sec. 303. Maps and legal descriptions.
SEC. 2. DEFINITIONS.
In this Act:
(1) District.--The term ``District'' means the Seeley Lake
Ranger District of the Lolo National Forest.
(2) Map.--The term ``Map'' means the map entitled ``Bob
Marshall, Mission Mountains, Spread Mountain, and Scapegoat
Wilderness Additions and Otatsy Recreation Management Area''
and dated February 22, 2017.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(4) State.--The term ``State'' means the State of Montana.
TITLE I--FOREST RESTORATION
SEC. 101. LANDSCAPE ASSESSMENT.
(a) Landscape Assessment.--Not later than 3 years after the date of
enactment of this Act, the Secretary, in collaboration with interested
parties, shall complete a landscape assessment of the District.
(b) Required Components.--The landscape assessment under subsection
(a) shall--
(1) assess the ecological condition of forests and
watersheds within the District; and
(2) identify restoration actions needed to facilitate
ecosystem sustainability, resilience, and health by assisting
in the recovery of forest ecosystems within the District.
(c) Use of Existing Assessments.--The Secretary may fulfill the
requirement under subsection (a) through the use of any landscape
assessment being carried out as of the date of enactment of this Act
that contains the components required under subsection (b).
(d) Restoration Schedule.--As soon as practicable after the
completion of the landscape assessment under subsection (a), the
Secretary, in collaboration with interested parties, shall develop for
the District a 10-year schedule of restoration projects.
SEC. 102. ENVIRONMENTAL REVIEW OF COLLABORATIVELY DEVELOPED RESTORATION
PROJECTS.
(a) Definition of Collaboratively Developed Restoration Project.--
In this section, the term ``collaboratively developed restoration
project'' means an activity or set of activities that fulfills the
eligibility requirements of the Collaborative Forest Landscape
Restoration Program under section 4003(b) of Public Law 111-11 (16
U.S.C. 7303(b)).
(b) Environmental Review.--A collaboratively developed restoration
project within the District may be carried out in accordance with the
provisions applicable to hazardous fuel reduction projects under
sections 104, 105, and 106 of the Healthy Forests Restoration Act of
2003 (16 U.S.C. 6514-6516).
(c) Objector Meeting.--In accordance with section 218.11 of title
36, Code of Federal Regulations (as in effect on the date of enactment
of this Act), the Secretary may request a meeting with an objector to
any collaboratively developed restoration project within the District.
TITLE II--RECREATION
SEC. 201. OTATSY RECREATION MANAGEMENT AREA.
(a) Establishment.--Subject to valid existing rights, certain
Federal land in the Lolo National Forest comprising approximately 2,013
acres, as generally depicted on the Map, is designated as the ``Otatsy
Recreation Management Area'' (referred to in this section as the
``recreation management area'').
(b) Management.--The Secretary shall manage the recreation
management area in accordance with--
(1) this section, to conserve, protect, and enhance the
scenic, fish and wildlife, recreational, backcountry heritage,
and other natural resource values of the recreation management
area; and
(2) any laws (including regulations) relating to the
National Forest System.
(c) Prohibitions.--Except as provided in subsections (d) and (e),
the following shall be prohibited on Federal land within the recreation
management area:
(1) Permanent roads.
(2) Timber harvest.
(3) Except as necessary to provide for snowmobile use, to
meet the minimum requirements for the administration of the
recreation management area, and to protect public health and
safety--
(A) the use of motorized and mechanized vehicles;
and
(B) the establishment of temporary roads.
(d) Use of Snowmobiles.--The use of snowmobiles shall be allowed
within the recreation management area--
(1) between December 1 and April 1;
(2) during periods of adequate snow cover, as determined by
the Secretary; and
(3) subject to such terms and conditions as the Secretary
determines to be necessary.
(e) Wildfire, Insect, and Disease Management.--In accordance with
this section, the Secretary may carry out any measures in the
recreation management area that the Secretary determines to be
necessary to control fire, insects, and diseases, including, as the
Secretary determines to be appropriate, the coordination of those
activities with a State or local agency.
(f) Withdrawal.--Subject to valid existing rights, the recreation
management area (including any Federal land acquired after the date of
enactment of this Act for inclusion in the recreation management area)
is withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
SEC. 202. SPREAD MOUNTAIN RECREATION AREA.
(a) Establishment.--Subject to valid existing rights, certain
Federal land in the Lolo National Forest, comprising approximately
3,835 acres, as generally depicted on the Map, is designated as the
``Spread Mountain Recreation Area'' (referred to in this section as the
``recreation area'').
(b) Management.--The Secretary shall manage the recreation area in
accordance with--
(1) this section, to conserve, protect, and enhance the
scenic, fish and wildlife, recreational, backcountry heritage,
and other natural resource values of the recreation area; and
(2) any laws (including regulations) relating to the
National Forest System.
(c) Prohibitions.--Except as provided in subsection (e), the
following shall be prohibited on the Federal land within the recreation
area:
(1) Permanent roads.
(2) Timber harvest.
(3) Except as necessary to meet the minimum requirements
for the administration of the recreation area and to protect
public health and safety--
(A) the use of motorized vehicles; and
(B) the establishment of temporary roads.
(d) Mechanized Vehicles, Pedestrians, and Horse Travel.--Nothing in
this section prohibits--
(1) the use of mechanized vehicles, access by pedestrians,
or horse travel within the recreation area; or
(2) the construction of trails for use by mechanized
vehicles, pedestrians, and horse travel within the recreation
area.
(e) Wildfire, Insect, and Disease Management.--In accordance with
this section, the Secretary may take any measures in the recreation
area that the Secretary determines to be necessary to control fire,
insects, and diseases, including, as the Secretary determines to be
appropriate, the coordination of those activities with a State or local
agency.
(f) Withdrawal.--Subject to valid existing rights, the recreation
area (including any Federal land acquired after the date of enactment
of this Act for inclusion in the recreation area) is withdrawn from all
forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
SEC. 203. TRAIL-BASED RECREATION.
(a) Definition of Collaboratively Developed.--In this section, the
term ``collaboratively developed'' means a proposal that is developed
and implemented through a collaborative process that--
(1) includes multiple interested persons representing
diverse interests; and
(2) is transparent and nonexclusive.
(b) Expanded Trail Recreation Opportunities.--
(1) In general.--If a local collaborative group submits to
the Secretary, by not later than 5 years after the date of
enactment of this Act, a collaboratively developed proposal to
improve motorized and nonmotorized recreational trail
opportunities within the District, the Secretary--
(A) shall analyze the proposal in accordance with
the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
(B) subject to appropriations, and in accordance
with subsection (d), may provide for the construction
of any of the routes included in the proposal.
(2) Priority.--In completing the analysis required by
paragraph (1)(A), in accordance with subsection (d), the
Secretary shall give priority to expanding motorized and
nonmotorized recreational trail opportunities within the
District that are in the public interest.
(3) Deadline.--The Secretary shall complete the analysis
required by paragraph (1)(A) by not later than 3 years after
the date on which the Secretary receives the applicable
collaboratively developed proposal.
(c) Use of Volunteer Services and Contributions.--The Secretary may
accept volunteer services and contributions from non-Federal sources to
construct and maintain recreational trails under this section.
(d) Compliance.--In carrying out this section, the Secretary shall
comply with--
(1) each provision of law (including regulations) that is
generally applicable to the National Forest System; and
(2) this Act.
(e) Effect of Section.--Nothing in this section affects the
ownership or management of, or any other right relating to, any non-
Federal land (including any interest in non-Federal land).
TITLE III--CONSERVATION
SEC. 301. DESIGNATION OF WILDERNESS AREAS.
In furtherance of the purposes of the Wilderness Act (16 U.S.C.
1131 et seq.), and subject to valid existing rights, the following
areas in the State are designated as wilderness areas and as components
of the National Wilderness Preservation System:
(1) Bob marshall wilderness additions.--Certain land in the
Lolo National Forest, comprising approximately 39,422 acres
generally depicted as the ``North Fork Blackfoot-Monture Creek
Addition (Bob Marshall Addition)'' and approximately 7,784
acres generally depicted as the ``Grizzly Basin of the Swan
Range Addition'' on the Map, is incorporated in, and shall be
considered to be a part of, the Bob Marshall Wilderness.
(2) Mission mountains wilderness addition.--Certain land in
the Lolo National Forest, comprising approximately 4,462 acres
generally depicted as the ``West Fork Clearwater Addition'' on
the Map, is incorporated in, and shall be considered to be a
part of, the Mission Mountains Wilderness designated by Public
Law 93-632 (88 Stat. 2153).
(3) Scapegoat wilderness additions.--Certain land in the
Lolo National Forest, comprising approximately 27,392 acres
generally depicted as the ``North Fork Blackfoot-Monture Creek
Addition (Scapegoat Addition)'' on the Map, is incorporated in,
and shall be considered to be a part of, the Scapegoat
Wilderness designated by Public Law 92-395 (86 Stat. 578).
SEC. 302. ADMINISTRATION OF WILDERNESS AREAS.
(a) Management.--Subject to valid existing rights, each wilderness
addition designated by section 301 shall be administered by the
Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.), except that any reference in that Act to the effective date of
the Act shall be considered to be a reference to the date of enactment
of this Act.
(b) Incorporation of Acquired Land and Interests.--Any land within
the boundary of a wilderness area designated by section 301 that is
acquired by the United States shall--
(1) become part of the wilderness area in which the land is
located;
(2) be withdrawn in accordance with subsection (c); and
(3) be managed in accordance with this section, the
Wilderness Act (16 U.S.C. 1131 et seq.), and any other
applicable law.
(c) Withdrawal.--Subject to valid existing rights, the Federal land
designated as wilderness by section 301 is withdrawn from all forms
of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(d) Wildfire, Insect, and Disease Management.--In accordance with
section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the
Secretary may carry out any measures in the wilderness additions
designated by section 301 that the Secretary determines to be necessary
to control fire, insects, and diseases, including, as the Secretary
determines to be appropriate, the coordination of those activities with
a State or local agency.
(e) Access to Private Land.--In accordance with section 5(a) of the
Wilderness Act (16 U.S.C. 1134(a)), the Secretary shall provide to any
owner of private land within the boundary of a wilderness addition
designated by section 301 access to the private land.
(f) Fish and Wildlife.--Nothing in this title affects the
jurisdiction or responsibilities of the State with respect to fish and
wildlife, including the regulation of hunting, fishing, and trapping.
(g) Snow Sensors and Stream Gauges.--Nothing in this title prevents
the installation or maintenance of hydrological, meteorological, or
climatological instrumentation in a wilderness addition designated by
section 301, if the Secretary determines that the installation or
maintenance of the instrumentation is necessary to advance the
scientific, educational, or conservation purposes of the wilderness
area.
(h) Livestock.--The grazing of livestock in the wilderness
additions established by section 301, if established before the date of
enactment of this Act, shall be allowed to continue, subject to such
reasonable regulations, policies, and practices as the Secretary
determines to be necessary, in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the guidelines described in House Report 96-617 to
accompany H.R. 5487 of the 96th Congress.
(i) Outfitting and Guide Activities.--
(1) In general.--In accordance with section 4(d)(5) of the
Wilderness Act (16 U.S.C. 1133(d)(5)), commercial services
(including authorized outfitting and guide activities) within
the wilderness additions designated by section 301 may be
authorized to the extent necessary for activities that fulfill
the recreational or other wilderness purposes of the wilderness
areas, in accordance with section 1503(b)(6) of Public Law 111-
11 (123 Stat. 1035).
(2) Effect.--Nothing in this title requires the Secretary
to modify any permit in effect as of the date of enactment of
this Act to provide outfitting and guide services within the
wilderness additions designated by section 301 on a
determination by the Secretary that the activities are in
compliance with section 4(d)(5) of the Wilderness Act (16
U.S.C. 1133(d)(5)).
(j) Adjacent Management.--
(1) In general.--The designation of a wilderness addition
by section 301 shall not create any protective perimeter or
buffer zone around the wilderness area.
(2) Nonwilderness activities.--The fact that a
nonwilderness activity or use can be seen or heard from an area
within a wilderness addition designated by section 301 shall
not preclude the conduct of the activity or use outside the
boundary of the wilderness area.
SEC. 303. MAPS AND LEGAL DESCRIPTIONS.
(a) In General.--As soon as practicable after the date of enactment
of this Act, the Secretary shall file a map and a legal description
of--
(1) the Otatsy Recreation Management Area established by
section 201(a);
(2) the Spread Mountain Recreation Area established by
section 202(a); and
(3) each wilderness addition designated by section 301.
(b) Submission.--The Secretary shall submit the maps and legal
descriptions prepared under subsection (a) to--
(1) the Committee on Energy and Natural Resources of the
Senate; and
(2) the Committee on Natural Resources of the House of
Representatives.
(c) Force of Law.--The maps and legal descriptions filed under
subsection (b) shall have the same force and effect as if included in
this title, except that the Secretary may correct any typographical
errors in the maps or legal descriptions.
(d) Public Availability.--Each map and legal description filed
under subsection (b) shall be on file and available for public
inspection in the appropriate offices of the Forest Service and the
Bureau of Land Management. | Blackfoot Clearwater Stewardship Act of 2017 This bill directs the Department of Agriculture (USDA) to complete a landscape assessment of the Seeley Lake Ranger District of the Lolo National Forest in Montana to: (1) assess the ecological condition of its forests and watersheds; and (2) identify actions needed to facilitate ecosystem sustainability, resilience, and health by assisting in the recovery of its forest ecosystems. A collaboratively developed restoration project within the district may be carried out according to certain provisions applicable to authorized hazardous fuel reduction projects under the Healthy Forests Restoration Act of 2003. The bill designates specified federal land in the forest as: (1) the Otatsy Recreation Management Area, and (2) the Spread Mountain Recreation Area. USDA shall, if, a local collaborative group submits a proposal to improve motorized and nonmotorized recreational trail opportunities within the district, analyze the proposal in accordance with the National Environmental Policy Act of 1969. It may also provide for the construction of any of the routes included in such proposal. The bill designates specified wilderness additions in the forest as wilderness areas and components of the National Wilderness Preservation System. | {"src": "billsum_train", "title": "Blackfoot Clearwater Stewardship Act of 2017"} | 3,954 | 261 | 0.667707 | 2.110755 | 0.963789 | 4.2723 | 16.150235 | 0.910798 |
SECTION 1. BUS AND BUS FACILITIES STATE OF GOOD REPAIR DISCRETIONARY
GRANTS.
(a) In General.--Chapter 53 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 5341. Bus and bus facilities state of good repair discretionary
grants
``(a) Definitions.--In this section--
``(1) the term `State' means a State of the United States;
and
``(2) the term `territory' means the District of Columbia,
Puerto Rico, the Northern Mariana Islands, Guam, American
Samoa, and the United States Virgin Islands.
``(b) General Authority.--The Secretary shall make grants under
this section to assist eligible recipients described in subsection
(e)(1) in financing capital projects to maintain bus and bus facilities
systems in a state of good repair, including projects--
``(1) to replace, rehabilitate, and purchase buses and
related equipment; and
``(2) to construct bus-related facilities.
``(c) Grant Criteria.--In making grants under this section, the
Secretary--
``(1) with respect to a bus and bus facilities system,
shall consider--
``(A) project readiness;
``(B) the level of commitment of non-Federal funds
and the availability of a local financial commitment
that exceeds the required non-Federal share of the cost
of the project; and
``(C) project justification;
``(2) with respect to the replacement, rehabilitation, and
purchase of buses and related equipment, and the construction
of bus-related facilities, shall consider--
``(A) condition;
``(B) the need to comply with any applicable legal
requirements relating to reinvestment; and
``(C) the status of components; and
``(3) in considering the factors under paragraphs (1) and
(2), shall give priority consideration to vehicle age and
mileage.
``(d) Grant Requirements.--The requirements of section 5307 apply
to recipients of grants made under this section.
``(e) Eligible Recipients and Subrecipients.--
``(1) Recipients.--Eligible recipients under this section
are designated recipients that operate bus service or that
allocate funding to bus operators.
``(2) Subrecipients.--A designated recipient that receives
a grant under this section may allocate amounts of the grant to
subrecipients that are public agencies or private nonprofit
organizations engaged in public transportation.
``(f) Government's Share of Costs.--
``(1) Capital projects.--A grant for a capital project
under this section shall be for 80 percent of the net capital
costs of the project. A recipient of a grant under this section
may provide additional local matching amounts.
``(2) Remaining costs.--The remainder of the net project
cost shall be provided--
``(A) in cash from non-Government sources other
than revenues from providing public transportation
services;
``(B) from revenues derived from the sale of
advertising and concessions;
``(C) from an undistributed cash surplus, a
replacement or depreciation cash fund or reserve, or
new capital; or
``(D) from amounts received under a service
agreement with a State or local social service agency
or private social service organization.
``(g) Period of Availability to Recipients.--Amounts made available
to carry out this section may be obligated by a recipient for 3 fiscal
years after the fiscal year in which the amount is appropriated. Not
later than 30 days after the end of the 3-year period described in the
preceding sentence, any amount that is not obligated on the last day of
that period shall be added to the amount that may be appropriated to
carry out this section in the next fiscal year.
``(h) Funding Limit.--Not more than 4 percent of the amounts made
available under section 5338 to carry out this section for a fiscal
year shall be made available to a single recipient.
``(i) Bus and Bus Facilities Formula Grants.--
``(1) Rule of construction.--Nothing in this section shall
be construed to prohibit a recipient from receiving a grant
under section 5339 and a grant under this section.
``(2) Funding for formula grants.--Of the amounts made
available under section 5338 to carry out this section for a
fiscal year, $62,500,000 shall be available for the bus and bus
facilities program under section 5339, of which $1,250,000
shall be apportioned to each State.''.
(b) Funding.--Section 5338 of title 49, United States Code, is
amended--
(1) by redesignating subsections (j) and (k) as subsections
(k) and (l), respectively; and
(2) by inserting after subsection (i) the following:
``(j) Bus and Bus Facilities State of Good Repair Discretionary
Grants.--There are authorized to be appropriated out of the Mass
Transit Account of the Highway Trust Fund to carry out section 5341--
``(1) $492,000,000 for fiscal year 2016;
``(2) $687,000,000 for fiscal year 2017;
``(3) $777,000,000 for fiscal year 2018;
``(4) $878,000,000 for fiscal year 2019;
``(5) $992,000,000 for fiscal year 2020; and
``(6) $1,389,000,000 fiscal year 2021.''.
(c) Initial Grants.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall begin
making grants under section 5341 of title 49, United States Code, as
added by subsection (b).
(d) Technical and Conforming Amendment.--The table of sections for
chapter 53 of title 49, United States Code, is amended by adding at the
end the following:
``5341. Bus and bus facilities state of good repair discretionary
grants.''. | This bill requires the Department of Transportation to make grants to assist eligible recipients in financing capital projects to maintain bus and bus facilities systems in a state of good repair, including projects to: (1) replace, rehabilitate, and purchase buses and related equipment; and (2) construct bus-related facilities. Eligible recipients are designated recipients that operate bus service or that allocate funding to bus operators. Grant recipients may: (1) allocate amounts to subrecipients that are public agencies or private nonprofit organizations engaged in public transportation, and (2) obligate funds for three fiscal years after the fiscal year in which the amount is appropriated. The bill limits to 4% the percentage of funding made available for this Act in a fiscal year that may be provided to a single recipient. | {"src": "billsum_train", "title": "A bill to establish a bus state of good repair program."} | 1,328 | 157 | 0.619528 | 1.591702 | 0.761005 | 5.210526 | 8.013158 | 0.921053 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transportation Security
Administration Efficiency and Flexibility Act of 2011''.
SEC. 2. EXCLUSION OF EMPLOYEES OF THE TRANSPORTATION SECURITY
ADMINISTRATION FROM THE COLLECTIVE BARGAINING RIGHTS OF
FEDERAL EMPLOYEES.
(a) In General.--Section 7103(a) of title 5, United States Code, is
amended--
(1) in paragraph (2)--
(A) in clause (iv), by striking ``; or'' and
inserting a semicolon;
(B) in clause (v), by striking the semicolon and
inserting ``; or''; and
(C) by adding at the end the following:
``(vi) an officer or employee of the Transportation
Security Administration of the Department of Homeland
Security;''; and
(2) in paragraph (3)--
(A) in subparagraph (G), by striking ``; or'' and
inserting a semicolon;
(B) in subparagraph (H), by striking the period and
inserting ``; or''; and
(C) by adding at the end the following:
``(I) the Transportation Security Administration of
the Department of Homeland Security;''.
(b) Amendments to Title 49.--
(1) Transportation security administration.--Section 114(n)
of title 49, United States Code, is amended by adding ``This
subsection shall be subject to section 7103(a)(2)(vi) and
(3)(I) of title 5, United States Code.'' at the end.
(2) Personnel management system.--Section 40122 of title
49, United States Code, is amended--
(A) by redesignating subsection (j) as subsection
(k); and
(B) by inserting after subsection (i) the
following:
``(j) Transportation Security Administration.--Notwithstanding any
other provision of this section (including subsection (g)(2)(C)), this
section shall be subject to section 7103(a) (2)(vi) and (3)(I) of title
5, United States Code.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of enactment of this Act and apply to any collective
bargaining agreement (as defined under section 7103(a)(8) of title 5,
United States Code) entered into on or after that date, including the
renewal of any collective bargaining agreement in effect on that date.
SEC. 3. EMPLOYEE RIGHTS AND ENGAGEMENT MECHANISM FOR PASSENGER AND
PROPERTY SCREENERS.
(a) Labor Organization Membership; Appeal Rights; Engagement
Mechanism for Workplace Issues.--
(1) In general.--Section 111(d) of the Aviation and
Transportation Security Act (49 U.S.C. 44935 note) is amended--
(A) by striking ``Notwithstanding'' and inserting
the following:
``(1) In general.--Except as provided in section 883 of the
Homeland Security Act of 2002 (6 U.S.C. 463) and paragraphs (2)
through (5), notwithstanding''; and
(B) by adding at the end the following:
``(2) Labor organization membership.--Nothing in this
section shall be construed to prohibit an individual described
in paragraph (2) from joining a labor organization.
``(3) Right to appeal adverse action.--An individual
employed or appointed to carry out the screening functions of
the Administrator under section 44901 of title 49, United
States Code, may submit an appeal of an adverse action covered
by section 7512 of title 5, United States Code, and finalized
after the date of the enactment of the FAA Air Transportation
Modernization and Safety Improvement Act, to the Merit Systems
Protection Board and may seek judicial review of any resulting
orders or decisions of the Merit Systems Protection Board.
``(4) Employee engagement mechanism for addressing
workplace issues.--At every airport at which the Transportation
Security Administration screens passengers and property under
section 44901 of title 49, United States Code, the
Administrator shall provide a collaborative, integrated
employee engagement mechanism to address workplace issues.''.
(2) Conforming amendments.--Section 111(d)(1) of such Act,
as redesignated by paragraph (1)(A), is amended--
(A) by striking ``Under Secretary of Transportation
for Security'' and inserting ``Administrator of the
Transportation Security Administration''; and
(B) by striking ``Under Secretary'' each place it
appears and inserting ``Administrator''.
(b) Whistleblower Protections.--Section 883 of the Homeland
Security Act of 2002 (6 U.S.C. 463) is amended, in the matter preceding
paragraph (1), by inserting ``, or section 111(d) of the Aviation and
Transportation Security Act (49 U.S.C. 44935 note),'' after ``this
Act''. | Transportation Security Administration Efficiency and Flexibility Act of 2011 - Excludes officers and employees of Transportation Security Administration (TSA) of the Department of Homeland Security (DHS) from the right of federal employees to bargain collectively.
Subjects also to such exclusion the Federal Aviation Administration (FAA) personnel management system as it applies to TSA employees.
Amends the Aviation and Transportation Security Act to provide that, notwithstanding the authority of the TSA Administrator to fix the terms and conditions of employment of TSA screeners, nothing shall prohibit such an employee from joining a labor organization.
Authorizes screeners to: (1) appeal to the Merit Systems Protection Board adverse actions brought against them which are finalized after enactment of the FAA Air Transportation Modernization and Safety Improvement Act, and (2) seek judicial review of any resulting Board orders or decisions.
Requires the FAA Administrator to provide to TSA screeners with a collaborative, integrated employee engagement mechanism to address workplace issues.
Amends the Homeland Security Act of 2003 to apply certain whistleblower protections to DHS employees. | {"src": "billsum_train", "title": "A bill to exclude employees of the Transportation Security Administration from the collective bargaining rights of Federal employees and provide employment rights and an employee engagement mechanism for passenger and property screeners."} | 1,130 | 233 | 0.468438 | 1.298291 | 0.733476 | 2.467005 | 4.837563 | 0.822335 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Broadcast Ownership Reform Act of
1999''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The contemporary electronic mass media market provides
consumers with abundant alternative sources of news,
information and entertainment, including radio and television
broadcast stations, cable television systems, and the Internet.
(2) Due to the advent of digital technology, these
alternative sources of electronic news, information and
entertainment are converging as well as proliferating.
(3) The simultaneous proliferation and convergence of
electronic mass media renders technology-specific regulation
obsolete.
(4) The public interest demands that the Federal
Communications Commission reexamine its technology-specific
regulation of electronic mass media to assure that it retains
its relevance in the face of the proliferation and convergence
of electronic mass media.
(5) Section 202(h) of the Telecommunications Act of 1996
recognized that there is a particular public interest need for
the Federal Communications Commission to periodically and
comprehensively reexamine its radio and television broadcast
ownership rules, which predate the proliferation and
convergence of alternative competing electronic sources of
news, information and entertainment.
(6) Although the Commission has reexamined and revised its
broadcast duopoly and one-to-a-market ownership rules, it has
not completed long-pending reexaminations of its national
television station ownership restrictions or the newspaper-
broadcast cross-ownership prohibition.
(7) The Commission's failure to simultaneously resolve all
its pending broadcast cross-ownership rules fails to recognize,
as Congress did in enacting section 202(h), that the
proliferation and convergence of alternative electronic media
implicates the bases of the national television ownership rules
and the newspaper broadcast cross-ownership rules no less than
the bases of the local radio and television station ownership
rules.
(8) The Commission's failure to simultaneously resolve all
its broadcast cross-ownership rules will affect all potential
buyers and sellers of radio and television stations in the
interim, because the current restrictions will prevent networks
and newspaper publishers from engaging in station transactions
to the extent they otherwise might.
(9) The Commission's failure to simultaneously resolve its
pending proceedings on the national television ownership and
newspaper/broadcast cross-ownership restrictions is arbitrary
and capricious, because it treats similarly-situated entities--
those bound by ownership rules that predate the advent of
increased competition from alternative electronic media--
differently, without any consideration of, or reasoned analysis
for, this disparate treatment.
(10) The increase in the national television audience reach
limitation to 35 percent mandated by section 202(c)(1)(B) of
the Telecommunications Act of 1996 was not established as the
maximum percentage compatible with the public interest. On the
contrary, section 202(h) of that Act expressly directs the
Commission to review biennially whether any of its broadcast
ownership rules, including those adopted pursuant to section
202 of the Act, are necessary in the public interest as a
result of competition.
(11) The 35-percent national television audience reach
limitation is unduly restrictive in light of competition.
(12) The newspaper/broadcast cross-ownership restriction is
unduly restrictive in light of competition.
(13) The Commission's failure to resolve its pending
proceedings on the national television ownership and newspaper/
broadcast cross-ownership restrictions simultaneously with its
resolution of the proceedings on the duopoly and one-to-a-
market rules does not serve the public interest.
SEC. 3. INCREASE IN NATIONAL TELEVISION AUDIENCE REACH LIMITATION.
(a) In General.--The Federal Communications Commission shall modify
its rules for multiple ownership set forth in section 73.3555(e) of its
regulations (47 C.F.R. 73.3555(e) by increasing the national audience
reach limitation for television stations to 50 percent.
(b) Further Increase.--The Commission may modify those rules to
increase the limitation to a greater percentage than the 50 percent
required by subsection (a) if it determines that the increase is in the
public interest.
SEC. 4. TERMINATION OF NEWSPAPER/BROADCAST CROSS-OWNERSHIP RULE.
(a) In General.--The newspaper/broadcast cross-ownership rule under
section 73.3555(d) of the Federal Communication Commission's
regulations (47 C.F.R. 73.3555(d)) shall cease to be in effect after
December 31, 1999, unless it is reinstated by the Commission under
subsection (b) before January 1, 2000. | Broadcast Ownership Reform Act of 1999 - Directs the Federal Communications Commission (FCC) to modify its rules for multiple ownership of television (TV) broadcast stations to increase to 50 (currently 35) percent the national audience reach limitations for TV stations owned by the same entity or person.
States that the FCC's newspaper-broadcast cross-ownership rule shall cease to be in effect after December 31, 1999, unless it is reinstated by the FCC before January 1, 2000. | {"src": "billsum_train", "title": "Broadcast Ownership Reform Act of 1999"} | 978 | 104 | 0.51249 | 1.384082 | 0.400794 | 3.73913 | 9.695652 | 0.869565 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Egyptian Military Coup Act of
2014''.
SEC. 2. FOREIGN ASSISTANCE RESTRICTIONS IN RESPONSE TO EGYPTIAN
MILITARY COUP D'ETAT.
(a) Findings.--Congress makes the following findings:
(1) On June 30, 2012, Mohamed Morsi was elected President
of Egypt in elections that were certified as free and fair by
the Egyptian Presidential Election Commission and the United
Nations.
(2) On July 3, 2013, the military of Egypt removed the
democratically elected President of Egypt, arrested his
supporters, and suspended the Constitution of Egypt. These
actions fit the definition of a military coup d'etat.
(3) On August 14, 2013, Egyptian security forces killed
over 600 protestors in the dispersal of a demonstration in
Rabaa, Egypt.
(4) Since the July 2013 military coup d'etat, the Egyptian
military and security officials are estimated to have killed
more than 1,000 Egyptian citizen protestors.
(5) On January 17, 2014, President Barack Obama signed into
law the Consolidated Appropriations Act, 2014 (Public Law 113-
76), which included language in section 7041(a) that
conditioned economic assistance to the Government of Egypt on
concrete and measurable actions to restore democracy to the
citizens of Egypt.
(6) On April 23, 2014, President Obama approved the
transfer of 10 AH-64 Apache Helicopters and $650,000,000 in
financial aid to the military-controlled Government of Egypt.
(7) On April 28, 2014, a court in Egypt sentenced 683
Egyptian citizens to death for protests in the town of Edwa,
Egypt, following a five-minute hearing that was not long enough
to recite the full names of the accused.
(8) On May 5, 2014, Former Army Chief Abdul Fattah al-Sisi,
who led Egyptian military forces in the coup d'etat against a
ruling party that was elected with 51.7 percent of the vote,
said on Egyptian television that, if elected, the previous
ruling political party would ``not exist''.
(9) On May 6, 2014, a court in Egypt banned members of the
National Democratic Party from participating in any
Presidential, parliamentary, or local elections.
(10) Pursuant to section 7008 of the Department of State,
Foreign Operations, and Related Programs Act, 2012 (division I
of Public Law 112-74; 125 Stat. 1195), the United States is
legally prohibited from providing foreign assistance to any
country whose duly elected head of government is deposed by a
military coup d'etat, or removed in such a way that the
military plays a decisive role.
(11) The United States has suspended aid to countries that
have undergone military coups d'etat in the past, including the
Ivory Coast, the Central African Republic, Thailand, Mali,
Fiji, and Honduras.
(b) Foreign Assistance to the Government of Egypt.--
(1) Restrictions on assistance under section 7008.--In
accordance with section 7008 of the Department of State,
Foreign Operations, and Related Programs Act, 2012 (division I
of Public Law 112-74; 125 Stat. 1195), the United States
Government, including the Department of State, shall refrain
from providing to the Government of Egypt the assistance
restricted under such section.
(2) Additional restrictions.--In addition to the
restrictions referred to in paragraph (1), the following
restrictions shall be in effect with respect to United States
assistance to the Government of Egypt:
(A) Deliveries of defense articles currently slated
for transfer to Egyptian Ministry of Defense (MOD) and
Ministry of Interior (MOI) shall be suspended until the
President certifies to Congress that democratic
national elections have taken place in Egypt followed
by a peaceful transfer of power.
(B) Provision of defense services to Egyptian MOD
and MOI shall be halted immediately until the President
certifies to Congress that democratic national
elections have taken place in Egypt followed by a
peaceful transfer of power.
(C) Processing of draft Letters of Offer and
Acceptance (LOAs) for future arms sales to Egyptian MOD
and MOI entities shall be halted until the President
certifies to Congress that democratic national
elections have taken place in Egypt followed by a
peaceful transfer of power.
(D) All costs associated with the delays in
deliveries and provision of services required under
subparagraphs (A) through (C) shall be borne by the
Government of Egypt. | Egyptian Military Coup Act of 2014 - Prohibits U.S. government assistance to Egypt pursuant to the coup d'etat restriction under the Department of State, Foreign Operations, and Related Programs Act, 2012. Suspends the provision of specified defense articles and services, and the processing of letters of offer and acceptance for future arms sales, until the President certifies to Congress that democratic national elections have taken place in Egypt followed by a peaceful transfer of power. | {"src": "billsum_train", "title": "Egyptian Military Coup Act of 2014"} | 985 | 101 | 0.519614 | 1.512341 | 0.408483 | 4.325301 | 10.975904 | 0.927711 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enhancing the Stature and Visibility
of Medical Rehabilitation Research at NIH Act''.
SEC. 2. IMPROVING MEDICAL REHABILITATION RESEARCH AT THE NATIONAL
INSTITUTES OF HEALTH.
Section 452 of the Public Health Service Act (42 U.S.C. 285g-4) is
amended--
(1) in subsection (b), by striking ``conduct and support''
and inserting ``conduct, support, and coordination'';
(2) in subsection (c)(1)(C), by striking ``of the Center''
and inserting ``within the Center'';
(3) in subsection (d)--
(A) by striking paragraph (1) and inserting the
following: ``(1) The Director of the Center, on behalf
of the Director of NIH and the Director of the
Institute and in consultation with the coordinating
committee established under subsection (e) and the
advisory board established under subsection (f), shall
develop a comprehensive plan (referred to in this
section as the `Research Plan') for the conduct,
support, and coordination of medical rehabilitation
research.'';
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``and
priorities for such research; and'' and
inserting ``priorities for such research, and
existing resources to support the purpose
described in subsection (b);'';
(ii) in subparagraph (B), by striking the
period and inserting ``; and''; and
(iii) by adding at the end the following:
``(C) include objectives, benchmarks, and guiding
principles for conducting, supporting, and coordinating
medical rehabilitation research, consistent with the
purpose described in subsection (b).'';
(C) in paragraph (4)--
(i) by striking the first sentence and
inserting the following: ``The Director of the
Center, in consultation with the Director of
the Institute, the coordinating committee
established under subsection (e), and the
advisory board established under subsection
(f), shall periodically, or not less than every
5 years, revise and update the Research Plan,
as appropriate. Not later than 30 days after
the Research Plan is so revised and updated,
the Director of the Center shall transmit the
revised and updated Research Plan to the
President and the appropriate committees of
Congress.''; and
(D) by adding at the end the following:
``(5) The Director of the Center, in consultation with the Director
of the Institute, shall annually prepare a report for the coordinating
committee established under subsection (e) and the advisory board
established under subsection (f) that describes and analyzes the
progress during the preceding fiscal year in achieving the objectives,
benchmarks, and guiding principles described in paragraph (2)(C) and
includes expenditures of the Center and other agencies of the National
Institutes of Health for carrying out the Research Plan. The report
shall include recommendations for revising and updating the Research
Plan, and such initiatives as the Director of the Center and the
Director of the Institute determine appropriate. In preparing the
report, the Director of the Center and the Director of the Institute
shall consult with the Director of NIH, and the report shall reflect an
assessment of the Research Plan by the Director of NIH.'';
(4) in subsection (e)--
(A) in paragraph (2), by inserting ``periodically,
or not less than every 5 years, host a scientific
conference or workshop on medical rehabilitation
research and'' after ``The Coordinating Committee
shall'';
(B) in paragraph (3), by inserting ``the Director
of the Division of Program Coordination, Planning, and
Strategic Initiatives within the Office of the Director
of NIH,'' after ``shall be composed of''; and
(C) in paragraph (4), by striking ``Director of the
Center'' and inserting ``Director of the Center, acting
in the capacity of a designee of the Director of NIH'';
(5) in subsection (f)(3)(B), by adding at the end the
following:
``(xii) The Director of the Division of
Program Coordination, Planning, and Strategic
Initiatives.''; and
(6) by adding at the end the following:
``(g) The Director of the Center, in consultation with the Director
of the Institute, the Coordinating Committee, and the Advisory Board,
shall develop guidelines governing the funding for medical
rehabilitation research by the Center and other agencies of the
National Institutes of Health. At a minimum, such guidelines shall
reflect the purpose of the Center described in subsection (b) and be
consistent with the Research Plan.
``(h)(1) The Secretary and the heads of other Federal agencies
shall jointly review the programs carried out (or proposed to be
carried out) by each such official with respect to medical
rehabilitation research and, as appropriate, enter into agreements
preventing duplication among such programs.
``(2) The Secretary shall enter into inter-agency agreements
relating to the coordination of medical rehabilitation research
conducted by agencies of the National Institutes of Health and other
agencies of the Federal Government.
``(i) For purposes of this section, the term `medical
rehabilitation research' means the science of mechanisms and
interventions that prevent, improve, restore, or replace lost,
underdeveloped, or deteriorating function (defined at the level of
impairment, activity, and participation, according to the World Health
Organization in the International Classification of Functioning,
Disability and Health (2001)).''.
SEC. 3. REQUIREMENTS OF CERTAIN AGREEMENTS FOR ENHANCING COORDINATION
AND PREVENTING DUPLICATIVE PROGRAMS OF MEDICAL
REHABILITATION RESEARCH.
Section 3 of the National Institutes of Health Amendments of 1990
(42 U.S.C. 285g-4 note) is amended--
(1) in subsection (a), by striking ``(a) In General.--'';
and
(2) by striking subsection (b). | Enhancing the Stature and Visibility of Medical Rehabilitation Research at NIH Act This bill amends the Public Health Service Act to revise requirements for medical rehabilitation research. The purpose of the National Center for Medical Rehabilitation Research (NCMRR) is revised to include coordination of research and research training. The NCMRR must develop and periodically update a comprehensive research plan for medical rehabilitation research. Currently, this research plan is developed and updated by the Eunice Kennedy Shriver National Institute of Child Health and Human Development. The NCMRR must: (1) annually report on progress in achieving the objectives, benchmarks, and guiding principles described in the research plan; and (2) develop guidelines governing the funding for medical rehabilitation research by the National Institutes of Health. The Medical Rehabilitation Coordinating Committee must periodically host a scientific conference or workshop on medical rehabilitation research. The Department of Health and Human Services must enter into interagency agreements to coordinate medical rehabilitation research. | {"src": "billsum_train", "title": "Enhancing the Stature and Visibility of Medical Rehabilitation Research at NIH Act"} | 1,328 | 198 | 0.596134 | 1.828904 | 0.919974 | 2.890805 | 7.241379 | 0.867816 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Child Protection Training
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Studies indicate that the majority of child protection
professionals, including child protection workers, child
protection attorneys, medical and mental health professionals,
law enforcement officers, forensic interviewers, and other
professionals who work directly with maltreated children, are
inadequately prepared through undergraduate and graduate
programs to recognize and respond to cases of child
maltreatment.
(2) Studies indicate that individuals mandated to report
child maltreatment often fail to recognize instances of
maltreatment, and that such failure to recognize maltreatment
is attributable, in part, to inadequate training in
undergraduate and graduate programs.
(3) Child protection professionals often find it difficult
to access quality training on investigating, or otherwise
responding to, cases of child maltreatment, and many programs,
such as forensic interview training programs, that require
intensive training and small class sizes could reach more
professionals if such programs were developed at the State,
rather than the national, level.
(4) Child protection professionals should be trained not
only to respond to cases of child maltreatment after such
maltreatment has occurred, but also to take a leadership role
in implementing evidence-based community prevention programs.
(5) The National Child Protection Training Center has taken
a leadership role in implementing model undergraduate and
graduate curricula on child abuse and neglect, in assisting
States in developing forensic interview training programs, and
in providing ongoing training, technical assistance, and
publications to child protection professionals. Specifically,
the National Child Protection Training Center has--
(A) assisted the States of Arkansas, Connecticut,
Delaware, Georgia, Illinois, Indiana, Kansas, Maryland,
Missouri, Mississippi, New Jersey, Oklahoma, Ohio,
South Carolina, Virginia, and West Virginia in
developing and sustaining forensic interview training
programs;
(B) developed and implemented model undergraduate
and graduate curricula on child maltreatment in 13
universities and colleges in 8 States and the District
of Columbia, and has worked with dozens of additional
universities to implement model curricula; and
(C) provided training, technical assistance, and
other services to more than 40,000 child protection
professionals throughout the United States.
SEC. 3. ESTABLISHMENT OF REGIONAL TRAINING CENTERS AND GRANT PROGRAMS.
(a) In General.--The Child Abuse Prevention and Treatment Act is
amended by inserting after section 109 (42 U.S.C. 5106e) the following:
``SEC. 109A. REGIONAL TRAINING CENTERS AND GRANT PROGRAMS.
``(a) Regional Training Centers.--The Secretary of Health and Human
Services (referred to in this section as the `Secretary') shall enter
into an agreement with the National Child Protection Training Center to
establish and sustain within the Center regional training centers in
the midwestern, northeastern, southern, and western regions of the
United States, which shall be called `Regional Training Centers'
(referred to in this section as the `Centers'). The Centers shall--
``(1) provide child protection professionals (including
child protection workers, child protection attorneys, medical
and mental health professionals, law enforcement officers,
forensic interviewers, and other professionals who work
directly with maltreated children) in the field with low-cost,
high-quality training, technical assistance, and publications;
``(2) provide child protection professionals ongoing
training and assistance in developing evidence-based community
prevention programs;
``(3) develop model undergraduate and graduate curricula on
child maltreatment and, after approval by the Secretary,
disseminate the curricula to community colleges, colleges,
universities, law schools, medical schools, and other
institutions of higher education; and
``(4) assist States in developing and maintaining forensic
interview training programs.
``(b) Grant Programs.--The Secretary, in accordance with agreements
entered into with the National Child Protection Training Center, shall
establish the following grant programs:
``(1) Forensic interview training programs.--The National
Child Protection Training Center, in accordance with an
agreement between such center and the Secretary under this
paragraph, shall award grants to State and local governments
and other nonprofit entities to--
``(A) assist State and local child protection
professionals described in subsection (a) in developing
statewide forensic interview training programs; or
``(B) expand forensic interview training programs
to provide for additional, advanced forensic interview
training courses.
``(2) Model curricula.--The National Child Protection
Training Center, in accordance with an agreement between such
center and the Secretary under this paragraph, shall award
grants to State and local governments and other nonprofit
entities to--
``(A) defray the expenses of institutions of higher
education in implementing model undergraduate or
graduate curricula on child abuse and neglect; or
``(B) assist institutions of higher education in
expanding model undergraduate or graduate curricula on
child abuse and neglect.
``(c) Authorization of Appropriations.--
``(1) Regional centers.--To carry out subsection (a), there
is authorized to be appropriated $3,000,000 for each of fiscal
years 2011 through 2014.
``(2) Grant programs.--To carry out subsection (b), there
is authorized to be appropriated $2,000,000 for each of fiscal
years 2011 through 2014, of which--
``(A) $1,000,000 per fiscal year shall be allocated
to the program under paragraph (1) of such subsection;
and
``(B) $1,000,000 per fiscal year shall be allocated
to the program under paragraph (2) of such
subsection.''.
(b) Clerical Amendments.--The Child Abuse Prevention and Treatment
Act (42 U.S.C. 5101 et seq.) is amended--
(1) in section 1(b), by inserting after the item relating
to section 109 the following new item:
``109A. Regional training centers and grant programs.'';
and
(2) in section 112--
(A) in subsection (a)--
(i) in paragraph (1), by inserting
``(except section 109A)'' after ``this title'';
and
(ii) in paragraph (2)(A), by inserting
``(except for activities under section 109A)''
after ``this title''; and
(B) in subsection (b), by inserting ``(except for
funds appropriated under section 109A)'' after ``this
title''. | National Child Protection Training Act - Directs the Secretary of Health and Human Services (HHS) to enter into an agreement with the National Child Protection Training Center to establish and sustain Regional Training Centers in the midwestern, northeastern, southern, and western regions of this country.
Requires the Regional Training Centers to: (1) provide child protection professionals in the field with low-cost, high-quality training, technical assistance, and publications; (2) provide child protection professionals with ongoing training and assistance in developing evidence-based community prevention programs; (3) develop model undergraduate and graduate curricula on child maltreatment and, upon the Secretary's approval, disseminate them to institutions of higher education (IHEs); and (4) assist states in developing and maintaining forensic interview training programs.
Directs the National Child Protection Training Center to award grants to state and local governments and other nonprofit entities to: (1) assist state and local child protection professionals in developing statewide forensic interview training programs; or (2) expand forensic interview training programs to provide for additional, advanced forensic interview training courses.
Directs the National Child Protection Training Center to award grants to state and local governments and other nonprofit entities to assist IHEs in implementing or expanding model undergraduate or graduate curricula on child abuse and neglect. | {"src": "billsum_train", "title": "A bill to amend the Child Abuse Prevention and Treatment Act to establish grant programs for the development and implementation of model undergraduate and graduate curricula on child abuse and neglect at institutions of higher education throughout the United States and to assist States in developing forensic interview training programs, to establish regional training centers and other resources for State and local child protection professionals, and for other purposes."} | 1,397 | 272 | 0.675104 | 2.312671 | 0.918355 | 5.884 | 5.34 | 0.956 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Anton's Law''.
SEC. 2. IMPROVEMENT OF SAFETY OF CHILD RESTRAINTS IN PASSENGER MOTOR
VEHICLES.
(a) In General.--Not later than 12 months after the date of the
enactment of this Act, the Secretary of Transportation shall initiate a
rulemaking proceeding to establish performance requirements for child
restraints, including booster seats, for the restraint of children
weighing more than 50 pounds.
(b) Elements for Consideration.--In the rulemaking proceeding
required by subsection (a), the Secretary shall--
(1) consider whether to include injury performance criteria
for child restraints, including booster seats and other
products for use in passenger motor vehicles for the restraint
of children weighing more than 40 pounds, under the
requirements established in the rulemaking proceeding;
(2) consider whether to establish performance requirements
for seat belt fit when used with booster seats and other belt
guidance devices;
(3) consider whether to develop a solution for children
weighing more than 40 pounds who only have access to seating
positions with lap belts, such as allowing tethered child
restraints for such children; and
(4) review the definition of the term ``booster seat'' in
Federal motor vehicle safety standard No. 213 under section
571.213 of title 49, Code of Federal Regulation, to determine
if it is sufficiently comprehensive.
(c) Completion.--The Secretary shall complete the rulemaking
proceeding required by subsection (a) not later than 30 months after
the date of the enactment of this Act.
SEC. 3. REPORT ON DEVELOPMENT OF CRASH TEST DUMMY SIMULATING A 10-YEAR
OLD CHILD.
Not later than 120 days after the date of the enactment of this
Act, the Secretary of Transportation shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the U.S. House
of Representatives Committee on Energy and Commerce a report on the
current schedule and status of activities of the Department of
Transportation to develop, evaluate, and certify a commercially
available dummy that simulates a 10-year old child for use in testing
the effectiveness of child restraints used in passenger motor vehicles.
SEC. 4. REQUIREMENTS FOR INSTALLATION OF LAP AND SHOULDER BELTS.
(a) In General.--Not later than 24 months after the date of the
enactment of this Act, the Secretary of Transportation shall complete a
rulemaking proceeding to amend Federal motor vehicle safety standard
No. 208 under section 571.208 of title 49, Code of Federal Regulations,
relating to occupant crash protection, in order to--
(1) require a lap and shoulder belt assembly for each rear
designated seating position in a passenger motor vehicle with a
gross vehicle weight rating of 10,000 pounds or less, except
that if the Secretary determines that installation of a lap and
shoulder belt assembly is not practicable for a particular
designated seating position in a particular type of passenger
motor vehicle, the Secretary may exclude the designated seating
position from the requirement; and
(2) apply that requirement to passenger motor vehicles in
phases in accordance with subsection (b).
(b) Implementation Schedule.--The requirement prescribed under
subsection (a)(1) shall be implemented in phases on a production year
basis beginning with the production year that begins not later than 12
months after the end of the year in which the regulations are
prescribed under subsection (a). The final rule shall apply to all
passenger motor vehicles with a gross vehicle weight rating of 10,000
pounds or less that are manufactured in the third production year of
the implementation phase-in under the schedule.
(c) Report on Determination To Exclude.--
(1) Requirement.--If the Secretary determines under
subsection (a)(1) that installation of a lap and shoulder belt
assembly is not practicable for a particular designated seating
position in a particular type of motor vehicle, the Secretary
shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the U.S. House of
Representatives Committee on Energy and Commerce a report
specifying the reasons for the determination.
(2) Deadline.--The report under paragraph (1) shall be
submitted, if at all, not later than 30 days after the date on
which the Secretary issues a final rule under subsection (a).
SEC. 5. TWO-YEAR EXTENSION OF CHILD PASSENGER PROTECTION EDUCATION
GRANTS PROGRAM.
Section 2003(b)(7) of the Transportation Equity Act for the 21st
Century (23 U.S.C. 405 note; 112 Stat. 328) is amended by striking
``and 2001.'' and inserting ``through 2003.''
SEC. 6. GRANTS FOR IMPROVING CHILD PASSENGER SAFETY PROGRAMS.
(a) In General.--Chapter 4 of title 23, United States Code, is
amended by adding at the end the following new section:
``Sec. 412. Grant program for improving child passenger safety programs
``(a) Standards and Requirements Regarding Child Restraint Laws.--
Not later than October 1, 2002, the Secretary shall establish
appropriate criteria applicable to child restraint laws for purposes of
eligibility for grants under this section. The criteria shall be
consistent with the provisions of Anton's Law.
``(b) Requirement To Make Grants.--
``(1) In general.--The Secretary shall make a grant to each
State and Indian tribe that, as determined by the Secretary,
has a child restraint law in effect on September 30, 2004.
``(2) Limitation on number of grants.--Not more than one
grant may be made to a State or Indian tribe under this
section.
``(3) Commencement.--The requirement in paragraph (1) shall
commence on October 1, 2004.
``(c) Grant Amount.--The amount of the grant to a State or Indian
tribe under this section shall be the amount equal to five times the
amount provided to the State or Indian tribe, as the case may be, under
section 2003(b)(7) of the Transportation Equity Act for the 21st
Century (23 U.S.C. 405 note) in fiscal year 2003.
``(d) Use of Grant Amounts.--
``(1) In general.--A State or Indian tribe shall use any
amount received by the State or Indian tribe, as the case may
be, under this section to carry out child passenger protection
programs for children under the age of 16 years, including
programs for purposes as follows:
``(A) To educate the public concerning the proper
use and installation of child restraints, including
booster seats.
``(B) To train and retain child passenger safety
professionals, police officers, fire and emergency
medical personnel, and educators concerning all aspects
of the use of child restraints.
``(C) To provide child restraint systems, including
booster seats and the hardware needed for their proper
installation, to families that cannot otherwise afford
such systems.
``(D) To support enforcement of the child restraint
law concerned.
``(2) Limitation on federal share.--The Federal share of
the cost of a program under paragraph (1) that is carried out
using amounts from a grant under this section may not exceed 80
percent of the cost of the program.
``(e) Administrative Expenses.--The amount of administrative
expenses under this section in any fiscal year may not exceed the
amount equal to five percent of the amount available for making grants
under this section in the fiscal year.
``(f) Applicability of Chapter 1.--The provisions of section 402(d)
of this title shall apply to funds authorized to be appropriated to
make grants under this section as if such funds were highway safety
funds authorized to be appropriated to carry out section 402 of this
title.
``(g) Definitions.--In this section:
``(1) Child restraint law.--The term `child restraint law'
means a law that--
``(A) satisfies standards established by the
Secretary under Anton's Law for the proper restraint of
children who are over the age of 3 years or who weigh
at least 40 pounds;
``(B) prescribes a penalty for operating a
passenger motor vehicle in which any occupant of the
vehicle who is under the age of 16 years is not
properly restrained in an appropriate restraint system
(including seat belts, booster seats used in
combination with seat belts, or other child
restraints); and
``(C) meets any criteria established by the
Secretary under subsection (a) for purposes of this
section.
``(2) Passenger motor vehicle.--The term `passenger motor
vehicle' has the meaning given that term in section 405(f)(5)
of this title.
``(3) State.--The term `State' has the meaning given in
section 101 of this title and includes any Territory or
possession of the United States.''.
(b) Clerical Amendment.--The table of sections at the beginning of
that chapter is amended by inserting after the item relating to section
411 the following new item:
``412. Grant program for improving child passenger safety programs.''.
SEC. 7. DEFINITIONS.
In this Act:
(1) Child restraint.--The term ``child restraint'' means
any product designed to provide restraint to a child (including
booster seats and other products used with a lap and shoulder
belt assembly) that meets applicable Federal motor vehicle
safety standards prescribed by the National Highway Traffic
Safety Administration.
(2) Production year.--The term ``production year'' means
the 12-month period between September 1 of a year and August 31
of the following year.
(3) Passenger motor vehicle.--The term ``passenger motor
vehicle'' has the meaning given that term in section 405(f)(5)
of title 23, United States Code.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of
Transportation such sums as may be necessary to carry out this Act,
including the making of grants under section 412 of title 23, United
States Code, as added by section 6.
Passed the Senate February 25, 2002.
Attest:
JERI THOMSON,
Secretary. | Anton's Law - Directs the Secretary of Transportation to initiate a rulemaking proceeding to establish certain performance requirements for child restraints, including booster seats, for the restraint of children weighing more than 50 pounds.(Sec. 3) Directs the Secretary to report to specified congressional committees on the current schedule and status of Department of Transportation activities to develop, evaluate, and certify a commercially available dummy that simulates a ten-year old child for use in testing the effectiveness of child restraints used in passenger motor vehicles.(Sec. 4) Directs the Secretary to complete a rulemaking proceeding to amend certain Code of Federal Regulations motor vehicle safety standards relating to occupant crash protection in order to: (1) require a lap and shoulder belt assembly for each rear designated seating position in a passenger motor vehicle with a gross vehicle weight rating of 10,000 pounds or less (except that if the Secretary determines that installation of a lap and shoulder belt assembly is not practicable for a particular designated seating position in a particular type of passenger motor vehicle, then the Secretary may exclude the designated seating position from the requirement); and (2) apply such requirement to passenger motor vehicles in a certain phase-in schedule. Requires the Secretary to report to specified congressional committees if installation of a lap and shoulder belt assembly is not practicable for a particular designated seating position in a particular type of motor vehicle.(Sec. 5) Amends the Transportation Equity Act for the 21st Century to extend the child passenger protection education grants program for a two-year period.(Sec. 6) Amends Federal highway law to direct the Secretary to: (1) establish appropriate criteria applicable to child restraint laws for purposes of eligibility for grants on improving child passenger safety programs for children under the age of 16 years; and (2) make such grants to each State and Indian tribe that has a child restraint law in effect as of September 30, 2004. Sets forth certain grant requirements.(Sec. 8) Authorizes appropriations. | {"src": "billsum_train", "title": "A bill to provide for the improvement of the safety of child restraints in passenger motor vehicles, and for other purposes."} | 2,294 | 450 | 0.665525 | 2.195129 | 0.778314 | 5.433243 | 5.591281 | 0.920981 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gross Overcharging Undermines
Gasoline Economics Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) From May 2004 to May 2005, average United States
gasoline prices rose by 24 percent, according to the Energy
Information Administration.
(2) Most United States oil companies showed huge profits
last year, some as much as 200 percent. The American people
have paid over and above their fair share of this increased
cost. Consumers have been at the whim of oil companies who use
record-breaking oil prices to make record-breaking profits.
(3) Although 24 States have consumer protection statutes to
restrict prices that are ``unconscionable'', ``excessive'', or
``grossly in excess'' of a specified amount, in all but one of
those States the prohibition applies only during a state of
emergency or natural disaster.
(4) While consumers express concerns about being ``gouged''
when prices spike at the gas pump, there is no legal definition
of gouging. The Federal Trade Commission has never found a
violation of Federal antitrust laws related to gasoline price
spikes. An in-depth investigation of the entire oil industry is
necessary to determine whether extra charges are driven by
collusion among oil companies or simply by legitimate market
influences.
(5) With only a few nominal exceptions, gas prices are
expected to increase indefinitely. Higher fuel costs impact all
methods of transportation. As a result, the increased cost of
goods and services puts an even greater financial burden on
consumers.
SEC. 3. DEFINITIONS.
In this Act--
(1) the term ``base price index'' means the average of the
closing unit price on the New York Mercantile Exchange, for
contracts to purchase regular unleaded gasoline during the
subsequent calendar month, for the 10 days in each of the most
recent 2 preceding years which correspond to the 10 most recent
trading days; and
(2) the term ``rate of inflation'' means the average
consumer price index for all urban consumers, not seasonally
adjusted, which corresponds to the time period between the days
used for calculating the base price index under paragraph (1).
SEC. 4. GASOLINE PRICE GOUGING.
(a) Prohibition.--No person shall sell gasoline at retail for a
price that exceeds the base price index multiplied by twice the rate of
inflation, as adjusted according to the regional price structure index
developed under subsection (b).
(b) Regional Price Structure Index.--Not later than 30 days after
the date of enactment of this Act, the Secretary of Energy shall
develop a regional price structure index to reflect regional variances
in gasoline reformulation requirements and transportation costs.
(c) Penalty.--The Secretary of Energy shall assess a civil penalty
for a violation of subsection (a) in the amount of--
(1) not less than $5,000 for a first offense;
(2) not less than $10,000 for a second offense; and
(3) not more than $25,000 for any subsequent offense.
(d) Offenses.--Each day on which a person violates subsection (a)
shall constitute a separate offense for purposes of subsection (c).
(e) Effective Date.--This section, except for subsection (b), shall
take effect 90 days after the date of enactment of this Act.
SEC. 5. FEDERAL TRADE COMMISSION REPORT.
Not later than 1 year after the date of enactment of this Act, and
annually thereafter, the Federal Trade Commission shall transmit to
Congress a report that--
(1) examines passive and active collusion to set gasoline
prices;
(2) examines antitrust practices throughout all supply
chains in the oil industry; and
(3) recommends policies to protect consumers against
gasoline price gouging.
SEC. 6. STRATEGIC PETROLEUM RESERVE.
(a) Findings.--Congress finds that--
(1) the Strategic Petroleum Reserve was created to enhance
the physical and economic security of the United States;
(2) the Energy Policy and Conservation Act allows the
Strategic Petroleum Reserve to be used to provide relief when
oil and gasoline supply shortages cause economic hardship;
(3) the proper management of the resources of the Strategic
Petroleum Reserve could provide gasoline price relief to
families of the United States and provide the United States
with a tool to counterbalance the Organization of Petroleum
Exporting Countries' supply management policies; and
(4) the United States current policy of filling the
Strategic Petroleum Reserve despite the fact that the Strategic
Petroleum Reserve is more than 98 percent full could further
exacerbate the rising price of crude oil and record high retail
price of gasoline.
(b) Price Protection Measures.--
(1) Initial measures.--For the period beginning on the date
of enactment of this Act and ending on the date that is 30 days
after such date of enactment--
(A) the Secretary of Energy shall not acquire any
new petroleum products for, or place any petroleum
products in, the Strategic Petroleum Reserve; and
(B) the Secretary of Energy shall release from the
Strategic Petroleum Reserve 1,000,000 barrels of oil
per day.
(2) Subsequent measures.--If the President finds it
necessary, to lower the burden of gasoline prices on the
economy of the United States and to circumvent the efforts of
the Organization of Petroleum Exporting Countries to reap
windfall crude oil profits, the Secretary may continue the
measures described in paragraph (1)(A) and (B) for an
additional 30 days.
SEC. 7. PRICING AND ECONOMIC IMPACT COMMISSION.
(a) Establishment.--The Secretary of Energy shall establish a
commission to be known as the ``Pricing and Economic Impact
Commission'' (in this section referred to as the ``Commission'').
(b) Duties of Commission.--Not later than 1 year after the date of
enactment of this Act, the Commission shall transmit to Congress a
report containing recommendations on the effect of this Act on--
(1) domestic oil production;
(2) foreign oil imports;
(3) profits of the oil industry;
(4) inflation;
(5) employment;
(6) economic growth;
(7) Federal revenues; and
(8) national security.
(c) Membership.--
(1) Number and appointment.--The Commission shall be
composed of 23 members as follows:
(A) 11 members appointed by the President. These
shall include no less than 1 member from each of the
Environmental Protection Agency, the Department of
Transportation, the Department of Energy, the
Department of Commerce, the Council of Economic
Advisors, and the Office of Science and Technology.
(B) 6 members appointed by the House of
Representatives, of whom 3 shall be appointed by the
Speaker of the House of Representatives and 3 shall be
appointed by the minority leader.
(C) 6 members appointed by the Senate, of whom 3
shall be appointed by the majority leader and 3 shall
be appointed by the minority leader.
(2) Qualifications.--In making appointments under this
subsection, the appointing authorities shall make a special
effort to appoint individuals who are particularly qualified to
perform the functions of the Commission, by reason of either
practical experience or academic expertise.
(3) Terms and vacancies.--Each member shall be appointed
for the life of the Commission. A vacancy in the Commission
shall be filled in the manner in which the original appointment
was made.
(4) Pay and travel.--Each member of the Commission, other
than a full-time officer or employee of the United States--
(A) shall be paid the daily equivalent of the
annual rate of basic pay payable for level V of the
Executive Schedule for each day (including travel time)
during which the member is engaged in the actual
performance of duties vested in the Commission; and
(B) 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.
(5) Quorum.--12 members of the Commission shall constitute
a quorum, but a lesser number may hold hearings.
(6) Chairman.--The Chairman of the Commission shall be
elected by the members.
(7) Meetings.--The Commission shall meet at the call of the
Chairman or a majority of its members.
(d) Staff.--
(1) In general.--With the approval of the Commission, the
Chairman may appoint and fix the pay of not more than six
individuals for the staff of the Commission. Such individuals
may be appointed without regard to the provisions of title 5,
United States Code, governing appointments in the competitive
service, and may be paid without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of that title
relating to classification and General Schedule pay rates,
except that an individual so appointed may not receive pay in
excess of the maximum annual rate of basic pay payable for
grade GS-15 of the General Schedule under section 5332 of title
5, United States Code.
(2) Experts and consultants.--With the approval of the
Commission, the Chairman may procure temporary and intermittent
services in the manner prescribed in section 3109(b) of title
5, United States Code, but at rates for individuals not to
exceed the daily equivalent of the maximum annual rate of basic
pay payable for grade GS-15 of the General Schedule under
section 5332 of title 5, United States Code.
(3) Staff of federal agencies.--Upon request of the
Commission, the head of any Federal department or agency may
detail, on a reimbursable basis, any of the personnel of that
department or agency to the Commission to assist it in carrying
out its duties under this section.
(e) Powers of Commission.--
(1) Hearings.--The Commission may, for the purpose of
carrying out this section, hold hearings, sit and act at times
and places, take testimony, and receive evidence as the
Commission considers appropriate.
(2) Members and agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any
action which the Commission is authorized to take by this
subsection.
(3) Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as departments
and agencies of the United States.
(4) Administrative support services.--Upon the request of
the Commission, the Administrator of General Services shall
provide to the Commission, on a reimbursable basis, the
administrative support services necessary for the Commission to
carry out its responsibilities under this section.
(f) Authorization of Appropriations.--There will be authorized to
be appropriated to carry out this section $2,000,000, to remain
available until expended.
(g) Termination.--The Commission shall cease to exist on the last
day of the month in which its report is submitted under subsection (b). | Gross Overcharging Undermines Gasoline Economics Act - Prohibits retail sales of gasoline for a price that exceeds the base price index multiplied by twice the rate of inflation, as adjusted according to a certain regional price structure index.
Instructs the Secretary of Energy to: (1) develop a regional price structure index to reflect regional variances in gasoline reformulation requirements and transportation costs; and (2) assess a civil penalty for a violation of this Act.
Directs the Federal Trade Commission to report annually to Congress on: (1) passive and active collusion to set gasoline prices;(2) antitrust practices throughout all supply chains in the oil industry; and (3) recommendations to protect consumers against gasoline price gouging.
Prohibits the Secretary from acquiring new petroleum products for, or placing any petroleum products in, the Strategic Petroleum Reserve (SPR).
Directs the Secretary to release from the SPR one million barrels of oil per day.
Establishes the Pricing and Economic Impact Commission to report to Congress on the effect of this Act upon: (1) domestic oil production; (2) foreign oil imports; (3) profits of the oil industry; (4) inflation; (5) employment; (6) economic growth; (7) federal revenues; and (8) national security. | {"src": "billsum_train", "title": "To provide for the assessment of a penalty to gasoline retailers who charge prices grossly in excess of the prescribed index price for gasoline."} | 2,315 | 263 | 0.571894 | 1.758142 | 0.785516 | 5.044534 | 8.975709 | 0.939271 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Muscogee Nation of Florida Federal
Recognition Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Muscogee Nation of Florida is composed of lineal
descendants of persons who were historically part of the Creek
Confederacy, which relocated from Daleville, Alabama, and other
areas of southern Alabama to the State of Florida between 1812
and 1887;
(2) those Creek persons settled in the north Florida
panhandle in autonomous communities (referred to in the
constitution of the Muscogee Nation as ``Townships''),
continuing the lifestyle and traditions practiced by the
historic Creek Nation of Alabama and Georgia;
(3)(A) on dissolution of the Creek Confederacy, the
ancestors of current members of the Muscogee Nation of Florida
relocated and reestablished home sites, traditions, ceremonial
centers, tribal government (including through the traditional
appointment of tribal leaders), and tribal economy in rural
areas of the State of Florida;
(B) the relocation described in subparagraph (A) did not
prevent the Nation from--
(i) continuing to exercise the governing powers of
the Nation;
(ii) providing services to members of the Nation;
or
(iii) enjoying the communal lifestyle of the
Nation; and
(C) some members of the Nation remain on original home
sites of their Creek ancestors;
(4) members of the Nation--
(A) participated in the 1814 Treaty of Ft. Jackson
and the Apalachicola Treaty of October 11, 1832; and
(B) were included in the Abbott-Parsons Creek
Census, dated 1832 and 1833;
(5) members of the Nation have established an ancestral
claim to land taken from the Nation by General Andrew Jackson
in the aftermath of the War of 1812 pursuant to the 1814 Treaty
of Ft. Jackson;
(6) beginning in 1971, the Secretary of the Interior
distributed to members of the Nation in 3 actions per capita
payments for land claim settlements;
(7)(A) in 1974, the State of Florida established the
Northwest Florida Creek Indian Council to manage issues
relating to Creek Indians in northwest Florida; and
(B) in 1978, the Council held an election for
representatives to the tribal government known as the ``Florida
Tribe of Eastern Creek Indians'', which is now the Muscogee
Nation of Florida;
(8) the community of Bruce in Walton County, Florida, has
been a governing center for the Nation for more than 150 years;
(9) in the community of Bruce, the Nation--
(A) beginning in the early 1860s, used and
maintained the Antioch Cemetery, which remains in use
by members of the Nation as of the date of enactment of
this Act;
(B) between 1895 and 1947, maintained a school that
was attended by members of the Nation;
(C) in 1912, established a church that is
recognized by the Methodist Conference as a Native
American church; and
(D) maintained a ceremonial area on Bruce Creek
that was attended until the late 1920s;
(10) the ceremonial area of the Nation, as in existence on
the date of enactment of this Act--
(A) is located in the community of Blountstown,
Florida, one of the reservations referred to in the
Apalachicola Treaty of October 11, 1832; and
(B) is the site of continuing ceremonies, such as
Green Corn, and traditional events;
(11) local governments have recognized the community of
Bruce as the center of tribal government of the Nation; and
(12) during the 30-year period preceding the date of
enactment of this Act, the Nation has received Federal, State,
and local grants, and entered into contracts, to provide
services and benefits to members of the Nation.
SEC. 3. DEFINITIONS.
In this Act:
(1) Member.--The term ``member'' means--
(A) an individual who is an enrolled member of the
Nation as of the date of enactment of this Act; and
(B) an individual who has been placed on the
membership rolls of the Nation in accordance with this
Act.
(2) Nation.--The term ``Nation'' means the Muscogee Nation
of Florida (formerly known as the ``Florida Tribe of Eastern
Creek Indians'').
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Tribal council.--The term ``Tribal Council'' means the
governing body of the Nation.
SEC. 4. FEDERAL RECOGNITION.
(a) Recognition.--
(1) In general.--Federal recognition is extended to the
Nation.
(2) Applicability of laws.--All laws (including
regulations) of the United States of general applicability to
Indians or nations, Indian tribes, or bands of Indians
(including the Act of June 18, 1934 (25 U.S.C. 461 et seq.))
that are not inconsistent with this Act shall be applicable to
the Nation and members.
(b) Federal Services and Benefits.--
(1) In general.--On and after the date of enactment of this
Act, the Nation and members shall be eligible for all services
and benefits provided by the Federal Government to federally
recognized Indian tribes without regard to--
(A) the existence of a reservation for the Nation;
or
(B) the location of the residence of any member on
or near any Indian reservation.
(2) Service area.--For the purpose of the delivery of
Federal services to members, the service area of the Nation
shall be considered to be--
(A) the community of Bruce in Walton County,
Florida; and
(B) an area in the State of Florida in which
members reside that is bordered--
(i) on the west by the Escambia River; and
(ii) on the east by the St. Marks River.
SEC. 5. CONSTITUTION AND BYLAWS.
(a) In General.--The constitution and bylaws of the Nation shall be
the constitution and bylaws of the Tribal Council dated January 21,
2001 (including amendments), as submitted to the Secretary for approval
on recognition.
(b) New Constitution and Bylaws.--On receipt of a written request
of the Tribal Council, the Secretary shall hold a referendum for
members for the purpose of adopting a new constitution and bylaws, in
accordance with section 16 of the Act of June 18, 1934 (25 U.S.C. 476).
SEC. 6. TRIBAL COUNCIL.
The Tribal Council--
(1) shall represent the Nation and members; and
(2) may--
(A) enter into any contract, grant agreement, or
other agreement with any Federal department or agency;
(B) carry out or administer such programs as the
Tribal Council determines to be appropriate to carry
out the contracts and agreements; and
(C) designate a successor in interest pursuant to a
new constitution or bylaw of the Nation adopted under
section 5(b).
SEC. 7. MEMBERSHIP ROLL.
The membership roll of the Nation shall be determined in accordance
with the membership criteria established by the ordinance of the Nation
numbered 04-01-100 and dated February 7, 2004.
SEC. 8. LAND IN TRUST.
The Secretary is authorized to take land in trust on behalf of the
Muscogee Nation of Florida pursuant to part 151 of title 25, Code of
Federal Regulations. | Muscogee Nation of Florida Federal Recognition Act This bill extends federal recognition to the Muscogee Nation of Florida, which makes its members eligible for the services and benefits provided to members of federally recognized Indian tribes. The service area of the tribe, for the purpose of delivering federal services to members, is the community of Bruce in Walton County, Florida, and an area in Florida in which members reside that is bordered on the west by the Escambia River and on the east by the St. Marks River. The constitution and bylaws of the tribe must be the constitution and bylaws of the tribe's Tribal Council dated January 21, 2001, including amendments. The Department of the Interior, upon receipt of a written request of the Tribal Council, must hold a referendum for members to adopt a new constitution and bylaws. The role and duties of the Tribal Council are specified. The membership roll of the tribe must be determined in accordance with the membership criteria established by the ordinance of the tribe numbered 04-01-100 and dated February 7, 2004. Interior may take land into trust on behalf of the tribe. | {"src": "billsum_train", "title": "Muscogee Nation of Florida Federal Recognition Act"} | 1,649 | 246 | 0.529618 | 1.625522 | 0.6726 | 4.643519 | 7.037037 | 0.912037 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native American Small Business
Development Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) Approximately 60 percent of Indian tribe members and
Alaska Natives live on or adjacent to Indian lands, which
suffer from an average unemployment rate of 45 percent.
(2) Indian tribe members and Alaska Natives own more than
197,000 businesses and generate more than $34,000,000,000 in
revenues. The service industry accounted for 17 percent of
these businesses (of which 40 percent were engaged in business
and personal services) and 15.1 percent of their total
receipts. The next largest was the construction industry (13.9
percent and 15.7 percent, respectively). The third largest was
the retail trade industry (7.5 percent and 13.4 percent,
respectively).
(3) The number of businesses owned by Indian tribe members
and Alaska Natives grew by 84 percent from 1992 to 1997, and
their gross receipts grew by 179 percent in that period. This
is compared to all businesses which grew by 7 percent, and
their total gross receipts grew by 40 percent, in that period.
(4) The Small Business Development Center program is cost
effective. Clients receiving long-term counseling under the
program in 1998 generated additional tax revenues of
$468,000,000, roughly 6 times the cost of the program to the
Federal Government.
(5) Using the existing infrastructure of the Small Business
Development Center program, small businesses owned by Indian
tribe members, Alaska Natives, and Native Hawaiians receiving
services under the program will have a higher survival rate
than the average small business not receiving such services.
(6) Business counseling and technical assistance is
critical on Indian lands where similar services are scarce and
expensive.
(7) Increased assistance through counseling under the Small
Business Development Center program has been shown to reduce
the default rate associated with lending programs of the Small
Business Administration.
(b) Purposes.--The purposes of this Act are as follows:
(1) To stimulate economies on Indian lands.
(2) To foster economic development on Indian lands.
(3) To assist in the creation of new small businesses owned
by Indian tribe members, Alaska Natives, and Native Hawaiians
and expand existing ones.
(4) To provide management, technical, and research
assistance to small businesses owned by Indian tribe members,
Alaska Natives, and Native Hawaiians.
(5) To seek the advice of the governing bodies of Indian
tribes, corporations organized pursuant to the Alaska Native
Claims Settlement Act and other Alaska Native entities, and
Native Hawaiian organizations on where small business
development assistance is most needed.
(6) To ensure that Indian tribe members, Alaska Natives,
and Native Hawaiians have full access to existing business
counseling and technical assistance available through the Small
Business Development Center program.
SEC. 3. SMALL BUSINESS DEVELOPMENT CENTER ASSISTANCE TO INDIAN TRIBE
MEMBERS, ALASKA NATIVES, AND NATIVE HAWAIIANS.
(a) In General.--Section 21(a) of the Small Business Act (15 U.S.C.
648(a)) is amended by adding at the end the following:
``(7) Additional grant to assist indian tribe members,
alaska natives, and native hawaiians.--
``(A) In general.--Any applicant in an eligible
State that is funded by the Administration as a Small
Business Development Center may apply for an additional
grant to be used solely to provide services described
in subsection (c)(3) to assist with outreach,
development, and enhancement of small business startups
and expansions that are owned by Indian tribe members,
Alaska Natives, or Native Hawaiians and that are
located in Alaska or Hawaii, or on Indian lands in the
48 contiguous States.
``(B) Eligible states.--For purposes of
subparagraph (A), an eligible State is a State that has
a combined population of Indian tribe members, Alaska
Natives, and Native Hawaiians that comprises at least 1
percent of the State's total population, as shown by
the latest available census.
``(C) Grant applications.--An applicant for a grant
under subparagraph (A) shall submit to the Associate
Administrator an application that is in such form as
the Associate Administrator may require. The
application shall include information regarding the
applicant's goals and objectives for the services to be
provided using the grant, including--
``(i) the capability of the applicant to
provide training and services to a
representative number of Indian tribe members,
Alaska Natives, and Native Hawaiians;
``(ii) the location of the Small Business
Development Center site proposed by the
applicant;
``(iii) the required amount of grant
funding needed by the applicant to implement
the program; and
``(iv) the extent to which the applicant
has consulted with the governing bodies of
Indian tribes, corporations organized pursuant
to the Alaska Native Claims Settlement Act and
other Alaska Native entities, and Native
Hawaiian organizations, as appropriate.
``(D) Applicability of grant requirements.--An
applicant for a grant under subparagraph (A) shall
comply with all of the requirements of this section,
except that the matching funds requirements of
paragraph (4)(A) shall not apply.
``(E) Maximum amount of grants.--No applicant may
receive more than $300,000 in grants under this
paragraph in a fiscal year.
``(F) Regulations.--After providing notice and an
opportunity for comment and after consulting with the
Association recognized by the Administration pursuant
to paragraph (3)(A) (but not later than 180 days after
the date of enactment of this paragraph), the
Administrator shall issue final regulations to carry
out this paragraph, including regulations that
establish--
``(i) standards relating to educational,
technical, and support services to be provided
by Small Business Development Centers receiving
assistance under this paragraph; and
``(ii) standards relating to any work plan
that the Associate Administrator may require a
Small Business Development Center receiving
assistance under this paragraph to develop.
``(G) Definitions.--In this paragraph, the
following definitions apply:
``(i) Associate administrator.--The term
`Associate Administrator' means the Associate
Administrator for Small Business Development
Centers.
``(ii) Indian lands.--The term `Indian
lands' means, in the 48 contiguous States, land
that is a `reservation' for the purposes of
section 4 of the Indian Child Welfare Act of
1978 (25 U.S.C. 1903) and land that is an
`Indian reservation' for the purposes of
section 151.2 of title 25, Code of Federal
Regulations (as in effect on the date of
enactment of this paragraph).
``(iii) Indian tribe.--The term `Indian
tribe' means a federally recognized Indian
tribe.
``(iv) Indian tribe member.--The term
`Indian tribe member' means an individual who
is a member of an Indian tribe.
``(v) Alaska Native.--The term `Alaska
Native' means an individual who is--
``(I) a `Native' for the purposes
of section 3(b) of the Alaska Native
Claims Settlement Act (43 U.S.C.
1602(b));
``(II) a descendent of an
individual who is a `Native' for the
purposes of section 3(b) of the Alaska
Native Claims Settlement Act (43 U.S.C.
1602(b)); or
``(III) a Tsimshian Indian who is
an enrolled member of the Metlakatla
Indian Community.
``(vi) Native hawaiian.--The term `Native
Hawaiian' means any individual who is a
descendant of the aboriginal people, who prior
to 1778, occupied and exercised sovereignty in
the area that now constitutes the State of
Hawaii.
``(H) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
paragraph $7,000,000 for each of fiscal years 2002
through 2004.
``(I) Funding limitations.--
``(i) Nonapplicability of certain
limitations.--Funding under this paragraph
shall be in addition to the dollar program
limitations specified in paragraph (4).
``(ii) Limitation on use of funds.--The
Administration may carry out this paragraph
only with amounts appropriated in advance
specifically to carry out this paragraph.''.
SEC. 4. STATE CONSULTATION WITH LOCAL TRIBAL COUNCILS.
Section 21(c) of the Small Business Act (15 U.S.C. 648(c)) is
amended by adding at the end the following:
``(9) Advice of governing bodies of indian tribes, alaska
native corporations and other entities, and native hawaiian
organizations.--A State receiving grants under this section
shall request the advice of the governing bodies of Indian
tribes, corporations organized pursuant to the Alaska Native
Claims Settlement Act and other Alaska Native entities, and
Native Hawaiian organizations, as appropriate, on how best to
provide assistance to Indian tribe members, Alaska Natives, and
Native Hawaiians and where to locate satellite centers to
provide such assistance.''.
Passed the House of Representatives December 5, 2001.
Attest:
JEFF TRANDAHL,
Clerk. | Native American Small Business Development Act - Amends the Small Business Act to authorize a Small Business Development Center in an eligible State to apply for an additional Small Business Administration grant to be used solely to provide specified services to assist with outreach, development, and enhancement on Indian lands of small business startups and expansions that are owned by Indian tribe members, Alaska Natives, or Native Hawaiians (members and Natives) and that are located in Alaska or Hawaii, or on Indian lands in the 48 contiguous States. Defines an eligible State as one in which such members, Alaska Natives, and Native Hawaiians comprise at least one percent of its population. Limits each recipient to $300,000 in such grants in a fiscal year. Authorizes appropriations.Requires a State receiving a small business development center program grant to request the advice of the governing bodies of Indian tribes, corporations organized pursuant to the Alaska Native Claims Settlement Act and other Alaska Native entities, and Native Hawaiian organizations, as appropriate, on how best to provide assistance to such members, Alaska Natives, and Native Hawaiians and where to locate satellite centers to provide such assistance. | {"src": "billsum_train", "title": "To amend the Small Business Act to expand and improve the assistance provided by Small Business Development Centers to Indian tribe members, Alaska Natives, and Native Hawaiians."} | 2,062 | 250 | 0.582165 | 1.835225 | 0.908685 | 5.544601 | 8.798122 | 0.943662 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Verify First Act''.
SEC. 2. VERIFICATION OF STATUS IN UNITED STATES AS CONDITION OF
RECEIVING ADVANCE PAYMENT OF HEALTH INSURANCE PREMIUM TAX
CREDIT.
(a) Application to Current Health Insurance Premium Tax Credit.--
Section 36B of the Internal Revenue Code of 1986, as in effect for
months beginning before January 1, 2020, is amended by redesignating
subsection (g) as subsection (h) and by inserting after subsection (f)
the following new subsection:
``(g) Verification of Status in United States for Advance
Payment.--No advance payment of the credit allowed under this section
with respect to any premium under subsection (b)(2)(A) with respect to
any individual shall be made under section 1412 of the Patient
Protection and Affordable Care Act unless the Secretary has received
confirmation from the Secretary of Health and Human Services that the
Commissioner of Social Security or the Secretary of Homeland Security
has verified under section 1411(c)(2) of such Act the individual's
status as a citizen or national of the United States or an alien
lawfully present in the United States using a process that includes the
appropriate use of information related to citizenship or immigration
status, such as social security account numbers (but not individual
taxpayer identification numbers).''.
(b) Application to New Health Insurance Premium Tax Credit.--
Section 36B of the Internal Revenue Code of 1986, as amended by the
American Health Care Act of 2017 and in effect for months beginning
after December 31, 2019, is amended by adding at the end the following
new subsection:
``(h) Verification of Status in United States for Advance
Payment.--No advance payment of the credit allowed under this section
with respect to any amount under subparagraph (A) or (B) of subsection
(b)(1) with respect to any individual shall be made under section 1412
of the Patient Protection and Affordable Care Act unless the Secretary
has received confirmation from the Secretary of Health and Human
Services that the Commissioner of Social Security or the Secretary of
Homeland Security has verified under section 1411(c)(2) of such Act the
individual's status as a citizen or national of the United States or a
qualified alien (within the meaning of section 431 of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (8
U.S.C. 1641)) using a process that includes the appropriate use of
information related to citizenship or immigration status, such as
social security account numbers (but not individual taxpayer
identification numbers).''.
(c) Conforming Amendment on Continuous Health Insurance Coverage
Provision.--Section 2710A(b)(1) of the Public Health Service Act, as
added by section 133 of the American Health Care Act of 2017, is
amended by adding after subparagraph (C) the following:
``In the case of an individual who applies for advance payment
of a credit under section 1412 of the Patient Protection and
Affordable Care Act and for whom a determination of eligibility
for such advance payment is delayed by reason of the
requirement for verification of the individual's status in the
United States under section 1411(c)(2) of such Act, the period
of days beginning with the date of application for advance
payment and ending with the date of such verification shall not
be taken into account in applying subparagraph (B). The
Secretary shall establish a procedure by which information
relating to this period is provided to the individual.''.
(d) Delay Permitted in Coverage Date in Case of Delay in
Verification of Status for Individuals Applying for Advance Payment of
Credit.--Section 1411(e) of the Patient Protection and Affordable Care
Act (42 U.S.C. 18081(e)) is amended--
(1) in paragraph (3), by inserting after ``applicant's
eligibility'' the following: ``(other than eligibility for
advance payment of a credit under section 1412)''; and
(2) by adding at the end the following new paragraph:
``(5) Delay permitted in coverage date in case of delay in
verification of status for individuals applying for advance
payment of credit.--In the case of an individual whose
eligibility for advance payments is delayed by reason of the
requirement for verification under subsection (c)(2), if, for
coverage to be effective as of the date requested in the
individual's application for enrollment, the individual would
(but for this paragraph) be required to pay 2 or more months of
retroactive premiums, the individual shall be provided the
option to elect to postpone the effective date of coverage to
the date that is not more than 1 month later than the date
requested in the individual's application for enrollment.''.
(e) Effective Dates.--
(1) Application to current health insurance premium tax
credit.--The amendment made by subsection (a) is contingent
upon the enactment of the American Health Care Act of 2017 and
shall apply (if at all) to months beginning after December 31,
2017.
(2) Application to new health insurance premium tax
credit.--The amendment made by subsection (b) is contingent
upon the enactment of the American Health Care Act of 2017 and
shall apply (if at all) to months beginning after December 31,
2019, in taxable years ending after such date.
(3) Conforming amendment on continuous health insurance
coverage provision.--The amendment made by subsection (c) is
contingent upon the enactment of the American Health Care Act
of 2017 and shall take effect (if at all) as if included in
such Act.
(4) Flexibility in coverage date in case of delay in
verification of status.--The amendment made by subsection (d)
is contingent upon the enactment of the American Health Care
Act of 2017 and shall apply (if at all) to applications for
advance payments for months beginning after December 31, 2017.
Passed the House of Representatives June 13, 2017.
Attest:
KAREN L. HAAS,
Clerk. | (This measure has not been amended since it was reported to the House on June 2, 2017. Verify First Act (Sec. 2) This bill amends the Internal Revenue Code to prohibit advance payments of the premium assistance tax credit from being made to an individual unless the Department of the Treasury has received confirmation from the Department of Health and Human Services that the Social Security Administration or the Department of Homeland Security has verified the individual's status as a citizen or national of the United States or an alien lawfully present in the United States. The verification process must include the appropriate use of information related to citizenship or immigration status, such as Social Security numbers (but not individual taxpayer identification numbers). The bill also amends the Public Health Service Act and the Patient Protection and Affordable Care Act to permit adjustments to certain health insurance coverage dates for an individual whose eligibility for advance payments is delayed due to the verification requirements. The bill is contingent on the enactment of the American Health Care Act of 2017 (AHCA). If the AHCA is enacted, the bill applies to: (1) the existing tax credit after December 31, 2017; and (2) the tax credit, as modified by the AHCA, after December 31, 2019. | {"src": "billsum_train", "title": "Verify First Act"} | 1,286 | 249 | 0.668894 | 1.984641 | 0.816689 | 3.677551 | 4.885714 | 0.836735 |
SECTION 1. ROLLOVER OF AMOUNTS RECEIVED IN AIRLINE CARRIER BANKRUPTCY.
(a) General Rules.--
(1) Rollover of airline payment amount.--If a qualified
airline employee receives any airline payment amount and
transfers any portion of such amount to a traditional IRA
within 180 days of receipt of such amount (or, if later, within
180 days of the date of the enactment of this Act), then such
amount (to the extent so transferred) shall be treated as a
rollover contribution described in section 402(c) of the
Internal Revenue Code of 1986. A qualified airline employee
making such a transfer may exclude from gross income the amount
transferred, in the taxable year in which the airline payment
amount was paid to the qualified airline employee by the
commercial passenger airline carrier.
(2) Transfer of amounts attributable to airline payment
amount following rollover to roth ira.--A qualified airline
employee who made a rollover of an airline payment amount to a
Roth IRA pursuant to section 125 of the Worker, Retiree, and
Employer Recovery Act of 2008, may transfer to a traditional
IRA all or any part of the Roth IRA attributable to such
rollover, and the transfer to the traditional IRA will be
deemed to have been made at the time of the rollover to the
Roth IRA, if such transfer is made within 180 days of the date
of the enactment of this Act. A qualified airline employee
making such a transfer may exclude from gross income the
airline payment amount previously rolled over to the Roth IRA,
to the extent an amount attributable to the previous rollover
was transferred to a traditional IRA, in the taxable year in
which the airline payment amount was paid to the qualified
airline employee by the commercial passenger airline carrier.
(3) Extension of time to file claim for refund.--A
qualified airline employee who excludes an amount from gross
income in a prior taxable year under paragraph (1) or (2) may
reflect such exclusion in a claim for refund filed within the
period of limitation under section 6511(a) (or, if later, April
15, 2011).
(b) Treatment of Airline Payment Amounts and Transfers for
Employment Taxes.--For purposes of chapter 21 of the Internal Revenue
Code of 1986 and section 209 of the Social Security Act, an airline
payment amount shall not fail to be treated as a payment of wages by
the commercial passenger airline carrier to the qualified airline
employee in the taxable year of payment because such amount is excluded
from the qualified airline employee's gross income under subsection
(a).
(c) Definitions and Special Rules.--For purposes of this section--
(1) Airline payment amount.--
(A) In general.--The term ``airline payment
amount'' means any payment of any money or other
property which is payable by a commercial passenger
airline carrier to a qualified airline employee--
(i) under the approval of an order of a
Federal bankruptcy court in a case filed after
September 11, 2001, and before January 1, 2007,
and
(ii) in respect of the qualified airline
employee's interest in a bankruptcy claim
against the carrier, any note of the carrier
(or amount paid in lieu of a note being
issued), or any other fixed obligation of the
carrier to pay a lump sum amount.
The amount of such payment shall be determined without
regard to any requirement to deduct and withhold tax
from such payment under sections 3102(a) and 3402(a).
(B) Exception.--An airline payment amount shall not
include any amount payable on the basis of the
carrier's future earnings or profits.
(2) Qualified airline employee.--The term ``qualified
airline employee'' means an employee or former employee of a
commercial passenger airline carrier who was a participant in a
defined benefit plan maintained by the carrier which--
(A) is a plan described in section 401(a) of the
Internal Revenue Code of 1986 which includes a trust
exempt from tax under section 501(a) of such Code, and
(B) was terminated or became subject to the
restrictions contained in paragraphs (2) and (3) of
section 402(b) of the Pension Protection Act of 2006.
(3) Traditional ira.--The term ``traditional IRA'' means an
individual retirement plan (as defined in section 7701(a)(37)
of the Internal Revenue Code of 1986) which is not a Roth IRA.
(4) Roth ira.--The term ``Roth IRA'' has the meaning given
such term by section 408A(b) of such Code.
(d) Surviving Spouse.--If a qualified airline employee died after
receiving an airline payment amount, or if an airline payment amount
was paid to the surviving spouse of a qualified airline employee in
respect of the qualified airline employee, the surviving spouse of the
qualified airline employee may take all actions permitted under section
125 of the Worker, Retiree and Employer Recovery Act of 2008, or under
this section, to the same extent that the qualified airline employee
could have done had the qualified airline employee survived.
(e) Effective Date.--This section shall apply to transfers made
after the date of the enactment of this Act with respect to airline
payment amounts paid before, on, or after such date. | Allows commercial airline employees who were participants in a tax-exempt defined benefit pension plan of a commercial airline that was terminated or otherwise restricted to transfer to a traditional individual retirement account (IRA) any amount received from the airline resulting from a bankruptcy proceeding filed after September 11, 2001, and before January 1, 2007. Excludes from the gross income of such employees any such amount received from an airline. | {"src": "billsum_train", "title": "To provide for rollover treatment to traditional IRAs of amounts received in airline carrier bankruptcy."} | 1,171 | 86 | 0.613164 | 1.429147 | 0.893302 | 2.833333 | 13.487179 | 0.858974 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Development
Association Replenishment Act of 2008''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Greenhouse gas.--The term ``greenhouse gas'' means
carbon dioxide, methane, nitrous oxide, sulfur hexafluoride, a
perfluorocarbon, or a hydrofluorocarbon.
(2) Multilateral development bank.--The term ``multilateral
development bank'' has the meaning given that term in section
1307 of the International Financial Institutions Act (Public
Law 95-118; 22 U.S.C. 262m-7).
SEC. 3. INTERNATIONAL DEVELOPMENT ASSOCIATION.
The International Development Association Act (22 U.S.C. 284 et
seq.) is amended by adding at the end the following:
``SEC. 24. FIFTEENTH REPLENISHMENT.
``(a) The United States Governor of the International Development
Association is authorized to contribute on behalf of the United States
$3,705,000,000 to the fifteenth replenishment of the resources of the
Association, subject to obtaining the necessary appropriations.
``(b) In order to pay for the United States contribution provided
for in subsection (a), there are authorized to be appropriated
$3,705,000,000 for payment by the Secretary of the Treasury.''.
SEC. 4. ANTICORRUPTION TRUST PILOT PROGRAM.
(a) Authorization.--The Secretary of the Treasury (referred to in
this section as the ``Secretary'') is authorized to negotiate the
creation of a pilot program that establishes an anticorruption trust at
the World Bank, in accordance with this section.
(b) Purposes.--The Secretary shall support the creation of an
Anticorruption Trust Pilot Program (referred to in this section as the
``Trust'') whose purposes include--
(1) assisting poor countries in investigations and
prosecutions of fraud and corruption related to a loan, grant,
or credit from the World Bank; and
(2) determining whether such a program should be carried
out at other multilateral development banks.
(c) Poor Countries Defined.--In this section, the term ``poor
countries'' means countries that are eligible to borrow from the
International Development Association, as such eligibility is
determined by gross national product per capita, lack of
creditworthiness to borrow on market terms, and good policy
performance.
(d) Repayment of Funds.--The Secretary may support a policy that
allows a poor country that assesses a fine or receives any proceeds as
a result of a prosecution paid for with funds from the Trust to repay
the amount received from the Trust, up to the total amount received by
such country.
(e) Monitoring.--The Secretary shall be responsible for
establishing a system for--
(1) monitoring the disbursement and use of funds from the
Trust; and
(2) promoting access to such funds by poor countries that
are challenged by the high cost of investigating and
prosecuting corruption and fraud linked to a loan from, or a
project funded by, the World Bank.
(f) Other Donors.--The Secretary shall encourage other donors to
the multilateral development banks to contribute funds to the Trust.
(g) Reports.--
(1) Implementation and feasibility report.--Not later than
June 1, 2009, the Secretary shall submit a report to the
Committee on Foreign Relations of the Senate and the Committee
on Financial Services of the House of Representatives that--
(A) describes the actions taken to establish the
Trust;
(B) evaluates the feasibility of establishing
similar trusts at other multilateral development banks;
and
(C) evaluates the feasibility of encouraging each
of the multilateral development banks to develop their
own funding for programs, rather than through a trust,
to assist poor countries in investigations and
prosecutions of fraud and corruption related to a loan,
grant, or credit from such bank.
(2) Evaluation report.--If the Trust is established in
accordance with this section, the Secretary, not later than
June 1, 2010, shall submit a report to the Committee on Foreign
Relations of the Senate and the Committee on Financial Services
of the House of Representatives that evaluates the
effectiveness of the Trust.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary $2,000,000 for contribution on behalf of
the United States to the Trust, if the Trust is established in
accordance with this section.
SEC. 5. REQUIREMENTS TO CONSIDER GREENHOUSE GAS EMISSIONS IN
ENVIRONMENTAL IMPACT ASSESSMENTS AND TO MAKE SUCH
ASSESSMENTS AVAILABLE IN THE LANGUAGES OF THE PEOPLE
AFFECTED.
(a) In General.--Section 1307(a) of the International Financial
Institutions Act (22 U.S.C. 262m-7(a)) is amended by striking
paragraphs (1) and (2) and inserting the following:
``(1) an assessment analyzing the environmental impacts,
including associated and cumulative impacts and net greenhouse
gas emissions, of the proposed action and of alternatives to
the proposed action, has been made available to the board of
directors of the bank; and
``(2)(A) such assessment or a comprehensive summary of the
assessment (with propriety information redacted) has been made
available to affected groups and local nongovernmental
organizations in English and in the official languages of the
countries of the affected groups; and
``(B) notice of the availability of the assessment or
comprehensive summary at the bank and in the countries of the
affected groups has been posted on the Internet website of the
bank.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to proposals for multilateral development bank
projects made on or after October 1, 2009.
SEC. 6. REPORT ON GREENHOUSE GAS EMISSIONS ASSOCIATED WITH MULTILATERAL
DEVELOPMENT BANK ACTIONS.
(a) In General.--Not later than January 1, 2010, and annually
thereafter, the Secretary of the Treasury, after consultation with the
Secretary of State, the Administrator of the United States Agency for
International Development, and the Administrator of the Environmental
Protection Agency, shall submit to the Committee on Foreign Relations
of the Senate and the Committee on Financial Services of the House of
Representatives a report on the assessments provided for in section
1307(a) of the International Financial Institutions Act (22 U.S.C.
262m-7(a)).
(b) Contents.--Each report submitted under subsection (a) shall
describe the assessments provided for in section 1307(a) of such Act,
including--
(1) an assessment of--
(A) the amount of greenhouse gas emissions
associated with each project with respect to which each
multilateral development bank has provided a loan,
guarantee, extension of credit, or grant, or has taken
any other action, in the last year; and
(B) the total greenhouse gas emissions of all
projects described in subparagraph (A);
(2) an assessment of the greenhouse gas emissions of
project alternatives that would address similar economic and
social goals; and
(3) a description of the plans of the Secretary of the
Treasury to direct the United States Executive Director of each
multilateral development bank in which the United States
participates to use the voice and vote of the United States to
encourage reductions of greenhouse gas emissions associated
with projects with respect to which the bank provides a loan,
guarantee, extension of credit, or grant, or takes any other
action.
(c) Performance Evaluations of Assessments.--Each report submitted
under subsection (a) shall include an evaluation of--
(1) the methods that could be used to reduce greenhouse gas
emissions associated with projects with respect to which a
multilateral development bank provides a loan, guarantee,
extension of credit, or grant, or takes any other action;
(2) an identification of best practices for assessing the
direct and indirect greenhouse gas emissions associated with
such projects; and
(3) an evaluation of the extent to which each multilateral
development bank is using the best practices identified in
paragraph (2) in conducting the assessments of projects as
provided for in section 1307(a) of such Act.
SEC. 7. REPORT ON PROCESS TO ADDRESS GRIEVANCES WITH THE MULTILATERAL
DEVELOPMENT BANKS.
(a) In General.--Not later than August 1, 2009, the Secretary of
the Treasury shall submit, to the Committee on Foreign Relations of the
Senate and the Committee on Financial Services of the House of
Representatives, a report that evaluates the efficacy of the World Bank
Inspection Panel, the Compliance Advisor Ombudsman of the International
Finance Corporation and Multilateral Investment Guarantee Agency, the
African Development Bank Independent Review Mechanism, the Inter-
American Development Bank Independent Investigation Mechanism, the
Asian Development Bank Accountability Mechanism, and the European Bank
for Reconstruction and Development Independent Recourse Mechanism.
(b) Contents.--The report submitted under subsection (a) shall
include--
(1) an assessment of--
(A) the number of cases, key findings, and outcomes
of completed grievance processes;
(B) the level and adequacy of participation of
requesters and other affected people in the compliance
investigation process, including the extent to which
their concerns were raised before the Board and senior
management of the bank;
(C) the level and adequacy of participation of
requesters and other affected people in the problem-
solving process, if applicable, including the extent to
which their concerns were raised before the Board and
management of the bank;
(D) inclusion of stakeholders in the creation of
action plans to--
(i) remedy identified violations of the
policies and procedures of the bank; and
(ii) address outstanding issues identified
in problem-solving initiatives, if applicable;
(E) the quality and timeliness of the
implementation of action plans;
(F) the degree to which the Board exercises
systematic oversight of the implementation of action
plans;
(G) the degree to which stakeholders participate in
monitoring and implementation of action plans; and
(H) if action plans are not adequately implemented,
the suitability of the mechanisms for recourse for
affected people; and
(2) a discussion regarding how the United States Executive
Director of each multilateral development bank will strengthen
weaknesses identified with each applicable grievance mechanism. | International Development Association Replenishment Act of 2008 - (Sec. 3) Amends the International Development Association Act to authorize U.S. participation in, and authorize appropriations for, contributions to the 15th replenishment of the resources of the International Development Association (IDA).
(Sec. 4) Authorizes the Secretary of the Treasury to negotiate the creation of the Anticorruption Trust Pilot Program (the Trust) at the International Bank for Reconstruction and Development (World Bank) whose purposes shall include: (1) assisting poor countries in fraud and corruption investigations and prosecutions related to World Bank loans, grants, or credit; and (2) determining whether such a program should be carried out at other multilateral development banks.
Directs the Secretary to provide for a system to: (1) monitor Trust fund disbursement and use; and (2) promote access to funds by poor countries in order to investigate and prosecute corruption and fraud linked to World Bank loans or projects.
Sets forth reporting requirements.
Authorizes appropriations.
(Sec. 5) Amends the International Financial Institutions Act to require greenhouse gas emissions impact assessments of a multilateral development bank borrower's proposal before the U.S. Executive Director of the bank may vote in favor of the proposal.
(Sec. 6) Requires the Secretary to report annually to specified congressional committees on greenhouse gas emissions associated with multilateral development bank actions.
(Sec. 7) Requires a report evaluating grievance mechanisms of such banks. | {"src": "billsum_train", "title": "A bill to authorize United States participation in the replenishment of resources of the International Development Association, and for other purposes."} | 2,255 | 330 | 0.669353 | 2.153875 | 0.939373 | 2.97482 | 7.345324 | 0.866906 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pulmonary and Cardiac Rehabilitation
Act of 2005''.
SEC. 2. COVERAGE OF ITEMS AND SERVICES UNDER A CARDIAC REHABILITATION
PROGRAM AND A PULMONARY REHABILITATION PROGRAM.
(a) In General.--Section 1861 of the Social Security Act (42 U.S.C.
1395x) is amended--
(1) in subsection (s)(2)--
(A) in subparagraph (Y), by striking ``and'' at the
end;
(B) in subparagraph (Z), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(AA) items and services furnished under a cardiac
rehabilitation program (as defined in subsection (bbb))
or under a pulmonary rehabilitation program (as defined
in subsection (ccc)).''; and
(2) by adding at the end the following new subsections:
``Cardiac Rehabilitation Program
``(bbb)(1) The term `cardiac rehabilitation program' means a
physician-supervised program (as described in paragraph (2)) that
furnishes the items and services described in paragraph (3).
``(2) A program described in this paragraph is a program under
which--
``(A) items and services under the program are delivered--
``(i) in a physician's office;
``(ii) in a physician-directed clinic; or
``(iii) in a hospital on an outpatient basis;
``(B) a physician is immediately available and accessible
for medical consultation and medical emergencies at all times
items and services are being furnished under the program,
except that, in the case of items and services furnished under
such a program in a hospital, such availability shall be
presumed; and
``(C) individualized treatment is furnished under a written
plan established, reviewed, and signed by a physician every 30
days that describes--
``(i) the patient's diagnosis;
``(ii) the type, amount, frequency, and duration of
the items and services furnished under the plan; and
``(iii) the goals set for the patient under the
plan.
``(3) The items and services described in this paragraph are--
``(A) physician-prescribed exercise;
``(B) cardiac risk factor modification, including
education, counseling, and behavioral intervention (to the
extent such education, counseling, and behavioral intervention
is closely related to the individual's care and treatment and
is tailored to the individual's needs);
``(C) psychosocial assessment;
``(D) outcomes assessment; and
``(E) such other items and services as the Secretary may
determine, but only if such items and services are--
``(i) reasonable and necessary for the diagnosis or
active treatment of the individual's condition;
``(ii) reasonably expected to improve or maintain
the individual's condition and functional level; and
``(iii) furnished under such guidelines relating to
the frequency and duration of such items and services
as the Secretary shall establish, taking into account
accepted norms of medical practice and the reasonable
expectation of patient improvement.
``(4) The Secretary shall establish standards to ensure that a
physician with expertise in the management of patients with cardiac
pathophysiology who is licensed to practice medicine in the State in
which a cardiac rehabilitation program is offered--
``(A) is responsible for such program; and
``(B) in consultation with appropriate staff, is involved
substantially in directing the progress of individual patients
in the program.
``Pulmonary Rehabilitation Program
``(ccc)(1) The term `pulmonary rehabilitation program' means a
physician-supervised program (as described in subsection (bbb)(2) with
respect to a program under this subsection) that furnishes the items
and services described in paragraph (2).
``(2) The items and services described in this paragraph are--
``(A) physician-prescribed exercise;
``(B) education or training (to the extent the education or
training is closely and clearly related to the individual's
care and treatment and is tailored to such individual's needs);
``(C) psychosocial assessment;
``(D) outcomes assessment; and
``(E) such other items and services as the Secretary may
determine, but only if such items and services are--
``(i) reasonable and necessary for the diagnosis or
active treatment of the individual's condition;
``(ii) reasonably expected to improve or maintain
the individual's condition and functional level; and
``(iii) furnished under such guidelines relating to
the frequency and duration of such items and services
as the Secretary shall establish, taking into account
accepted norms of medical practice and the reasonable
expectation of patient improvement.
``(3) The Secretary shall establish standards to ensure that a
physician with expertise in the management of patients with respiratory
pathophysiology who is licensed to practice medicine in the State in
which a pulmonary rehabilitation program is offered--
``(A) is responsible for such program; and
``(B) in consultation with appropriate staff, is involved
substantially in directing the progress of individual patients
in the program.''.
(b) Effective Date.--The amendments made by this section shall
apply to items and services furnished on or after the date of enactment
of this Act. | Pulmonary and Cardiac Rehabilitation Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of items and services furnished under a cardiac rehabilitation or a pulmonary rehabilitation program. | {"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to provide coverage for cardiac rehabilitation and pulmonary rehabilitation services."} | 1,215 | 54 | 0.560494 | 1.242574 | 0.879215 | 3.263158 | 30.342105 | 0.894737 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Healthcare Subsidies for Foreign
Diplomats Act of 2014''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Patient Protection and Affordable Care Act (Public
Law 111-148) (in this section referred to as the ``Affordable
Care Act'') established certain taxpayer-funded subsidies, such
as premium tax credits and cost-sharing reductions, that
directly or indirectly pay portions of the costs of health
insurance and services for eligible individuals and households.
(2) Diplomats of foreign governments and United Nations
staff members who are not citizens or lawful permanent
residents of the United States do not pay Federal income taxes
on their salaries from those employers.
(3) The Department of State has notified foreign missions
in the United States, permanent missions to the United Nations,
and the United Nations Secretariat that ``the benefits of the
United States Affordable Care Act are available'' to their
personnel.
(4) According to the Department of Health and Human
Services and the Congressional Research Service, foreign
diplomats and United Nations employees in the United States are
currently eligible to obtain United States taxpayer-funded
subsidies under the Affordable Care Act, such as premium tax
credits and cost-sharing reductions, on the same basis as
American citizens and lawful permanent residents.
(5) United States diplomats overseas do not depend on
foreign taxpayers for health care coverage, but rely on United
States-based health insurance plans that provide overseas
coverage.
(6) The Department of Health and Human Services does not
currently collect data that would allow it to identify any
foreign diplomats who are enrolled in a qualified health plan
and who may be receiving premium tax credits or cost-sharing
reductions pursuant to the Affordable Care Act.
(7) The Department of State also does not possess that
data, and has asserted that it is not involved in whatever
processes foreign diplomats may use to obtain benefits funded
by the United States Government.
(8) The Internal Revenue Service does not collect visa
information and is not currently able to discern whether any
taxpayer is present in the United States pursuant to an A
(diplomatic) or a G (UN/international organization)
nonimmigrant visa.
(9) The Internal Revenue Service also does not collect data
identifying whether a foreign diplomat is enrolled in a
qualified health plan and is receiving a premium tax credit or
cost-sharing reduction pursuant to the Affordable Care Act.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) foreign diplomats should be allowed to purchase health
insurance coverage in the United States, but the cost of that
coverage should be borne by their sending States; and
(2) United States taxpayers should not subsidize the health
insurance expenses of foreign diplomats.
SEC. 4. FOREIGN DIPLOMATS INELIGIBLE TO RECEIVE HEALTH INSURANCE
PREMIUM TAX CREDITS AND HEALTH INSURANCE COST-SHARING
REDUCTIONS.
(a) Denial of Eligibility.--
(1) For health insurance premium tax credits.--Section 36B
of the Internal Revenue Code of 1986 is amended--
(A) by redesignating subsection (g) as subsection
(h); and
(B) by inserting after subsection (f) the following
new subsection:
``(g) Denial of Credit to Foreign Diplomats.--
``(1) In general.--No credit shall be allowed under this
section to any individual for any month during any portion of
which such individual is a foreign diplomat.
``(2) Foreign diplomat.--For purposes of this subsection,
the term `foreign diplomat' means an alien admitted to the
United States as a nonimmigrant under section 101(a)(15)(A) or
section 101(a)(15)(G) of the Immigration and Nationality
Act.''.
(2) For cost-sharing reductions.--For denial of cost
sharing reductions to individuals ineligible for the premium
tax credit under section 36B of the Internal Revenue Code of
1986, see section 1402(f)(2) of the Patient Protection and
Affordable Care Act (42 U.S.C. 18071(f)(2)).
(3) Effective date.--The amendment made by paragraph (1)
shall apply to foreign diplomats for months beginning more than
30 days after the date of the enactment of this Act, in taxable
years ending after such date, regardless of whether the
diplomat may have been determined eligible for a premium tax
credit or cost-sharing reduction (or advance payment with
respect to such credit or reduction) before such date of
enactment.
(4) Information coordination for timely implementation.--
The Secretary of State shall coordinate with, and provide such
information to, the Secretaries of Homeland Security and of
Health and Human Services regarding individuals in the status
of a foreign diplomat (described in section 36B(g)(2) of the
Internal Revenue Code of 1986, as inserted by paragraph (1)) as
may be necessary--
(A) to apply the amendment made by paragraph (1)
and the provisions of paragraph (2) on a timely
process, including applying such amendment in the case
of an individual who has been determined eligible for a
premium tax credit or cost-sharing reduction (or an
advance payment thereof) before the date of the
enactment of this Act; and
(B) to provide information to the Secretary of
Health and Human Services for the reports to Congress
under subsection (b)(1).
(b) Reports to Congress.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, and every 180 days thereafter,
subject to paragraph (3), the Secretary of Health and Human
Services shall submit to the appropriate committees of Congress
(as defined in paragraph (2)) a written report on the
implementation of this section. Each such report shall
include--
(A) the number of foreign diplomats listed in the
information received by such Secretary under subsection
(a)(4)(B) with respect to whom an advance determination
of eligibility was still in effect under section 1412
of the Patient Protection and Affordable Care Act (42
U.S.C. 18082) as of the most recent date of the receipt
of such information by such Secretary; and
(B) the number of such advance determinations which
were revoked at the time of the submission of such
written report to Congress.
(2) Appropriate committees of congress.--For purposes of
this subsection, the term ``appropriate committees of
Congress'' means the Committees on Foreign Relations, Finance,
and Health, Education, Labor, and Pensions of the Senate and
the Committees on Foreign Affairs, Ways and Means, and Energy
and Commerce of the House of Representatives.
(3) Termination.--No report shall be required to be
submitted under this subsection after the second consecutive
report in which the number required to be included in such
report under paragraph (1)(A) is zero.
(c) Notice to Governments and International Organizations.--Not
later than 30 days after the date of the enactment of this Act, the
Secretary of State shall notify all foreign missions in the United
States, permanent missions to the United Nations, and the United
Nations Secretariat, that premium tax credits under section 36B of the
Internal Revenue Code of 1986 and cost-sharing reductions under section
1402 of the Patient Protection and Affordable Care Act are not
available to any of their personnel who have the status in the United
States as a nonimmigrant under section 101(a)(15)(A) or 101(a)(15)(G)
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(A),
1101(a)(15)(G)). | No Healthcare Subsidies for Foreign Diplomats Act of 2014 - Amends the Internal Revenue Code to deny a tax credit for the cost of health insurance premiums and health insurance cost-sharing reductions under the Patient Protection and Affordable Care Act to foreign diplomats. Requires the Secretary of State to notify all foreign missions in the United States, permanent missions to the United Nations, and the United Nations Secretariat that health insurance premium tax credits and cost-sharing reductions are not available for their foreign personnel with nonimmigrant status under the Immigration and Nationality Act. | {"src": "billsum_train", "title": "No Healthcare Subsidies for Foreign Diplomats Act of 2014"} | 1,670 | 131 | 0.604879 | 1.700693 | 0.594505 | 4.65 | 15.33 | 0.95 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Young Adult Healthcare Coverage Act
of 2009''.
SEC. 2. REQUIRING THE OPTION OF EXTENSION OF DEPENDENT COVERAGE FOR
CERTAIN UNMARRIED, UNINSURED YOUNG ADULTS.
(a) Under Group Health Plans.--
(1) Employee retirement income security act of 1974
amendments.--
(A) In general.--The Employee Retirement Income
Security Act of 1974 is amended by inserting after
section 703 the following new section:
``SEC. 704. REQUIRING THE OPTION OF EXTENSION OF DEPENDENT COVERAGE FOR
CERTAIN UNMARRIED, UNINSURED YOUNG ADULTS.
``(a) In General.--A group health plan and a health insurance
issuer offering health insurance coverage in connection with a group
health plan that provides coverage for dependent children shall make
available such coverage, at the option of the participant involved, for
one or more qualified children (as defined in subsection (b)) of the
participant.
``(b) Qualified Child Defined.--In this section, the term
`qualified child' means, with respect to a participant in a group
health plan or group health insurance coverage, an individual who (but
for age) would be treated as a dependent child of the participant under
such plan or coverage and who--
``(1) is under 30 years of age;
``(2) is not married;
``(3) has no dependents;
``(4) is a citizen or national of the United States; and
``(5) is not provided coverage as a participant,
beneficiary, or enrollee (other than under this section) under
any other creditable coverage (as defined in section
701(c)(1)).
``(c) Premiums.--Nothing in this section shall be construed as
preventing a group health plan or health insurance issuer with respect
to group health insurance coverage from increasing the premiums
otherwise required for coverage provided under this section.''.
(B) Clerical amendment.--The table of contents of
such Act is amended by inserting after the item
relating to section 703 the following new item:
``704. Requiring the option of extension of dependent coverage for
certain unmarried young adults.''.
(2) PHSA.--Title XXVII of the Public Health Service Act is
amended by inserting after section 2702 the following new
section:
``SEC. 2703. REQUIRING THE OPTION OF EXTENSION OF DEPENDENT COVERAGE
FOR CERTAIN UNMARRIED, UNINSURED YOUNG ADULTS.
``The provisions of section 704 of the Employee Retirement Income
Security Act of 1974 shall apply to health insurance coverage offered
by a health insurance issuer in the individual market in the same
manner as they apply to health insurance coverage offered by a health
insurance issuer in connection with a group health plan in the small or
large group market.''.
(b) Individual Health Insurance Coverage.--Title XXVII of the
Public Health Service Act is amended by inserting after section 2745
the following new section:
``SEC. 2746. REQUIRING THE OPTION OF EXTENSION OF DEPENDENT COVERAGE
FOR CERTAIN UNMARRIED YOUNG ADULTS.
``The provisions of section 2703 shall apply to health insurance
coverage offered by a health insurance issuer in the individual market
in the same manner as they apply to health insurance coverage offered
by a health insurance issuer in connection with a group health plan in
the small or large group market.''.
(c) Effective Dates.--
(1) Group health plans.--
(A) In general.--The amendments made by subsection
(a) shall apply to group health plans for plan years
beginning on or after the date that is 90 days after
the date of enactment of this Act.
(B) Special rule for collective bargaining
agreements.--In the case of a group health plan
maintained pursuant to 1 or more collective bargaining
agreements between employee representatives and 1 or
more employers, any plan amendment made pursuant to a
collective bargaining agreement relating to the plan
which amends the plan solely to conform to any
requirement added by an amendment made by subsection
(a) shall not be treated as a termination of such
collective bargaining agreement.
(2) Individual health insurance coverage.--Section 2746 of
the Public Health Service Act, as inserted by subsection (b),
shall apply with respect to health insurance coverage offered,
sold, issued, renewed, in effect, or operated in the individual
market after the first day of the first month that begins more
than 90 days after the date of the enactment of this Act. | Young Adult Healthcare Coverage Act of 2009 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Public Health Service Act to require a group health plan that provides coverage for dependent children to make available such coverage, at the option of the participant involved, to a participant's child who (but for age) would be treated as a dependent child and who: (1) is under 30 years of age; (2) is not married; (3) has no dependents; (4) is a citizen or national of the United States; and (5) is not provided coverage as a participant, beneficiary, or enrollee under any other creditable coverage.
Applies such requirement to individual health insurance coverage. | {"src": "billsum_train", "title": "To amend the Employee Retirement Income Security Act of 1974 and the Public Health Service Act to require the option of extension of dependent coverage for unmarried, uninsured children under 30 years of age under group health plans and under group and individual health insurance coverage."} | 1,070 | 150 | 0.643708 | 1.683256 | 0.731806 | 7.021127 | 6.401408 | 0.964789 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Unfair Practices in Credit
Cards Act of 2007''.
SEC. 2. STOP UNFAIR INTEREST RATES AND FEES.
Section 163 of the Truth in Lending Act (15 U.S.C. 1666b) is
amended--
(1) by striking the section title and all that follows
through ``If an open'' and inserting the following:
``Sec. 163. Billing period and finance charges
``(a) Billing Period.--
``(1) Fourteen-day minimum.--If an open'';
(2) by striking ``(b) Subsection (a)'' and inserting the
following:
``(2) Excusable cause.--Subsection (a)''; and
(3) by adding at the end the following:
``(b) No Interest Charge on Debt That Is Paid on Time.--If an open
end consumer credit plan provides a time period within which an obligor
may repay any portion of the credit extended without incurring an
interest charge, and the obligor repays all or a portion of such credit
within the specified time period, the creditor may not impose or
collect an interest charge on the portion of the credit that was repaid
within the specified time period.
``(c) No Interest on Debt That Is Paid on Time and in Full.--In an
open end consumer credit plan, if a billing statement requests an
obligor to repay within a specified time period all of the credit
extended under the plan and related finance charges, and the obligor
pays all of the specified amount within the specified time period, the
creditor may not impose or collect an additional interest charge on the
amount that was paid in full and within the specified time period.
``(d) Limits on Interest Rate Increases.--
``(1) In general.--With respect to a credit card account
under an open end consumer credit plan, the creditor shall not
increase the periodic rate of interest applicable to extensions
of credit while such account remains open, unless--
``(A) such increase is pursuant to the expiration
of an introductory rate which was disclosed under
section 127(c)(6);
``(B) such increase is pursuant to the application
of a variable rate which was disclosed under section
127(c)(1)(A)(i)(II);
``(C) such increase is pursuant to the application
of a penalty rate which was disclosed under subsections
(a)(4) and (c)(1)(A)(i) of section 127; or
``(D) the obligor has provided specific written
consent to such increase at the time such increase was
proposed.
``(2) Limit on penalty interest rate.--If an obligor fails
to repay an extension of credit in accordance with the terms of
a credit card account under an open end consumer credit plan,
and the creditor determines to apply a penalty rate, as
described in paragraph (1)(C), notwithstanding paragraph
(1)(D), such penalty rate may not, while such account is open,
exceed 7 percentage points above the interest rate that was in
effect with respect to such account on the date immediately
preceding the first such penalty increase for such account.
``(e) Interest Rate Increases Limited to Future Credit
Extensions.--With respect to a credit card account under an open end
consumer credit plan, if the creditor increases the periodic interest
rate applicable to an extension of credit under the account, such
increased rate shall apply only to extensions of credit made on and
after the date of such increase under the account, and any extension of
credit under such account made before the date of such increase shall
continue to incur interest at the rate that was in effect on the date
prior to the date of the increase.
``(f) No Interest Charges on Fees.--With respect to a credit card
account under an open end consumer credit plan, if the creditor imposes
a transaction fee on the obligor, including a cash advance fee, late
fee, over-the-limit fee, or balance transfer fee, the creditor may not
impose or collect interest with respect to such fee amount.
``(g) Fixed Credit Limit.--With respect to each credit card account
under an open end consumer credit plan, the creditor shall offer to the
obligor the option of obtaining a fixed credit limit that cannot be
exceeded, and with respect to which any request for credit in excess of
such fixed limit must be refused, without exception and without
imposing an over-the-limit fee or other penalty on such obligor.
``(h) Over-the-Limit Fee Restrictions.--With respect to a credit
card account under an open end consumer credit plan, an over-the-limit
fee, as described in section 127(c)(1)(B)(iii)--
``(1) may be imposed on the account only when an extension
of credit obtained by the obligor causes the credit limit on
such account to be exceeded, and may not be imposed when such
credit limit is exceeded due to a penalty fee, such as a late
fee or over-the-limit fee, that was added to the account
balance by the creditor; and
``(2) may be imposed only once during a billing cycle if,
on the last day of such billing cycle, the credit limit on the
account is exceeded, and no additional over-the-limit fee shall
be imposed in a subsequent billing cycle with respect to such
excess credit, unless the obligor has obtained an additional
extension of credit in excess of such credit limit during such
subsequent cycle.
``(i) Other Fees.--
``(1) No fee to pay a billing statement.--With respect to a
credit card account under an open end consumer credit plan, the
creditor may not impose a separate fee to allow the obligor to
repay an extension of credit or finance charge, whether such
repayment is made by mail, electronic transfer, telephone
authorization, or other means.
``(2) Reasonable currency exchange fee.--With respect to a
credit card account under an open end consumer credit plan, the
creditor may impose a fee for exchanging United States currency
with foreign currency in an account transaction, only if--
``(A) such fee reasonably reflects the actual costs
incurred by the creditor to perform such currency
exchange;
``(B) the creditor discloses publicly its method
for calculating such fee; and
``(C) the primary Federal regulator of such
creditor determines that the method for calculating
such fee complies with this paragraph.
``(j) Annual Audit.--The primary Federal regulator of a card issuer
shall audit, on at least an annual basis, the credit card operations
and procedures used by such issuer to ensure compliance with this
section and section 164, including by reviewing a sample of billing
statements to determine when they were mailed and received, and by
reviewing a sample of credit card accounts to determine when and how
payments and finance charges were applied. Such regulator shall
promptly require the card issuer to take any corrective action needed
to comply with this section.''.
SEC. 3. STOP UNFAIR APPLICATION OF CARD PAYMENTS.
Section 164 of the Truth in Lending Act (15 U.S.C. 1666c) is
amended--
(1) by striking the section heading and all that follows
through ``Payments'' and inserting the following:
``Sec. 164. Prompt and fair crediting of payments
``(a) In General.--Payments''; and
(2) by adding at the end the following:
``(b) Application of Payment.--Upon receipt of a payment from a
cardholder, the card issuer shall--
``(1) apply the payment first to the card balance bearing
the highest rate of interest, and then to each successive
balance bearing the next highest rate of interest, until the
payment is exhausted; and
``(2) after complying with paragraph (1), apply the payment
in the most effective way to minimize the imposition of any
finance charge to the account.
``(c) Changes by Card Issuer.--If a card issuer makes a material
change in the mailing address, office, or procedures for handling
cardholder payments, and such change causes a material delay in the
crediting of a cardholder payment made during the 60-day period
following the date on which such change took effect, the card issuer
may not impose any late fee or finance charge for a late payment on the
credit card account to which such payment was credited.''.
SEC. 4. STOP DECEPTIVE DISCLOSURE.
Section 127(e) of the Truth in Lending Act (15 U.S.C. 1637(e)) is
amended by adding at the end the following:
``(3) Interest rate linked to prime rate.--If a credit card
solicitation, application, agreement, or plan specifies use of
a variable interest rate established by reference to a `prime
rate', `prime interest rate', or similar rate or index, the
referenced rate shall be disclosed and defined as the bank
prime loan rate posted by a majority of the top 25 (by assets
in domestic offices) United States chartered commercial banks,
as published by the Board of Governors of the Federal Reserve
System. To avoid an unfair or deceptive act or practice, a card
issuer may not use the term `prime rate' to refer to any other
type of interest rate.''.
SEC. 5. DEFINITIONS.
Section 103 of the Truth in Lending Act (15 U.S.C. 1602) is amended
by adding at the end the following:
``(cc) Primary Federal Regulator.--
``(1) In general.--The term `primary Federal regulator',
when used with respect to a card issuer that is a depository
institution, has the same meaning as the term `appropriate
Federal banking agency', under section 3 of the Federal Deposit
Insurance Act.
``(2) Areas of responsibility.--For each card issuer within
its regulatory jurisdiction, the primary Federal regulator
shall be responsible for overseeing the credit card operations
of the card issuer, ensuring compliance with the requirements
of this title, and enforcing the prohibition against unfair or
deceptive acts or practices.''.
SEC. 6. STRENGTHEN CREDIT CARD INFORMATION COLLECTION.
Section 136(b) of the Truth in Lending Act (15 U.S.C. 1646(b)) is
amended--
(1) in paragraph (1)--
(A) by striking ``The Board shall'' and inserting
the following:
``(A) In general.--The Board shall''; and
(B) by adding at the end the following:
``(B) Information to be included.--The information
under subparagraph (A) shall include, as of a date
designated by the Board--
``(i) a list of each type of transaction or
event for which one or more of the card issuers
has imposed a separate interest rate upon a
cardholder, including purchases, cash advances,
and balance transfers;
``(ii) for each type of transaction or
event identified under clause (i)--
``(I) each distinct interest rate
charged by the card issuer to a
cardholder, as of the designated date;
and
``(II) the number of cardholders to
whom each such interest rate was
applied during the calendar month
immediately preceding the designated
date, and the total amount of interest
charged to such cardholders at each
such rate during such month;
``(iii) a list of each type of fee that one
or more of the card issuers has imposed upon a
cardholder as of the designated date, including
any fee imposed for obtaining a cash advance,
making a late payment, exceeding the credit
limit on an account, making a balance transfer,
or exchanging United States dollars for foreign
currency;
``(iv) for each type of fee identified
under clause (iii), the number of cardholders
upon whom the fee was imposed during the
calendar month immediately preceding the
designated date, and the total amount of fees
imposed upon cardholders during such month;
``(v) the total number of cardholders that
incurred any interest charge or any fee during
the calendar month immediately preceding the
designated date; and
``(vi) any other information related to
interest rates, fees, or other charges that the
Board deems of interest.''; and
(2) by adding at the end the following:
``(5) Report to the congress.--The Board shall, on an
annual basis, transmit to the Congress and make public a report
containing an assessment by the Board of the profitability of
credit card operations of depository institutions. Such report
shall include estimates by the Board of the approximate,
relative percentage of income derived by such operations from--
``(A) the imposition of interest rates on
cardholders, including separate estimates for--
``(i) interest with an annual percentage
rate of less than 25 percent; and
``(ii) interest with an annual percentage
rate equal to or greater than 25 percent;
``(B) the imposition of fees on cardholders;
``(C) the imposition of fees on merchants; and
``(D) any other material source of income, while
specifying the nature of that income.''.
SEC. 7. CONFORMING AMENDMENT.
Section 8 of the Fair Credit and Charge Card Disclosure Act of 1988
(15 U.S.C. 1637 note) is repealed.
SEC. 8. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect 180
days after the date of the enactment of this Act. | Stop Unfair Practices in Credit Cards Act of 2007 - Amends the Truth in Lending Act regarding open-end consumer credit plans.
Prohibits imposition of an interest charge upon debt paid on time and in full. Sets restrictions upon interest rate increases.
Limits penalty rate increases to: (1) seven percentage points above the current interest rate; and (2) future credit extensions only.
Prohibits interest charges on fees. Specifies restrictions upon over-the-limit fees.
Requires the primary federal regulator of a card issuer to conduct annual audits of the credit card operations and procedures used by the issuer.
Requires the card issuer to: (1) apply payment first to the card balance bearing the highest rate of interest, and then to each successive balance bearing the next highest rate of interest, until the payment is exhausted; and (2) apply the payment in the most effective way to minimize the imposition of any finance charge.
Requires a card issuer to define and display the term "prime rate" or similar rate or index as the bank prime loan rate posted by a majority of the top 25 U.S. chartered commercial banks, as published by the Board of Governors of the Federal Reserve System (Board).
Revises requirements governing credit card information collected by the Board.
Directs the Board to report annually to Congress its assessment of the profitability of credit card operations of depository institutions. | {"src": "billsum_train", "title": "To prevent unfair practices in credit card accounts, and for other purposes."} | 3,089 | 304 | 0.498139 | 1.567283 | 0.837714 | 4.511029 | 10.242647 | 0.908088 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Reserve Credit Facility
Review Act of 2009''.
SEC. 2. REVIEWS OF SPECIAL FEDERAL RESERVE CREDIT FACILITIES.
(a) Reviews.--Section 714 of title 31, United States Code, is
amended by adding at the end the following:
``(f) Reviews of Credit Facilities of the Federal Reserve System.--
``(1) Definition.--In this subsection, the term `credit
facilities' includes--
``(A) the Money Market Investor Funding Facility;
``(B) the Asset-Backed Commercial Paper Money
Market Mutual Fund Liquidity Facility;
``(C) the Term Asset-Backed Securities Loan
Facility;
``(D) the Term Auction Facility;
``(E) the Primary Dealer Credit Facility;
``(F) the Commercial Paper Funding Facility;
``(G) the Term Securities Lending Facility,
including the Term Securities Lending Facility Options
Program;
``(H) the Revolving Credit Facility;
``(I) reciprocal currency arrangements with foreign
central banks;
``(J) the Mortgage Backed Securities Purchase
Program, and the purchase of debt obligations from a
government sponsored enterprise; and
``(K) any special purpose vehicle through which any
entity described in subparagraphs (A) through (J)
conducts any activity or lending.
``(2) In general.--Notwithstanding any limitation in
subsection (b) on the auditing and oversight of certain
functions of the Board or any Federal Reserve bank, the
Comptroller General may conduct reviews, including onsite
examinations if the Comptroller General determines such
examinations are appropriate, of credit facilities established
by the Board or any Federal Reserve bank, and of the
establishment of such credit facilities by the Board or any
Federal Reserve bank--
``(A) in carrying out any action or function
approved by the Board under the 3rd undesignated
paragraph of section 13 of the Federal Reserve Act (12
U.S.C. 343); or
``(B) in providing credit under enhancements to
traditional lending facilities, including credit
facilities.
``(3) Access to records.--
``(A) In general.--To carry out this subsection--
``(i) all records and property of or used
by a credit facility established by an agency
(as described in paragraph (2)), including
samples of reports of examinations of a bank or
bank holding company that the Comptroller
General considers statistically meaningful, and
workpapers and correspondence related to the
reports, shall be made available to the
Comptroller General;
``(ii) the Comptroller General shall have
access to the officers, employees, contractors,
and other agents and representatives of any
credit facility established by an agency at any
reasonable time as the Comptroller General may
request;
``(iii) the Comptroller General may make
and retain copies of such books, accounts, and
other records as the Comptroller General
determines appropriate; and
``(iv) the Comptroller General shall
provide to a credit facility established by an
agency a current list of officers and employees
to whom, with proper identification, records
and property may be made available, and who may
make notes or copies necessary to carry out a
review or examination under this subsection.
``(B) Unauthorized access.--The Comptroller General
shall prevent unauthorized access to records, copies of
any record, or property of or used by an agency or a
credit facility established by an agency (as described
in paragraph (2)) that the Comptroller General obtains
during a review or examination under this subsection.
``(4) Reports.--
``(A) Required.--A report on each review conducted
under paragraph (1) shall be submitted by the
Comptroller General to the Congress before the end of
the 90-day period beginning on the date on which such
review is completed.
``(B) Contents.--The report under subparagraph (A)
shall include a detailed description of the findings
and conclusions of the Comptroller General with respect
to the review that is the subject of the report,
together with such recommendations for legislative or
administrative action as the Comptroller General may
determine to be appropriate.''.
(b) Repeal.--Section 714(f) of title 31, United States Code, as
added by subsection (a), is repealed effective 5 years after the date
of enactment of this Act. | Federal Reserve Credit Facility Review Act of 2009 - Authorizes the Comptroller General to conduct reviews and onsite examinations of: (1) any credit facility established by the Federal Reserve Board or any federal reserve bank; and (2) such credit facility's establishment as the lender of last resort (including providing credit under enhancements to traditional lending facilities and credit facilities).
Cites the credit facilities to which this Act applies. Grants the Comptroller General access to all records and property of any such credit facility, including its officers, employees, contractors, and other agents and representatives.
Sets forth the powers of the Comptroller to implement this Act.
Requires the Comptroller General to report to Congress on each review conducted.
Terminates such authorization five years after enactment of this Act. | {"src": "billsum_train", "title": "A bill to amend title 31, United States Code, to authorize reviews by the Comptroller General of the United States of any credit facility established by the Board of Governors of the Federal Reserve System or any Federal reserve bank, and for other purposes."} | 1,006 | 170 | 0.58101 | 1.554505 | 0.850345 | 2.711409 | 6.174497 | 0.885906 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gulf Coast Recovery Act of 2005''.
SEC. 2. PUBLIC ASSISTANCE ALLOWABLE COSTS.
(a) In General.--Subject to the requirements of this section, and
notwithstanding any other provision of law, the President may provide
assistance under sections 402 and 403 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170a; 5170b)
to an eligible State or local government to provide reimbursement for
expenses incurred by the State or local government, in the period
beginning January 1, 2006, and ending June 30, 2006, for the base pay
and overtime expenses of employees (including employees provided by
contract or mutual aid agreements) who provide essential governmental
services for response and recovery operations with respect to disaster
declarations made for Hurricane Katrina and Hurricane Rita on or after
August 29, 2005.
(b) Eligibility.--A State or local government shall be eligible for
assistance under subsection (a) if the State or local government
demonstrates to the satisfaction of the President that--
(1) the State or local government has suffered, with
respect to the disaster declarations referred to in subsection
(a), a loss in the operating revenues of the State or local
government; and
(2) the amount of that loss equals or exceeds 25 percent of
the annual operating revenue of the State or local government
in its most recent fiscal year ending before the date of the
disaster declaration.
(c) Essential Governmental Services Defined.--In this section, the
term ``essential governmental services'' means fire, law enforcement,
emergency medical, public works, emergency management, planning, and
building codes services.
(d) Building Code Services.--For purposes of subsections (a) and
(c), employees assisting in the permitting and inspection process
relating to implementation and enforcement of a building code shall be
considered to provide building code services.
(e) Amount of Reimbursement.--The amount of reimbursement to be
provided to a State or local government under this section shall be 75
percent of the expenses incurred by the State or local government that
are eligible for reimbursement under subsection (a).
(f) Eligibility Determinations.--The President shall complete all
eligibility determinations under subsection (b) on or before June 30,
2006.
SEC. 3. DISASTER LOAN PROGRAM.
Section 2(a) of the Community Disaster Loan Act of 2005 (Public Law
109-88) is amended by inserting before the period at the end the
following: ``: Provided further, That notwithstanding section 417(b) of
the Stafford Act such a loan may not exceed 50 percent of the operating
budget of the local government to which the loan is made for the fiscal
year in which the disaster occurs''.
SEC. 4. FEDERAL SHARE FOR DEBRIS REMOVAL.
(a) Findings.--Congress finds that--
(1) there is ambiguity concerning the Federal share of the
cost of debris removal activities carried out under the Robert
T. Stafford Disaster Relief and Emergency Assistance Act in
connection with Hurricane Katrina and Hurricane Rita; and
(2) this ambiguity creates disincentives for local
governments to utilize pre-existing, cost-effective contracts
to carry out such debris removal activities.
(b) Federal Share.--Notwithstanding any other provision of law, the
Federal share of assistance provided for debris removal under sections
403 and 407 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5106b; 5173) with respect to disaster
declarations made for Hurricane Katrina and Hurricane Rita on or after
August 29, 2005, shall be 100 percent.
SEC. 5. HAZARD MITIGATION GRANT PROGRAM.
(a) Federal Share.--Notwithstanding any other provision of law, the
President shall contribute not less than 75 percent of the cost of
hazard mitigation measures that are approved in the 1-year period
beginning on the date of enactment of this Act under section 404(a) of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170c(a)) with respect to disaster declarations made for
Hurricane Katrina and Hurricane Rita on or after August 29, 2005. To
the greatest extent practicable, the President shall assist State and
local governments in expediting the planning for, identification and
development of, application for, and approval of such projects.
(b) Total Contributions.--
(1) Percentage.--The last sentence of section 404(a) of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170c(a)) is amended by striking ``7.5'' and
inserting ``15''.
(2) Applicability.--The amendment made by paragraph (1)
shall apply with respect to major disaster declarations made on
or after August 29, 2005.
SEC. 6. EXTENSION OF UNEMPLOYMENT ASSISTANCE.
Notwithstanding any other provision of law, in the case of an
individual eligible to receive unemployment assistance under section
410(a) of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5177(a)) as a result of a disaster
declaration made for Hurricane Katrina or Hurricane Rita on or after
August 29, 2005--
(1) the President shall make such assistance available for
52 weeks after the date of the disaster declaration; and
(2) beginning on the date of enactment of this Act, the
amount of such assistance for a week of unemployment shall be
not less than 50 percent of the national average weekly
unemployment benefit provided to an individual as of the date
of the disaster declaration.
SEC. 7. EMERGENCY EQUIPMENT ASSISTANCE.
Subtitle B of title VI of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5197-5197h) is amended by
adding at the end the following:
``SEC. 630. EMERGENCY EQUIPMENT ASSISTANCE.
``(a) Grants.--The Director shall carry out a program to make
grants to States and local governments--
``(1) to purchase or improve commercially available
interoperable communications equipment that--
``(A) complies with, where applicable, national
voluntary consensus standards;
``(B) facilitates interoperability, coordination,
and integration between and among emergency
communications systems (including satellite phone and
satellite communications equipment); and
``(C) ensures that first responders, government
officials, and emergency personnel are able to
adequately and effectively communicate with each other
in the event of a major disaster or other emergency;
``(2) to purchase mobile equipment to generate emergency
power; and
``(3) to train first responders and emergency personnel on
how best to use effectively such equipment.
``(b) Purpose.--The purpose of the program shall be to improve the
response capabilities of States and local governments in the event of a
major disaster or other emergency.
``(c) Applications.--A State or local government seeking a grant
under this section shall submit an application to the Director at such
time, in such manner, and accompanied by such information as the
Director may require.
``(d) Technical Assistance.--The Director shall provide to States
and local governments technical assistance with respect to the
procurement, installation, and use of equipment under subsection
(a)(1).
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $200,000,000 for each of fiscal
years 2006, 2007, and 2008.''. | Gulf Coast Recovery Act of 2005 - Authorizes the President to provide assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (the Stafford Act) to reimburse an eligible state or local government 75% of the eligible expenses incurred between January 1 and June 30, 2006, for base pay and overtime expenses of employees who provide essential government services for response and recovery operations with respect Hurricanes Katrina and Rita on or after August 29, 2005.
Amends the Community Disaster Loan Act of 2005 to limit a disaster loan to 50% of a local government's operating budget for the fiscal year in which the disaster occurs.
Sets at 100% the federal share of assistance for debris removal under the Stafford Act with respect to such hurricanes.
Requires the President to contribute at least 75% of the cost of hazard mitigation measures approved under the Stafford Act in the one-year period following enactment of this Act with respect to such hurricanes.
Amends the Stafford Act to double from 7.5% to 15% of the estimated aggregate amount of federal disaster relief grants to be made with respect to a major disaster the limit on the total amount of contributions the President may make for cost-effective hazard mitigation measures in the disaster area.
Extends unemployment assistance in the case of an eligible individual affected by the hurricane disasters. Requires the President to make such assistance available for 52 weeks after the date of the disaster declaration. Requires the amount of such assistance for a week of unemployment, beginning on the date of enactment of this Act, to be at least 50% of the national average weekly unemployment benefit provided to an individual as of the date of the disaster declaration.
Amends the Stafford Act to require the Director of the Federal Emergency Management Agency (FEMA) to make grants to state and local governments to: (1) purchase or improve commercially available interoperable communications equipment; (2) purchase mobile equipment to generate emergency power; and (3) train first responders and emergency personnel on how to best use such equipment effectively.
Authorizes appropriations for FY2006-FY2008. | {"src": "billsum_train", "title": "To establish special rules with respect to certain disaster assistance provided for Hurricane Katrina and Hurricane Rita."} | 1,677 | 440 | 0.5847 | 1.813815 | 0.79016 | 3.756892 | 3.746867 | 0.899749 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Label and Transport Tissues Safely
Act of 2014'' or as the ``LATTS Act of 2014''.
SEC. 2. IN GENERAL.
(a) Non-Transplant Tissue Bank License.--
(1) Prohibition.--No person may introduce or deliver for
introduction into interstate commerce any human tissue specimen
for medical research or education unless--
(A) a tissue bank license is in effect for the
entity introducing the human tissue specimen into
interstate commerce;
(B) each package of the human tissue specimen is--
(i) labeled with the proper name of the
human tissue specimen contained in the package;
(ii) the name, address, and applicable
license number of the source tissue bank of the
human tissue specimen;
(iii) unique donor identifier, tissue type,
cause of death, serological test results and
any known infectious disease agents;
(iv) a statement about the mandatory use of
personal protective equipment and universal
precautions when handling human tissue; and
(v) labeled ``not for transplantation'';
and
(C) each package of the human tissue specimen is
wrapped and packaged in such a manner that--
(i) mitigates potential contamination and
cross contamination;
(ii) mitigates potential safety hazards;
(iii) sealed to prevent leakage; and
(iv) ensures the integrity of the tissue.
(2) Procedures established.--
(A) In general.--The Secretary of Health and Human
Services shall establish, by rule, requirements for the
approval, suspension, and revocation of non-transplant
tissue bank licenses.
(B) Approval.--The Secretary shall approve a non-
transplant tissue bank license application--
(i) on the basis of a demonstration that--
(I) the human tissue specimen that
is the subject of the application is
legally donated, properly screened for
communicable disease agents, properly
labeled, transported, stored and used
according to the donor's donation
authorization; and
(II) the facility in which the
human tissue specimen is donated,
recovered, processed, packed, or held
meets standards designed to assure that
the human tissue specimen does not pose
a communicable disease risk to the
general public and/or unknown
communicable disease risk to; and
(ii) if the applicant (or other appropriate
person) consents to the inspection of the
facility that is the subject of the
application, in accordance with subsection (c)
of this section.
(3) Requirements for exemption.--The Secretary shall
prescribe requirements under which a human tissue specimen
shall be exempt from the requirements of paragraph (1).
(b) Falsely Labeling or Marking Package or Container; Altering
Label or Mark.--No person shall falsely label or mark any package or
container of any human tissue specimen or alter any label or mark on
the package or container of the biological product so as to falsify the
label or mark.
(c) Inspection of Establishment for Propagation and Preparation.--
(1) In general.--Any officer, agent, or employee of the
Department of Health and Human Services, authorized by the
Secretary for the purpose, may during all reasonable hours
enter and inspect any establishment for the propagation or
recovery and preparation of any human tissue specimen.
(2) Inspection by nationally recognized accrediting
bodies.--Any authorized agent of a nationally recognized
accrediting body authorized by the Secretary for the purpose,
may during all reasonable hours enter and inspect any
establishment for the propagation or recovery and preparation
of any human tissue specimen.
(3) Rule of construction.--Nothing in this subsection or
Act limits any existing authority of the Attorney General, any
State Attorney General or local law enforcement to enter and
inspect any establishment for the propagation or recovery and
preparation of any human tissue.
(d) Recall of Specimen Presenting Imminent Hazard; Violations.--
(1) Recall.--Upon a determination that a human tissue
specimen or collection of specimens licensed under this section
presents an imminent or substantial hazard to the public
health, the Secretary shall issue an order immediately ordering
the recall of such batch, lot, or other quantity of such
product. An order under this paragraph shall be issued in
accordance with section 554 of title 5.
(2) Violations.--Any violation of paragraph (1) shall
subject the violator to a civil penalty of up to $10,000 per
day of violation. The amount of a civil penalty under this
paragraph shall, effective December 1 of each year beginning 1
year after the effective date of this paragraph, be increased
by the percent change in the Consumer Price Index for the base
quarter of such year over the Consumer Price Index for the base
quarter of the preceding year, adjusted to the nearest \1/10\
of 1 percent. For purposes of this paragraph, the term ``base
quarter'', as used with respect to a year, means the calendar
quarter ending on September 30 of such year and the price index
for a base quarter is the arithmetical mean of such index for
the 3 months comprising such quarter.
(e) Penalties for Offenses.--Whoever violates any of the provisions
of this section shall be imprisoned not more than 1 year, or fined not
more than $500, or both. Section 3571 of title 18, United States Code
shall not apply to an offense under this subsection.
(f) Construction With Other Laws.--Nothing contained in this Act
shall be construed as in any way affecting, modifying, repealing, or
superseding under any existing provisions under current Federal law.
(g) Human Tissue Specimen Defined.--In this section, the term
``non-transplant tissue specimen'' means legally donated anatomical
segments, cells, collection of cells, bodily fluids, or the complete
body that are recovered for medical research and education. The term
does not include anything that would qualify as a biological product
under the Public Health Service Act. | Label and Transport Tissues Safely Act of 2014 or the LATTS Act of 2014 - Sets forth guidelines for handling human tissue specimens. Prohibits sale of human tissue for research or education unless the seller has a non-transplant tissue bank license and each package of tissue is labeled with specified information. Directs the Secretary of Health and Human Services (HHS) to establish a process for the approval, suspension, and revocation of non-transplant tissue bank licenses. Prohibits falsely labeling packages of human tissue. Allows HHS or any accrediting body authorized by HHS to enter and inspect any establishment engaged in the preparation of any human tissue specimen. Requires HHS to recall any human tissue specimen that is an imminent or substantial hazard to public health. | {"src": "billsum_train", "title": "LATTS Act of 2014"} | 1,316 | 180 | 0.621392 | 1.760525 | 0.885707 | 3.23913 | 8.710145 | 0.847826 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Health Care Protection and
Improvement Act of 1995''.
SEC. 2. IMPROVING HEALTH CARE ACCESS AND REDUCING HEALTH CARE COSTS
THROUGH TELEMEDICINE.
(a) In General.--Title XVII of the Public Health Service Act (42
U.S.C. 300u et seq.) is amended--
(1) in the title heading by striking out ``AND HEALTH
PROMOTION'' and inserting ``, HEALTH PROMOTION AND TELEMEDICINE
DEVELOPMENT'';
(2) by inserting after the title heading the following:
``Part A--Health Information and Health Promotion''; and
(3) by adding at the end thereof the following new part:
``Part B--Telemedicine Development
``SEC. 1711. GRANT PROGRAM FOR PROMOTING THE DEVELOPMENT OF RURAL
TELEMEDICINE NETWORKS.
``(a) Establishment.--The Secretary shall establish a program to
award grants to eligible entities in accordance with this subsection to
promote the development of rural telemedicine networks.
``(b) Grants for Development of Rural Telemedicine.--The Secretary
of Health and Human Services, acting through the Office of Rural Health
Policy, shall award grants to eligible entities that have applications
approved under subsection (d) for the purpose of expanding access to
health care services for individuals in rural areas through the use of
telemedicine. Grants shall be awarded under this section to--
``(1) encourage the initial development of rural
telemedicine networks;
``(2) expand existing networks;
``(3) link existing networks together; or
``(4) link such networks to existing fiber optic
telecommunications systems.
``(c) Eligible Entity Defined.--For the purposes of this section
the term `eligible entity' means hospitals and other health care
providers operating in a health care network of community-based
providers that includes at least three of the following--
``(1) community or migrant health centers;
``(2) local health departments;
``(3) community mental health centers;
``(4) nonprofit hospitals;
``(5) private practice health professionals, including
rural health clinics; or
``(6) other publicly funded health or social services
agencies.
``(d) Application.--To be eligible to receive a grant under this
section an eligible entity shall prepare and submit to the Secretary an
application at such time, in such manner and containing such
information as the Secretary may require, including a description of--
``(1) the need of the entity for the grant;
``(2) the use to which the entity would apply any amounts
received under such grant;
``(3) the source and amount of non-Federal funds that the
entity will pledge for the project funded under the grant; and
``(4) the long-term viability of the project and evidence
of the providers commitment to the network.
``(e) Preference in Awarding Grants.--In awarding grants under this
section, the Secretary shall give preference to applicants that--
``(1) are health care providers operating in rural health
care networks or that propose to form such networks with the
majority of the providers in such networks being located in a
medically undeserved area or health professional shortage area;
``(2) can demonstrate broad geographic coverage in the
rural areas of the State, or States in which the applicant is
located; and
``(3) propose to use funds received under the grant to
develop plans for, or to establish, telemedicine systems that
will link rural hospitals and rural health care providers to
other hospitals and health care providers;
``(4) will use the amounts provided under the grant for a
range of health care applications and to promote greater
efficiency in the use of health care resources;
``(5) demonstrate the long-term viability of projects
through use of local matching funds (in cash or in-kind); and
``(6) demonstrate financial, institutional, and community
support and the long-range viability of the network.
``(f) Use of Amounts.--Amounts received under a grant awarded under
this section shall be utilized for the development of telemedicine
networks. Such amounts may be used to cover the costs associated with
the development of telemedicine networks and the acquisition of
telemedicine equipment and modifications or improvements of
telecommunications facilities, including--
``(1) the development and acquisition through lease or
purchase of computer hardware and software, audio and visual
equipment, computer network equipment, modification or
improvements to telecommunications transmission facilities,
telecommunications terminal equipment, interactive video
equipment, data terminal equipment, and other facilities and
equipment that would further the purposes of this section;
``(2) the provision of technical assistance and instruction
for the development and use of such programming equipment or
facilities;
``(3) the development and acquisition of instructional
programming;
``(4) the development of projects for teaching or training
medical students, residents, and other health professions
students in rural training sites about the application of
telemedicine;
``(5) transmission costs, maintenance of equipment, and
compensation of specialists and referring practitioners;
``(6) the development of projects to use telemedicine to
facilitate collaboration between health care providers; and
``(7) such other uses that are consistent with achieving
the purposes of this section as approved by the Secretary.
``(g) Prohibited Use of Amounts.--Amounts received under a grant
awarded under this section shall not be used for--
``(1) expenditures to purchase or lease equipment to the
extent the expenditures would exceed more than 60 percent of
the total grant funds; or
``(2) expenditures for indirect costs (as determined by the
Secretary) to the extent the expenditures would exceed more
than 10 percent of the total grant funds.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
``(i) Definition.--For the purposes of this section, the term
`rural health care network' means a group of rural hospitals or other
rural health care providers (including clinics, physicians and non-
physicians primary care providers) that have entered into a
relationship with each other or with nonrural hospitals and health care
providers for the purpose of strengthening the delivery of health care
services in rural areas or specifically to improve their patients'
access to telemedicine services. At least 75 percent of hospitals and
other health care providers participating in the network shall be
located in rural areas.
``(j) Regulations on Reimbursement of Telemedicine.--Not later than
July 1, 1996, the Secretary, in consultation with the Office of Rural
Health and the Health Care Financing Administration, shall issue
regulations regarding reimbursement for telemedicine services provided
under title XVIII of the Social Security Act.''.
SEC. 3. ESTABLISHMENT OF RURAL HEALTH OUTREACH GRANT PROGRAM.
Title III of the Public Health Service Act (42 U.S.C. 241 et seq.)
is amended by adding at the end thereof the following new part:
``Part O--Rural Health Outreach Grants
``SEC. 399O. RURAL HEALTH OUTREACH GRANT PROGRAM.
``(a) In General.--The Secretary may make grants to demonstrate the
effectiveness of outreach to populations in rural areas that do not
normally seek or do not have access to health or mental health
services. Grants shall be awarded to enhance linkages, integration, and
cooperation in order to provide health or mental health services, to
enhance services, or increase access to or utilization of health or
mental health services.
``(b) Mission of the Outreach Projects.--Projects funded under
subsection (a) should be designed to facilitate the integration and
coordination of services in or among rural communities in order to
address the needs of populations living in rural or frontier
communities.
``(c) Composition of Program.--
``(1) Consortium arrangement.--To be eligible to
participate in the grant program established under subsection
(a), an applicant entity shall be a consortium of three or more
separate and distinct entities formed to carry out an outreach
project under subsection (b).
``(2) Certain requirements.--A consortium under paragraph
(1) shall be composed of three or more public or private
nonprofit health care or social service providers. Consortium
members may include local health departments, community or
migrant health centers, community mental health centers,
hospitals or private practices, or other publicly funded health
or social service agencies.
``(d) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $30,000,000
for fiscal year 1996, and such sums as may be necessary for each of the
fiscal years 1997 through 2000.''.
SEC. 4. EXTENSION OF CERTAIN PAYMENT PROVISIONS FOR MEDICARE DEPENDENT
SMALL RURAL HOSPITALS.
(a) In General.--Section 1886(d)(5)(G)(i) of the Social Security
Act (42 U.S.C. 1395ww(d)(5)(G)(i)) is amended by striking ``October 1,
1994'' and inserting ``October 1, 1999''.
(b) Payment.--Section 1886(b)(3)(D) of such Act (42 U.S.C.
1395ww(b)(3)(D)) is amended by striking ``September 30, 1994'' and
inserting ``September 30, 1999''.
(C) Effective Date.--The amendments made by this section shall take
effect as if enacted on October 1, 1994. | Rural Health Care Protection and Improvement Act of 1995 - Directs the Secretary of Health and Human Services to award grants to eligible entities to expand access to health care services for individuals in rural areas through the use of telemedicine. Authorizes appropriations.
Directs the Secretary to issue regulations regarding reimbursement for telemedicine services provided under title XVIII (Medicare) of the Social Security Act.
Amends the Public Health Service Act to authorize the Secretary to make grants to demonstrate the effectiveness of outreach to populations in rural areas that do not normally seek or have adequate access to health or mental health services. Authorizes appropriations.
Amends Medicare provisions to extend special payments under part A (Hospital Insurance) for the operating costs of inpatient services of small, rural Medicare-dependent hospitals. | {"src": "billsum_train", "title": "Rural Health Care Protection and Improvement Act of 1995"} | 2,138 | 169 | 0.624343 | 1.39209 | 0.811898 | 4.034014 | 13.204082 | 0.877551 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``At-Birth Abandoned Infants
Assistance Amendments of 1993''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) each year thousands of infants throughout the United
States are abandoned by their parents shortly after birth, such
as when a mother gives birth at a hospital under an assumed
name and address and then disappears afterwards, leaving the
infant behind, when the whereabouts of the parents are unknown,
and when infants are left to die in garbage dumpsters because
their mothers cannot care for them;
(2) infants who are abandoned during the formative months
occurring shortly after birth are denied the ability to bond
with a loving parent or parents;
(3) the process of attachment or bonding between an infant
and the same adults is essential to the development of a
healthy personality in the infant;
(4) the Inspector General of the Department of Health and
Human Services, in the February 1990 report entitled ``Crack
Babies'', states that legislation ``should reduce barriers to
placing drug exposed infants into foster care and adoptive
homes and establish `fast track' procedures to expedite child
welfare cases involving drug abuse'';
(5) according to experts, current legal rules and agency
policies make it exceedingly difficult and time consuming to
terminate parental rights of those parents who truly abandon
their infants, and as a result very few of those abandoned
infants are available for adoption;
(6) the welfare of infants abandoned during the formative
months occurring shortly after birth is of such special
interest and concern to our society that if there are persons
desiring to adopt and parentally bond with such an infant, the
infant should be afforded the right to expeditious placement
with, and adoption by, such persons; and
(7) other steps should be taken to expedite the adoption of
infants who are abandoned during the formative months occurring
shortly after birth.
SEC. 3. PURPOSE.
The purpose of this Act is to encourage States to implement a
system that will expedite the initiation of the adoption process for
infants abandoned at birth. In doing so, States will appoint competent
persons to be preadoptive parents for infants abandoned at birth in
order to provide a proper and loving home during the infants' formative
months. The preadoptive parents will also be responsible for initiating
legal proceedings that could lead to the legal adoption of the infant.
Once the proceedings have been initiated, the State courts of proper
jurisdiction will continue to be responsible for the final decision,
taking into account the legal rights of all the parties involved,
including the infant abandoned at birth, the natural parents, the
preadoptive parents, and the State.
SEC. 4. ADOPTION BY PREADOPTIVE PARENTS OF CERTAIN ABANDONED INFANTS.
(a) Certain State Laws Required as Condition of Project Grants.--
Title 1 of the Abandoned Infants Assistance Act of 1988 (42 U.S.C. 670
note) is amended--
(1) in section 101(a), by striking ``The Secretary'' in the
matter preceding paragraph (1) and inserting ``Subject to
section 101A, the Secretary''; and
(2) by inserting after section 101 the following section:
``SEC. 101A. CERTAIN STATE LAWS REQUIRED AS CONDITION OF PROJECT
GRANTS.
``(a) In General.--The Secretary may not make a grant under section
101 to a public or nonprofit private entity unless the project for
which the grant is to be made is located in a State for which there is
in effect State laws and rules of law that provide all of the
following:
``(1) Within 30 days after the State obtains custody of a
designated abandoned infant (as defined in subsection (b)), the
State shall--
``(A) find 1 or more individuals to be the
preadoptive parents of such infant;
``(B) designate such individual or individuals as
the preadoptive parents of the infant; and
``(C) place the infant with such individual or
individuals.
``(2)(A) During the 90-day period beginning on the date a
designated abandoned infant is placed with the preadoptive
parents of the infant, the preadoptive parents shall have the
right to petition the courts of the State for an expedited
hearing--
``(i) to terminate the parental rights of all other persons
with respect to the infant; and
``(ii) to become the adoptive parents of the infant.
``(B) In determining whether to grant a petition described
in subparagraph (A), the courts of the State shall not draw any
inference adverse to the interests of a petitioner by reason of
the present or former status of any petitioner as a foster
parent.
``(3) If the preadoptive parents of a designated abandoned
infant fail to file a petition described in paragraph (2)(A)
during the 90-day period described in such paragraph, the State
shall--
``(A) immediately revoke their designation as the
preadoptive parents of the infant; and
``(B) within 30 days after the end of such 90-day
period--
``(i) find 1 or more individuals (other
than the former preadoptive parents of the
infant) to be the new preadoptive parents of
the infant;
``(ii) designate such individual or
individuals as the preadoptive parents of the
infant; and
``(iii) place the infant with such
individual or individuals.
``(b) Definitions.--For purposes of this section, the term
`designated abandoned infant' means an abandoned infant--
``(1) who has not attained the age of 18 months; and
``(2) whose abandonment occurs during the first 6 months
after the infant is born.
``(c) Rule of Construction.--The provisions and rules of State law
that are enacted or adopted pursuant to this subsection shall not be
construed to affect any provision or rule of State law with respect to
the abandonment of children that is not so enacted or adopted, except
to the extent that such provisions or rules of State law are in direct
conflict.''.
(b) Applicability.--The amendment made by subsection (a) shall not
apply to any child who attains the age of 18 months before the date of
the enactment of this Act.
SEC. 5. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), the
amendments made by this Act shall apply to grants under section 101 of
the Abandoned Infants Assistance Act of 1988 for fiscal years beginning
after the fiscal year in which this Act is enacted.
(b) Delay Permitted if State Legislation Required.--In the case of
a grant under section 101 of the Abandoned Infants Assistance Act of
1988 to a project with respect to which the Secretary of Health and
Human Services determines that State legislation is required (other
than legislation appropriating funds) in order to meet the condition
established in section 101A of such Act for the project to receive such
a grant, the project shall not be regarded as failing to meet such
condition solely on the basis that such legislation is not in effect
before the 1st day of the 1st calendar quarter beginning after the
close of the 1st regular session of the State legislature that begins
after the date of the enactment of this Act. For purposes of the
previous sentence, in the case of a State that has a 2-year legislative
session, each year of such session shall be deemed to be a separate
regular session of the State legislature. | At-Birth Abandoned Infants Assistance Amendments of 1993 - Amends the Abandoned Infants Assistance Act of 1988 to condition Federal project grants upon the existence of a State statutory scheme which effectuates: (1) the designation of preadoptive parents; (2) prompt placement of designated abandoned infants with preadoptive parents; and (3) expedited judicial proceedings to establish permanent parental rights for such preadoptive parents (thereby terminating the parental rights of all other persons with respect to that infant). | {"src": "billsum_train", "title": "At-Birth Abandoned Infants Assistance Amendments of 1993"} | 1,697 | 115 | 0.576977 | 1.614405 | 0.66596 | 2.633333 | 17.3 | 0.855556 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Cyber Security Leadership
Act of 2003''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Federal agencies rely on networked computer systems to
deliver critical services and information to the American
people, including operations related to national defense,
emergency services, tax collection, and the payment of
benefits.
(2) There has been an astonishing increase in cyber threats
to government and industry in recent years. The number of cyber
attacks on Federal Government systems in 2001 was 71 percent
greater than the number of such attacks on such systems in
2000.
(3) Cyber attacks can cause irreparable harm in network
systems, including the loss or dissemination of sensitive and
important data. Cyber attacks can also reduce the confidence of
the American people in the integrity and security of the
Internet.
(4) There is mounting evidence to suggest that terrorists
view the Internet as a tool to achieve their goals. Government
investigators found that al Qaeda operatives browsed Internet
sites that offered software describing the digital switches
that control power, water, transport, and communications grids.
(5) The Bush Administration has recognized in its draft
National Strategy to Secure Cyberspace ``the pressing need to
make federal cyberspace security a model for the nation''.
(6) All but a few Federal agencies continue to receive
failing grades for their cyber security programs.
(7) Federal agencies must take significant steps to better
protect themselves against cyber attacks, including--
(A) identifying significant vulnerabilities in
their computer networks and the tools needed to detect
such vulnerabilities;
(B) monitoring for new vulnerabilities in their
computer networks, and assessing risks of cyber
attacks;
(C) testing computers against identified
vulnerabilities; and
(D) ensuring that computers and networks are
adequately protected against such vulnerabilities.
SEC. 3. DEFINITIONS.
In this Act:
(1) Chief information officer.--The term ``Chief
Information Officer'', with respect to an agency, means the
official designated as the Chief Information Officer of the
agency pursuant to section 3506(a)(2) of title 44, United
States Code.
(2) Vulnerability.--The term ``vulnerability'', in the case
of information technology, means an error or defect in coding,
configuration, or installation of such information technology
that increases its susceptibility to a cyber threat.
(3) Other definitions.--Except as otherwise provided in
this section, any term used in this Act which is defined in
section 3502 of title 44, United States Code, shall have the
meaning given that term in such section 3502.
SEC. 4. ELIMINATION OF SIGNIFICANT VULNERABILITIES OF FEDERAL
GOVERNMENT INFORMATION TECHNOLOGY.
(a) In General.--The Chief Information Officer of each agency
shall--
(1) identify the significant vulnerabilities of the
information technology of such agency, including--
(A) vulnerabilities of such classes of information
technology of such agency as the Chief Information
Officer shall designate for purposes of this section;
and
(B) vulnerabilities of the information technology
of such agency as a whole;
(2) establish performance goals for eliminating the
significant vulnerabilities of the information technology of
such agency identified under paragraph (1), with such
performance goals--
(A) to be established utilizing the current state
of the information technology of such agency as a
baseline;
(B) to be stated both for particular classes of
information technology of such agency (as determined
under paragraph (1)(A)) and for the information
technology of such agency as a whole; and
(C) to be expressed as target ratios of
vulnerabilities per information technology;
(3) procure or develop tools to identify and eliminate the
vulnerabilities identified under paragraph (1) in order to
achieve the performance goals established under paragraph (2);
(4) train personnel of such agency in the utilization of
tools procured or developed under paragraph (3);
(5) not less often than once each quarter, test the
information technology of such agency to determine the extent
of the compliance of the information technology with the
performance goals established under paragraph (3); and
(6) to the extent that the information technology of such
agency does not comply with the performance goals established
under paragraph (3), promptly develop and implement a plan to
eliminate significant vulnerabilities in the information
technology in order to achieve compliance with such performance
goals.
(b) Annual Report on Activities.--
(1) Requirement.--The Chief Information Officer of each
agency shall include information on its activities under
subsection (a) in each annual report submitted to the Director
of the Office of Management and Budget under section 3545(e) of
title 44, United States Code (as amended by section 301(b) of
the Federal Information Security Management Act of 2002 (title
III of Public Law 107-347)).
(2) Form.--The form of information submitted under
paragraph (1) shall be specified by the Director of the Office
of Management and Budget.
(c) Governmentwide Standards.--
(1) Review by nist.--The Director of the Office of
Management and Budget shall ensure the review by the Director
of the National Institute of Standards and Technology of the
annual reports submitted under subsection (b) in the first year
after the date of the enactment of this Act.
(2) Guidelines.--Not later than 180 days after receiving
annual reports for review under paragraph (1), the Director of
the National Institute of Standards and Technology shall
develop and make available to the Chief Information Officers of
the agencies governmentwide guidelines for use in complying
with subsection (a). The guidelines shall--
(A) identify vulnerabilities of information
technology common to the agencies; and
(B) describe means of eliminating such
vulnerabilities, including the use of checklists
pursuant to section 8(c) of the Cyber Security Research
and Development Act (Public Law 107-305).
(3) Mandatory use.--
(A) Designation of vulnerabilities.--The Director
of the National Institute of Standards and Technology
shall designate as a result of the review under
paragraph (1) any significant vulnerabilities of
information technology of such broad applicability and
severity so as to warrant the mandatory use of the
guidelines developed under paragraph (2) with respect
to such vulnerabilities.
(B) Mandatory use.--The Secretary of Commerce
shall, using the authority available to the Secretary
under section 11331(b) of title 40, United States Code,
mandate the use by the agencies of guidelines developed
under paragraph (2) with respect to vulnerabilities
designated under subparagraph (A).
(C) Use and exception.--Each agency shall use a
standard mandated under subparagraph (B) unless the
Chief Information Officer of such agency determines,
with the concurrence of the Director of the National
Institute of Standards and Technology, that the use of
such guideline by such agency would not increase the
security of the information technology covered by such
standard.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--There is authorized to be
appropriated to carry out the provisions of this Act amounts as
follows:
(1) For the Department of Commerce for the National
Institute of Standards and Technology, $1,000,000 for fiscal
year 2004 to develop the guidelines required by section 4(c).
(2) For each agency, such sums as may be necessary for such
agency for fiscal years 2004 through 2008 to carry out the
provisions of this Act.
(b) Availability.--The amount authorized to be appropriated by
subsection (a)(1) shall remain available until expended.
SEC. 6. EFFECTIVE DATE.
This Act shall take effect 180 days after the date of the enactment
of this Act. | National Cyber Security Leadership Act of 2003 - Requires the Chief Information Officer of each Federal agency to: (1) identify the significant vulnerabilities of the information technology (IT) of such agency; (2) establish performance goals for eliminating such vulnerabilities; (3) procure or develop tools to identify and eliminate those vulnerabilities in order to achieve such performance goals; (4) train personnel in the utilization of those tools; (5) test the agency's IT to determine the extent of its compliance with the performance goals; and (6) develop and implement a plan to eliminate significant vulnerabilities in order to achieve compliance.Requires: (1) each Officer to include information on the agency's activities under this Act in annual reports on the agency's information security program and practices submitted to the Director of the Office of Management and Budget (OMB); and (2) the OMB Director to ensure the review of such reports by the Director of the National Institute of Standards and Technology (NIST); (3) the NIST Director to designate, as the result of such review, any significant IT vulnerabilities of such broad applicability and severity so as to warrant the use of government-wide guidelines the Director shall develop and make available to such Officers for complying with this Act; and (4) the Secretary of Commerce to mandate agency use of such guidelines. | {"src": "billsum_train", "title": "A bill to provide for the elimination of significant vulnerabilities in the information technology of the Federal Government, and for other purposes."} | 1,601 | 267 | 0.605211 | 1.808455 | 0.775103 | 3.452471 | 6.045627 | 0.935361 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Security and Job Protection
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Current law requires that there be across-the-board
cuts, known as a ``sequester'', imposed on January 2, 2013. The
sequester will result in a 10 percent reduction in non-military
personnel programs of the Department of Defense and an 8
percent reduction in certain domestic programs, such as the
National Institutes of Health (NIH) and border security.
(2) Intended as a mechanism to force action, there is
bipartisan agreement that the sequester going into place would
undercut key responsibilities of the Federal Government.
(3) As the Administration stated in its fiscal year 2013
budget request, ``[Sequestration] would lead to significant
cuts to critical domestic programs such as education and
research and cuts to defense programs that could undermine our
national security. * * * [C]uts of this magnitude done in an
across-the-board fashion would be devastating both to defense
and non-defense programs.'' (The Budget of the United States
Government, Fiscal Year 2013, p. 24, February 13, 2012).
(4) On March 29, 2012, The House of Representatives passed
H. Con. Res. 112, the budget resolution for fiscal year 2013,
which includes reconciliation instructions directing House
Committees to craft legislation that would achieve the savings
required to replace the sequestration called for in fiscal year
2013, as established by the Budget Control Act of 2011.
(5) On May 10, 2012, the House of Representatives passed
H.R. 5652, the Sequestration Replacement Reconciliation Act of
2012, which would replace the $98 billion sequestration of
discretionary spending called for in 2013, as established by
the Budget Control Act of 2011, by making changes in law to
reduce direct spending by $310 billion through fiscal year
2022.
(6) An analysis of the impact of the sequestration prepared
for the Chairman of the House Armed Services Committee found
that if left in place, sequestration would cut the military to
its smallest size since before the Second World War, all while
we are still a nation at war in Afghanistan, facing increased
threats from Iran and North Korea, unrest in the Middle East,
and a rising China.
(7) Major consequences identified by the House Armed
Services Committee include the following:
(A) 200,000 soldiers and Marines separated from
service, bringing our force well below our pre-9/11
levels.
(B) Ability to respond to contingencies in North
Korea or Iran at jeopardy.
(C) The smallest ground force since 1940.
(D) A fleet of fewer than 230 ships, the smallest
level since 1915.
(E) The smallest tactical fighter force in the
history of the Air Force.
(F) Our nuclear triad that has kept the U.S. and 30
of our allies safe for decades will be in jeopardy.
(G) Reductions of 20 percent in defense civilian
personnel.
(H) Two BRAC rounds of base closings. (House Armed
Services Committee memo entitled ``Assessment of
Impacts of Budget Cuts'', September 22, 2011).
(8) Secretary Panetta and the professional military
leadership have also looked at the impact of sequestration and
reached similar conclusions.
(9) Secretary Panetta stated, ``If the maximum
sequestration is triggered, the total cut will rise to about $1
trillion compared with the FY 2012 plan. The impacts of these
cuts would be devastating for the Department * * * Facing such
large reductions, we would have to reduce the size of the
military sharply. Rough estimates suggest after ten years of
these cuts, we would have the smallest ground force since 1940,
the smallest number of ships since 1915, and the smallest Air
Force in its history.'' (Secretary Panetta, Letter to Senator
John McCain, November 14, 2011).
(10) General Dempsey, Chairman of the Joint Chiefs of
Staff, stated, ``[S]equestration leaves me three places to go
to find the additional money: operations, maintenance, and
training. That's the definition of a hollow force.''.
(11) The individual branch service chiefs echoed General
Dempsey:
(A) ``Cuts of this magnitude would be catastrophic
to the military * * * My assessment is that the nation
would incur an unacceptable level of strategic and
operational risk.''--General Ray T. Odierno, Chief Of
Staff, United States Army.
(B) ``A severe and irreversible impact on the
Navy's future''--Admiral Jonathan W. Greenert, Chief of
Naval Operations.
(C) ``A Marine Corps below the end strength that's
necessary to support even one major contingency,''--
General James F. Amos, Commandant of the Marine Corps.
(D) ``Even the most thoroughly deliberated strategy
may not be able to overcome dire consequences,''--
General Norton A. Schwartz, Chief of Staff, United
States Air Force (Testimony of Service Chief before
House Armed Services Committee, November 2, 2011).
(12) According to an analysis by the House Appropriations
Committee, the sequester will also have a significant impact on
non-defense discretionary programs, including the following:
(A) Automatically reducing Head Start by $650
million, resulting in 75,000 fewer slots for children
in the program.
(B) Automatically reducing the National Institutes
of Health (NIH) by $2.4 billion, an amount equal to
nearly half of total NIH spending on cancer this year.
(C) A reduction of approximately 1,870 Border
Patrol Agents (a reduction of nearly 9 percent of the
total number of agents).
(13) Beyond the negative impacts sequestration will have on
defense readiness, it will also undermine the industrial base
needed to equip our armed forces with the weapons and
technology they need to complete their mission. A study
released by the National Association of Manufacturers suggests
that 1.1 million workers in the supply chain could be adversely
affected, including 3.4 percent of workers in the aerospace
industry, 3.3 percent of the workforce in the shipbuilding
industry and 10 percent of the workers in the search and
navigation equipment industry.
SEC. 3. CONDITIONAL REPLACEMENT FOR FY 2013 SEQUESTER.
(a) Contingent Effective Date.--This section and the amendments
made by it shall take effect upon the enactment of--
(1) the Act contemplated in section 201 of H. Con. Res. 112
(112th Congress) that achieves at least the deficit reduction
called for in such section for such periods; or
(2) similar legislation that achieves outlay reductions
within five years after the date of enactment that equal or
exceed the outlay reductions flowing from the budget authority
reductions mandated by sections 251A(7)(A) and 251A(8) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
in force immediately before the date of enactment of this Act,
as it applies to direct spending in the defense function for
fiscal year 2013 combined with the outlay reductions flowing
from the amendment to section 251A(7)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985 made by
subsection (c) of this section.
(b) Revised 2013 Discretionary Spending Limit.--Paragraph (2) of
section 251(c) of the Balanced Budget and Emergency Deficit Control Act
of 1985 is amended to read as follows:
``(2) with respect to fiscal year 2013, for the
discretionary category, $1,047,000,000,000 in new budget
authority;''.
(c) Discretionary Savings.--Section 251A(7)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985 is amended to read as
follows:
``(A) Fiscal year 2013.--
``(i) Fiscal year 2013 adjustment.--On
January 2, 2013, the discretionary category set
forth in section 251(c)(2) shall be decreased
by $19,104,000,000 in budget authority.
``(ii) Enforcement of discretionary
spending caps.--OMB shall issue a supplemental
report consistent with the requirements set
forth in section 254(f)(2) for fiscal year 2013
using the procedures set forth in section
253(f) on April 15, 2013, to eliminate any
discretionary spending breach of the spending
limit set forth in section 251(c)(2) as
adjusted by clause (i), and the President shall
issue an order to eliminate the breach, if any,
identified in such report.''.
(d) Elimination and Conditional Replacement of the Fiscal Year 2013
Sequestration for Direct Spending.--
(1) Elimination.--Any sequestration order issued by the
President under the Balanced Budget and Emergency Deficit
Control Act of 1985 to carry out reductions to direct spending
for the defense function (050) for fiscal year 2013 pursuant to
section 251A of such Act shall have no force or effect.
(2) Conditional replacement.--To the extent that
legislation enacted pursuant to section 3(a)(2) achieves outlay
reductions that exceed the outlay reductions flowing from the
budget authority reductions required in section 251A(8) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
in force immediately before the date of enactment of this Act,
the direct spending reductions for the nonsecurity category for
fiscal year 2013 otherwise required to be ordered pursuant to
such section shall be reduced by that amount, and Congress so
designates for such purpose.
SEC. 4. PRESIDENTIAL SUBMISSION.
Not later than October 15, 2012, the President shall transmit to
Congress a legislative proposal that meets the requirements of section
3(a)(2) of this Act.
Passed the House of Representatives September 13, 2012.
Attest:
KAREN L. HAAS,
Clerk. | National Security and Job Protection Act - Makes the effective date of this Act contingent upon enactment of: (1) the reconciliation Act with certain spending reductions for a specified deficit reduction contemplated by H.Con.Res. 112, as passed by the House of Representatives on March 16, 2012; or (2) similar legislation that achieves outlay reductions within five years after enactment that equal or exceed specified outlay reductions flowing from the budget authority reductions required by the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act), as in force immediately before enactment of this Act, as it applies to direct spending in the defense function for FY2013 combined with the outlay reductions flowing from the across-the-board decrease in discretionary spending made by this Act.
Amends the Gramm-Rudman-Hollings Act to abolish the distinction between security and nonsecurity categories of discretionary spending for new budget authority in FY2013. Combines the dollar amounts of the current categories ($686 billion for the security category and $361 billion for the nonsecurity category) into a single amount of $1.047 trillion in new budget authority.
Revises sequestration requirements for FY2013 to require a $19.104 billion across-the-board decrease in the discretionary spending category as of January 2, 2013.
Directs the Office of Management and Budget (OMB) to issue a supplemental sequestration report for FY2013 to eliminate any discretionary spending breach of the $1.047 trillion spending limit, as adjusted by the $19.104 billion across-the-board reduction requirement of this Act. Directs the President to issue an order to eliminate the breach, if any, identified in such report.
Nullifies any sequestration order the President may issue under the Gramm-Rudman-Hollings Act to carry out reductions to direct spending for the FY2013 defense function (050).
Provides that, if the legislation referred to above is enacted and achieves the outlay reductions specified, and those reductions exceed the outlay reductions flowing from the spending budget authority reductions required by the Gramm-Rudman-Hollings Act, the direct spending reductions for the nonsecurity category for FY2013 (otherwise required to be reduced) shall be reduced by the difference.
Requires the President by October 15, 2012, to transmit to Congress a legislative proposal that meets such requirements. | {"src": "billsum_train", "title": "To amend the Balanced Budget and Emergency Deficit Control Act of 1985 to replace the sequester established by the Budget Control Act of 2011."} | 2,174 | 529 | 0.58156 | 2.086486 | 0.661747 | 3.311213 | 4.512586 | 0.871854 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Equal Access Improvement Act''.
SEC. 2. EQUAL ACCESS TO EXPENSE REIMBURSEMENT.
(a) In General.--Section 802 of The Equal Access Act (20 U.S.C.
4071) is amended--
(1) by redesignating subsections (d) through (f) as
subsections (g) through (i), respectively; and
(2) by inserting after subsection (c), the following:
``(d)(1) Subject to subsection (i), it shall be unlawful for any
public intermediate school or secondary school that--
``(A) receives Federal financial assistance;
``(B) maintains a limited open forum as described in
subsection (b); and
``(C) provides for the reimbursement of the expenses of one
or more noncurriculum-related student groups or students
pursuing noncurriculum-related activities;
to deny equal treatment, to any student group or student, respectively,
seeking reimbursement for similar expenses, on the basis of the
religious, political, philosophical, or other content of the speech or
activity engaged in by such student group or student, respectively.
``(2) Nothing in this subsection shall be construed to prevent a
public intermediate school or secondary school from granting or denying
a reimbursement request pursuant to a neutral policy administered
without regard to the religious, political, philosophical, or other
content of the speech or activity engaged in by the student group or
student seeking the reimbursement.''.
(b) Construction.--Subsection (g) of section 802 of The Equal
Access Act (20 U.S.C. 4071), as amended in subsection (a), is further
amended--
(1) in paragraph (3), by inserting after ``beyond'' the
following: ``the reimbursement of expenses on a
nondiscriminatory basis as provided for in subsection (d), and
payment of'';
(2) in paragraph (4), by inserting ``or activity'' after
``meeting'' each place it appears; and
(3) in paragraph (5), by inserting ``or activities'' after
``meetings''.
SEC. 3. EQUAL ACCESS FOR DISTRIBUTION OF MATERIALS.
Section 802 of The Equal Access Act (20 U.S.C. 4071) is amended by
inserting after subsection (d), as added by section 2, the following:
``(e)(1) Subject to subsection (i), it shall be unlawful for any
public intermediate school or secondary school that--
``(A) receives Federal financial assistance;
``(B) maintains a limited open forum as described in
subsection (b); and
``(C) permits one or more noncurriculum-related student
groups or students pursuing noncurriculum-related activities to
distribute newsletters or other written materials;
to deny equal treatment, to any student group or student, respectively,
seeking a similar opportunity to distribute newsletters or other
written materials, on the basis of the religious, political,
philosophical, or other content of the speech or activity engaged in by
such student group or student, respectively.
``(2) Nothing in this subsection shall be construed to prevent a
public intermediate school or secondary school from granting or denying
a request to distribute newsletters or other written materials pursuant
to a neutral policy that--
``(A) is administered without regard to the religious,
political, philosophical, or other content of the speech or
activity engaged in by the student group or student making the
request; and
``(B) imposes reasonable time, place, and manner
restrictions on the distribution of newsletters or other
written materials consistent with the first and 14th amendments
to the Constitution.''.
SEC. 4. EQUAL ACCESS FOR COMMUNITY GROUPS.
(a) In General.--Section 802 of The Equal Access Act (20 U.S.C.
4071) is amended by inserting after subsection (e), as added by section
3, the following:
``(f)(1) Subject to subsection (i), it shall be unlawful for any
public elementary school, intermediate school, or secondary school
that--
``(A) receives Federal financial assistance; and
``(B) has a limited community forum with respect to
noncurriculum-related community groups or individuals from the
community pursuing noncurriculum-related activities as
described in paragraph (2);
to deny equal access to, or discriminate against, any community group
or any individual from the community, respectively, who desires to
conduct a meeting, or otherwise use school facilities, within that
limited community forum, on the basis of the religious, political,
philosophical, or other content of the speech or activity engaged in by
such community group or individual, respectively.
``(2) In this subsection, a public elementary school, intermediate
school, or secondary school has a limited community forum if such
school grants an offering to or opportunity for one or more
noncurriculum-related community groups or individuals from the
community pursuing noncurriculum-related activities to meet on school
premises or otherwise use school facilities during noninstructional
time.
``(3) Nothing in this subsection shall be construed to prevent a
public elementary school, intermediate school, or secondary school from
granting or denying a request by a community group or individual from a
community to meet on school premises or otherwise use school facilities
pursuant to a neutral policy administered without regard to the
religious, political, philosophical, or other content of the speech or
activities engaged in by the community group or individual.
``(4) In this subsection, the term `elementary school' means a
school that provides elementary education, as defined by State law.''.
(b) Construction.--Subsection (g) of section 802 of The Equal
Access Act (20 U.S.C. 4071), as amended in section 2, is further
amended--
(1) in paragraph (3), by inserting ``or meetings initiated
by a community group or individual from a community'' after
``student-initiated meetings''; and
(2) in paragraph (6), by inserting ``or community groups''
after ``groups of students''.
SEC. 5. EXTENSION OF EQUAL ACCESS GUARANTEES TO PUBLIC INTERMEDIATE
SCHOOLS.
(a) In General.--Section 802 of The Equal Access Act (20 U.S.C.
4071) is amended by striking subsections (a) through (c) and inserting
the following:
``(a) Subject to subsection (i), it shall be unlawful for any
public intermediate school or secondary school that receives Federal
financial assistance and that has a limited open forum with respect to
noncurriculum-related student groups or students pursuing
noncurriculum-related activities to deny equal access or a fair
opportunity to, or discriminate against, any student group or student,
respectively, who wishes to conduct a meeting, or otherwise use school
facilities, within that limited open forum, on the basis of the
religious, political, philosophical, or other content of the speech or
activity at such meetings.
``(b) In this subsection, a public intermediate school or secondary
school has a limited open forum if such school grants an offering to or
opportunity for one or more noncurriculum-related student groups or
students pursuing noncurriculum-related activities to meet on school
premises or otherwise use school facilities during noninstructional
time.
``(c) Schools shall be deemed to offer a fair opportunity to
student groups and students who wish to conduct a meeting, or otherwise
use school facilities, within its limited open forum if such school
uniformly provides that--
``(1) the meeting or use of facilities is voluntary and
student-initiated;
``(2) there is no sponsorship of the meeting or use of
facilities by the school, the government, or its agents or
employees;
``(3) employees or agents of the school or government are
present at religious meetings or activities involving the use
of facilities only in a nonparticipatory capacity;
``(4) the meeting or use of facilities does not materially
and substantially interfere with the orderly conduct of
educational activities within the school; and
``(5) nonschool persons may not direct, conduct, control,
or regularly attend activities of student groups or
students.''.
(b) Definitions.--Section 803 of the The Equal Access Act (20
U.S.C. 4072) is amended by adding at the end the following:
``(5) The term `intermediate school' means a public school
that provides education to students in grade 6 or higher and
that does not provide education to students in grade 5 or
lower.''. | Equal Access Improvement Act - Amends the Equal Access Act to require public schools which receive Federal assistance to grant equal access to students, student groups, and community groups, regardless of the religious, political, philosophical, or other content of speech or activity they engage in.
Requires such equal access for public intermediate and secondary noncurriculum-related school groups, or students pursuing noncurriculum-related activities, to: (1) expense reimbursement; and (2) opportunity to distribute materials.
Requires such equal access for community groups to meeting space or other use of facilities at public elementary, intermediate, and secondary schools with a limited community forum.
Extends current equal access guarantees for public secondary noncurriculum-related school groups and students pursuing noncurriculum-related activities during non-instructional time, to such groups and students in public intermediate schools, with respect to access to meeting space or other use of school facilities in such a limited open forum. | {"src": "billsum_train", "title": "Equal Access Improvement Act"} | 1,929 | 209 | 0.618179 | 1.74618 | 0.899578 | 2.521978 | 9.824176 | 0.906593 |
SECTION 1. INCLUSION OF ADDITIONAL PORTION OF THE LITTLE SANDY RIVER
WATERSHED IN THE BULL RUN WATERSHED MANAGEMENT UNIT,
OREGON.
(a) In General.--Public Law 95-200 (16 U.S.C. 482b note; 91 Stat.
1425) is amended by striking section 1 and inserting the following:
``SECTION 1. ESTABLISHMENT OF SPECIAL RESOURCES MANAGEMENT UNIT;
DEFINITION OF SECRETARY.
``(a) Definition of Secretary.--In this Act, the term `Secretary'
means--
``(1) with respect to land administered by the Secretary of
Agriculture, the Secretary of Agriculture; and
``(2) with respect to land administered by the Secretary of the
Interior, the Secretary of the Interior.
``(b) Establishment.--
``(1) In general.--There is established, subject to valid
existing rights, a special resources management unit in the State
of Oregon, comprising approximately 98,272 acres, as depicted on a
map dated May 2000 and entitled `Bull Run Watershed Management
Unit'.
``(2) Map.--The map described in paragraph (1) shall be on file
and available for public inspection in the offices of--
``(A) the Regional Forester-Pacific Northwest Region of the
Forest Service; and
``(B) the Oregon State Director of the Bureau of Land
Management.
``(3) Boundary adjustments.--The Secretary may periodically
make such minor adjustments in the boundaries of the unit as are
necessary, after consulting with the city and providing for
appropriate public notice and hearings.''.
(b) Conforming and Technical Amendments.--
(1) Secretary.--Public Law 95-200 (16 U.S.C. 482b note; 91
Stat. 1425) is amended by striking ``Secretary of Agriculture''
each place it appears (except subsection (b) of section 1, as added
by subsection (a), and except in the amendments made by paragraph
(2)) and inserting ``Secretary''.
(2) Applicable law.--
(A) In general.--Section 2(a) of Public Law 95-200 (16
U.S.C. 482b note; 91 Stat. 1425) is amended by striking
``applicable to National Forest System lands'' and inserting
``applicable to land under the administrative jurisdiction of
the Forest Service (in the case of land administered by the
Secretary of Agriculture) or applicable to land under the
administrative jurisdiction of the Bureau of Land Management
(in the case of land administered by the Secretary of the
Interior)''.
(B) Management plans.--The first sentence of section 2(c)
of Public Law 95-200 (16 U.S.C. 482b note; 91 Stat. 1426) is
amended--
(i) by striking ``subsection (a) and (b)'' and
inserting ``subsections (a) and (b)''; and
(ii) by striking ``, through the maintenance'' and
inserting ``(in the case of land administered by the
Secretary of Agriculture) or section 202 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1712) (in
the case of land administered by the Secretary of the
Interior), through the maintenance''.
SEC. 2. MANAGEMENT.
(a) Timber Cutting Restrictions.--Section 2(b) of Public Law 95-200
(16 U.S.C. 482b note; 91 Stat. 1426) is amended by striking paragraph
(1) and inserting the following:
``(1) In general.--Subject to paragraph (2), the Secretary
shall prohibit the cutting of trees on Federal land in the unit, as
designated in section 1 and depicted on the map referred to in that
section.''.
(b) Repeal of Management Exception.--The Oregon Resource
Conservation Act of 1996 (division B of Public Law 104-208) is amended
by striking section 606 (110 Stat. 3009-543).
(c) Repeal of Duplicative Enactment.--Section 1026 of division I of
the Omnibus Parks and Public Lands Management Act of 1996 (Public Law
104-333; 110 Stat. 4228) and the amendments made by that section are
repealed.
(d) Water Rights.--Nothing in this section strengthens, diminishes,
or has any other effect on water rights held by any person or entity.
SEC. 3. LAND RECLASSIFICATION.
(a) Oregon and California Railroad Land.--Not later than 180 days
after the date of enactment of this Act, the Secretary of Agriculture
and the Secretary of the Interior shall identify any Oregon and
California Railroad land that is subject to the distribution provision
of title II of the Act of August 28, 1937 (43 U.S.C. 1181f), within the
boundary of the special resources management area described in section
1 of Public Law 95-200 (as amended by section 1(a)).
(b) Public Domain Land.--
(1) Definition of public domain land.--
(A) In general.--In this subsection, the term ``public
domain land'' has the meaning given the term ``public land'' in
section 103 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1702).
(B) Exclusion.--The term ``public domain land'' does not
include any land managed under the Act of August 28, 1937 (43
U.S.C. 1181a et seq.).
(2) Identification.--Not later than 18 months after the date of
enactment of this Act, the Secretary of the Interior shall identify
public domain land within the Medford, Roseburg, Eugene, Salem, and
Coos Bay Districts and the Klamath Resource Area of the Lakeview
District of the Bureau of Land Management in the State of Oregon
that--
(A) is approximately equal in acreage and condition as the
land identified in subsection (a); but
(B) is not subject to the Act of August 28, 1937 (43 U.S.C.
1181a et seq.).
(c) Maps.--Not later than 2 years after the date of enactment of
this Act, the Secretary of the Interior shall submit to Congress and
publish in the Federal Register 1 or more maps depicting the land
identified in subsections (a) and (b).
(d) Reclassification.--After providing an opportunity for public
comment, the Secretary of the Interior shall administratively
reclassify--
(1) the land described in subsection (a), as public domain land
(as the term is defined in subsection (b)) that is not subject to
the distribution provision of title II of the Act of August 28,
1937 (43 U.S.C. 1181f); and
(2) the land described in subsection (b), as Oregon and
California Railroad land that is subject to the Act of August 28,
1937 (43 U.S.C. 1181a et seq.).
SEC. 4. FUNDING FOR ENVIRONMENTAL RESTORATION.
There is authorized to be appropriated to carry out, in accordance
with section 323 of the Department of the Interior and Related Agencies
Appropriations Act, 1999 (16 U.S.C. 1101 note; 112 Stat. 2681-290),
watershed restoration that protects or enhances water quality, or
relates to the recovery of endangered species or threatened species
listed under the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.), in Clackamas County, Oregon, $10,000,000.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Includes an additional portion of the Little Sandy River Watershed in the Bull Run Watershed Management Unit in Oregon.Repeals an exception allowing certain timber cutting in the Unit to require the Secretary of Agriculture or the Interior, as applicable, to prohibit the cutting of trees on Federal land throughout the Unit.Requires the Secretaries of Agriculture and of the Interior to identify: (1) any Oregon and California Railroad land (O&C lands) within the Unit that is subject to certain annual funds distribution requirements; and (2) public domain land within specified Bureau of Land Management Districts in Oregon that is approximately equal in acreage and condition as such O&C land, but not subject to specified Federal law relating to the Oregon and California Railroad and Coos Bay Wagon Road grant lands. Requires such Secretary, in accordance with specified administrative procedures, to reclassify: (1) the O&C land within the Unit as public domain land not subject to the annual funds distribution requirements; and (2) the public domain land within such Districts as O&C land subject to such Federal law and funds distribution requirements.Authorizes appropriations for watershed restoration in Clackamas County, Oregon. | {"src": "billsum_train", "title": "To provide further protections for the watershed of the Little Sandy River as part of the Bull Run Watershed Management Unit, Oregon, and for other purposes."} | 1,753 | 252 | 0.570613 | 1.690095 | 0.835528 | 2.763889 | 6.902778 | 0.847222 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Broadband Investment Act of
2013'' or the ``RBI Act of 2013''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``applicable Federal-State Joint Board''
means--
(A) the Federal-State Joint Board on Universal
Service; and
(B) if the limitations in the proposal submitted by
the Commission to the Federal-State Joint Board on
Universal Service under section 4(b)(1)(A) result in a
revision of the jurisdictional allocation of expenses,
the Federal-State Joint Board on Separations;
(2) the term ``Commission'' means the Federal
Communications Commission;
(3) the term ``revised proposal for rural support'' means a
revised proposal to establish limitations on study area total
unseparated loop costs of rural rate-of-return carriers;
(4) the term ``rural carrier'' means--
(A) a rural rate-of-return carrier;
(B) a rural wireless carrier owned by a rural rate-
of-return carrier; and
(C) a rural competitive local exchange carrier
owned by a rural rate-of-return carrier;
(5) the term ``rural rate-of-return carrier'' means a rural
telephone company (as defined in section 153 of the
Communications Act of 1934 (47 U.S.C. 153)) that is a rate-of-
return carrier (as defined in section 54.5 of title 47, Code of
Federal Regulations);
(6) the term ``study area total unseparated loop cost''
means the cost calculated under section 36.621 of title 47,
Code of Federal Regulations;
(7) the term ``Transformation Order'' means the Report and
Order and Further Notice of Proposed Rulemaking of the Federal
Communications Commission adopted on October 27, 2011 (FCC 11-
161); and
(8) the term ``tribal lands'' has the meaning given the
term in section 54.400(e) of title 47, Code of Federal
Regulations.
SEC. 3. FINDINGS.
Congress finds the following:
(1) The implementation of new rules and regulations set
forth in the Transformation Order has created financial
uncertainty and instability for rural carriers by denying rural
carriers a meaningful opportunity to recover investments and
expenses incurred to provide universal service prior to 2012.
(2) The implementation of the Transformation Order,
including the utilization of a widely criticized regression
analysis used to determine levels of universal service support,
is creating significant uncertainty with respect to the
sufficiency and predictability of the universal service support
mechanisms, which has discouraged rural carriers from making
broadband infrastructure investments to build out new broadband
capabilities in high cost-to-serve rural communities throughout
the United States.
(3) The intent of Congress under section 254 of the
Communications Act of 1934 (47 U.S.C. 254) is that the
Commission--
(A) consult with the Federal-State Joint Board on
Universal Service before adopting changes to
regulations that affect universal service high-cost
fund mechanisms; and
(B) adopt policies and regulations that establish
and maintain ``specific, predictable, and sufficient''
support mechanisms to preserve and advance universal
service.
(4) The Secretary of Agriculture has warned that the
implementation of the Transformation Order is having unintended
consequences for rural broadband investment and deployment and
for other Federal programs designed to promote rural broadband
deployment.
(5) The Department of Agriculture has reported that demand
for Rural Utilities Service loans for broadband buildout has
plummeted in 2013, due in part to the uncertainty created by
the new rules and regulations set forth in the Transformation
Order.
(6) Surveys of rural carriers indicate that nearly two-
thirds of rural rate-of-return carriers are canceling or
postponing new broadband investments, while other reports
indicate that rural rate-of-return carriers are being forced to
increase consumer prices and reduce staff, creating ripple
effects for economies in rural areas of the United States.
(7) Congressional hearings have demonstrated that the
approach of the Commission to the consideration, review, and
resolution of petitions for waivers from rules adopted under
the Transformation Order--
(A) is unduly burdensome and costly for small,
rural carriers and inconsistent with the established
policy and waiver standards of the Commission; and
(B) is consequently discouraging small, rural
carriers from requesting waivers and is creating
additional business uncertainties.
(8) Congressional hearings have demonstrated that the
Commission can make adjustments to the Transformation Order to
address the adverse impact and business uncertainties
confronting small, rural carriers without affecting other
categories of carriers or increasing the Universal Service Fund
budget established in the Transformation Order.
SEC. 4. SUSPENSION AND REVISION OF PROVISION OF TRANSFORMATION ORDER.
(a) Suspension.--Section 36.621(a)(5) of title 47, Code of Federal
Regulations (relating to the annual limitation of study area total
unseparated loop cost pursuant to a schedule announced by the Wireline
Competition Bureau), shall have no force or effect.
(b) Review and Revision.--
(1) Publication of revised proposal for universal service
distribution to rural rate-of-return carriers.--
(A) Requirement to submit proposal.--Not later than
60 days after the effective date of this Act, the
Commission shall issue a notice of proposed rulemaking
to adopt a revised proposal for rural support.
(B) Recovery of reasonable investments and
operating expenses.--The Commission shall ensure that
the revised proposal for rural support does not deprive
a rural rate-of-return carrier of the opportunity to
recover reasonable investments and operating expenses
incurred prior to the adoption under subparagraph (D)
of the revised proposal for rural support.
(C) Consultation with joint boards.--Before the
Commission issues a final rule under subparagraph (D)
to adopt a revised proposal for rural support, the
Commission shall consult with the applicable Federal-
State Joint Board to the extent that such consultation
is required under the Communications Act of 1934 (47
U.S.C. 151 et seq.).
(D) Final rule adopting proposal.--Not earlier than
45 days and not later than 120 days after the date on
which the Commission issues the notice of proposed
rulemaking under subparagraph (A), the Commission shall
issue a final rule adopting a revised proposal for
rural support.
(2) Report to congress.--Not later than 60 days after the
effective date of this Act, the Commission shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Energy and Commerce of the House of
Representatives--
(A) a report that contains the revised proposal for
rural support published in the notice of proposed
rulemaking under paragraph (1)(A); and
(B) a report that--
(i) describes the amount of universal
service funding necessary to achieve universal
service objectives during the 10-year period
following the date on which the report is
submitted; and
(ii) includes--
(I) quantitative and qualitative
analysis in support of the findings of
the Commission under clause (i); and
(II) a specific analysis
identifying the unique circumstances
and resulting high-cost loop support
required to provide and maintain
universal service in Alaska and on
tribal lands.
(c) Interim Limitations.--
(1) In general.--Not later than 30 days after the effective
date of this Act, the Commission shall establish interim
limitations on study area total unseparated loop costs by--
(A) determining the annual Universal Service Fund
distribution for each rural rate-of-return carrier on
the basis of the applicable rules that were in effect
on the day before the effective date of the
Transformation Order; and
(B) adjusting the universal service distribution of
high-cost loop support that results from the annual
distribution determined under paragraph (1) to
reflect--
(i) the revision to section 36.605 of title
47, Code of Federal Regulations, required under
section 5 of this Act; and
(ii) any revisions to responses to waiver
petitions required under section 6 of this Act.
(2) Duration.--The interim limitations established under
paragraph (1) shall be in effect until the date on which the
final rule required under subsection (b)(1)(D) takes effect.
SEC. 5. SAFETY NET ADDITIVE.
The Commission shall amend section 36.605(a) of title 47, Code of
Federal Regulations (relating to adjustments to high-cost loop support
for rural rate-of-return carriers) to provide that, beginning on
January 1, 2012, the calculation of safety net additive support for a
rural rate-of-return carrier shall include all just and reasonable
investments made by the carrier prior to 2012.
SEC. 6. WAIVERS.
(a) In General.--The Commission shall apply the criteria and
standards under this section when considering a petition for a waiver
submitted by a rural carrier negatively affected by a revision adopted
in the Transformation Order.
(b) Reasonable Opportunity To Recover Costs.--The Commission shall
grant a petition for a waiver described in subsection (a) if the
Commission determines a waiver is necessary to ensure that the
requesting rural carrier is afforded a reasonable opportunity to
recover the costs of providing universal service, including an
equitable return on the investments the rural carrier made to provide
universal service.
(c) Time Limit for Consideration of Waiver Petition.--
(1) In general.--Not later than 90 days after the date on
which the Commission receives a petition for a waiver, the
Commission shall grant or deny the petition.
(2) Failure to act within time limit.--If the Commission
fails to make a determination on a petition for a waiver prior
to the expiration of the time period set forth under paragraph
(1), the Commission shall be deemed to have granted the
petition.
(3) Waiver petitions filed before effective date.--The
Commission shall reconsider, in accordance with this section,
any petition for a waiver relating to a revision to a
regulation adopted in the Transformation Order that--
(A) was submitted to the Commission during the
period beginning on November 18, 2011, and ending on
the day before the effective date of this Act; and
(B) is denied by the Commission.
(d) Denial of Waiver Petition.--If the Commission denies a petition
for a waiver, in whole or in part, the Commission shall identify with
specificity--
(1) any operating expenses of the requesting carrier that
the Commission determines unreasonable;
(2) any investments made by the requesting carrier that the
Commission determines are not used and useful in the provision
of universal service; and
(3) the underlying basis for any determination under
paragraph (1) or (2).
SEC. 7. EFFECTIVE DATE.
This Act shall take effect 30 days after the date of enactment of
this Act. | Rural Broadband Investment Act of 2013 or the RBI Act of 2013 - Suspends regulations of the Federal Communications Commission (FCC) that resulted in a revised method of determining levels of support for rural telephone carriers under the Universal Service Fund by allowing study area unseparated loop cost to be limited annually pursuant to a schedule announced by the Wireline Competition Bureau. (Thus, eliminates a distribution analysis method provided for in the FCC's Transformation Order known as the Report and Order and Further Notice of Proposed Rulemaking of the Federal Communications Commission adopted on October 27, 2011.) Requires the FCC to initiate a rulemaking to adopt a revised proposal for rural support that does not deprive a rural rate-of-return carrier (a rural telephone company that is an incumbent local exchange carrier not subject to price cap regulation) of the opportunity to recover reasonable investments and operating expenses incurred prior to the proposal's adoption. Directs the FCC, to the extent required under the Communications Act of 1934, to consult with: (1) the Federal-State Joint Board on Universal Service; and (2) if the limitations in the proposal submitted by the FCC to such Board result in a revision of the jurisdictional allocation of expenses, the Federal-State Joint Board on Separations. Directs the FCC to submit to Congress: (1) the revised proposal for rural support published in the notice of proposed rulemaking, and (2) a report that describes the amount of universal service funding necessary to achieve universal service objectives during the next 10 years. Requires the report to include a quantitative and qualitative analysis as well as an identification of the unique circumstances and resulting high-cost loop support required to provide and maintain universal service in Alaska and on tribal lands. Sets forth interim limitations on study area total unseparated loop costs that are to apply until the final rule takes effect. Directs the FCC to amend regulations relating to high-cost loop support adjustments for rural rate-of-return carriers to require, beginning on January 1, 2012, the calculation of safety net additive support for such a carrier to include all just and reasonable investments made by the carrier prior to 2012. Requires the FCC to grant a petition for a waiver submitted by a rural carrier negatively affected by a revision adopted in the October 2011 Transformation Order if such a waiver is necessary to ensure that the carrier is afforded a reasonable opportunity to recover the costs of providing universal service, including an equitable return on investments. | {"src": "billsum_train", "title": "RBI Act of 2013"} | 2,346 | 536 | 0.727207 | 2.224551 | 0.760456 | 4.596603 | 4.723992 | 0.932059 |
That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, to provide supplemental appropriations for the fiscal
year ending September 30, 1993, and for other purposes, namely:
TITLE I--SUPPLEMENTAL APPROPRIATIONS
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
(including transfer of funds)
For an additional amount for ``Training and employment services'',
$320,000,000, to be available upon enactment of this Act, to carry into
effect the Job Training Partnership Act, of which $5,500,000 is for
activities under part D of title IV of such Act, of which up to
$1,500,000 may be transferred to the Program Administration account, of
which $80,000,000 is for activities under part H of title IV of such
Act, and of which $234,500,000 is for activities under part B of title
II of such Act.
ENVIRONMENTAL PROTECTION AGENCY
State Revolving Funds/Construction Grants
For an additional amount for ``State revolving funds/construction
grants'', to make grants under title VI of the Federal Water Pollution
Control Act, as amended, $290,000,000, to remain available until
September 30, 1994: Provided, That notwithstanding section 602(b)(2) of
such Act, no State match shall be required for this additional amount:
Provided further, That notwithstanding section 602(b)(3) of such Act,
States shall enter into binding commitments to provide assistance in an
amount equal to 100 percent of the amount of each grant payment within
one year after receipt of such grant payment from this additional
amount.
DEPARTMENT OF AGRICULTURE
Farmers Home Administration
rural development insurance fund program account
For an additional amount for the ``Rural development insurance fund
program account'', for the costs of water and sewer direct loans,
$35,543,000, to subsidize additional gross obligations for the
principal amount of direct loans not to exceed $250,000,000.
rural water and waste disposal grants
For an additional amount for ``Rural water and waste disposal
grants'', $35,000,000, to remain available until expended.
DEPARTMENT OF JUSTICE
Office of Justice Programs
justice assistance
For an additional amount for ``Justice assistance'', $200,000,000
for grants authorized by subpart 1 of part E of title I of the Omnibus
Crime Control and Safe Streets Act of 1968, as amended: Provided, That
such funds shall be available only for the first year cost of the
salaries and benefits, excluding overtime payments, resulting from the
hiring of additional sworn law enforcement personnel.
DEPARTMENT OF TRANSPORTATION
FEDERAL RAILROAD ADMINISTRATION
Grants To The National Railroad Passenger Corporation
For an additional amount for ``Grants to the National Railroad
Passenger Corporation'', to remain available until expended,
$51,000,000, of which $30,000,000 shall be available for operating
losses incurred by the Corporation, and of which $21,000,000 shall be
available for capital improvements.
SMALL BUSINESS ADMINISTRATION
salaries and expenses
(by transfer)
For an additional amount for ``Salaries and expenses'',
$14,000,000, to carry out section 24 of the Small Business Act, as
amended, to be derived by transfer from amounts provided in Public Law
102-395 for the credit subsidy cost of the SBIC Program.
TITLE II--RESCISSIONS
DEPARTMENT OF AGRICULTURE
Farmers Home Administration
agricultural credit insurance fund program account
(rescission)
Of the amounts provided under this heading for the cost of direct
operating loans in Public Law 102-341, $15,000,000 are rescinded.
Of the amounts provided for the cost of emergency insured loans for
this heading in Public Law 102-341, $15,000,000 are rescinded.
salaries and expenses
(rescission)
Of the amounts provided for this heading in Public Law 102-341,
$15,000,000 are rescinded. Such funds were made available for salaries
and expenses.
Human Nutrition Information Service
(rescission)
Of the amounts provided for this heading in Public Law 102-341,
$2,250,000 are rescinded.
Agricultural Stabilization and Conservation Service
salaries and expenses
(rescission)
Of the amounts provided for this heading in Public Law 102-341,
$3,900,000 are rescinded. Such funds were made available for salaries
and expenses.
DEPARTMENT OF COMMERCE
Economic Development Administration
economic development revolving fund
(rescission)
Of the unobligated balances in the Economic Development Revolving
Fund, $66,807,000 are rescinded.
National Oceanic and Atmospheric Administration
operations, research, and facilities
(rescission)
Of the amounts provided under this heading in Public Law 102-395,
$1,750,000 are rescinded and in addition of the amounts also provided
under this heading for a semitropical research facility located at Key
Largo, Florida, in Public Law 101-515 and Public Law 102-140, $794,000
are rescinded.
DEPARTMENT OF JUSTICE
AND RELATED AGENCY
Assets Forfeiture Fund
(rescission)
Of the amounts provided under this heading in Public Law 102-395,
$5,000,000 are rescinded.
Federal Prison System
buildings and facilities
(rescission)
Of the amounts provided under this heading in Public Law 102-395,
$94,500,000 are rescinded.
Office of Justice Programs
justice assistance
(rescission)
Of the amounts provided under this heading in Public Law 102-140 to
carry out part N of title I of the Omnibus Crime Control and Safe
Streets Act of 1968, as amended, $1,000,000 for grants for televised
testimony of child abuse victims are rescinded.
Thomas Jefferson Commemoration Commission
salaries and expenses
(rescission)
Of the amounts provided under this heading in Public Law 102-395,
$200,000 are rescinded.
DEPARTMENT OF THE INTERIOR AND RELATED AGENCY
Bureau of Land Management
land acquisition
(rescission)
Of the amounts provided under this heading in Public Law 102-381,
$4,958,000 for the Morris K. Udall Scholarship and Excellence in
National Environmental Policy Foundation are rescinded.
United States Fish and Wildlife Service
construction and anadromous fish
(rescission)
Of the amounts provided under this heading in Public Law 101-121
and Public Law 101-512, $4,100,000 are rescinded.
National Park Service
construction
(rescission)
Of the amounts provided under this heading in Public Law 102-154,
$6,800,000 are rescinded.
Office of Navajo and Hopi Indian Relocation
salaries and expenses
(rescission)
Of the amounts provided under this heading in Public Law 102-381,
$3,000,000 for housing are rescinded.
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
(rescission)
Of the amounts provided under this heading in Public Law 102-394
for carrying out the Job Training Partnership Act, $50,000,000 are
rescinded: Provided, That $25,000,000 shall be from programs authorized
by title II, parts A and C and $25,000,000 shall be from programs
authorized by title III.
Of the amounts provided under this heading in Public Law 102-170
for Clean Air Employment Transition Assistance under part B of title
III of the Job Training Partnership Act, $49,000,000 are rescinded.
Departmental Management
salaries and expenses
(rescission)
Of the amounts provided under this heading in Public Law 102-394,
$2,000,000 are rescinded.
DEPARTMENT OF EDUCATION
Impact Aid
(rescission)
Of the amounts provided under this heading in Public Law 102-394
for payments under section 3(e), $1,786,000 are rescinded.
School Improvement Programs
(rescission)
Of the amounts provided under this heading in Public Law 102-394
for titles II-B and IV-C of the Elementary and Secondary Education Act
of 1965, $15,135,000 are rescinded.
Vocational and Adult Education
(rescission)
Of the amounts provided under this heading in Public Law 102-394
for title IV-E of the Carl D. Perkins Vocational and Applied Technology
Education Act, $2,946,000 are rescinded.
Student Financial Assistance
(rescission)
Of the amounts provided under this heading in Public Law 102-394
for subpart 4 of part A of title IV of the Higher Education Act,
$72,490,000 are rescinded.
Higher Education
(rescission)
Of the amounts provided under this heading in Public Law 102-394
for title VIII, part D of title X, and subpart 2 of part B of title XI
of the Higher Education Act of 1965, as amended, and part C of title VI
of the Excellence in Mathematics, Science and Engineering Education Act
of 1990, $23,652,000 are rescinded.
Education Research, Statistics, and Improvement
(rescission)
Of the amounts provided under this heading in Public Law 102-394
for territorial teacher training and the National Writing Project,
$4,949,000 are rescinded.
Libraries
(rescission)
Of the amounts provided under this heading in Public Law 102-394
for title VI of the Library Services and Construction Act and title II
of the Higher Education Act, $14,720,000 are rescinded.
DEPARTMENT OF TRANSPORTATION
COAST GUARD
Operating Expenses
(rescission)
Of the amounts provided under this heading in Public Law 102-388,
$20,000,000 are rescinded.
FEDERAL AVIATION ADMINISTRATION
Operations
(rescission)
Of the amounts provided under this heading in Public Law 102-388,
$5,000,000 are rescinded.
Facilities and Equipment
(airport and airway trust fund)
(rescission)
Of the amounts provided under this heading in Public Law 100-457,
$57,400,000 are rescinded.
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
Operations and Research
(rescission)
Of the amounts provided under this heading in Public Law 102-388,
the Department of Transportation and Related Agencies Appropriations
Act, 1993, $3,520,242 are rescinded.
Of the amounts provided under this heading in Public Law 101-516,
the Department of Transportation and Related Agencies Appropriations
Act, 1991, $1,800,000 are rescinded.
Of the amounts provided under this heading in Public Law 101-164,
the Department of Transportation and Related Agencies Appropriations
Act, 1990, $2,534,346 are rescinded.
DEPARTMENT OF THE TREASURY
United States Customs Service
salaries and expenses
(rescission)
Of the amounts provided under this heading in Public Law 102-393,
$600,000 are rescinded.
Bureau of the Public Debt
administering the public debt
(rescission)
Of the amounts provided under this heading in Public Law 102-393,
$3,400,000 are rescinded.
Internal Revenue Service
administration and management
(rescission)
Of the amounts provided under this heading in Public Law 102-393,
$11,000,000 are rescinded.
GENERAL SERVICES ADMINISTRATION
Federal Buildings Fund
(rescission)
(limitations on availability of revenue)
Of the amounts provided under this heading in Public Law 102-393,
the following amounts are rescinded in the following accounts: Rental
of space, $16,000,000 and Installment and acquisition payments,
$2,000,000: Provided, That the aggregate limitation on Federal
Buildings Fund obligations established in Public Law 102-393 is hereby
reduced by such amounts.
Of the amounts provided under this heading in Public Law 101-509
for the Northern Virginia Naval Systems Commands $25,000,000 are
rescinded.
DEPARTMENT OF VETERANS AFFAIRS
Departmental Administration
construction, major projects
(rescission)
Of the amounts provided under this heading in Public Law 102-389,
$20,500,000 are rescinded.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Housing Programs
homeownership and opportunity for people
everywhere grants (hope grants)
(rescission)
Of the amounts provided under this heading in Public Law 102-389,
$164,500,000 are rescinded: Provided, That of the foregoing amount,
$114,500,000 shall be deducted from amounts earmarked for HOPE for the
Public and Indian Housing Homeownership Program and $50,000,000 shall
be deducted from amounts earmarked for the HOPE for Homeownership of
Multifamily Units Program.
ENVIRONMENTAL PROTECTION AGENCY
hazardous substance superfund
(rescission)
Of the amounts provided under this heading in Public Law 102-389,
$100,000,000 are rescinded.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
research and development
(rescission)
Of the amounts provided under this heading in Public Law 102-389,
$25,000,000 are rescinded.
TITLE III--GENERAL PROVISIONS
Sec. 301. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
community investment program
Sec. 302. None of the funds made available for the Community
Investment Program by Public Law 102-368 shall be available prior to
September 30, 1993.
Sec. 303. None of the funds in this Act, or any other Act, may be
used to pay for the relocation of the Human Nutrition Information
Service.
SEC. 304. YOUTH FAIR CHANCE PROGRAM.
(a) Age Eligibility and Stipend Requirements.--Section 494(b) of
the Job Training Partnership Act (29 U.S.C. 1782c(b)) (in this section
referred to as the ``Act'') is amended--
(1) in paragraph (3) to read as follows:
``(3) provide that funds received under this part will be
used--
``(A) for services to youth and young adults ages
14 through 30 at the time of enrollment, including case
management, life skills management, and crisis
intervention services; and
``(B) to provide stipends to youth and young adults
ages 17 to 30 at the time of enrollment for participant
support in paid work experience and classroom programs
(if such programs are combined with other education and
training activities), which may be used by such youth
and young adults for transportation, food, grooming,
and other basic necessities;'';
(2) by redesignating paragraphs (4) through (9) as
paragraphs (5) through (10); and
(3) by inserting after paragraph (3) the following new
paragraph:
``(4) contain assurances that--
``(A) in providing services under paragraph (3),
the participating community will maintain a ratio of
approximately 1 case worker for every 25 participants;
``(B) employment provided under such paragraph to
any youth or young adult will not exceed 20 hours per
week; and
``(C) the amount of a stipend provided under such
paragraph to any youth or young adult will not be less
than $100 per week and will reflect the cost of living
in the participating community;''.
(b) Authorization of Appropriations.--
(1) In general.--Section 3 of the Act is amended by adding
at the end the following new subsection:
``(g) There are authorized to be appropriated to carry out part H
of title IV $100,000,000 for fiscal year 1993 and such sums as may be
necessary for each of the fiscal years 1994 through 1997.''.
(2) Repeal.--Section 3(c)(3) of the Act is repealed
effective July 1, 1993.
(c) Effective Date for Part H of Title IV of the Act.--Section 701
of the Job Training Reform Amendments of 1992 is amended by adding at
the end the following new subsection:
``(k) Youth Fair Chance Program.--The amendment made by section 406
shall take effect on the date of the enactment of the Second
Supplemental Appropriations Act of 1993.''.
(d) Effective Date.--Except as provided in subsection (b)(2), the
amendments made by this section shall take effect on the date of the
enactment of this Act.
This Act may be cited as the ``Second Supplemental Appropriations
Act of 1993''.
Passed the House of Representatives May 26, 1993.
Attest:
DONNALD K. ANDERSON,
Clerk.
HR 2244 RFS----2 | TABLE OF CONTENTS: Title I: Supplemental Appropriations Title II: Rescissions Title III: General Provisions Second Supplemental Appropriations Act of 1993 - Title I: Supplemental Appropriations - Makes supplemental appropriations available to: (1) the Employment and Training Administration of the Department of Labor; (2) the Environmental Protection Agency for construction grants; (3) the Farmers Home Administration of the Department of Agriculture; (4) the Office of Justice Programs of the Department of Justice; (5) the Federal Railroad Administration of the Department of Transportation; and (6) the Small Business Administration through a fund transfer. Title II: Rescissions - Rescinds specified appropriations made to: (1) the Department of Agriculture for the Farmers Home Administration; (2) the Department of Commerce for the Economic Development Administration and the National Oceanic and Atmospheric Administration; (3) the Department of Justice for Office of Justice Programs and the Thomas Jefferson Commemoration Commission; (4) the Department of the Interior for the Bureau of Land Management, the U.S. Fish and Wildlife Service, the National Park Service, and the Office of Navajo and Hopi Indian Relocation; (5) the Department of Labor for the Employment and Training Administration and departmental management; (6) the Department of Education for certain programs; (7) the Department of Transportation for the Coast Guard, the Federal Aviation Administration, and the National Highway Traffic Safety Administration; (8) the Department of the Treasury for the U.S. Customs Administration, the Bureau of the Public Debt, and the Internal Revenue Service; (9) the General Services Administration for the Federal Buildings Fund; (10) the Department of Veterans Affairs for departmental administration; (11) the Department of Housing and Urban Development for certain housing programs; (12) the Environmental Protection Agency for the Hazardous Substance Superfund; and (13) the National Aeronautics and Space Administration for research and development. Title III: General Provisions - Prohibits appropriations in this Act from remaining available for obligation beyond the current fiscal year unless expressly so provided. Restricts the availability of funds for the Community Investment Program until September 30, 1993. Prohibits the use of any funds to pay for the relocation of the Human Nutrition Information Service. Amends the Job Training Partnership Act to change the age eligibility requirements for the Youth Fair Chance Program. Allows the provision of stipends to youth in such program. Authorizes appropriations for FY 1993 through 1997. | {"src": "billsum_train", "title": "Second Supplemental Appropriations Act of 1993"} | 3,712 | 528 | 0.513753 | 1.59467 | 0.306096 | 2.707627 | 6.709746 | 0.915254 |
SECTION 1. SHORT TITLE.
The Act may be cited as the ``PLO Accountability Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Palestine Liberation Organization (PLO) Mission
office, representing the PLO, and by extension, the Palestinian
Authority, in Washington, DC, was opened in 1994 in order to
implement the Oslo Accords, which initiated direct negotiations
between the PLO and the Government of Israel.
(2) Section 1003 of the Anti-Terrorism Act of 1987 (Public
Law 100-204; 22 U.S.C. 5202), makes it unlawful to ``establish
or maintain an office, headquarters, premises, or other
facilities or establishments within the jurisdiction of the
United States at the behest or direction of, or with funds
provided by the Palestine Liberation Organization or any of its
constituent groups, any successor to any of those, or any
agents thereof''.
(3) Using various authorities, the Executive branch has
waived the provisions of section 1003 of the Anti-Terrorism Act
of 1987.
(4) Article XXXI, clause 7, of the Israeli-Palestinian
Interim Agreement on the Status of the West Bank and the Gaza
Strip (September 28, 1995) states that ``Neither side shall
initiate or take any step that will change the status of the
West Bank and the Gaza Strip pending the outcome of the
permanent status negotiations''.
(5) In January 2009, the PLO sent a declaration to the
International Criminal Court under Article 12(3) of the Rome
Statute of the International Criminal Court on behalf of the
Palestinian Authority.
(6) On October 31, 2011, the United Nations Educational,
Scientific and Cultural Organization (UNESCO) voted to admit
the ``State of Palestine'' as its 195th full member. Since
being admitted, the Palestinians have used UNESCO to pass anti-
Israel rulings, including a recent proposal to have the Western
Wall classified as part of the Aqsa compound.
(7) On November 29, 2012, the United Nations General
Assembly voted to accord the ``State of Palestine'' status as a
nonmember observer state at the United Nations.
(8) On April 2, 2014, the PLO joined the Geneva Conventions
as well as 13 other organizations.
(9) On January 2, 2015, the PLO acceded to the Rome
Statute, and on January 16, 2015, the Prosecutor of the
International Criminal Court opened a ``preliminary examination
of the situation in Palestine'' after accepting jurisdiction of
the International Criminal Court ``over alleged crimes
committed in the occupied Palestinian territory, including East
Jerusalem, since June 13, 2014''.
(10) The PLO's decision to accede to the Rome Statute as
well as several international organizations is an attempt to
change the status of the West Bank and the Gaza Strip outside
of direct negotiations between the Israelis and Palestinians.
(11) On January 7, 2015, the Department of State's Office
of the Spokesperson stated, ``we have made clear our opposition
to Palestinian action in seeking to join the Rome Statute of
the International Criminal Court. This step is counter-
productive, will damage the atmosphere with the very people
with whom Palestinians ultimately need to make peace, and will
do nothing to further the aspirations of the Palestinian people
for a sovereign and independent state.''.
(12) On February 23, 2015, a jury in a New York Federal
court found the PLO and the Palestinian Authority liable for
six terrorist attacks in Israel between 2002 and 2004 that
killed 33 people and injured more than 450 others, including
United States citizens among the victims.
(13) The Federal jury ordered the PLO and the Palestinian
Authority, both of which are headed by Mahmoud Abbas, to pay
$218,500,000 in reparations to the victims and their families
of these terror acts.
(14) On April 1, 2015, the ``State of Palestine''
officially became a member of the International Criminal Court.
(15) The PLO continues to reward terrorists and their
families who commit terrorist attacks, providing a higher
reward to those with longer jail sentences.
(16) The PLO continues to refuse to disclose all of its
financial assets, including the multibillion-dollar Palestinian
National Fund (PNF) belonging to Mahmoud Abbas. The Fund is
estimated to have tens of billions of dollars, though its exact
amount is unknown. It is allegedly used by Abbas to fund
everything from his international campaign against Israel to
compensation to the families of Palestinian terrorists.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the Palestine Liberation Organization (PLO) has failed
to live up to its commitment to a bilateral peace process with
Israel, renounce violence, accept Israel's right to exist,
honor previous diplomatic agreements made by the Palestinians,
and continues to circumvent a negotiated settlement with Israel
by seeking unilateral statehood at the United Nations and from
other countries, and continues to actively endorse terror;
(2) Mahmoud Abbas has purposefully blurred the lines
between the PLO and the Palestinian Authority in order to avoid
responsibility for violating previous agreements with Israel
while continuing to receive United States aid;
(3) the Palestinian initiation of an International Criminal
Court investigation, or active support for such an
investigation, that subjects Israeli nationals to an
investigation for alleged crimes against Palestinians, would
violate the Palestinians' commitment to not change the status
of the West Bank and Gaza Strip;
(4) only a solution negotiated directly between the
Israelis and Palestinians can result in a lasting peace, and
the Palestinians should not turn to outside parties, including
international organizations, to impose or otherwise influence a
solution between the parties;
(5) if the Palestinian Authority or any representation
thereof initiates or supports an investigation at the
International Criminal Court, the Secretary of State should
close the Palestine Liberation Organization Mission office in
the United States; and
(6) it is in the national security interests of the United
States to remove the PLO office from Washington, DC.
SEC. 4. PROHIBITIONS REGARDING THE PLO UNDER THE ANTI-TERRORISM ACT OF
1987.
Section 1003 of the Anti-Terrorism Act of 1987 (22 U.S.C. 5202) is
amended--
(1) by striking ``It shall be unlawful'' and inserting
``(a) In General.--It shall be unlawful''; and
(2) by adding at the end the following:
``(b) Waiver.--Notwithstanding any other provision of law,
including section 604 of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228), the President may waive for a
period of not more than 6 months the provisions of subsection (a) if
the President determines and certifies in writing to Congress, no less
than 45 days before the waiver is to take effect, that--
``(1)(A) the Palestinians have not, on or after April 1,
2015, obtained in the United Nations or any specialized agency
thereof the same standing as member states or full membership
as a state outside an agreement negotiated between Israel and
the Palestinians;
``(B) the Palestinians have officially ceased to be members
of the International Criminal Court (ICC) and have withdrawn
from the Rome Statute;
``(C) any preliminary examination or ongoing investigation
against Israel, the Government of Israel, the Israeli Armed or
Security Forces, or any Israeli national initiated by, or on
behalf of, the Palestinians, or referred to the ICC by a state
party, the United Nations Security Council, or a Pre-Trial
Chamber has been withdrawn and terminated;
``(D) the PLO and the Palestinian Authority no longer
provide any financial award, payment, or salary to Palestinian
terrorists imprisoned in Israel who have committed terrorist
attacks, or their families; and
``(E) the PLO and the Palestinian Authority no longer
engage in a pattern of incitement against the United States or
Israel; or
``(2) the Palestinians have entered into a final negotiated
peace agreement with, and have ceased all hostilities against,
Israel.
``(c) Definition.--In subsection (b)(1)(E), the term `incitement'
means--
``(1) statements, media, communication, or other activities
against any religion, ethnicity, or nationality;
``(2) advocacy, endorsement, or glorification of violence,
martyrdom, or terrorism; or
``(3) endorsement, glorification, honor, or other
memorialization of any person or group that has advocated,
sponsored, or committed acts of terrorism, including the naming
after or dedication to such person or group of any school,
community center, camp, stadium, public square, street, land,
landmark, waterway, or other facility.''. | PLO Accountability Act This bill expresses the sense of Congress concerning the participation of the Palestine Liberation Organization (PLO) and the Palestinian Authority (PA) in the peace process and adherence to diplomatic agreements with Israel, PA support for an International Criminal Court investigation of Israel, and the presence of a PLO office in Washington, DC. The Anti-Terrorism Act of 1987 is amended to authorize the President to waive for up to six months the prohibition against establishment or maintenance of a PLO office, headquarters, premises, or other facilities within U.S. jurisdiction, if the President certifies to Congress that the Palestinians have entered into a final negotiated peace agreement with, and have ceased hostilities against, Israel or that: the Palestinians have not, on or after April 1, 2015, obtained state standing in the United Nations or any specialized agency thereof outside an agreement negotiated between Israel and the Palestinians; the Palestinians have officially ceased to be members of the ICC and have withdrawn from the Rome Statute; any ICC investigation against Israel initiated by, or on behalf of, the Palestinians has been withdrawn and terminated; the PLO and the PA no longer provide financial awards or salaries to Palestinians imprisoned in Israel for terrorist attacks, or to their families; and the PLO and the PA no longer engage in a pattern of incitement against the United States or Israel. | {"src": "billsum_train", "title": "PLO Accountability Act"} | 1,915 | 303 | 0.559907 | 1.881683 | 0.659368 | 4.161538 | 7.026923 | 0.915385 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Virtual Screening for Cancer Act of
2007''.
SEC. 2. SCREENING COMPUTED TOMOGRAPHY COLONOGRAPHY INCLUDED AS A
COLORECTAL SCREENING TEST FOR PURPOSES OF COVERAGE UNDER
THE MEDICARE PROGRAM.
(a) In General.--Section 1861(pp)(1) of the Social Security Act (42
U.S.C. 1395x(pp)(1)) is amended--
(1) by redesignating subparagraph (D) as subparagraph (E);
and
(2) by inserting after subparagraph (C) the following new
subparagraph:
``(D) Screening computed tomography
colonography.''.
(b) Frequency Limits and Payment for Screening Computed Tomography
Colonography.--Section 1834(d) of the Social Security Act (42 U.S.C.
1395m(d)) is amended by adding at the end the following new paragraph:
``(4) Screening computed tomography colonography.--
``(A) Fee schedule.--With respect to a colorectal
cancer screening test consisting of screening computed
tomography colonography, payment under section 1848
shall be consistent with payment under such section for
similar or related services.
``(B) Payment limit.--In the case of screening
computed tomography colonography, payment under this
part shall not exceed such amount as the Secretary
specifies, based upon rates recognized for diagnostic
computed tomography colonography.
``(C) Facility payment limit.--
``(i) In general.--Notwithstanding
subsections (i)(2)(A) and (t) of section 1833,
in the case of screening computed tomography
colonography furnished on or after January 1,
2008, that--
``(I) in accordance with
regulations, may be performed in an
ambulatory surgical center and for
which the Secretary permits ambulatory
surgical center payments under this
part; and
``(II) are performed in an
ambulatory surgical center or hospital
outpatient department,
payment under this part shall be based on the
lesser of the amount under the fee schedule
that would apply to such services if they were
performed in a hospital outpatient department
in an area or the amount under the fee schedule
that would apply to such services if they were
performed in an ambulatory surgical center in
the same area.
``(ii) Limitation on coinsurance.--
Notwithstanding any other provision of this
title, in the case of a beneficiary who
receives the services described in clause (i)--
``(I) in computing the amount of
any applicable copayment, the
computation of such coinsurance shall
be based upon the fee schedule under
which payment is made for the services;
and
``(II) the amount of such
coinsurance shall not exceed 25 percent
of the payment amount under the fee
schedule described in subclause (I).
``(D) Frequency limit.--No payment may be made
under this part for a colorectal cancer screening test
consisting of a screening computed tomography
colonography--
``(i) if the individual is under 50 years
of age; or
``(ii)(I) in the case of individuals at
high risk for colorectal cancer, if the
procedure is performed within the 23 months
after a previous screening computed tomography
colonography or a previous screening
colonoscopy; or
``(II) in the case of an individual who is
not at high risk for colorectal cancer, if the
procedure is performed within the 119 months
after a previous screening colonoscopy or
within the 47 months after a previous screening
flexible sigmoidoscopy or a previous screening
computed tomography colonography.''.
(c) Conforming Frequency Limits for Other Colorectal Cancer
Screening Tests.--
(1) Screening flexible sigmoidoscopy.--Paragraph (2)(E)(ii)
of section 1834(d) of the Social Security Act (42 U.S.C.
1395m(d)) is amended by inserting ``or screening computed
tomography colonography'' after ``previous screening flexible
sigmoidoscopy''.
(2) Screening colonoscopy.--Paragraph (3)(E) of such
section is amended--
(A) by inserting ``or screening computed tomography
colonography'' after ``23 months after a previous
screening colonoscopy''; and
(B) by inserting ``or screening computed tomography
colonography'' after ``screening flexible
sigmoidoscopy''.
(d) Effective Date.--The amendments made by this section shall
apply to items and services furnished on or after January 1, 2009.
SEC. 3. EXEMPTION OF SCREENING COMPUTED TOMOGRAPHY COLONOGRAPHY FROM
SPECIAL RULE ON IMAGING SERVICES.
(a) In General.--Section 1848(b)(4)(B) of the Social Security Act
(42 U.S.C. 1395w-4(b)(4)(B)) is amended by inserting ``and screening
computed tomography colonography'' after ``diagnostic and screening
mammography''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to items and services furnished on or after January 1, 2009. | Virtual Screening for Cancer Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act to: (1) provide Medicare coverage for screening computed tomography as a colorectal screening test; and (2) exclude screening computed tomography colonography from the meaning of "imaging services" for which there is a special rule regarding outpatient services department (OPD) fee schedule payments. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to include screening computed tomography colonography as a colorectal screening test for purposes of coverage under the Medicare Program, and for other purposes."} | 1,256 | 92 | 0.597313 | 1.517288 | 0.737309 | 2.513889 | 13.333333 | 0.847222 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Mandates Relief Act of
1993''.
SEC. 2. DEFINITIONS.
For the purposes of this Act--
(1) Federal agency.--The term ``Federal agency'' has the
meaning given the term ``executive agency'' in section 6501(3)
of title 5, United States Code.
(2) Federal mandate.--The term ``Federal mandate'' means a
Federal requirement covered by this Act.
(3) Local government.--The term ``local government''
means--
(A) a county, city, town, village, or other general
purpose political subdivision of a State;
(B) a school district; and
(C) a unit of local government established under
State law for a particular public purpose.
(4) Mandate schedule.--The term ``mandate schedule'' means
a schedule prepared by a Federal agency of the costs of
complying with each Federal mandate administered by the agency
as required by section 5.
SEC. 3. SUFFICIENT FEDERAL FUNDING REQUIREMENT.
Notwithstanding any other provision of law, no State or local
government shall be obligated to take any action required by Federal
law, unless all expenses associated with such obligation are fully
funded by the Federal Government pursuant to the provisions of this
Act.
SEC. 4. PAY-OR-EXCUSE MECHANISM.
A State or local government shall be excused from complying with a
Federal mandate, unless--
(1) it receives an appropriation of Federal funds to pay
for the costs of complying with the Federal mandate--
(A) in the amount specified in the pertinent
mandate schedule described in section 5; and
(B) in the amount of any additional costs specified
in section 6; and
(2) the pertinent mandate schedule (including the annual
update) has been published as required by this Act.
SEC. 5. MANDATE SCHEDULES.
(a) Agency Schedules.--
(1) In general.--Each Federal agency that has authority to
administer a Federal mandate shall publish a schedule that
lists the costs of complying with each such mandate.
(2) Content.--Each schedule shall include--
(A) the annual cost of complying with each Federal
mandate for which payments would be made within one
fiscal year; and
(B) the total cost of complying with each Federal
mandate that necessitates a State or local government
to undertake a capital expenditure for which payments
would be made over more than 1 fiscal year.
(3) Publication.--Schedules shall be published through
notice and comment rulemaking, and shall be updated annually.
For each fiscal year, schedules shall be published by March 1
of the calendar year in which the fiscal year begins.
(b) Statutory Mandate.--
(1) In general.--It shall not be in order in the House of
Representatives or the Senate to consider any bill, joint
resolution, conference report, or amendment that establishes a
statutory mandate schedule.
(2) Point of order.--In the Senate, this subsection may be
waived or suspended only by an affirmative vote of three-fifths
of the Members of the Senate, duly chosen and sworn.
SEC. 6. PAYMENTS OF ADDITIONAL COSTS.
(a) In General.--If the costs to a State or local government of
complying with a Federal mandate exceed the amounts appropriated to it
according to the applicable mandate schedule, the State or local
government shall be reimbursed for the amount of such additional costs.
Such additional costs shall be well-documented and not the result of
waste or mismanagement.
(b) Payment.--A payment under this section shall be made within 30
days of presentation of proof by a State or local government of
additional costs to the pertinent administering agency.
SEC. 7. REFUND OF EXCESSIVE APPROPRIATIONS.
To the extent any payment received by a State or local government
pursuant to this Act exceeds the actual cost of complying with a
Federal mandate, the State or local government shall refund the amount
of excess to the United States Treasury.
SEC. 8. CONGRESSIONAL ESTIMATES.
(a) In General.--Each bill or joint resolution considered on the
floor of the House of Representatives or the Senate shall be
accompanied by a report that estimates the costs to State and local
governments that any Federal mandate in such bill or joint resolution
would impose.
(b) Estimates.--The estimates required by subsection (a) shall
include--
(1) the costs imposed upon any 1 State or local government,
as may be appropriate, for each particular Federal mandate in
the bill or joint resolution;
(2) the total amount of costs imposed by each particular
Federal mandate; and
(3) the total amount of such costs imposed by all Federal
mandates within the entire bill or joint resolution, for the
fiscal year in which the bill or joint resolution would take
effect, and for each of the next 4 fiscal years thereafter.
(c) Point of Order.--
(1) Congressional estimate.--It shall not be in order in
the House of Representatives or the Senate to consider any bill
or joint resolution that does not comply with the requirements
of subsection (b).
(2) Point of order.--In the Senate, this subsection may be
waived or suspended only by an affirmative vote of three-fifths
of the Members of the Senate, duly chosen and sworn.
SEC. 9. APPLICATION OF ACT.
This Act shall apply to Federal mandates imposed by Federal laws
enacted or reauthorized by law after the date of enactment of this Act. | Federal Mandates Relief Act of 1993 - Prohibits State and local governments from being obligated to take any action required by any new Federal law, unless: (1) all expenses associated with such obligation are fully funded by the Federal Government; and (2) each Federal agency that has authority to administer a Federal mandate publishes a schedule of compliance costs.
Requires each bill or joint resolution considered in the Congress to be accompanied by a report estimating the costs to State and local governments that any Federal mandate in such legislation would impose. | {"src": "billsum_train", "title": "Federal Mandates Relief Act of 1993"} | 1,255 | 117 | 0.629503 | 1.533988 | 0.630508 | 3.980583 | 10.883495 | 0.893204 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tribal Healing to Wellness Courts
Act of 2015''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(2) Tribal government.--The term ``tribal government''
means the governing body of an Indian tribe.
SEC. 3. ESTABLISHMENT OF GRANT PROGRAM.
(a) Authorizations.--
(1) In general.--The Attorney General may make grants to
eligible entities for tribal healing to wellness courts for
members of Indian tribes, including adults, juveniles, and
families, that involve--
(A) continuing judicial supervision over offenders
and other individuals under the jurisdiction of the
court with substance abuse problems; and
(B) the integrated administration of other
sanctions and services, which may include--
(i) mandatory periodic testing for each
participant for the use of controlled
substances or other addictive substances during
any period of participation in the tribal
healing to wellness court;
(ii) substance abuse treatment for each
participant;
(iii) diversion, probation, or other
supervised release involving the possibility of
prosecution, confinement, or incarceration
based on noncompliance with program
requirements or failure to show satisfactory
progress; and
(iv) offender management, and services such
as relapse prevention, health care, education,
vocational training, job placement, housing
placement, and child care or other family
support services for each participant who
requires such services.
(2) Cultural activities.--At the option of the eligible
entity establishing the tribal healing to wellness court, the
tribal healing to wellness court may include cultural
activities in the services provided under paragraph (1).
(b) Eligible Entities.--Entities eligible to receive a grant under
this section are tribal governments--
(1) acting directly or through agreements with other public
or private entities; and
(2) acting in partnership with States or units of local
government.
(c) Applications.--To receive a grant under this section, an
eligible entity shall submit to the Attorney General an application at
such time, in such manner, and containing such information as the
Attorney General may require, including--
(1) a long-term strategy and detailed implementation plan;
(2) an explanation of the inability of the applicant to
fund the tribal healing to wellness court adequately without
the grant;
(3) a certification that the grant provided will be used to
supplement, and not supplant, State, Indian tribal, and local
sources of funding that would otherwise be available;
(4) an identification of related governmental or community
initiatives that complement or will be coordinated with the
proposal;
(5) a certification that--
(A) there has been appropriate consultation with
all affected agencies; and
(B) there will be appropriate coordination with all
affected agencies during the implementation of the
tribal healing to wellness program;
(6) a certification that participating offenders will be
supervised by 1 or more designated judges with responsibility
for the tribal healing to wellness court;
(7) a specification of plans for obtaining necessary
support and continuing the proposed tribal healing to wellness
court following the conclusion of the grant period; and
(8) a description of the methodology that will be used in
evaluating the tribal healing to wellness court.
(d) Geographic Distribution.--The Attorney General shall ensure, to
the maximum extent practicable, the equitable geographic distribution
of grant awards under this Act.
SEC. 4. MANDATORY DRUG TESTING AND MANDATORY SANCTIONS AND RESPONSES.
(a) Mandatory Testing.--
(1) In general.--Grant amounts under this Act may be used
for a tribal healing to wellness court only if the tribal
healing to wellness court has mandatory periodic testing as
described in section 3(a)(1)(B)(i).
(2) Regulations.--
(A) In general.--The Attorney General, by issuing
guidelines or promulgating regulations, shall describe
standards for the timing and manner of complying with
the requirements of paragraph (1).
(B) Standards.--The standards under subparagraph
(A)--
(i) shall ensure that--
(I) each participant is tested for
any controlled substance the Attorney
General or the court may require; and
(II) the testing is accurate and
practicable; and
(ii) may require approval of the drug
testing regime to ensure that adequate testing
occurs.
(b) Mandatory Sanctions and Responses.--
(1) In general.--The Attorney General, by issuing
guidelines or promulgating regulations, may require that grant
amounts under this section may be used for a tribal healing to
wellness court only if the tribal healing to wellness court
imposes graduated sanctions that increase punitive responses,
therapeutic responses, or both, if a participant fails a drug
test.
(2) Inclusions.--The sanctions and responses under
paragraph (1) may include--
(A) incarceration;
(B) detoxification treatment;
(C) residential treatment;
(D) increased time in the program;
(E) termination from the program;
(F) increased drug screening requirements;
(G) increased court appearances;
(H) increased counseling;
(I) increased supervision;
(J) electronic monitoring;
(K) in-home restriction;
(L) community service;
(M) family counseling;
(N) anger management classes; and
(O) additional assessments.
SEC. 5. PROHIBITION ON PARTICIPATION BY VIOLENT OFFENDERS.
(a) Definitions.--In this section:
(1) Violent offender.--Except as provided in paragraph (2),
the term ``violent offender'' means a person who--
(A) is charged with or convicted of an offense or
conduct that is punishable by a term of imprisonment
exceeding 1 year, during the course of which offense or
conduct--
(i) the person carried, possessed, or used
a firearm or dangerous weapon;
(ii) there occurred the death of or serious
bodily injury to any person; or
(iii) there occurred the use of force
against the person of another, without regard
to whether any of the circumstances described
in clause (i) or (ii) is an element of the
offense or conduct of which or for which the
person is charged or convicted; or
(B) has 1 or more prior convictions for a felony
crime of violence involving the use or attempted use of
force against a person with the intent to cause death
or serious bodily harm.
(2) Violent offender definition for purposes of juvenile
drug courts.--For purposes of juvenile drug courts, the term
``violent offender'' means a juvenile who has been convicted
of, or adjudicated delinquent for, a felony-level offense
that--
(A) has as an element, the use, attempted use, or
threatened use of physical force against the person or
property of another, or the possession or use of a
firearm; or
(B) by its nature, involves a substantial risk that
physical force against the person or property of
another may be used in the course of committing the
offense.
(b) Prohibition.--The Attorney General shall--
(1) issue regulations or guidelines to ensure that the
tribal healing to wellness courts carried out using a grant
under this Act do not permit participation by violent
offenders; and
(2) immediately suspend funding for any tribal healing to
wellness court receiving a grant under this Act, pending
compliance, if the Attorney General finds that violent
offenders are participating in the tribal healing to wellness
court.
(c) Waiver.--
(1) In general.--The Attorney General may waive the
application of this section to a tribal healing to wellness
court if the applicable entity receiving grant amounts under
this Act applies for a waiver.
(2) Requirements.--The Attorney General shall establish
requirements for a waiver under paragraph (1) in consultation
with Indian tribes.
SEC. 6. TECHNICAL ASSISTANCE AND TRAINING; SUPPORT SERVICES.
(a) Technical Assistance and Training.--
(1) In general.--The Attorney General, acting through the
Bureau of Justice Assistance or through grants, contracts, or
other cooperative arrangements with national or regional
organizations, shall provide to each eligible entity receiving
a grant under this Act technical assistance and training--
(A) to assist that eligible entity in successfully
competing for future funding under this Act; and
(B) to strengthen existing tribal healing to
wellness courts.
(2) Rural needs.--In providing technical assistance and
training under paragraph (1), the Bureau of Justice Assistance
shall consider and respond to the unique needs of eligible
entities located in rural States, rural areas, and rural
communities.
(b) Support Services.--The Indian Health Service and the Substance
Abuse and Mental Health Services Administration shall provide to each
eligible entity receiving a grant under this Act support services to
assist the eligible entity in carrying out the tribal healing to
wellness court receiving grant amounts under this Act.
SEC. 7. REPORT.
An eligible entity receiving a grant under this Act, for each
fiscal year of the grant period and on a date specified by the Attorney
General, shall submit to the Attorney General a report that describes
the effectiveness of this Act.
SEC. 8. ADMINISTRATION.
(a) Consultation.--The Attorney General shall consult with the
Secretary of Health and Human Services and any other appropriate
officials in carrying out this Act.
(b) Use of Components.--The Attorney General may use any component
or components of the Department of Justice in carrying out this Act.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act $10,000,000 for each of fiscal years 2016 through 2020, to
remain available until expended.
(b) Training and Technical Assistance.--Each fiscal year, not more
than 5 percent of funds made available under subsection (a) for the
fiscal year may be used by the Attorney General to provide training and
technical assistance to carry out this Act. | Tribal Healing to Wellness Courts Act of 2015 This bill permits the Department of Justice (DOJ) to award grants to tribal governments acting in partnership with state or local governments for tribal healing to wellness courts. (A tribal healing to wellness court is a drug court that is a component of a tribal justice system and includes substance abuse treatment and may include cultural activities.) Courts receiving grants must monitor individuals under their jurisdiction and must periodically test each individual for drug use. DOJ may require these courts to increase punitive or treatment responses for an individual who fails a drug test. Violent offenders may not be under the jurisdiction of these courts unless the court has received a waiver from DOJ. | {"src": "billsum_train", "title": "Tribal Healing to Wellness Courts Act of 2015"} | 2,201 | 149 | 0.614482 | 1.785481 | 0.786358 | 2.030534 | 15.824427 | 0.839695 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Park Service Legacy Act of
2017''.
SEC. 2. NATIONAL PARK SERVICE LEGACY RESTORATION FUND.
(a) In General.--Chapter 1049 of title 54, United States Code, is
amended by adding at the end the following:
``Sec. 104908. National Park Service Legacy Restoration Fund
``(a) In General.--There is established in the Treasury of the
United States a fund, to be known as the `National Park Service Legacy
Restoration Fund' (referred to in this section as the `Fund').
``(b) Deposits.--At the beginning of each applicable fiscal year,
there shall be deposited in the Fund from mineral revenues due and
payable to the United States that are not otherwise credited, covered,
or deposited under Federal law--
``(1) $50,000,000 for each of fiscal years 2018, 2019, and
2020;
``(2) $150,000,000 for each of fiscal years 2021, 2022, and
2023;
``(3) $250,000,000 for each of fiscal years 2024, 2025, and
2026; and
``(4) $500,000,000 for each of fiscal years 2027 through
2047.
``(c) Availability of Funds.--
``(1) In general.--Except as provided in paragraph (2),
amounts deposited in the Fund shall be available to the Service
for expenditure without further appropriation.
``(2) Unobligated amounts.--Any amounts not obligated by
the date that is 2 years after the date on which the amounts
are first available shall be credited to miscellaneous receipts
of the Treasury.
``(d) Use of Funds.--Amounts in the Fund shall be used for the
high-priority deferred maintenance needs of the Service, as determined
by the Director, as follows:
``(1) Eighty percent of amounts in the Fund shall be
allocated for projects that are not eligible for the funding
described in subparagraph (A) or (B) of paragraph (2) for the
repair and rehabilitation of assets, including--
``(A) historic structures, facilities, and other
historic assets;
``(B) nonhistoric assets that relate directly to
visitor--
``(i) access, including making facilities
accessible to visitors with disabilities;
``(ii) health and safety; and
``(iii) recreation; and
``(C) visitor facilities, water and utility
systems, and employee housing.
``(2) Twenty percent of amounts in the Fund shall be
allocated to road, bridge, tunnel, or other transportation-
related projects that may be eligible for funding made
available to the Service through--
``(A) the transportation program under section 203
of title 23; or
``(B) any similar Federal land highway program
administered by the Secretary of Transportation.
``(e) Prohibited Use of Funds.--No amounts in the Fund shall be
used--
``(1) for land acquisition; or
``(2) to supplant discretionary funding made available for
the annually recurring facility operations and maintenance
needs of the Service.
``(f) Submission of Annual Proposal.--As part of the annual budget
submission of the Service to the Committee on Appropriations of the
House of Representatives and the Committee on Appropriations of the
Senate (referred to in this section as the `Committees'), the Service
shall submit a prioritized list of deferred maintenance projects
proposed to be funded by amounts in the Fund during the fiscal year for
which the budget submission is made.
``(g) Congressional Review.--After review of the list submitted
under subsection (f), the Committees may provide for the allocation of
amounts derived from the Fund.
``(h) Project Approval.--
``(1) In general.--Except as provided in paragraph (2), if,
before the beginning of a fiscal year, the Committees do not
alter the allocation of funds proposed by the Service for that
fiscal year, the list submitted under subsection (f) for that
fiscal year shall be considered approved.
``(2) Continuing resolution.--If, before the beginning of a
fiscal year, there is enacted a continuing resolution or
resolutions for a period of--
``(A) less than or equal to 120 days, the Service
shall not commit funds to any proposed high-priority
deferred maintenance project until the date of
enactment of a law making appropriations for the
Service that is not a continuing resolution; or
``(B) more than 120 days, the list submitted under
subsection (f) for that fiscal year shall be considered
approved, unless otherwise provided in the continuing
resolution or resolutions.
``(i) Public Donations.--To encourage public-private partnerships
that will reduce the overall deferred maintenance costs to the Service,
the Secretary and the Director may accept public cash or in-kind
donations by including on each list submitted to Congress under
subsection (f) after the date of enactment of this section each
project, regardless of the priority ranking of the project, that
costs--
``(1) less than $2,000,000, with at least a 33-percent non-
Federal cost-share component; or
``(2) equal to or more than $2,000,000, with at least a 25-
percent non-Federal cost-share component.''.
(b) Clerical Amendment.--The table of sections for chapter 1049 of
title 54, United States Code, is amended by adding at the end the
following:
``104908. National Park Service Legacy Restoration Fund.''. | National Park Service Legacy Act of 2017 This bill: (1) establishes the National Park Service Legacy Restoration Fund, and (2) requires specified amounts of federal mineral revenues that are not otherwise credited, covered, or deposited pursuant to federal law to be deposited into such fund each fiscal year through FY2047. Amounts in the fund shall be used for meeting high-priority deferred maintenance needs of the National Park Service (NPS) as follows: 20% shall be allocated to transportation-related projects that may be eligible for funding made available to the NPS through the federal lands transportation program or any similar federal land highway program administered by the Department of Transportation; and 80% shall be allocated for the repair and rehabilitation of assets for certain projects that are not eligible for funding under such programs, including historic assets, nonhistoric assets related to visitor access, health and safety, and recreation, and visitor facilities, water and utility systems, and employee housing. No fund amounts may be used by the NPS to acquire land or to supplant discretionary funding made available for annually recurring facility operations and maintenance needs. As part of its annual budget submission, the NPS shall submit a prioritized list of deferred maintenance projects proposed to be funded by such fund during the fiscal year. | {"src": "billsum_train", "title": "National Park Service Legacy Act of 2017"} | 1,237 | 266 | 0.645212 | 1.93404 | 0.974635 | 3.659919 | 4.700405 | 0.874494 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Star-Spangled Banner National
Historic Trail Study Act of 1999''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the British invasion of Maryland and Washington, District
of Columbia, during the War of 1812 marks a defining period in the
history of our Nation, the only occasion on which the United States
of America has been invaded by a foreign power;
(2) the Star-Spangled Banner National Historic Trail traces the
arrival of the British fleet in the Patuxent River in Calvert
County and St. Mary's County, Maryland, the landing of British
forces at Benedict, the sinking of the Chesapeake Flotilla at Pig
Point in Prince George's County and Anne Arundel County, Maryland,
the American defeat at the Battle of Bladensburg, the siege of the
Nation's Capital, Washington, District of Columbia (including the
burning of the United States Capitol and the White House), the
British naval diversions in the upper Chesapeake Bay leading to the
Battle of Caulk's Field in Kent County, Maryland, the route of the
American troops from Washington through Georgetown, the Maryland
Counties of Montgomery, Howard, and Baltimore, and the City of
Baltimore, Maryland, to the Battle of North Point, and the ultimate
victory of the Americans at Fort McHenry on September 14, 1814,
where a distinguished Maryland lawyer and poet, Francis Scott Key,
wrote the words that captured the essence of our national struggle
for independence, words that now serve as our national anthem, the
Star-Spangled Banner; and
(3) the designation of this route as a national historic
trail--
(A) would serve as a reminder of the importance of the
concept of liberty to all who experience the Star-Spangled
Banner National Historic Trail; and
(B) would give long overdue recognition to the patriots
whose determination to stand firm against enemy invasion and
bombardment preserved this liberty for future generations of
Americans.
SEC. 3. DESIGNATION OF TRAIL FOR STUDY.
Section 5(c) of the National Trails System Act (16 U.S.C. 1244(c))
is amended--
(1) by redesignating paragraph (36) (as added by section 3 of
the El Camino Real Para Los Texas Study Act of 1993 (107 Stat.
1497)) as paragraph (37) and in subparagraph (C) by striking
``detemine'' and inserting ``determine'';
(2) by designating the paragraphs relating to the Old Spanish
Trail and the Great Western Scenic Trail as paragraphs (38) and
(39), respectively; and
(3) by adding at the end the following:
``(40) Star-Spangled Banner National Historic Trail.--
``(A) In general.--The Star-Spangled Banner National Historic
Trail, tracing the War of 1812 route from the arrival of the
British fleet in the Patuxent River in Calvert County and St.
Mary's County, Maryland, the landing of the British forces at
Benedict, the sinking of the Chesapeake Flotilla at Pig Point, the
American defeat at the Battle of Bladensburg, the siege of the
Nation's Capital, Washington, District of Columbia (including the
burning of the United States Capitol and the White House), the
British naval diversions in the upper Chesapeake Bay leading to the
Battle of Caulk's Field in Kent County, Maryland, the route of the
American troops from Washington through Georgetown, the Maryland
Counties of Montgomery, Howard, and Baltimore, and the City of
Baltimore, Maryland, to the Battle of North Point, and the ultimate
victory of the Americans at Fort McHenry on September 14, 1814.
``(B) Affected areas.--The trail crosses eight counties within
the boundaries of the State of Maryland, the City of Baltimore,
Maryland, and Washington, District of Columbia.
``(C) Coordination with other congressionally mandated
activities.--The study under this paragraph shall be undertaken in
coordination with the study authorized under section 603 of the
Omnibus Parks and Public Lands Management Act of 1996 (16 U.S.C.
1a-5 note; 110 Stat. 4172) and the Chesapeake Bay Gateways and
Watertrails Network authorized under the Chesapeake Bay Initiative
Act of 1998 (16 U.S.C. 461 note; 112 Stat. 2961). Such coordination
shall extend to any research needed to complete the studies and any
findings and implementation actions that result from the studies
and shall use available resources to the greatest extent possible
to avoid unnecessary duplication of effort.
``(D) Deadline for study.--Not later that 2 years after funds
are made available for the study under this paragraph, the study
shall be completed and transmitted with final recommendations to
the Committee on Resources in the House of Representatives and the
Committee on Energy and Natural Resources in the Senate.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Star-Spangled Banner National Historic Trail Study Act of 1999 - Amends the National Trails System Act to require study for potential addition to the national trails system of the Star-Spangled Banner National Historic Trail (the route of the War of 1812 British invasion of Maryland and Washington, D.C., and the route of the American defense to victory at Fort McHenry on September 14, 1814).
Requires the study to be done in coordination with certain other congressionally-mandated studies. Sets a two-year deadline for completion and transmittal to specified congressional committees. | {"src": "billsum_train", "title": "Star-Spangled Banner National Historic Trail Study Act of 1999"} | 1,106 | 129 | 0.48659 | 1.497757 | 0.65272 | 3.299065 | 9.373832 | 0.831776 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Eastern New Mexico Rural Water
System Act of 2006''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Authority.--The term ``Authority'' means the Eastern
New Mexico Rural Water Authority, an entity formed under State
law for the purposes of planning, financing, developing, and
operating the System.
(2) Plan.--The term ``plan'' means the operation,
maintenance, and replacement plan required by section 4(b).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) State.--The term ``State'' means the State of New
Mexico.
(5) System.--
(A) In general.--The term ``System'' means the
Eastern New Mexico Rural Water System, a water delivery
project designed to deliver approximately 16,500 acre-
feet of water per year from the Ute Reservoir to the
cities of Clovis, Elida, Grady, Melrose, Portales, and
Texico and other locations in Curry and Roosevelt
Counties in the State.
(B) Inclusions.--The term ``System'' includes--
(i) the intake structure at Ute Reservoir;
(ii) a water treatment, administration, and
maintenance facility with--
(I) a 30,000,000 gallon per day
average peak capacity; and
(II) a 15,000,000 gallon per day
average capacity;
(iii) approximately 155 miles of
transmission and lateral pipelines and tunnels
that range in size from 4 to 60 inches in
diameter;
(iv) 3 pumping stations, including--
(I) a raw water pump station at Ute
Reservoir;
(II) a booster pump station at the
``Caprock'' escarpment; and
(III) a booster pump station to
Elida; and
(v) any associated appurtenances.
(6) Ute reservoir.--The term ``Ute Reservoir'' means the
impoundment of water created in 1962 by the construction of the
Ute Dam on the Canadian River, located approximately 32 miles
upstream of the border between New Mexico and Texas.
SEC. 3. EASTERN NEW MEXICO RURAL WATER SYSTEM.
(a) Financial Assistance.--
(1) In general.--The Secretary may provide financial and
technical assistance to the Authority to assist in planning,
designing, conducting related preconstruction activities for,
and constructing the System.
(2) Use.--
(A) In general.--Any financial assistance provided
under paragraph (1) shall be obligated and expended
only in accordance with a cooperative agreement entered
into under section 5(a)(2).
(B) Limitations.--Financial assistance provided
under paragraph (1) shall not be used--
(i) for any activity that is inconsistent
with constructing the System; or
(ii) to plan or construct facilities used
to supply irrigation water for agricultural
purposes.
(b) Cost-Sharing Requirement.--
(1) In general.--The Federal share of the total cost of any
activity or construction carried out using amounts made
available under this Act shall be not more than 75 percent of
the total cost of the System.
(2) System development costs.--For purposes of paragraph
(1), the total cost of the System shall include any costs
incurred by the Authority on or after October 1, 2003, for the
development of the System.
(c) Limitation.--No amounts made available under this Act may be
used for the construction of the System until--
(1) a plan is developed under section 4(b); and
(2) the Secretary and the Authority have complied with any
requirements of the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) applicable to the System.
(d) Title to Project Works.--Title to the infrastructure of the
System shall be held by the Authority or as may otherwise be specified
under State law.
SEC. 4. OPERATION, MAINTENANCE, AND REPLACEMENT COSTS.
(a) In General.--The Authority shall be responsible for the annual
operation, maintenance, and replacement costs associated with the
System.
(b) Operation, Maintenance, and Replacement Plan.--The Authority,
in consultation with the Secretary, shall develop an operation,
maintenance, and replacement plan that establishes the rates and fees
for beneficiaries of the System in the amount necessary to ensure that
the System is properly maintained and capable of delivering
approximately 16,500 acre-feet of water per year.
SEC. 5. ADMINISTRATIVE PROVISIONS.
(a) Cooperative Agreements.--
(1) In general.--The Secretary may enter into any contract,
grant, cooperative agreement, or other agreement that is
necessary to carry out this Act.
(2) Cooperative agreement for provision of financial
assistance.--
(A) In general.--The Secretary shall enter into a
cooperative agreement with the Authority to provide
financial assistance or any other assistance requested
by the Authority for planning, design, related
preconstruction activities, and construction of the
System.
(B) Requirements.--The cooperative agreement
entered into under subparagraph (A) shall, at a
minimum, specify the responsibilities of the Secretary
and the Authority with respect to--
(i) ensuring that the cost-share
requirements established by section 3(b) are
met;
(ii) completing the planning and final
design of the System;
(iii) any environmental and cultural
resource compliance activities required for the
System; and
(iv) the construction of the System.
(b) Technical Assistance.--At the request of the Authority, the
Secretary may provide to the Authority any technical assistance that is
necessary to assist the Authority in planning, designing, constructing,
and operating the System.
(c) Biological Assessment.--The Secretary shall consult with the
New Mexico Interstate Stream Commission and the Authority in preparing
any biological assessment under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) that may be required for planning and constructing
the System.
(d) Effect.--Nothing in this Act--
(1) affects or preempts--
(A) State water law; or
(B) an interstate compact relating to the
allocation of water; or
(2) confers on any non-Federal entity the ability to
exercise any Federal rights to--
(A) the water of a stream; or
(B) any groundwater resource.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
Secretary such sums as are necessary to carry out this Act.
(b) Nonreimbursable Amounts.--Amounts made available to the
Authority in accordance with the cost-sharing requirement under section
3(b) shall be nonreimbursable and nonreturnable to the United States.
(c) Availability of Funds.--At the end of each fiscal year, any
unexpended funds appropriated pursuant to this Act shall be retained
for use in future fiscal years consistent with this Act. | Eastern New Mexico Rural Water System Act of 2006 - Authorizes the Secretary of the Interior to provide financial and technical assistance to the Eastern New Mexico Rural Water Authority to assist in planning, designing, conducting preconstruction activities for, and constructing the Eastern New Mexico Rural Water System.
Limits the federal share of the cost of any activity to 75%. Provides that the total cost of the System shall include any costs incurred by the Authority on or after October 1, 2003, for System development.
Makes the Authority responsible for annual operation, maintenance, and replacement costs. Directs the Authority to develop an operation, maintenance, and replacement plan that establishes rates and fees necessary to ensure that the System is properly maintained and capable of delivering approximately 16,500 acre-feet of water per year. Prohibits the use of funds under this Act until such plan is developed and until the Secretary and the Authority have complied with applicable requirements of the National Environmental Policy Act of 1969. Directs the Secretary to consult with the New Mexico Interstate Stream Commission and the Authority in preparing any required biological assessment under the Endangered Species Act of 1973. | {"src": "billsum_train", "title": "To authorize the Secretary of the Interior to provide financial assistance to the Eastern New Mexico Rural Water Authority for the planning, design, and construction of the Eastern New Mexico Rural Water System, and for other purposes."} | 1,600 | 242 | 0.525296 | 1.525729 | 0.730987 | 5.803738 | 6.462617 | 0.953271 |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Improving the
Juvenile Justice System for Girls Act of 2013''.
(b) Findings.--The Congress finds as follows:
(1) The proportion of girls entering the justice system has
increased steadily over the past several decades, rising from
20 percent in 1980 to 30 percent in 2009. Most of these girls,
up to 73 percent, have histories of physical and sexual
violence, and their entry into the criminal and juvenile
justice system is linked to their sexual and physical
victimization.
(2) Girls' pathways into juvenile justice involvement are
distinct from boys' pathways. Girls account for a much larger
proportion of nonviolent status offenders than delinquency
offenders (40 percent compared to 14 percent, respectively).
(3) A study by the Oregon Social Learning Center found the
average reported age of first sexual encounter for girls in
juvenile justice is 6.75.
(4) The trauma of untreated physical and sexual abuse
results in lifetime consequences for girls. These consequences
include a higher risk for a number of negative social and
health outcomes such as higher mortality rates, a variety of
psychiatric problems, dysfunctional and violent relationships,
poor educational achievement, less stable work histories,
increased risk for sexually transmitted diseases and early
pregnancy, substance abuse or addiction, and increased reliance
on social services as compared to non-delinquent girls.
(5) A growing body of evidence suggests that girls who
enter the juvenile justice system have equal if not higher
rates of mental health issues than boys who enter the system.
(6) Current research and data have shown that gender-
responsive, strength-based programming providing trauma-
informed care and trauma-specific services is the most
effective means of preventing juvenile offenses and reducing
recidivism.
SEC. 2. INCENTIVE GRANTS FOR LOCAL DELINQUENCY PREVENTION PROGRAMS.
The second title V of the Juvenile Justice and Delinquency
Prevention Act of 1974 (relating to Incentive Grants for Local
Delinquency Prevention Programs, as added by Public Law 102-586 and
amended by Public Law 107-273) is amended--
(1) by amending section 502 (42 U.S.C. 5781) to read as
follows:
``SEC. 502. DEFINITIONS.
``In this title:
``(1) State advisory group.--The term `State advisory
group' means the advisory group appointed by the chief
executive officer of a State under a plan described in section
223(a).
``(2) Gender-responsive services.--The term `gender-
responsive services' means promising practices or evidence-
based services that--
``(A) comprehensively address the needs of girls in
the juvenile justice system through the development or
improvement of programs, treatment, counseling, and
resources, and the selection and training of staff, in
a manner that reflects an understanding of--
``(i) the unique pathways of girls into the
juvenile justice system;
``(ii) the need for interventions that
address common experiences of girls in the
juvenile justice system, including histories of
abuse, violence, broken family relationships,
and substance abuse; and
``(iii) the social and cultural factors
affecting girls in the juvenile justice system
and girls who are at risk of entering the
juvenile justice system; and
``(B) includes trauma-specific services.
``(3) Trauma-specific services.--The term `trauma-specific
services' means services that--
``(A) address the neurological, biological,
psychological, and social effects of trauma on the
victims of trauma;
``(B) provide resources on trauma exposure, the
impact or trauma, and trauma treatment to such victims;
``(C) engage in efforts to strengthen the
resilience and protective factors of such victims;
``(D) include trauma-informed therapeutic
interventions that are based on an understanding of the
vulnerabilities or triggers of victims of trauma, and
are designed to provide support to, and avoid re-
traumatization of, such victims; and
``(E) emphasize continuity of care and
collaboration among the providers of services to such
victims.'';
(2) in section 504 (42 U.S.C. 5783)--
(A) in subsection (a)--
(i) by striking ``and'' after the semicolon
in paragraph (7);
(ii) by redesignating paragraph (8) as
paragraph (9); and
(iii) by inserting after paragraph (7) the
following:
``(8) gender-responsive services; and''; and
(B) in subsection (b)--
(i) in paragraph (2), by inserting ``,
including a description of how the funds made
available under this section will increase the
effectiveness of such plan and the activities
to be carried out under such plan'' before the
semicolon; and
(ii) in paragraph (3), by inserting ``,
including a description of how the funds made
available under this section will increase the
effectiveness of such plan and the activities
to be carried out under such plan'' before the
semicolon; and
(3) in section 505 (42 U.S.C. 5784), by striking ``for
fiscal years 2004, 2005, 2006, 2007, and 2008'' and inserting
``for each of the fiscal years 2014 through 2019''. | Improving the Juvenile Justice System for Girls Act of 2013 - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to include gender-responsive services in the grant program for juvenile delinquency prevention. Defines "gender-responsive services" to mean promising practices and evidence-based services that comprehensively address the needs of girls in the juvenile justice system by providing services that reflect an understanding of: (1) the unique pathways of girls into the juvenile justice system; (2) the need for interventions that address common experiences of girls in the system, including histories of abuse, violence, broken family relationships, and substance abuse; and (3) the social and cultural factors of girls in the system. Includes in such definition trauma-specific services. Authorizes appropriations for the Juvenile Justice and Delinquency Prevention Grant Program from FY2014-FY2019. | {"src": "billsum_train", "title": "Improving the Juvenile Justice System for Girls Act of 2013"} | 1,173 | 190 | 0.5871 | 1.819272 | 1.092441 | 3.855346 | 7.025157 | 0.899371 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military and Veterans Mental Health
Provider Assessment Act of 2015''.
SEC. 2. IMPROVEMENT OF MENTAL HEALTH CARE PROVIDED BY HEALTH CARE
PROVIDERS OF THE DEPARTMENT OF DEFENSE AND THE DEPARTMENT
OF VETERANS AFFAIRS.
(a) Training on Recognition and Management of Risk of Suicide.--The
Secretary concerned shall ensure that all health care providers under
the jurisdiction of such Secretary receive empirically supported
training on the recognition and assessment of individuals at risk for
suicide and the management of such risk not less frequently than once
every three years.
(b) Evaluation of Implementation of Clinical Practice Guidelines
and Best Practices by Mental Health Care Providers.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, and not less frequently than once
each year thereafter, the Secretary concerned shall conduct an
evaluation of the implementation by mental health care
providers under the jurisdiction of such Secretary of the
clinical practice guidelines recommended for such providers by
such Secretary and other evidence-based treatments and
approaches.
(2) Inclusion of results in employee performance
evaluations.--The Secretary concerned shall incorporate
evaluations conducted under paragraph (1) into the employee
evaluation process conducted by such Secretary with respect to
mental health care providers to the greatest extent possible.
(c) Assessment of Mental Health Workforce.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense and the
Secretary of Veterans Affairs shall jointly submit to the
appropriate committees of Congress a report assessing the
mental health workforce of the Department of Defense and the
Department of Veterans Affairs and the long-term mental health
care needs of members of the Armed Forces and veterans for
purposes of determining the long-term need of the Department of
Defense and the Department of Veterans Affairs for mental
health care providers.
(2) Elements.--The report submitted under paragraph (1)
shall include an assessment of the following:
(A) The number of mental health care providers of
the Department of Defense and the Department of
Veterans Affairs as of the date of the submittal of the
report, disaggregated by specialty, including
psychiatrists, psychologists, social workers, mental
health counselors, and marriage and family therapists.
(B) The number of mental health care providers that
are anticipated to be needed by the Department of
Defense and the Department of Veterans Affairs.
(C) The types of mental health care providers that
are anticipated to be needed by the Department of
Defense and the Department of Veterans Affairs.
(D) Locations in which mental health care providers
are anticipated to be needed by the Department of
Defense and the Department of Veterans Affairs.
(d) Plan for Development of Procedures To Measure Mental Health
Data.--Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense and the Secretary of Veterans Affairs
shall jointly submit to the appropriate committees of Congress a plan
for the Department of Defense and the Department of Veterans Affairs to
jointly develop procedures to compile and assess data relating to the
following:
(1) Outcomes for mental health care provided by the
Department of Defense and the Department of Veterans Affairs.
(2) Variations in such outcomes among different medical
facilities of the Department of Defense and Department of
Veterans Affairs.
(3) Barriers, if any, to the implementation by mental
health care providers under the jurisdiction of the Secretary
concerned of the clinical practice guidelines recommended for
such providers by such Secretary and other evidence-based
treatments and approaches.
(e) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services and the
Committee on Veterans' Affairs of the Senate; and
(B) the Committee on Armed Services and the
Committee on Veterans' Affairs of the House of
Representatives.
(2) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Defense with respect to
matters concerning the Department of Defense; and
(B) the Secretary of Veterans Affairs with respect
to matters concerning the Department of Veterans
Affairs. | Military and Veterans Mental Health Provider Assessment Act of 2015 Directs the Department of Defense and the Department of Veterans Affairs to ensure that all health care providers under their respective jurisdictions receive, at least once every three years, empirically supported training on the recognition and assessment of individuals at risk for suicide and the management of such risk. Requires such Departments to: (1) conduct annual evaluations of the implementation by mental health care providers under their jurisdictions of Department-recommended clinical practice guidelines and other evidence-based treatments and approaches, and (2) incorporate such evaluations into the employee evaluation process of such providers. Directs such Departments to jointly submit: (1) a report assessing their mental health work forces and the long-term mental health care needs of members of the Armed Forces and veterans for purposes of determining long-term needs of such Departments for mental health care providers; and (2) a plan to jointly develop procedures to compile and assess data relating to outcomes for mental health care provided by the Departments, variations in such outcomes among different Department medical facilities, and barriers to the implementation by Department mental health care providers of recommended clinical practice guidelines and other evidence-based treatments and approaches. | {"src": "billsum_train", "title": "Military and Veterans Mental Health Provider Assessment Act of 2015"} | 906 | 247 | 0.733534 | 2.155999 | 0.946893 | 4.947826 | 3.756522 | 0.930435 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Andrew Carnegie Libraries for
Lifelong Learning Act''.
SEC. 2. PUBLIC LIBRARY CONSTRUCTION AND TECHNOLOGY ENHANCEMENT.
The Library Services and Technology Act (20 U.S.C. 9121 et seq.) is
amended--
(1) by redesignating chapter 3 as chapter 4; and
(2) by inserting after chapter 2 the following:
``CHAPTER 3--PUBLIC LIBRARY CONSTRUCTION AND TECHNOLOGY ENHANCEMENT
``SEC. 241. GRANTS TO STATES FOR PUBLIC LIBRARY CONSTRUCTION AND
TECHNOLOGY ENHANCEMENT.
``(a) In General.--From amounts appropriated under section 244 the
Director shall carry out a program of awarding grants to States that
have a State plan approved under section 224 for the construction or
technology enhancement of public libraries.
``(b) Definitions.--In this chapter:
``(1) Construction.--
``(A) In general.--The term `construction' means--
``(i) construction of new buildings;
``(ii) the acquisition, expansion,
remodeling, and alteration of existing
buildings;
``(iii) the purchase, lease, and
installation of equipment for any new or
existing buildings; or
``(iv) any combination of the activities
described in clauses (i) through (iii),
including architect' fees and the cost of
acquisition of land.
``(B) Special rule.--Such term includes remodeling
to meet standards under the Act entitled `An Act to
insure that certain buildings financed with Federal
funds are so designed and constructed as to be
accessible to the physically handicapped', approved
August 12, 1968 (42 U.S.C. 4151 et seq.), commonly
known as the `Architectural Barriers Act of 1968',
remodeling designed to ensure safe working environments
and to conserve energy, renovation or remodeling to
accommodate new technologies, and the purchase of
historic buildings for conversion to public libraries.
``(2) Equipment.--The term `equipment' means--
``(A) information and building technologies, video
and telecommunications equipment, machinery, utilities,
built-in equipment, and any necessary enclosures or
structures to house the technologies, equipment,
machinery or utilities; and
``(B) all other items necessary for the functioning
of a particular facility as a facility for the
provision of library services.
``(3) Public library.--The term `public library' means a
library that serves free of charge all residents of a
community, district, or region, and receives its financial
support in whole or in part from public funds. Such term also
includes a research library, which, for the purposes of this
sentence, means a library, which--
``(A) makes its services available to the public
free of charge;
``(B) has extensive collections of books,
manuscripts, and other materials suitable for scholarly
research which are not available to the public through
public libraries;
``(C) engages in the dissemination of humanistic
knowledge through services to readers, fellowships,
educational and cultural programs, publication of
significant research, and other activities; and
``(D) is not an integral part of an institution of
higher education.
``(4) Technology enhancement.--The term `technology
enhancement' means the acquisition, installation, maintenance,
or replacement, of substantial technological equipment
(including library bibliographic automation equipment)
necessary to provide access to information in electronic and
other formats made possible by new information and
communications technologies.
``(c) Applicability.--Except as provided in section 243, the
provisions of this subtitle (other than this chapter) shall not apply
to this chapter.
``SEC. 242. USES OF FEDERAL FUNDS.
``(a) In General.--A State shall use funds appropriated under
section 244 to pay the Federal share of the cost of construction or
technology enhancement of public libraries.
``(b) Federal Share.--
``(1) In general.--For the purposes of subsection (a), the
Federal share of the cost of construction or technology
enhancement of any project assisted under this chapter shall
not exceed one-half of the total cost of the project.
``(2) Non-federal share.--The non-Federal share of the cost
of construction or technology enhancement of any project
assisted under this chapter may be provided from State, local
or private sources, including for-profit and nonprofit
organizations.
``(c) Special Rule.--If, within 20 years after completion of
construction of any public library facility that has been constructed
in part with grant funds made available under this chapter--
``(1) the recipient of the grant funds (or its successor in
title or possession) ceases or fails to be a public or
nonprofit institution, or
``(2) the facility ceases to be used as a library facility,
unless the Director determines that there is good cause for
releasing the institution from its obligation,
the United States shall be entitled to recover from such recipient (or
successor) an amount which bears the same ratio to the value of the
facility at that time (or part thereof constituting an approved project
or projects) as the amount of the Federal grant bore to the cost of
such facility (or part thereof). The value shall be determined by the
parties or by action brought in the United States district court for
the district in which the facility is located.
``SEC. 243. DESCRIPTION INCLUDED IN STATE PLAN.
``Any State desiring to receive a grant under this chapter for any
fiscal year shall submit, as a part of the State plan under section
224, a description of the public library construction or technology
enhancement activities to be assisted under this chapter.
``SEC. 244. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this chapter
$200,000,000 for fiscal year 2000 and each of the 4 succeeding fiscal
years.''. | Andrew Carnegie Libraries for Lifelong Learning Act - Amends the Library Services and Technology Act to require the Director of the Institute of Museum and Library Services to carry out a program of awarding grants to States for the construction or technology enhancement of public libraries. Authorizes appropriations. | {"src": "billsum_train", "title": "Andrew Carnegie Libraries for Lifelong Learning Act"} | 1,337 | 61 | 0.512238 | 1.13536 | 0.928734 | 3.745098 | 24.176471 | 0.882353 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Access to Health Care Act
of 2001''.
SEC. 2. PURPOSE.
The purpose of this Act is to provide assistance to communities and
to consortia of health care providers and others, including those in
rural areas and including American Indian and Alaska Native entities,
in order to develop or strengthen integrated health care delivery
systems that coordinate health services for individuals who are
uninsured and individuals who are underinsured, through--
(1) coordination of services to allow such individuals to
receive efficient and higher quality care and to gain entry
into a comprehensive system of care;
(2) development of the infrastructure for a health care
delivery system characterized by effective collaboration,
information sharing, and clinical and financial coordination
among all providers of care in the community; and
(3) provision of new Federal resources that do not supplant
funding for existing Federal categorical programs that support
entities providing services to low-income populations.
SEC. 3. CREATION OF COMMUNITY ACCESS PROGRAM.
Part D of title III of the Public Health Service Act (42 U.S.C.
254b et seq.) is amended by inserting after subpart IV the following
new subpart:
``Subpart V--Community Access Program
``SEC. 340. GRANTS TO STRENGTHEN THE EFFECTIVENESS, EFFICIENCY, AND
COORDINATION OF SERVICES FOR THE UNINSURED AND
UNDERINSURED.
``(a) In General.--The Secretary may make grants for the purpose of
assisting the development of integrated health care delivery systems--
``(1) to serve communities of individuals who are uninsured
and individuals who are underinsured;
``(2) to expand the scope of services provided; and
``(3) to improve the efficiency and coordination among the
providers of such services.
``(b) Eligible Entities.--To be eligible to receive a grant under
this section, an entity must--
``(1) be a public or nonprofit private entity such as--
``(A) a Federally qualified health center (as
defined under section 1861(aa)(4) of the Social
Security Act);
``(B) a hospital that meets the requirements of
section 340B(a)(4)(L) (or, if none are available in the
area, a hospital that is a provider of a substantial
volume of non-emergency health services to uninsured
individuals and families without regard to their
ability to pay) without regard to 340B (a)(4)(L)(iii);
or
``(C) a public health department; and
``(2) represent a consortium of providers and, as
appropriate, related agencies or entities--
``(A) whose principal purpose is to provide a broad
range of coordinated health care services for a
community defined in the entity's grant application
(which may be a special population group such as
migrant and seasonal farm workers, homeless persons or
individuals with disabilities);
``(B) that includes all health care providers that
serve the community and that have traditionally
provided care (beyond emergency services) to uninsured
and underinsured individuals without regard to the
individuals' ability to pay (if there are any such
providers) unless any such provider or providers
declines to participate; and
``(C) that may include other health care providers
and related agencies and organizations;
except that preference shall be given to applicants that are health
care providers identified in paragraph (1).
``(c) Applications.--To be eligible to receive a grant under this
section, an eligible entity shall submit to the Secretary an
application, in such form and manner as the Secretary shall prescribe,
that shall--
``(1) define a community of uninsured and underinsured
individuals that consists of all such individuals--
``(A) in a specified geographical area; or
``(B) in a specified population within such an
area;
``(2) identify the providers who will participate in the
consortium's program under the grant, and specify each one's
contribution to the care of uninsured and underinsured
individuals in the community, including the volume of care it
provides to medicare and medicaid beneficiaries and to
privately paid patients;
``(3) describe the activities that the applicant and the
consortium propose to perform under the grant to further the
purposes of this section;
``(4) demonstrate the consortium's ability to build on the
current system for serving uninsured and underinsured
individuals by involving providers who have traditionally
provided a significant volume of care for that community;
``(5) demonstrate the consortium's ability to develop
coordinated systems of care that either directly provide or
ensure the prompt provision of a broad range of high-quality,
accessible services, including, as appropriate, primary,
secondary, and tertiary services, as well as substance abuse
treatment and mental health services in a manner which assures
continuity of care in the community;
``(6) provide evidence of community involvement in the
development, implementation, and direction of the program that
it proposes to operate;
``(7) demonstrate the consortium's ability to ensure that
individuals participating in the program are enrolled in public
insurance programs for which they are eligible;
``(8) present a plan for leveraging other sources of
revenue, which may include State and local sources and private
grant funds, and integrating current and proposed new funding
sources in a way to assure long-term sustainability;
``(9) describe a plan for evaluation of the activities
carried out under the grant, including measurement of progress
toward the goals and objectives of the program;
``(10) demonstrate fiscal responsibility through the use of
appropriate accounting procedures and appropriate management
systems;
``(11) include such other information as the Secretary may
prescribe; and
``(12) demonstrate the commitment to serve the community
without regard to the ability of the individual or family to
pay by arranging for or providing free or reduced charge care
for the poor.
``(d) Priorities.--In awarding grants under this section, the
Secretary may accord priority to applicants--
``(1) whose consortium includes public hospitals, Federally
qualified health centers (as defined in section 1905(l)(2)(B)
of the Social Security Act), and other providers that are
covered entities as defined by section 340B(a)(4) of this Act
(or that would be covered entities as so defined but for
subparagraph (L)(iii) of such section);
``(2) that identify a community whose geographical area has
a high or increasing percentage of individuals who are
uninsured;
``(3) whose consortium includes other health care providers
that have a tradition of serving uninsured individuals and
underinsured individuals in the community;
``(4) who show evidence that the program would expand
utilization of preventive and primary care services for
uninsured and underinsured individuals and families in the
community, including mental health services or substance abuse
services;
``(5) whose proposed program would improve coordination
between health care providers and appropriate social service
providers, including local and regional human services
agencies, school systems, and agencies on aging;
``(6) that demonstrate collaboration with State and local
governments;
``(7) that make use of non-Federal contributions to the
greatest extent possible; or
``(8) that demonstrate a likelihood that the proposed
program will continue after support under this section ceases.
``(e) Use of Funds.--
``(1) Use by grantees.--
``(A) In general.--Except as provided in paragraphs
(2) and (3), a grantee may use amounts provided under
this section only for--
``(i) direct expenses associated with
planning, developing, and operating the greater
integration of a health care delivery system so
that it either directly provides or ensures the
provision of a broad range of services, as
appropriate, including primary, secondary, and
tertiary services, as well as substance abuse
treatment and mental health services; and
``(ii) direct patient care and service
expansions to fill identified or documented
gaps within an integrated delivery system.
``(B) Specific uses.--The following are examples of
purposes for which a grantee may use grant funds, when
such use meets the conditions stated in subparagraph
(A):
``(i) Increase in outreach activities.
``(ii) Improvements to case management.
``(iii) Improvements to coordination of
transportation to health care facilities.
``(iv) Development of provider networks.
``(v) Recruitment, training, and
compensation of necessary personnel.
``(vi) Acquisition of technology.
``(vii) Identifying and closing gaps in
services being provided.
``(viii) Improvements to provider
communication, including implementation of
shared information systems or shared clinical
systems.
``(ix) Other activities that may be
appropriate to a community that would increase
access to the uninsured.
``(2) Direct patient care limitation.--No more than 15
percent of the funds provided under a grant may be used for
providing direct patient care and services.
``(3) Reservation of funds for national program purposes.--
The Secretary may use not more than 3 percent of funds
appropriated to carry out this section for technical assistance
to grantees, obtaining assistance of experts and consultants,
meetings, dissemination of information, evaluation, and
activities that will extend the benefits of funded programs to
communities other than the one funded.
``(f) Maintenance of Effort.--With respect to activities for which
a grant under this section is authorized, the Secretary may award such
a grant only if the recipient of the grant and each of the
participating providers agree that each one will maintain its
expenditures of non-Federal funds for such activities at a level that
is not less than the level of such expenditures during the year
immediately preceding the fiscal year for which the applicant is
applying to receive such grant.
``(g) Reports to the Secretary.--The recipient of a grant under
this section shall report to the Secretary annually regarding--
``(1) progress in meeting the goals stated in its grant
application; and
``(2) such additional information as the Secretary may
require.
The Secretary may not renew an annual grant under this section unless
the Secretary is satisfied that the consortium has made reasonable and
demonstrable progress in meeting the goals set forth in its grant
application for the preceding year.
``(h) Audits.--Each entity which receives a grant under this
section shall provide for an independent annual financial audit of all
records that relate to the disposition of funds received through this
grant.
``(i) Technical Assistance.--The Secretary may, either directly or
by grant or contract, provide any funded entity with technical and
other non-financial assistance necessary to meet the requirements of
this section.
``(j) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $250,000,000
in fiscal year 2002 and such sums as may be necessary for each of
fiscal years 2003 through 2006.''. | Community Access to Health Care Act of 2001 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to make grants for the purpose of assisting the development of integrated health care delivery systems to: (1) serve communities of individuals who are uninsured and individuals who are underinsured; (2) expand the scope of services provided; and (3) improve the efficiency and coordination among the providers of such services. Authorizes appropriations. | {"src": "billsum_train", "title": "To amend part D of title III of the Public Health Service Act to provide grants to strengthen the effectiveness, efficiency, and coordination of services for the uninsured and underinsured."} | 2,422 | 96 | 0.609728 | 1.326553 | 1.178929 | 5 | 26.563218 | 0.954023 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Unilateral Palestinian Statehood
Disapproval Act of 2000''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) As part of the 1993 Oslo Accords, Palestinian Chairman
Arafat committed to resolving all outstanding issues with
Israel through negotiations.
(2) On July 25, 2000, at the conclusion of the last round
of the Camp David negotiations, Prime Minister Barak and
Chairman Arafat issued a statement agreeing on the importance
of ``avoiding unilateral action that prejudice the outcome of
negotiations''.
(3) A critical ingredient to the success of the peace
process thus far has been the commitment by both sides to
refrain from unilateral actions that undermine the peace
process.
(4) Upon his return to Gaza following the conclusion of the
recent Camp David negotiations, Palestinian Chairman Arafat
stated that the agreement to continue negotiations with Israel
lasted only until September 13, ``the date for declaring our
independent state with Jerusalem as its capital whether people
like it or not''.
(5) A unilateral declaration of a Palestinian state will
most likely undermine the peace process.
SEC. 3. DEFINITIONS.
In this Act:
(1) Humanitarian assistance.--The term ``humanitarian
assistance'' includes the provision of food, medicine, medical
supplies, or medical equipment.
(2) United states assistance.--The term ``United States
assistance'' means--
(A) any assistance under the Foreign Assistance Act
of 1961 (including programs under title IV of chapter
2, relating to the Overseas Private Investment
Corporation), other than--
(i) assistance under part I of that Act;
(ii) assistance under chapter 8 of part II
of that Act;
(iii) assistance for refugees; and
(iv) humanitarian assistance not covered by
clause (iii);
(B) sales, or financing on any terms, under the
Arms Export Control Act;
(C) the provision of agricultural commodities,
other than food, under the Agricultural Trade
Development and Assistance Act of 1954; and
(D) financing under the Export-Import Bank Act of
1945.
SEC. 4. NONRECOGNITION POLICY OF THE UNITED STATES.
(a) In General.--It should be the policy of the United States not
to recognize--
(1) a unilaterally declared Palestinian state; or
(2) any document or other instrument of a unilaterally
declared Palestinian state, including any passport or postage.
(b) Diplomatic Efforts To Deny Recognition.--It is the sense of
Congress that the President and the Secretary of State should use all
diplomatic means to work with the allies of the United States in the
European Union, Japan, and other countries to not extend recognition to
a unilaterally declared Palestinian state.
(c) Downgrade in Status of Palestinian Office in the United
States.--It is the sense of Congress that, should there be a
unilaterally declared Palestinian state, the President should instruct
the Secretary of State to downgrade the status of the Palestinian
office in the United States to an information office, the status it
held prior to the Oslo Accords, including the commensurate
reclassification and treatment of United States-Palestinian diplomatic
contacts, travel, and communication.
SEC. 5. PROHIBITION ON UNITED STATES ASSISTANCE.
Notwithstanding any other provision of law, no funds may be made
available for the provision of any United States assistance for a
unilaterally declared Palestinian state, except for cooperation on
security and antiterrorism matters.
SEC. 6. UNITED STATES POLICY ON PALESTINIAN MEMBERSHIP IN THE UNITED
NATIONS OR OTHER INTERNATIONAL ORGANIZATION.
It is the sense of Congress that the President should direct the
United States Permanent Representative to the United Nations to oppose
and vote against--
(1) the recognition or membership of a unilaterally
declared Palestinian state at the United Nations, or any
affiliated agency or organization of the United Nations or any
other international organization or commission; and
(2) the provision of any economic, technical, or other
assistance for a unilaterally declared Palestinian state from
the United Nations or any affiliated agency or organization of
the United Nations, except for humanitarian assistance and
cooperation on security and antiterrorism matters.
SEC. 7. UNITED STATES OPPOSITION TO PALESTINIAN MEMBERSHIP IN OR
ASSISTANCE FROM INTERNATIONAL FINANCIAL INSTITUTIONS.
It is the sense of Congress that the Secretary of the Treasury
should instruct the United States Executive Director to each
appropriate international financial institution to oppose, and vote
against, the membership or recognition of a unilaterally declared
Palestinian state in any of the international financial institutions
and the extension by such institution of any loan or financial or
technical assistance to a unilaterally declared Palestinian state.
SEC. 8. UNITED STATES-ISRAEL SECURITY RELATIONS.
(a) Review of United States-Israel Strategic Relations.--Congress
urges the President to expedite and upgrade his ongoing review of
strategic relations between the United States and Israel.
(b) Report.--Not later than 30 days after the date of enactment of
this Act, the Secretary of State shall submit a report to Congress
regarding Israel's security needs in the new security environment that
would be created by a unilateral declaration of Palestinian statehood.
SEC. 9. PRESIDENTIAL WAIVER AUTHORITY.
The President may waive the provisions of section 5, 6(2), or 7 of
this Act if the President determines and so reports to Congress that to
do so is in the national interest of the United States or advances the
peace process. | Urges the President to expedite and upgrade his ongoing review of strategic relations between the United States and Israel. Authorizes the President to waive the requirements of this Act if it is in the national security interest of the United States or advances the peace process. | {"src": "billsum_train", "title": "Unilateral Palestinian Statehood Disapproval Act of 2000"} | 1,237 | 55 | 0.400582 | 1.037812 | -0.321975 | 6.5 | 23.291667 | 0.958333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keep It in the Ground Act of 2015''.
SEC. 2. FINDINGS; STATEMENT OF POLICY.
(a) Findings.--Congress finds that--
(1) from 1880 through 2014, global temperatures have
increased by about 0.9 degrees Celsius;
(2) the vast majority of global warming that has occurred
over the past 50 years was due to human activities, primarily
the burning of fossil fuels;
(3) emissions of greenhouse gases and atmospheric
concentrations of greenhouse gases continue to rise, which
results in a continued warming trend;
(4) global warming already has a significant impact on the
economy, including the farming, fishing, forestry, and
recreation industries;
(5) the significant impacts of global warming that are
already occurring will be amplified by a global temperature
increase of 2 degrees Celsius, which will lead to increased
droughts, rising seas, mass extinctions, heat waves,
desertification, wildfires, acidifying oceans, significant
economic disruption, and security threats;
(6) to avoid exceeding 2 degrees Celsius warming, at least
80 percent of carbon from proven fossil fuel reserves must be
kept in the ground;
(7) the potential emissions resulting from extracting and
burning all fossil fuels on Federal land and waters amounts to
a significant percentage of the greenhouse gas emissions limit;
and
(8) ending new leases for fossil fuels will prevent the
release of 90 percent of the potential emissions from Federal
fossil fuels.
(b) Statement of Policy.--It is the policy of the United States
that--
(1) Federal land and waters should be managed for the
benefit of the people of the United States--
(A) to avoid the most dangerous impacts of climate
change; and
(B) to promote a rapid transition to a clean energy
economy by keeping fossil fuels in the ground; and
(2) the Federal Government should pursue management of
Federal land and waters for the benefit of the people of the
United States by not issuing any new lease or renewing any
nonproducing lease for coal, oil, or natural gas in any Federal
land or waters.
SEC. 3. DEFINITIONS.
In this Act:
(1) Extend.--The term ``extend'' means the act of extending
a lease under the Mineral Leasing Act (30 U.S.C. 181 et seq.)
beyond the existing term of the lease.
(2) Nonproducing lease.--The term ``nonproducing lease''
means any lease under which no coal, oil, gas, oil shale, tar
sands, or other fossil fuel approved in the lease contract has
been extracted for commercial use.
(3) Reinstate.--The term ``reinstate'' means the act of
reinstating a lease under the Mineral Leasing Act (30 U.S.C.
181 et seq.) after a violation of any term of the lease that
resulted in suspension or cancellation of the lease.
(4) Renew.--The term ``renew'' means the act of renewing a
lease under the Mineral Leasing Act (30 U.S.C. 181 et seq.) for
a term that is not longer than the maximum renewal term for a
lease under that Act.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. STOPPING NEW OFFSHORE OIL AND GAS LEASES IN THE GULF OF MEXICO
AND THE PACIFIC, ATLANTIC, AND ARCTIC OCEANS.
(a) Prohibition on New Oil and Gas Leasing on the Outer Continental
Shelf.--Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C.
1337) is amended by adding at the end the following:
``(q) Prohibition on New Oil and Gas Leasing on the Outer
Continental Shelf.--
``(1) Definitions.--In this subsection:
``(A) Extend.--
``(i) In general.--The term `extend' means
the act of extending a lease under this Act
beyond the existing term of the lease.
``(ii) Inclusion.--The term `extend'
includes the act of extending a lease following
a suspension under this Act.
``(B) Nonproducing lease.--The term `nonproducing
lease' means any lease under which any coal, oil, gas,
oil shale, tar sands, or other fossil fuel approved in
the lease contract has been extracted.
``(C) Reinstate.--The term `reinstate' means the
act of reinstating a lease under this Act after a
violation of any term of the lease that resulted in
suspension or cancellation of the lease.
``(D) Renew.--The term `renew' means the act of
renewing a lease under this Act for a term that is not
longer than the maximum renewal term for a lease under
this Act.
``(2) Prohibition.--Notwithstanding any other provision of
this Act or any other law, the Secretary of the Interior shall
not issue a new lease, renew, reinstate, or extend any
nonproducing lease, or issue any other authorization for the
exploration, development, or production of oil, natural gas, or
any other fossil fuel in--
``(A) the Arctic Ocean;
``(B) the Atlantic Ocean, including the Straits of
Florida;
``(C) the Pacific Ocean;
``(D) the Gulf of Mexico; or
``(E) any other area of the outer Continental
Shelf.''.
(b) Cancellation of Existing Leases.--Notwithstanding any other
provision of law, not later than 60 days after the date of enactment of
this Act, the Secretary shall cancel any lease issued under section 8
of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) on or before
the date of enactment of this Act in the Beaufort Sea, Cook Inlet, or
Chukchi Sea.
SEC. 5. STOPPING NEW COAL, OIL, TAR SANDS, FRACKED GAS, AND OIL SHALE
LEASES ON FEDERAL LAND.
Notwithstanding any other provision of law, the Secretary shall not
conduct any lease sale, enter into any new lease, reoffer for lease any
land covered by an expiring lease, or renew, reinstate, or extend any
nonproducing lease in existence on or before the date of enactment of
this Act for onshore fossil fuels, including coal, oil, tar sands, oil
shale, and gas on land subject to the Mineral Leasing Act (30 U.S.C.
181 et seq.).
SEC. 6. EXCEPTIONS.
(a) National Security.--
(1) In general.--Subject to paragraph (2), the Secretary
may exempt any provision of this Act or an amendment made by
this Act for a lease if the Secretary determines, on the record
and based on available information, that--
(A) there is an imminent national security threat;
and
(B) issuing an exemption for the lease would
significantly reduce the imminent national security
threat.
(2) Duration.--An exemption under paragraph (1) shall
continue only for as long as the imminent national security
threat persists.
(b) Breach of Contract.--
(1) In general.--Subject to paragraph (2), the Secretary
may allow a nonproducing lease to be renewed or extended if--
(A) the nonproducing lease contract was signed
before the date of enactment of this Act; and
(B) the Secretary determines that giving effect to
any provision of this Act or an amendment made by this
Act is likely to lead to a court with jurisdiction
ruling that there was a material breach of the
nonproducing lease contract.
(2) Duration.--A renewal or extension under paragraph (1)
shall be for the shortest time practicable, consistent with the
terms of the nonproducing lease contract.
SEC. 7. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such a provision or amendment to any person or
circumstance is held to be invalid or unconstitutional, the remainder
of this Act, the amendments made by this Act, and the application of
those provisions and amendments to any person or circumstance shall not
be affected. | Keep It in the Ground Act of 2015 This bill states as U.S. policy that: (1) federal land and waters should be managed for the benefit of the people of the United States to avoid the most dangerous impacts of climate change and to promote a rapid transition to a clean energy economy; and (2) the government should pursue management of federal land and waters for the benefit of the people of the United States by not issuing any new lease or renewing any nonproducing lease for coal, oil, or natural gas in any such land or waters. The bill amends the Outer Continental Shelf Lands Act to prohibit the Department of the Interior from issuing a new lease, renewing, reinstating, or extending any nonproducing lease under such Act, or issuing any other authorization for the exploration, development, or production of oil, natural gas, or any other fossil fuel in the Arctic Ocean, the Atlantic Ocean, the Pacific Ocean, the Gulf of Mexico, or any other area of the outer Continental Shelf. Interior shall: (1) cancel any lease issued under such Act before the date of enactment of this Act in the Beaufort Sea, Cook Inlet, or Chukchi Sea; and (2) not conduct any lease sale, enter into any new lease, reoffer for lease any land covered by an expiring lease, or renew, reinstate, or extend any nonproducing lease in existence before such date for onshore fossil fuels, including coal, oil, tar sands, oil shale, and gas on land subject to the Mineral Leasing Act. Interior may exempt any provision of this Act if it determines that there is an imminent national security threat and that issuing an exemption would significantly reduce such threat, but only for as long as the threat persists. Interior may allow a nonproducing lease to be renewed or extended if: (1) the nonproducing lease contract was signed before enactment of this Act, and (2) Interior determines that giving effect to any provision of this Act is likely to lead to a court ruling that there was a material breach of the contract. Such a renewal or extension shall be for the shortest time practicable under the terms of the contract. | {"src": "billsum_train", "title": "Keep It in the Ground Act of 2015"} | 1,866 | 464 | 0.62526 | 2.047921 | 0.794306 | 6.961631 | 3.93765 | 0.980815 |
SECTION 1. LAMPREY RIVER, NEW HAMPSHIRE.
(a) In General.--Section 3(a) of the Wild and Scenic Rivers Act (16
U.S.C. 1274(a)) is amended by striking paragraph (158) and inserting
the following:
``(158) Lamprey river, new hampshire.--
``(A) Designation.--
``(i) In general.--The 23.5 mile segment
extending from the Bunker Pond Dam in Epping to
the confluence with the Piscassic River in the
vicinity of the Durham-Newmarket town line
(referred to in this paragraph as the
`segment') as a recreational river.
``(ii) Administration.--
``(I) Cooperative agreements.--The
segment shall be administered by the
Secretary of the Interior through
cooperative agreements under section
10(e) between the Secretary and the
State of New Hampshire (including the
towns of Epping, Lee, Durham, and
Newmarket, and other relevant political
subdivisions of that State).
``(II) Management plan.--
``(aa) In general.--The
segment shall be managed in
accordance with the Lamprey
River Management Plan, dated
January 10, 1995, and such
amendments to that plan as the
Secretary of the Interior
determines are consistent with
this Act.
``(bb) Requirement for
plan.--The plan described in
item (aa) shall be considered
to satisfy the requirements for
a comprehensive management plan
under section 3(d).
``(B) Management.--
``(i) Committee.--The Secretary of the
Interior shall coordinate the management
responsibility under this Act with respect to
the segment designated by subparagraph (A) with
the Lamprey River Advisory Committee
established under New Hampshire RSA 483.
``(ii) Land management.--
``(I) In general.--The zoning
ordinances duly adopted by the towns of
Epping, Lee, Durham, and Newmarket, New
Hampshire, including provisions for
conservation of shoreland, floodplains,
and wetland associated with the
segment, shall--
``(aa) be considered to
satisfy the standards and
requirements of section 6(c)
and the provisions of that
section that prohibit Federal
acquisition of lands by
condemnation; and
``(bb) apply to the segment
designated under subparagraph
(A).
``(II) Acquisition of land.--The
authority of the Secretary to acquire
land for the purposes of this paragraph
shall be--
``(aa) limited to
acquisition by donation or with
the consent of the owner of the
land; and
``(bb) subject to the
additional criteria set forth
in the Lamprey River Management
Plan.''.
(b) Conforming Amendment.--Section 405 of division I of the Omnibus
Parks and Public Lands Management Act of 1996 (16 U.S.C. 1274 note;
Public Law 104-333) is repealed. | Limits to acquisition by donation or with the owner's consent the Secretary's authority to acquire land under this Act. | {"src": "billsum_train", "title": "A bill to amend the Wild and Scenic Rivers Act to improve the administration of the Lamprey River in the State of New Hampshire."} | 678 | 26 | 0.440059 | 1.100102 | -0.139564 | 2.318182 | 26.5 | 0.863636 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive Comparative Study of
Vaccinated and Unvaccinated Populations Act of 2007''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Securing the health of the Nation's children is our
most important concern as parents and stewards of the Nation's
future.
(2) The Nation's vaccine program has greatly reduced human
suffering from infectious disease by preventing and reducing
the outbreak of vaccine-preventable diseases.
(3) Total health outcomes are the best measure of the
success of any public health effort, including security from
both chronic and infectious disease.
(4) Childhood immunizations are an important tool in the
pursuit of childhood health.
(5) The number of immunizations administered to infants,
pregnant women, children, teenagers, and adults has grown
dramatically over recent years.
(6) The incidence of chronic, unexplained diseases such as
autism, learning disabilities, and other neurological disorders
appears to have increased dramatically in recent years.
(7) Individual vaccines are tested for safety, but little
safety testing has been conducted for interaction effects of
multiple vaccines.
(8) The strategy of aggressive, early childhood
immunization against a large number of infectious diseases has
never been tested in its entirety against alternative
strategies, either for safety or for total health outcomes.
(9) Childhood immunizations are the only health
interventions that are required by States of all citizens in
order to participate in civic society.
(10) Public confidence in the management of public health
can only be maintained if these State government-mandated, mass
vaccination programs--
(A) are tested rigorously and in their entirety
against all reasonable safety concerns; and
(B) are verified in their entirety to produce
superior health outcomes.
(11) There are numerous United States populations in which
a practice of no vaccination is followed and which therefore
provide a natural comparison group for comparing total health
outcomes.
(12) No comparative study of such health outcomes has ever
been conducted.
(13) Given rising concern over the high rates of childhood
neurodevelopmental disorders such as autism, the need for such
studies is becoming urgent.
SEC. 3. STUDY ON HEALTH OUTCOMES IN VACCINATED AND UNVACCINATED
AMERICAN POPULATIONS.
(a) In General.--The Secretary of Health and Human Services (in
this Act referred to as the ``Secretary'') , acting through the
Director of the National Institutes of Health, shall conduct or support
a comprehensive study--
(1) to compare total health outcomes, including risk of
autism, in vaccinated populations in the United States with
such outcomes in unvaccinated populations in the United States;
and
(2) to determine whether vaccines or vaccine components
play a role in the development of autism spectrum or other
neurological conditions.
(b) Qualifications.--With respect to each investigator carrying out
the study under this section, the Secretary shall ensure that the
investigator--
(1) is objective;
(2) is qualified to carry out such study, as evidenced by
training experiences and demonstrated skill;
(3) is not currently employed by any Federal, State, or
local public health agency; and
(4) is not currently a member of a board, committee, or
other entity responsible for formulating immunization policy on
behalf of any Federal, State, or local public health agency or
any component thereof;
(5) has no history of a strong position on the thimerosal
controversy; and
(6) is not currently an employee of, or otherwise directly
or indirectly receiving funds from, a pharmaceutical company.
(c) Target Populations.--The Secretary shall seek to include in the
study under this section populations in the United States that have
traditionally remained unvaccinated for religious or other reasons,
such as Old Order Amish, members of clinical practices (such as the
Homefirst practice in Chicago) who choose alternative medical
practices, and practitioners of anthroposophic lifestyles.
(d) Timing.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall issue a request for
proposals to conduct the study required by this section. Not later than
120 days after receipt of any such proposal, the Secretary shall
approve or disapprove the proposal. If the Secretary disapproves the
proposal, the Secretary shall provide the applicant involved with a
written explanation of the reasons for the disapproval. | Comprehensive Comparative Study of Vaccinated and Unvaccinated Populations Act of 2007 - Requires the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health (NIH) , to conduct a comprehensive study to: (1) compare total health outcomes, including the risk of autism, between vaccinated and unvaccinated U.S. populations; and (2) determine whether vaccines or vaccine components play a role in the development of autism spectrum or other neurological conditions.
Requires the Secretary to seek to include in the study U.S. populations that have traditionally remained unvaccinated for religious or other reasons. | {"src": "billsum_train", "title": "To direct the Secretary of Health and Human Services to conduct or support a comprehensive study comparing total health outcomes, including risk of autism, in vaccinated populations in the United States with such outcomes in unvaccinated populations in the United States, and for other purposes."} | 954 | 143 | 0.524857 | 1.405 | 0.757572 | 4.693694 | 8.18018 | 0.945946 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Copper Theft Prevention Act of
2008''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) since 2006, metal theft, particularly the theft of
copper, has been on the rise, largely due to a surge in the
global demand for scrap metal;
(2) the price of copper has risen from $2 per pound in mid-
2006 to more than $4 per pound in early 2008;
(3) theft of copper is jeopardizing the critical
infrastructure of the United States through theft of the copper
in transportation, electrical, and telecommunications networks;
(4) from January 2006 through March 2007, 270 copper thefts
from electric utilities in 42 States were reported;
(5) many arrests of copper thieves show a growing
connection between the thefts and illegal drug activity,
particularly activity relating to methamphetamine;
(6) the 2008 Threat Assessment of the National Drug
Intelligence Center shows a growing threat of methamphetamine
use;
(7) law enforcement officials have testified that
legislation will help combat methamphetamine problems, as metal
theft has become a favored method of raising money to satisfy
methamphetamine addiction;
(8) copper thefts are increasing primarily because of the
lack of pressure on the scrap and salvage yards that pay for
copper and other precious metal without asking questions about
the source of the metal; and
(9) combating the problem of copper theft will require
improved communications between metal businesses and law
enforcement agencies.
(b) Purposes.--The purposes of this Act are--
(1) to protect consumers, businesses, critical
infrastructure, and State and local governments in the United
States from the problem of copper theft (including any related
adverse health and safety risks caused by copper theft); and
(2) to permit legitimate transactions to continue to take
place by establishing a system to document metal transactions
between sellers and buyers while addressing the growing problem
of copper theft that facilitates illegal drug use and other
crimes.
SEC. 3. DEFINITION OF SECONDARY COPPER RECYCLER.
In this Act, the term ``secondary copper recycler'' means any
person that is engaged, from a fixed location or otherwise, in the
business of paying compensation for copper that has served its original
economic purpose, regardless of whether the person is engaged in the
business of performing the manufacturing process by which copper is
converted into raw material products consisting of prepared grades and
having an existing or potential economic value.
SEC. 4. REQUIREMENTS ON COPPER RECYCLERS.
(a) Records.--
(1) In general.--A secondary copper recycler shall maintain
a legible record of all copper property purchase transactions
to which the secondary copper recycler is a party that
includes, for each transaction--
(A) the name and address of the secondary copper
recycler;
(B) the date of the transaction;
(C) the weight, quantity, or volume of copper
property purchased, including--
(i) the consideration paid by the secondary
copper recycler; and
(ii) a description of the type of copper
property purchased in the purchase transaction,
including a general physical description (such
as by describing the copper property as wire,
tubing, extrusions, or casting);
(D) the name and address of the person delivering
the copper property to the secondary copper recycler;
(E) the distinctive number from a Federal or State
government-issued identification with a photograph of
the person delivering the copper property to the
secondary copper recycler, and the type of the
identification; and
(F) the license tag number, State of issue, make,
and model, if available, of the vehicle used to deliver
the copper property to the secondary copper recycler.
(2) Repeat sellers.--In the case of a person that sells
copper property to the same secondary copper recycler more than
once, the secondary copper recycler may comply with this
subsection by--
(A) maintaining a record relating to the seller;
and
(B) including in the record for subsequent
transactions only the information relating to a seller
that has changed.
(3) Minimum period.--A secondary copper recycler shall
maintain or cause to be maintained the records required by this
subsection for not less than 1 year beginning on the date of
the purchase transaction.
(b) Prohibition Against Certain Cash Transactions.--
(1) In general.--A secondary copper recycler shall not
enter into any cash transaction in excess of $250 in payment
for the purchase of copper property.
(2) Requirements.--For any purchase of copper property in
excess of $250--
(A) a secondary copper recycler shall make payment
by check issued to the seller of the copper property;
and
(B) the check shall be payable to the name and
address of the seller or picked up in person by the
seller.
(c) Penalty.--
(1) Civil penalty.--A secondary copper recycler who
violates subsection (a) or (b) shall be liable to the United
States for a civil penalty in an amount not to exceed $10,000.
(2) No criminal liability.--Subject to section 5, a
violation of subsection (a) or (b)--
(A) shall not constitute a crime; and
(B) in the event of a judgment for the United
States and imposition of a civil penalty pursuant to
paragraph (1), shall not give rise to any disability or
legal disadvantage based on conviction for a criminal
offense.
SEC. 5. RULE OF CONSTRUCTION REGARDING STATE AND LOCAL GOVERNMENT
REQUIREMENTS.
Nothing in this Act prohibits a State or local government from
adopting any requirement in addition to the requirements under this Act
to govern the purchase of copper property by a secondary copper
recycler.
SEC. 6. PROTECTION OF PERSONAL INFORMATION.
(a) In General.--A secondary copper recycler or the agent,
employee, or representative of a secondary copper recycler shall not
disclose personal information concerning a customer obtained under this
Act without the consent of the customer unless the disclosure is made
in response to a request from a law enforcement agency.
(b) Safeguards.--A secondary copper recycler shall implement
reasonable safeguards--
(1) to protect the security of the personal information
required under section 4(a)(1); and
(2) to prevent unauthorized access to or disclosure of that
information. | Copper Theft Prevention Act of 2008 - Requires secondary copper recyclers (purchasers of copper that has served its original economic purpose) to keep records for at least one year of all purchases of copper property. Prohibits such recyclers from accepting cash in excess of $250 for the purchase of copper property. Imposes a civil penalty of up to $10,000 for violations of this Act. | {"src": "billsum_train", "title": "A bill to require certain metal recyclers to keep records of their transactions in order to deter individuals and enterprises engaged in theft and interstate fencing of stolen copper, and for other purposes."} | 1,402 | 88 | 0.467601 | 1.246648 | 0.319719 | 2.802817 | 18.450704 | 0.859155 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Credit Card Abuse Prevention Act of
2003''.
SEC. 2. MANAGEMENT OF PURCHASE CARDS.
(a) Required Safeguards and Internal Controls.--The head of each
executive agency that issues and uses purchase cards and convenience
checks shall establish and maintain safeguards and internal controls to
ensure the following:
(1) That there is a record in each executive agency of each
holder of a purchase card issued by the agency for official
use, annotated with the limitations on single transaction and
total credit amounts that are applicable to the use of each
such card by that purchase cardholder.
(2) That the holder of a purchase card and each official
with authority to authorize expenditures charged to the
purchase card are responsible for reconciling the charges
appearing on each statement of account for that purchase card
with receipts and other supporting documentation and forwarding
such reconciliation to the designated official who certifies
the bill for payment in a timely manner.
(3) That any disputed purchase card charge, and any
discrepancy between a receipt and other supporting
documentation and the purchase card statement of account, is
resolved in the manner prescribed in the applicable
Governmentwide purchase card contract entered into by the
Administrator of General Services.
(4) That payments on purchase card accounts are made
promptly within prescribed deadlines to avoid interest
penalties.
(5) That rebates and refunds based on prompt payment on
purchase card accounts are monitored for accuracy and properly
recorded as a receipt to the agency that pays the monthly bill.
(6) That records of each purchase card transaction
(including records on associated contracts, reports, accounts,
and invoices) are retained in accordance with standard
Government policies on the disposition of records.
(7) That periodic reviews are performed to determine
whether each purchase cardholder has a need for the purchase
card.
(8) That appropriate training is provided to each purchase
cardholder and each official with responsibility for overseeing
the use of purchase cards issued by an executive agency.
(9) That each executive agency has specific policies
regarding the number of purchase cards issued by various
organizations and categories of organizations, the credit
limits authorized for various categories of cardholders, and
categories of employees eligible to be issued purchase cards,
and that those policies are designed to minimize the financial
risk to the Federal Government of the issuance of the purchase
cards and to ensure the integrity of purchase cardholders.
(10) That the head of each executive agency evaluate the
creditworthiness of an individual before issuing the individual
a purchase card, and that no individual be issued a purchase
card if the individual is found not creditworthy as a result of
the evaluation. Notwithstanding any other provision of law,
such evaluation shall include an assessment of an individual's
consumer report from a consumer reporting agency as those terms
are defined in section 603 of the Fair Credit Reporting Act.
The obtaining of a consumer report under this subsection is
deemed to be a circumstance or purpose authorized or listed
under section 604 of the Fair Credit Reporting Act.
(11) That each executive agency invalidate the purchase
card of each employee who--
(A) ceases to be employed by the agency immediately
upon termination of the employment of the employee; or
(B) transfers to another unit of the agency
immediately upon the transfer of the employee.
(b) Management of Purchase Cards.--The head of each executive
agency shall prescribe regulations implementing the safeguards and
internal controls in subsection (a). Those regulations shall be
consistent with regulations that apply Governmentwide regarding the use
of purchase cards by Government personnel for official purposes.
(c) Penalties for Violations.--The regulations prescribed under
subsection (a) shall provide for appropriate adverse personnel actions
or other punishment to be imposed in cases in which employees of an
executive agency violate such regulations or are negligent or engage in
misuse, abuse, or fraud with respect to a purchase card, including
removal in appropriate cases.
(d) The Inspector General of each executive agency shall--
(1) periodically conduct risk assessments of the agency
purchase card program and associated internal controls and
analyze identified weaknesses and the frequency of improper
activity in order to develop a plan for using such risk
assessments to determine the scope, frequency, and number of
periodic audits of purchase cardholders;
(2) perform periodic audits of purchase cardholders
designed to identify--
(A) potentially fraudulent, improper, and abusive
uses of purchase cards;
(B) any patterns of improper cardholder
transactions, such as purchases of prohibited items;
and
(C) categories of purchases that should be made by
means other than purchase cards in order to better
aggregate purchases and obtain lower prices;
(3) report to the head of the executive agency concerned on
the results of such audits; and
(4) report to the Director of the Office of Management and
Budget and the Comptroller General on the implementation of
recommendations made to the head of the executive agency to
address findings during audits of purchase cardholders.
(e) Definition of Executive Agency.--For the purpose of this
section the term ``executive agency'' has the meaning provided in
section 4(1) of the Office of Federal Procurement Policy Act (41 U.S.C.
403(1)).
(f) Relationship to Department of Defense Purchase Card
Regulations.--
(1) The requirements under this section shall not apply to
the Department of Defense.
(2) Section 2784(b) of title 10, United States Code, is
amended--
(A) in paragraph (8), by striking ``periodic
audits'' and inserting ``risk assessments of the agency
purchase card program and associated internal controls
and analyze identified weaknesses and the frequency of
improper activity in order to develop a plan for using
such risk assessments to determine the scope,
frequency, and number of periodic audits of purchase
cardholders.''; and
(B) by adding at the end the following new
paragraphs:
``(11) That the Secretary of Defense shall evaluate the
creditworthiness of an individual before issuing the individual
a purchase card, and that no individual be issued a purchase
card if the individual is not found creditworthy as a result of
the evaluation. Notwithstanding any other provision of law,
such evaluation shall include an assessment of an individual's
consumer report from a consumer reporting agency as those terms
are defined in section 603 of the Fair Credit Reporting Act.
The obtaining of a consumer report under this subsection is
deemed to be a circumstance or purpose authorized or listed
under section 604 of the Fair Credit Reporting Act.
``(12) That the Secretary of Defense invalidate the
purchase card of each employee who ceases to be employed by the
department immediately upon termination of the employment of
the employee or transfers to another agency or subunit within
the department immediately upon transfer.''.
SEC. 3. MANAGEMENT OF TRAVEL CARDS.
Section 2 of the Travel and Transportation Reform Act of 1998
(Public Law 105-264; 5 U.S.C. 5701 note) is amended by adding at the
end the following new subsection:
``(h) Management of Travel Charge Cards.--
``(1) Required safeguards and internal controls.--The head
of each executive agency that has employees that use travel
charge cards shall establish and maintain safeguards and
internal controls over travel charge cards to ensure the
following:
``(A) That there is a record in each executive
agency of each holder of a travel charge card issued by
the agency for official use, annotated with the
limitations on amounts that are applicable to the use
of each such card by that travel charge cardholder.
``(B) That rebates and refunds based on prompt
payment on travel charge card accounts are properly
recorded as a receipt of the agency that employs the
cardholder.
``(C) That periodic reviews are performed to
determine whether each travel charge cardholder has a
need for the travel charge card.
``(D) That appropriate training is provided to each
travel charge cardholder and each official with
responsibility for overseeing the use of travel charge
cards issued by an executive agency.
``(E) That each executive agency has specific
policies regarding the number of travel charge cards
issued by various organizations and categories of
organizations, the credit limits authorized for various
categories of cardholders, and categories of employees
eligible to be issued travel charge cards, and that
those policies are designed to minimize the financial
risk to the Federal Government of the issuance of the
travel charge cards and to ensure the integrity of
travel charge cardholders.
``(F) That the head of each executive agency
evaluates the creditworthiness of an individual before
issuing the individual a travel charge card, and that
no individual be issued a travel charge card if the
individual is found not creditworthy as a result of the
evaluation (except that this paragraph shall not
preclude issuance of a restricted use travel charge
card when the individual lacks a credit history).
Notwithstanding any other provision of law, such
evaluation shall include an assessment of an
individual's consumer report from a consumer reporting
agency as those terms are defined in section 603 of the
Fair Credit Reporting Act. The obtaining of a consumer
report under this subsection is deemed to be a
circumstance or purpose authorized or listed under
section 604 of the Fair Credit Reporting Act.
``(G) That each executive agency ensures that the
travel charge card of each employee who ceases to be
employed by the agency is invalidated immediately upon
termination of the employment of the employee.
``(2) Regulations.--The Administrator of General Services
shall prescribe regulations governing the implementation of the
safeguards and internal controls in paragraph (1) by executive
agencies.
``(3) Penalties for violations.--The regulations prescribed
under paragraph (2) shall provide for appropriate adverse
personnel actions or other punishment to be imposed in cases in
which employees of an executive agency violate such regulations
or are negligent or engage in misuse, abuse, or fraud with
respect to a travel charge card, including removal in
appropriate cases.
``(4) The Inspector General of each executive agency
shall--
``(A) periodically conduct risk assessments of the
agency travel card program and associated internal
controls and analyze identified weaknesses and the
frequency of improper activity in order to develop a
plan for using such risk assessments to determine the
scope, frequency, and number of periodic audits of
purchase cardholders;
``(B) perform periodic audits of travel cardholders
designed to identify potentially fraudulent, improper,
and abusive uses of travel cards;
``(C) report to the head of the executive agency
concerned on the results of such audits; and
``(D) report to the Director of the Office of
Management and Budget and the Comptroller General on
the implementation of recommendations made to the head
of the executive agency to address findings during
audits of travel cardholders.
``(5) Definitions.--For purposes of this subsection:
``(A) The term `executive agency' means an agency
as that term is defined in section 5701 of title 5,
United States Code, except that it is in the executive
branch.
``(B) The term `travel charge card' means the
Federal contractor-issued travel charge card that is
individually billed to each cardholder.''.
SEC. 4. REGULATIONS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act--
(1) the head of each executive agency shall promulgate
regulations to implement the requirements of section 2; and
(2) the Administrator of General Services shall promulgate
regulations required pursuant to the amendments made by section
3.
(b) Best Practices.--Regulations promulgated under this section
shall reflect best practices for conducting purchase card and travel
card programs. | Credit Card Abuse Prevention Act of 2003 - Directs the head of each executive agency that issues and uses purchase cards and convenience checks to establish and maintain specified safeguards and internal controls.
Requires the Inspector General of each executive agency to: (1) periodically conduct risk assessments of the agency's purchase card program and associated internal controls and analyze identified weaknesses and the frequency of improper activity; (2) perform periodic audits of purchase cardholders; (3) report to the agency head on the results of such audits; and (4) report to the Director of the Office of Management and Budget (OMB) and the Comptroller General on implementation of recommendations made to the agency head to address findings during audits.
Prohibits applying all such requirements above to the Department of Defense (DOD). Amends Federal law provisions relating to management of purchase cards issued to DOD personnel to require the Inspector General of DOD, Inspector General of the Army, Naval Inspector General, and Inspector General of the Air Force to perform risk assessments of DOD's purchase card program and associated internal controls and analyze identified weaknesses and the frequency of improper activity in order to develop a plan for using such risk assessments to determine the scope, frequency, and number of periodic audits of purchase cardholders.
Amends the Travel and Transportation Reform Act of 1998 to direct each executive agency head that has employees that use travel charge cards to establish and maintain specified safeguards and internal controls. Requires the Inspector General of each executive agency to: (1) periodically conduct risk assessments of the agency's travel card program and associated internal controls and analyze identified weaknesses and the frequency of improper activity; (2) perform periodic audits of travel cardholders; (3) report to the agency head the results of such audits; and (4) report to the OMB Director and the Comptroller General on implementation of recommendations made to the agency head to address findings during audits. | {"src": "billsum_train", "title": "A bill to prevent abuse of Government credit cards."} | 2,482 | 398 | 0.648813 | 2.314695 | 0.804902 | 5.585831 | 6.651226 | 0.93188 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Swain County Settlement Act of
2004''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds that--
(1) an agreement dated July 30, 1943, between the Secretary
of the Interior, the State of North Carolina, the Tennessee
Valley Authority, and Swain County, North Carolina, provided
that the Department of the Interior would construct a road
along the north shore of the Fontana Reservoir to replace a
road flooded by the construction of Fontana Dam and the filling
of the Reservoir;
(2) as of the date of enactment of this Act, the road has
not been completed;
(3) a 1962 National Park Service study of the proposed road
found that the construction of the road would result in severe
``damage to the landscape and natural park values'';
(4) there are additional environmental concerns relating to
the road construction, including concerns relating to the
exposure of Anakeesta rock that produces acids and metals that
leach into streams and kill aquatic life;
(5) the proposed road would cut through the Great Smoky
Mountains National Park, the most visited park in the National
Park system;
(6) in 2000, the National Park Service estimated that the
cost of building the proposed road would be $150,000,000,
excluding planning, design, and environmental compliance costs;
(7) as of June 2004, the public review process conducted by
the National Park Service found that 88 percent of respondents
favored a cash settlement over constructing the road; and
(8) on February 11, 2003, the Swain County Board of
Commissioners passed a resolution supporting a settlement as a
substitute for the construction of the road.
(b) Purpose.--The purpose of this Act is to settle and quiet all
claims arising out of the agreement referred to in subsection (a)(1).
SEC. 3. DEFINITIONS.
In this Act:
(1) Agreement.--The term ``agreement'' means the agreement
of July 30, 1943, between the Secretary, the State, the
Tennessee Valley Authority, and the County relating to the
replacement of a road in the County flooded by the construction
of Fontana Dam and the filling of Fontana Reservoir.
(2) County.--The term ``County'' means Swain County, North
Carolina.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
(4) State.--The term ``State'' means the State of North
Carolina.
SEC. 4. SETTLEMENT OF CLAIMS.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the Secretary shall offer to compensate the County for the
road not being built in an amount determined by the parties to the
agreement, taking into consideration the estimated cost of the proposed
road.
(b) Payment.--Not later than 60 days after the date on which the
County accepts the offer under subsection (a), the Secretary shall,
using amounts made available under section 5, pay to the County the
amount of compensation determined under subsection (a).
(c) Deposit.--Amounts paid to the County under subsection (b) shall
be deposited in an account in accordance with any rules and regulations
established by the North Carolina Local Government Commission.
(d) Use.--
(1) Principal.--The principal of amounts deposited under
subsection (c) shall be expended by the County only as
authorized under a resolution approved by \2/3\ of the
registered voters of the County.
(2) Interest.--Any interest accrued on amounts deposited
under subsection (c) shall be expended only for purposes
approved by a majority vote of the governing body of the
County.
(3) Limitation.--No amounts made available under this Act
shall be used to make payments to an agent or attorney for
services rendered with respect to the claims settled by this
Act.
(e) Satisfaction of Claims.--Acceptance by the County of the
payment by the Secretary under subsection (b) constitutes full
settlement of the claims of the County (including any person or entity
making a claim by, through, or under the County) against the United
States, the Department of the Interior, and the Tennessee Valley
Authority under the agreement.
SEC. 5. FUNDING.
(a) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this Act.
(b) Transfer of Funds.--There is transferred to the Secretary to
carry out this Act any unobligated balance of the $16,000,000
originally made available for the construction of and improvements to
North Shore Road in the County under section 378 of the Department of
Transportation and Related Agencies Appropriation Act, 2001 (114 Stat.
1356A-40). | Swain County Settlement Act of 2004 - Requires the Secretary of the Treasury to: (1) offer to compensate Swain County, North Carolina, for a road along the north shore of the Fontana Resevoir not being built in an amount determined by the parties to a specified agreement dated July 30, 1943, taking into consideration the estimated cost of the proposed road; and (2) pay to the County the amount of compensation determined.
Declares that acceptance by the County of such payment by the Secretary constitutes full settlement of the claims of the County against the United States, the Department of the Interior, and the Tennessee Valley Authority (TVA) under the agreement. | {"src": "billsum_train", "title": "A bill to provide for the settlement of the claims of Swain County, North Carolina, against the United States under the agreement dated July 30, 1943."} | 1,057 | 140 | 0.63391 | 2.161623 | 0.614171 | 5.648438 | 7.570313 | 0.945313 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``DoD Laboratory Authorities for
Breakthrough Scientific Research Act'' or the ``DoD LABS Research
Act''.
SEC. 2. TRAVEL TO TECHNICAL SYMPOSIUM OR TECHNICAL CONFERENCE.
The Secretary of Defense may not prohibit an employee of a defense
laboratory from traveling to a technical symposium or technical
conference if the head of the defense laboratory--
(1) determines that there are sufficient amounts available
to the defense laboratory for such travel; and
(2) approves of such travel using the standard procedures
for approving travel.
SEC. 3. INCLUSION OF QUALIFIED STUDENTS IN THE TEMPORARY AUTHORITIES
FOR CERTAIN POSITIONS AT DEPARTMENT OF DEFENSE RESEARCH
AND ENGINEERING FACILITIES.
Section 1107(a)(1) of the National Defense Authorization Act for
Fiscal Year 2014 (Public Law 113-66; 127 Stat. 887; 10 U.S.C. 2358
note) is amended to read as follows:
``(1) Candidates for scientific and engineering positions
at science and technology reinvention laboratories.--
``(A) The director of any Science and Technology
Reinvention Laboratory (hereinafter in this section
referred to as an `STRL') may appoint qualified
candidates to positions described in paragraph (1) of
subsection (b) as an employee in a laboratory described
in that paragraph without regard to the provisions of
subchapter I of chapter 33 of title 5, United States
Code (other than section 3303 and 3328 of such title).
``(B) Notwithstanding the provisions of chapter 51
of title 5, United States Code, for purposes of this
subsection, the term `qualified candidate' means an
individual who--
``(i) has earned a bachelor's degree; or
``(ii) is a student enrolled in a program
of undergraduate or graduate instruction
leading to a bachelor's or master's degree in a
scientific, technical, engineering,
mathematical, or medical course of study at an
institution of higher education (as defined in
section 101(a) of the Higher Education Act of
1965 (20 U.S.C. 1001)).''.
SEC. 4. ASSESSMENT OF CERTAIN DEPARTMENT OF DEFENSE HIRING PRACTICES.
(a) Assessment Report.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the implementation and use by the
Department of Defense of the following hiring authorities:
(1) Section 1101 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 5
U.S.C. 3104 note).
(2) Section 1107 of the National Defense Authorization Act
for Fiscal Year 2014 (Public Law 113-66; 127 Stat. 887; 10
U.S.C. 2358 note).
(3) Section 9903 of title 5, United States Code (relating
to highly qualified experts).
(4) The Intergovernmental Personnel Act (5 U.S.C. 3371 et
seq.).
(b) Contents.--The report required under subsection (a) shall
contain--
(1) a description, including quantitative data, of the
implementation and use by each service and Defense Agency
within the Department of Defense of each authority in
subsection (a), including issues encountered, successes, and
lessons learned; and
(2) recommendations with respect to--
(A) improvements for such authorities;
(B) tailoring the number of positions or
eliminating any limitation on the numbers of positions
provided in such authorities (if applicable);
(C) how such authorities can be used or improved to
best suit the needs of each Department of Defense
laboratory; and
(D) the continuance of the hiring authority
provided under section 1107 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-
66; 127 Stat. 887; 10 U.S.C. 2358 note) beyond the
sunset date provided in subsection (e) of such section.
SEC. 5. PERMANENT AUTHORITY FOR EXPERIMENTAL PERSONNEL PROGRAM FOR
SCIENTIFIC AND TECHNICAL PERSONNEL.
(a) In General.--Section 1101 of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261) is
amended by striking subsections (e) and (f).
(b) Technical and Conforming Amendments.--Such section is further
amended--
(1) in the section heading, by striking ``experimental'';
(2) in subsection (a)--
(A) by striking ``During the program period
specified in subsection (e)(1), the'' and inserting
``The''; and
(B) by striking ``experimental'';
(3) in subsection (d)(1)--
(A) in the matter preceding subparagraph (A), by
striking ``12-month period'' and inserting ``calendar
year''; and
(B) in subparagraph (A), striking ``fiscal year''
and inserting ``calendar year'';
(4) by redesignating subsection (g) as subsection (e); and
(5) in subsection (e) (as redesignated by paragraph (4)),
by striking ``in which the authority under this section is in
effect''. | DoD Laboratory Authorities for Breakthrough Scientific Research Act or the DoD LABS Research Act - Prohibits the Secretary of Defense (DOD) from disallowing an employee of a defense laboratory from traveling to a technical symposium or conference if the head of such laboratory determines that there is a sufficient amount available to the laboratory for such travel and approves such travel using standard travel approval procedures. Amends the National Defense Authorization Act for Fiscal Year 2014 to allow the director of any DOD science and technology laboratory to appoint as an employee, through 2019, any student enrolled in a program of undergraduate or graduate instruction leading to a bachelor's or master's degree in a scientific, technical, engineering, mathematical, or medical course of study. (Under current law, such a director may only appoint through such period a candidate already possessing a bachelor's degree or a qualified veteran.) Directs the Secretary to report to the congressional defense committees on the implementation and use by DOD of specified hiring authorities provided under federal law, prior defense authorization Acts, and the Intergovernmental Personnel Act. Amends the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 to reinstate and make permanent a DOD personnel program for the hiring of scientific and technical personnel. | {"src": "billsum_train", "title": "DoD LABS Research Act"} | 1,225 | 281 | 0.653451 | 2.035482 | 0.918002 | 3.46087 | 4.647826 | 0.904348 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jacob Wetterling Crimes Against
Children Registration Act''.
SEC. 2. ESTABLISHMENT OF PROGRAM.
(a) In General.--
(1) State guidelines.--The Attorney General shall establish
guidelines for State programs requiring any person who is
convicted of a criminal offense against a victim who is a minor
to register a current address with a designated State law
enforcement agency for ten years after release from prison,
being placed on parole, or being placed on supervised release.
(2) Definition.--For purposes of this subsection, the term
``criminal offense against a victim who is a minor'' includes--
(A) kidnapping of a minor, except by a noncustodial
parent;
(B) false imprisonment of a minor, except by a
noncustodial parent;
(C) criminal sexual conduct toward a minor;
(D) solicitation of minors to engage in sexual
conduct;
(E) use of minors in a sexual performance; or
(F) solicitation of minors to practice
prostitution.
(b) Registration Requirement Upon Release, Parole, or Supervised
Release.--An approved State registration program established by this
section shall contain the following requirements:
(1) Notification.--If a person who is required to register
under this section is released from prison, paroled, or placed
on supervised release, a State prison officer shall--
(A) inform the person of the duty to register;
(B) inform the person that if the person changes
residence address, the person shall give the new
address to a designated State law enforcement agency in
writing within ten days;
(C) obtain a fingerprint card and photograph of the
person if these have not already been obtained in
connection with the offense that triggers registration;
and
(D) require the person to read and sign a form
stating that the duty of the person to register under
this section has been explained.
(2) Transfer of information to state and the ncic.--The
officer shall, within three days after receipt of information
under paragraph (1), forward it to a designated State law
enforcement agency. The State law enforcement agency shall
immediately enter the information into the State law
enforcement system and National Crime Information Center
computer networks and notify the appropriate law enforcement
agency having jurisdiction where the person expects to reside.
(3) Annual verification.--On each anniversary of a person's
initial registration date during the period in which the person
is required to register under this section, the designated
State law enforcement agency shall mail a nonforwardable
verification form to the last reported address of the person.
The person shall mail the verification form to the officer
within ten days after receipt of the form. The verification
form shall be signed by the person, and state that the person
still resides at the address last reported to the designated
State law enforcement agency. If the person fails to mail the
verification form to the designated State law enforcement
agency within ten days after receipt of the form, the person
shall be in violation of this section unless the person proves
that the person has not changed his or her residence address.
(4) Notification of local law enforcement agencies of
changes in address.--Any change of address by a person required
to register under this section reported to the designated State
law enforcement agency shall immediately be reported to the
appropriate law enforcement agency having jurisdiction where
the person is residing.
(c) Registration for Ten Years.--A person required to register
under this section shall continue to comply with this section until ten
years have elapsed since the person was released from imprisonment,
parole, or supervised release.
(d) Penalty.--A person required to register under this section who
violates any requirement of a State program established by this section
shall be subject to criminal penalties in such State. It is the sense
of Congress that such penalties should include at least six months
imprisonment.
(e) Private Data.--The information provided under this section is
private data on individuals and may be used for law enforcement
purposes, including confidential background checks by child care
services providers.
SEC. 3. STATE COMPLIANCE.
(a) Compliance Date.--Each State shall have three years from the
date of the enactment of this Act in which to implement the provisions
of this Act.
(b) Ineligibility for Funds.--The allocation of funds under section
506 of title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3756) received by a State not complying with the
provisions of this section three years after the date of enactment of
this Act shall be reduced by 25 percent and the unallocated funds shall
be reallocated to the States in compliance with this section. | Jacob Wetterling Crimes Against Children Registration Act - Directs the Attorney General to establish guidelines for State programs requiring persons convicted of a criminal offense against a minor to register a current address with a designated State law enforcement agency for ten years after release from prison, parole, or being placed on supervised release.
Sets forth requirements for an approved State registration program, including fingerprint cards and entry of information into the State law enforcement system and National Crime Information Center computer networks.
Provides that the information provided under this Act is private and may be used for law enforcement purposes, including confidential background checks by child care service providers.
Specifies that the allocation of Bureau of Justice Assistance grant funds under the Omnibus Crime Control and Safe Streets Act of 1968 received by a State not complying with the provisions of this Act within three years shall be reduced by 25 percent. Requires such unallocated funds to be reallocated to the States in compliance with this Act. | {"src": "billsum_train", "title": "Jacob Wetterling Crimes Against Children Registration Act"} | 1,046 | 207 | 0.57217 | 1.625536 | 1.010272 | 5.237569 | 5.303867 | 0.906077 |
SECTION 1. FAILURE TO REPATRIATE EXCEPTION TO IMMUNITY.
(a) Standing in Federal Courts.--
(1) In general.--Chapter 97 of title 28, United States
Code, is amended by inserting after section 1605A the
following:
``Sec. 1605B. Failure to repatriate exception to the jurisdictional
immunity of a foreign state
``(a) No Immunity.--A foreign state shall not be immune from the
jurisdiction of courts of the United States in any case not otherwise
covered by this chapter--
``(1) which is brought against a foreign state that denies
or unreasonably delays the repatriation of an alien who--
``(A) is a citizen, subject, national, or resident
of such country;
``(B) has received a final order of removal under
chapter 4 of title II of the Immigration and
Nationality Act (8 U.S.C. 1221 et seq.); and
``(C) commits and is convicted of a crime of
violence in the United States after the issuance of
such final order; and
``(2) in which money damages for personal injury or death
caused by the crime of violence referred to in paragraph (1)(C)
are sought by the victim of such crime, by the legal
representative of such victim, or by the United States on
behalf of such victim.
``(b) Private Right of Action.--A foreign state that denies or
unreasonably delays the repatriation of an alien described under
subsection (a)(1), and any official, employee, or agent of that foreign
state, who is responsible for such denial or delay, while acting within
the scope of his or her office, employment, or agency, shall be liable
to the victim of the crime of violence described under subsection
(a)(1)(C), to the legal representative of such victim, or to the United
States on behalf of such victim, for money damages for personal injury
or death caused by such crime, committed by such alien, for which the
courts of the United States may maintain jurisdiction under this
section.
``(c) Money Damages.--If the United States proceeds with an action
under this subsection and the court awards money damages, such money
damages shall be awarded to the victim of the crime of violence
described under subsection (a)(1)(C).
``(d) Attorney Fees.--In the case of any prevailing plaintiff,
other than the United States, under subsection (b), the court may award
to the prevailing plaintiff the costs of the action and reasonable
attorney fees.
``(e) Limitations.--An action may be brought or maintained under
this section if the action is commenced--
``(1) not later than 5 years after the date on which the
crime of violence that is the basis for the action was
committed if the crime of violence is not punishable by death;
and
``(2) at any time without limitation if the crime of
violence that is the basis for the action is punishable by
death.
``(f) Definitions.--In this section:
``(1) Crime of violence.--The term `crime of violence'
means--
``(A) murder, rape, or the sexual abuse of a minor;
``(B) an offense that has as an element the use,
attempted use, or threatened use of physical force
against another person; or
``(C) any other offense that is a felony and that,
by its nature, involves a substantial risk that
physical force against another person may be used in
the course of committing the offense.
``(2) Denies or unreasonably delays.--
``(A) In general.--Except as provided under
subparagraph (B), a country `denies or unreasonably
delays' the acceptance of an alien who is a citizen,
subject, national, or resident of the country if the
country does not accept the alien within the removal
period.
``(B) Alien that may not be removed.--For purposes
of subparagraph (A), a country does not deny or
unreasonably delay the acceptance of an alien who is a
citizen, subject, national, or resident of the country
if such alien may not be removed pursuant to section
241 of the Immigration and Nationality Act (8 U.S.C.
1231).
``(3) Removal period.--The term `removal period' has the
meaning given such term in section 241(a)(1) of the Immigration
and Nationality Act (8 U.S.C. 1231(a)(1)).''.
(2) Amendment to chapter analysis.--The table of sections
at the beginning of chapter 97 of title 28, United States Code,
is amended by inserting after the item relating to section
1605A the following:
``1605B. Failure to repatriate exception to jurisdictional immunity of
a foreign state.''.
(b) Conforming Amendment.--Section 1607(a) of title 28, United
States Code, is amended by striking ``or 1605A'' and inserting``,
1605A, or 1605B''.
SEC. 2. PROHIBITION ON FOREIGN ASSISTANCE TO A COUNTRY THAT DENIES OR
UNREASONABLY DELAYS THE REPATRIATION OF A NATIONAL WHO
HAS BEEN ORDERED REMOVED FROM THE UNITED STATES.
Chapter 1 of part I of the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.) is amended by adding at the end the following:
``SEC. 137. PROHIBITION ON ASSISTANCE TO A COUNTRY THAT DENIES OR
UNREASONABLY DELAYS THE REPATRIATION OF A NATIONAL WHO
HAS BEEN ORDERED REMOVED FROM THE UNITED STATES.
``(a) In General.--Except as otherwise provided under this section,
no assistance may be provided under this Act to a foreign country that
denies or unreasonably delays the acceptance of an alien who--
``(1) is physically present in the United States;
``(2) is a citizen, subject, national, or resident of such
country; and
``(3) has received a final order of removal under chapter 4
of title II of the Immigration and Nationality Act (8 U.S.C.
1221 et seq.).
``(b) Quarterly Reports.--Except as otherwise provided under this
section, not later than 90 days after the date of enactment of this
section, and every 3 months thereafter, the Secretary of Homeland
Security shall submit a report to the Congress that--
``(1) lists all the countries that deny or unreasonably
delay the acceptance of an alien described under subsection
(a); and
``(2) includes the total number of aliens described under
subsection (a), organized by--
``(A) name;
``(B) country;
``(C) detention status; and
``(D) criminal status.
``(c) Compliance With Repatriation.--If the Secretary of Homeland
Security determines that a country listed in the quarterly report under
subsection (b) has accepted each alien listed with respect to that
country under subsection (b)(2), the country shall be removed from the
list in the next quarterly report submitted under subsection (b) and
shall not be subject to the sanctions described under subsection (a) or
under section 241(b)(4) of the Immigration and Nationality Act (8
U.S.C. 1231(b)(4)), unless subsection (b) of this section applies to
such country with respect to another alien.
``(d) Emergency and Humanitarian Exceptions.--The prohibition under
subsection (a) shall not apply if the President determines and
certifies to the Congress that there is an emergency circumstance or a
humanitarian reason to provide assistance otherwise subject to the
prohibition. The authority of the President to make determinations
under this subsection may not be delegated.
``(e) Definitions.--In this section:
``(1) Denies or unreasonably delays.--
``(A) In general.--Except as provided under
subparagraph (B), a country `denies or unreasonably
delays' the acceptance of an alien who is a citizen,
subject, national, or resident of the country if the
country does not accept the alien within the removal
period.
``(B) Alien that may not be removed.--For purposes
of subparagraph (A), a country does not deny or
unreasonably delay the acceptance of an alien who is a
citizen, subject, national, or resident of the country
if such alien may not be removed pursuant to section
241 of the Immigration and Nationality Act (8 U.S.C.
1231).
``(2) Removal period.--The term `removal period' has the
meaning given such term in section 241(a)(1) of the Immigration
and Nationality Act (8 U.S.C. 1231(a)(1)).''.
SEC. 3. DISCONTINUING GRANTING VISAS TO NATIONALS OF COUNTRY DENYING OR
DELAYING ACCEPTING ALIENS.
(a) Amendment.--Section 243 of the Immigration and Nationality Act
(8 U.S.C. 1253) is amended by striking subsection (d).
(b) Discontinuing Granting Visas to Nationals of Country Denying or
Delaying Accepting Alien.--Section 241(b) of the Immigration and
Nationality Act (8 U.S.C. 1231(b)) is amended by adding at the end the
following:
``(4) Discontinuing granting visas and denying admission to
nationals of country denying or delaying accepting aliens.--
``(A) Discontinuing granting visas.--Except as
provided under subparagraph (C), if a country is listed
in the most recent quarterly report submitted by the
Secretary of Homeland Security to Congress under
section 137(b) of the Foreign Assistance Act of 1961,
the Secretary of State may not issue a visa to a
citizen, subject, national, or resident of such country
until--
``(i) the Secretary of Homeland Security
notifies the Secretary of State that the
country is not subject to the sanction under
section 137(a) of that Act; or
``(ii) each alien listed in the report with
respect to such country has otherwise been
removed from the United States.
``(B) Denying admission to nationals and foreign
government officials.--Except as provided under
subparagraph (C), if a country is listed in the most
recent quarterly report submitted by the Secretary of
Homeland Security to Congress under section 137(b) of
the Foreign Assistance Act of 1961, the Secretary of
Homeland Security, in consultation with the Secretary
of State--
``(i) shall deny admission to any citizen,
subject, national, or resident of that country
who has received any immigrant or nonimmigrant
visa; and
``(ii) shall deny admission to any citizen,
subject, national, or resident of that country
who has received a nonimmigrant visa pursuant
to subparagraph (A) or (G) of section
101(a)(15).
``(C) Exception.--Subparagraphs (A) and (B) do not
apply if the Secretary of State determines that the
life or freedom of the visa applicant or individual
seeking admission would be threatened in the country
listed under section 137(b) of the Foreign Assistance
Act of 1961.
``(D) Effect of unauthorized issuance.--Any visa
issued in violation of this paragraph shall be null and
void.''.
SEC. 4. NOTICE TO STATE AND LOCAL LAW ENFORCEMENT.
(a) Notice.--
(1) In general.--As soon as practicable, the Secretary of
Homeland Security shall notify the chief law enforcement
officer of the State and of the local jurisdiction in which any
alien described in paragraph (2) has been detained by the
United States is released.
(2) Alien described.--An alien is described in this
paragraph if the alien--
(A) is listed in the most recent quarterly report
submitted by the Secretary of Homeland Security to
Congress under section 137(b) of the Foreign Assistance
Act of 1961; or
(B) has received a final order of removal under
chapter 4 of title II of the Immigration and
Nationality Act (8 U.S.C. 1221 et seq.) and has not
been removed from the United States.
(b) Information Contained in Notice.--The notice under subsection
(a) shall include the following information, if available, about each
alien:
(1) Name.
(2) Location where the alien is released.
(3) Date of release.
(4) Country of nationality.
(5) Detention status.
(6) Criminal history, including probation and parole
information. | Denies immunity from the jurisdiction of U.S. courts to a foreign country in any case: (1) brought against a foreign country that denied or unreasonably delayed the repatriation of an alien who is a citizen, subject, national, or resident of such country and who, while under a final order of removal from the United States, committed and was convicted of a crime of violence in the United States; and (2) in which money damages for personal injury or death are sought by or on behalf of the crime victim.
Establishes a private right of action for victims against a country and against any official, employee, or agent of such country responsible for the denial or delay of repatriation.
Permits an action to be brought or maintained: (1) if begun not later than five years after the date of a crime's commission; and (2) at any time if the crime is punishable by death.
Amends the Foreign Assistance Act of 1961 to: (1) prohibit, with an emergency and humanitarian exemption, assistance to a country that denies or unreasonably delays the repatriation of a citizen, subject, national, or resident who has been ordered removed from the United States; and (2) direct the Secretary of Homeland Security (DHS) to report quarterly to Congress regarding such countries and aliens.
Amends the the Immigration and Nationality Act to: (1) prohibit issuance of visas to citizens, subjects, nationals, or residents of a country listed in the most recent quarterly report until the Secretary notifies the Secretary of State that the country is not subject to such assistance sanction, or each alien listed in the report with respect to such country has been removed from the United States; and (2) deny entrance to visa holders who are citizens, subjects, nationals, residents, or government officials of such a country.
Directs the Secretary to notify the chief law enforcement officer of the state and of the local jurisdiction in which an alien who has been detained by the United States is released. Defines "alien" as an individual who: (1) is listed in the most recent quarterly report; or (2) has received a final order of removal and has not been removed from the United States. | {"src": "billsum_train", "title": "To create a cause of action and allow standing in Federal courts against a country that denies or unreasonably delays the repatriation of a national ordered removed from the United States to such country who later commits a crime of violence in the United States, to withhold foreign assistance from each country that denies or unreasonably delays the repatriation of nationals of such country who have been ordered removed from the United States, to prohibit the issuance of visas to nationals of such country, and for other purposes."} | 2,875 | 470 | 0.68574 | 2.269484 | 0.798672 | 4.04388 | 5.7806 | 0.921478 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Disaster Tax Act of 2011''.
SEC. 2. LOSSES ATTRIBUTABLE TO FEDERALLY DECLARED DISASTERS.
(a) Waiver of Adjusted Gross Income Limitation; Increase in
Standard Deduction by Disaster Casualty Loss.--
(1) In general.--Subclause (I) of section 165(h)(3)(B)(i)
of the Internal Revenue Code of 1986 is amended by striking
``before January 1, 2010'' and inserting ``after December 31,
2010''.
(2) Effective date.--The amendment made by this subsection
shall apply to disasters declared in taxable years beginning
after December 31, 2010.
(b) Increase in Limitation on Individual Loss Per Casualty.--
(1) In general.--Paragraph (1) of section 165(h) of the
Internal Revenue Code of 1986 is amended by striking ``($100
for taxable years beginning after December 31, 2009)''.
(2) Effective date.--The amendment made by this subsection
shall apply to taxable years beginning after December 31, 2010.
(c) Technical Amendment.--Clause (i) of section 165(h)(3)(C) of the
Internal Revenue Code of 1986 is amended by inserting ``major'' after
``means any''.
SEC. 3. EXPENSING OF QUALIFIED DISASTER EXPENSES.
(a) In General.--Subparagraph (A) of section 198A(b)(2) of the
Internal Revenue Code of 1986 is amended by striking ``before January
1, 2010'' and inserting ``after December 31, 2010''.
(b) Effective Date.--The amendment made by this section shall apply
to amounts paid or incurred after December 31, 2010, in connection with
disasters declared after such date.
SEC. 4. NET OPERATING LOSSES ATTRIBUTABLE TO FEDERALLY DECLARED
DISASTERS.
(a) In General.--Subclause (I) of section 172(j)(1)(A)(i) of the
Internal Revenue Code of 1986 is amended by striking ``before January
1, 2010'' and inserting ``after December 31, 2010''.
(b) Elimination of Exclusion.--Section 172(j) of the Internal
Revenue Code of 1986 is amended by striking paragraph (4).
(c) Effective Date.--The amendments made by this section shall
apply to losses arising in taxable years beginning after December 31,
2010, in connection with disasters declared after such date.
SEC. 5. WAIVER OF CERTAIN MORTGAGE REVENUE BOND REQUIREMENTS FOLLOWING
FEDERALLY DECLARED DISASTERS.
(a) In General.--Subparagraphs (A)(i) and (B)(i) of section
143(k)(12) of the Internal Revenue Code of 1986, as added by the Tax
Extenders and Alternative Minimum Tax Relief Act of 2008, are each
amended by striking ``before January 1, 2010'' and inserting ``after
December 31, 2010''.
(b) Effective Date.--The amendments made by this section shall
apply to disasters occurring after December 31, 2010.
SEC. 6. INCREASED EXPENSING FOR QUALIFIED DISASTER ASSISTANCE PROPERTY.
(a) In General.--Paragraph (2) of section 179(e) of the Internal
Revenue Code of 1986 is amended by inserting ``, except that `after
December 31, 2010' shall be substituted for `before January 1, 2010' in
subparagraph (A)(ii)(I) thereof'' after ``as defined in section
168(n)(2)''.
(b) Elimination of Exclusion.--Section 168(n)(2)(B) of the Internal
Revenue Code of 1986 is amended by inserting ``and'' at the end of
clause (i), by striking ``, and'' at the end of clause (ii) and
inserting a period, and by striking clause (iii).
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2010, with
respect to disasters declared after such date.
SEC. 7. INCREASED LIMITATION ON CHARITABLE CONTRIBUTIONS FOR DISASTER
RELIEF.
(a) Individuals.--Paragraph (1) of section 170(b) of the Internal
Revenue Code of 1986 is amended by redesignating subparagraphs (F) and
(G) as subparagraphs (G) and (H), respectively, and by inserting after
subparagraph (E) the following new subparagraph:
``(F) Qualified disaster contributions.--
``(i) In general.--Any qualified disaster
contribution shall be allowed to the extent
that the aggregate of such contributions does
not exceed the excess of 80 percent of the
taxpayer's contribution base over the amount of
all other charitable contributions allowable
under this paragraph.
``(ii) Carryover.--If the aggregate amount
of contributions described in clause (i)
exceeds the limitation under clause (i), such
excess shall be treated (in a manner consistent
with the rules of subsection (d)(1)) as a
charitable contribution to which clause (i)
applies in each of the 5 succeeding years in
order of time.
``(iii) Coordination with other
subparagraphs.--For purposes of applying this
subsection and subsection (d)(1), contributions
described in clause (i) shall not be treated as
described in subparagraphs (A) and such
subparagraph shall be applied without regard to
such contributions.
``(iv) Qualified disaster contributions.--
For purposes of this subparagraph, the term
`qualified disaster contribution' means any
charitable contribution if--
``(I) such contribution is made
after the date of the enactment of this
paragraph,
``(II) such contribution is made in
cash to an organization described in
subparagraph (A) (other than an
organization described in section
509(a)(3)), and
``(III) such contribution is for
relief efforts related to a federally
declared disaster (as defined in
section 165(h)(3)(C)(i)).
Such term shall not include a contribution if
the contribution is for establishment of a new,
or maintenance in an existing, donor advised
fund (as defined in section 4966(d)(2)).
``(v) Substantiation requirement.--This
paragraph shall not apply to any qualified
disaster contribution unless the taxpayer
obtains from such organization to which the
contribution was made a contemporaneous written
acknowledgment (within the meaning of
subsection (f)(8)) that such contribution was
used (or is to be used) for a purpose described
in clause (iv)(III).''.
(b) Corporations.--
(1) In general.--Paragraph (2) of section 170(b) of the
Internal Revenue Code of 1986 is amended by redesignating
subparagraph (C) as subparagraph (D) and by inserting after
subparagraph (B) the following new subparagraph:
``(C) Qualified disaster contributions.--
``(i) In general.--Any qualified disaster
contribution shall be allowed to the extent
that the aggregate of such contributions does
not exceed the excess of 20 percent of the
taxpayer's taxable income over the amount of
charitable contributions allowed under
subparagraph (A).
``(ii) Carryover.--If the aggregate amount
of contributions described in clause (i)
exceeds the limitation under clause (i), such
excess shall be treated (in a manner consistent
with the rules of subsection (d)(1)) as a
charitable contribution to which clause (i)
applies in each of the 5 succeeding years in
order of time.
``(iii) Qualified disaster contribution.--
The term `qualified disaster contribution' has
the meaning given such term under paragraph
(2)(F)(iv).
``(iv) Substantiation requirement.--This
paragraph shall not apply to any qualified
disaster contribution unless the taxpayer
obtains from such organization to which the
contribution was made a contemporaneous written
acknowledgment (within the meaning of
subsection (f)(8)) that such contribution was
used (or is to be used) for a purpose described
in paragraph (1)(F)(iv)(III).''.
(2) Conforming amendments.--
(A) Subparagraph (A) of section 170(b)(2) of such
Code is amended by striking ``subparagraph (B)
applies'' and inserting ``subparagraphs (B) and (C)
apply''.
(B) Subparagraph (B) of section 170(b)(2) of such
Code is amended by striking ``subparagraph (A)'' and
inserting ``subparagraphs (A) and (C)''.
(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. 8. INCREASE IN NEW MARKETS TAX CREDIT FOR INVESTMENTS IN COMMUNITY
DEVELOPMENT ENTITIES SERVING DISASTER AREAS.
(a) In General.--Subsection (f) of section 45D of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
``(4) Increased special allocation for community
development entities serving federal disaster areas.--
``(A) In general.--In the case of any calendar year
which begins after 2010, the limitation under paragraph
(1) shall be increased by an amount equal to
$250,000,000, to be allocated among qualified community
development entities to make qualified low-income
community investments within a federally declared
disaster area.
``(B) Allocation of increase.--The amount of the
increase in limitation under subparagraph (A) shall be
allocated by the Secretary under paragraph (2) to
qualified community development entities and shall give
priority to such entities with a record of having
successfully provided capital or technical assistance
to businesses or communities within the federally
declared disaster area or areas for which the
allocation is requested.
``(C) Denial of carryforward.--Paragraph (3) shall
not apply with respect to the amount of any increase
under subparagraph (A).
``(D) Federally declared disaster area.--For
purposes of this paragraph, the term `federally
declared disaster area' means an area determined to
warrant assistance under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act pursuant
to a federally declared disaster (as defined in section
165(h)(3)(C)).''.
(b) Effective Date.--The amendments made by this section shall
apply to calendar years beginning after 2010. | Disaster Tax Act of 2011 - Amends the Internal Revenue Code, with respect to disaster tax relief provisions, to: (1) provide for an increase in the tax deduction for losses attributable to a federally declared disaster, (2) make permanent expensing provisions for qualified disaster expenses and qualified disaster assistance property and for net operating losses attributable to federally declared disasters, (3) waive specified requirements for the issuance of mortgage revenue bonds in disaster areas, (4) increase the limit for charitable contributions for disaster relief for individuals and corporations, and (5) increase the new markets tax credit for low-income community investments within a disaster area. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to extend and expand tax relief for national disasters."} | 2,443 | 132 | 0.518266 | 1.227731 | 0.478368 | 2.576 | 16.128 | 0.896 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Small Business
Health Relief Act of 2015''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--MAKING COVERAGE AFFORDABLE FOR SMALL BUSINESSES
Sec. 101. Protecting American jobs and wages.
Sec. 102. Increasing flexibility for small businesses.
Sec. 103. Increasing choices for Americans.
Sec. 104. Protecting patients from higher premiums.
Sec. 105. Ensuring affordable coverage.
TITLE II--INCREASING CONSUMER CONTROL
Sec. 201. Repeal of restriction on over-the-counter medicines.
Sec. 202. Repeal of the annual cap.
TITLE III--ALLOWING INDIVIDUALS TO KEEP COVERAGE THEY LIKE
Sec. 301. Allowing individuals to keep the coverage they have if they
like it.
TITLE I--MAKING COVERAGE AFFORDABLE FOR SMALL BUSINESSES
SEC. 101. PROTECTING AMERICAN JOBS AND WAGES.
(a) Repeal of Shared Responsibility Payment for Employers Regarding
Health Coverage.--
(1) In general.--Chapter 43 of the Internal Revenue Code of
1986 is amended by striking section 4980H.
(2) Conforming amendments.--
(A) The table of sections for chapter 43 of the
Internal Revenue Code of 1986 is amended by striking
the item relating to section 4980H.
(B) Section 1311(d)(4)(I) of the Patient Protection
and Affordable Care Act is amended by inserting ``and''
at the end of clause (i) and by striking clause (ii).
(C) Section 1332(a)(2)(D) of such Act is amended by
striking ``36B, 4980H, and 5000A'' and inserting ``36B
and 5000A''.
(D) Section 1411(e)(4)(B) of such Act is amended by
striking clause (iii).
(E) Section 1411(f) of such Act is amended to read
as follows:
``(f) Appeals and Redeterminations.--The Secretary, in consultation
with the Secretary of the Treasury, the Secretary of Homeland Security,
and the Commissioner of Social Security, shall establish procedures by
which the Secretary or one of such other Federal officers--
``(1) hears and makes decisions with respect to appeals of
any determination under subsection (e); and
``(2) redetermines eligibility on a periodic basis in
appropriate circumstances.''.
(F) Section 1411 of such Act is amended by striking
subsection (i).
(G) Section 1412(a)(2) of such Act is amended to
read as follows:
``(2) the Secretary notifies the Exchange and the Secretary
of the Treasury of the advance determinations; and''.
(H) Section 1513 of such Act is amended by striking
subsection (c).
(3) Effective date.--The amendments made by this subsection
shall apply to months after December 31, 2013.
(b) Repeal of Reporting of Employer Health Insurance Coverage.--
(1) In general.--Subpart D of part III of subchapter A of
chapter 61 of the Internal Revenue Code of 1986 is amended by
striking section 6056.
(2) Conforming amendments.--
(A) Section 6724(d)(1)(B) of the Internal Revenue
Code of 1986 is amended by inserting ``or'' at the end
of clause (xxiii), by striking ``, or'' at the end of
clause (xxiv) and inserting a period, and by striking
clause (xxv).
(B) Section 6724(d)(2) of such Code is amended by
inserting ``or'' at the end of subparagraph (FF), by
striking ``, or'' at the end of subparagraph (GG) and
inserting a period, and by striking subparagraph (HH).
(3) Effective date.--The amendments made by this subsection
shall apply to periods beginning after December 31, 2013.
SEC. 102. INCREASING FLEXIBILITY FOR SMALL BUSINESSES.
Section 1302(c)(2) of the Patient Protection and Affordable Care
Act (Public Law 111-148) is repealed.
SEC. 103. INCREASING CHOICES FOR AMERICANS.
(a) Qualified Health Plan Coverage Satisfied by High Deductible
Health Plan With Health Savings Account.--Section 1302(e) of the
Patient Protection and Affordable Care Act (42 U.S.C. 18022(e)) is
amended to read as follows:
``(e) High Deductible Health Plan With Health Savings Account.--A
health plan not providing a bronze, silver, gold, or platinum level of
coverage shall be treated as meeting the requirements of subsection (d)
with respect to any plan year for any enrollee if the plan meets the
requirements for a high deductible health plan under section 223(c)(2)
of the Internal Revenue Code of 1986 and such enrollee has established
a health savings account (as defined in section 223(d)(1) of such Code)
in relation to such plan.''.
(b) Conforming Amendments.--
(1) Subparagraph (C) of section 1312(d)(3) of the Patient
Protection and Affordable Care Act (42 U.S.C. 18032(d)(3)) is
amended by striking ``, except'' and all that follows through
``1302(e)(2)''.
(2) Subparagraph (A) of section 36B(c)(3) of the Internal
Revenue Code of 1986, as added by section 1401(a) of the
Patient Protection and Affordable Care Act (Public Law 111-148)
is amended by striking ``, except'' and all that follows
through ``such Act''.
(3) Subparagraph (B) of section 1334(c)(1) of the Patient
Protection and Affordable Care Act (42 U.S.C. 18054(c)(1)) is
amended by striking ``and catastrophic coverage''.
SEC. 104. PROTECTING PATIENTS FROM HIGHER PREMIUMS.
Section 9010 of the Patient Protection and Affordable Care Act
(Public Law 111-148), as amended by section 10905 of such Act, is
repealed.
SEC. 105. ENSURING AFFORDABLE COVERAGE.
Section 2701(a)(1)(A)(iii) of the Public Health Service Act (42
U.S.C. 300(a)(1)(A)(iii)), as added by section 1201 of the Patient
Protection and Affordable Care Act (Public Law 111-148), is amended by
striking ``, except'' and all that follows through ``2707(c))''.
TITLE II--INCREASING CONSUMER CONTROL
SEC. 201. REPEAL OF RESTRICTION ON OVER-THE-COUNTER MEDICINES.
(a) HSAs.--Section 223(d)(2)(A) of the Internal Revenue Code of
1986 is amended by striking the last sentence thereof.
(b) Archer MSAs.--Section 220(d)(2)(A) of the Internal Revenue Code
of 1986 is amended by striking the last sentence thereof.
(c) Health Flexible Spending Arrangements and Health Reimbursement
Arrangements.--Section 106 of the Internal Revenue Code of 1986 is
amended by striking subsection (f).
(d) Effective Date.--
(1) Distributions from savings accounts.--The amendments
made by subsections (a) and (b) shall apply to amounts paid
with respect to taxable years beginning after December 31,
2014.
(2) Reimbursements.--The amendment made by subsection (c)
shall apply to expenses incurred with respect to taxable years
beginning after December 31, 2014.
SEC. 202. REPEAL OF THE ANNUAL CAP.
(a) In General.--Section 125 of the Internal Revenue Code of 1986
is amended by striking subsection (i) and by redesignating subsections
(j) and (k) as subsections (i) and (j), respectively.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2014.
TITLE III--ALLOWING INDIVIDUALS TO KEEP COVERAGE THEY LIKE
SEC. 301. ALLOWING INDIVIDUALS TO KEEP THE COVERAGE THEY HAVE IF THEY
LIKE IT.
(a) In General.--Section 1251(a)(2) of the Patient Protection and
Affordable Care Act (42 U.S.C. 18011) is amended--
(1) by striking ``Except as provided in paragraph (3),''
and inserting the following:
``(A) In general.--Except as provided in paragraphs
(3) and (4),''; and
(2) by adding at the end the following:
``(B) Protecting employers and consumers with
grandfathered coverage.--
``(i) In general.--A group health plan or
health insurance coverage in which an
individual is enrolled on or after March 23,
2010, but before any plan year beginning not
later than 1 year after the date of the
enactment of this subparagraph, and which is
deemed to be a grandfathered health plan under
this section, shall continue to be considered a
grandfathered health plan with respect to such
individual regardless of any modification to
the cost-sharing levels, employer contribution
rates, or covered benefits under such plan or
coverage as otherwise permitted under this Act
(and the amendments made by this Act).
``(ii) Regulations.--The Secretary shall
promulgate regulations to clarify the
application of clause (i) to a plan or coverage
that continues to be a grandfathered health
plan pursuant to such clause.''.
(b) Effective Date; Previously Promulgated Regulations Voided.--
(1) Effective date.--The amendments made by this section
shall take effect as if included in the enactment of the
Patient Protection and Affordable Care Act.
(2) Previously promulgated regulations voided.--Any
regulations relating to section 1251(a)(2) of such Act
promulgated before the date of the enactment of this Act shall
have no force or effect. | Small Business Health Relief Act of 2015 Repeals provisions of the Internal Revenue Code that: (1) impose fines on large employers (those with 50 or more full-time employees) who fail to offer their full-time employees the opportunity to enroll in minimum essential health insurance coverage, and (2) require large employers to file a report with the Department of the Treasury on health insurance coverage provided to their full-time employees. Repeals provisions of the Patient Protection and Affordable Care Act (PPACA) that: (1) limit the annual deductible on health plans offered in the small group market, (2) deem catastrophic plans to meet essential health benefits coverage requirements for certain individuals, and (3) impose an annual fee on health insurance entities. Deems high deductible health plans to meet essential health benefits coverage requirements if the enrollee has established a health savings account. Amends the Public Health Service Act to repeal the limitation on premium rate variance by age in the individual or small group market. Repeals the prohibitions on payments for over-the-counter medications from health savings accounts, medical savings accounts, and health flexible spending arrangements. Repeals the $2,500 annual limit on employee contributions by salary reduction to a health flexible spending arrangement under a cafeteria plan. Allows a health plan to maintain its status as a grandfathered health plan regardless of any modification to cost-sharing, employer contribution rates, or covered benefits. Makes this allowance effective as if included in PPACA. | {"src": "billsum_train", "title": "Small Business Health Relief Act of 2015"} | 2,377 | 313 | 0.447919 | 1.29093 | 0.698264 | 1.893617 | 6.741135 | 0.716312 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Diabetes Self-Management Training
Act of 2003''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Diabetes is the fifth leading cause of death in the
United States. Over 17,000,000 Americans (6.2 percent of the
population) currently are living with diabetes, a number that
is estimated to increase to 29,000,000 by the year 2050. In
2002, diabetes accounted for $132,000,000,000 in direct and
indirect health care costs. Diabetes is widely recognized as
one of the top public health threats facing our nation today.
(2) Diabetes can occur in 2 forms--type 1 diabetes is
caused by the body's inability to produce insulin, a hormone
that allows glucose or sugar to enter and fuel cells, and type
2 diabetes, which occurs when the body fails to make enough
insulin, or fails to properly use it. People with type 1
diabetes are required to take daily insulin injections to stay
alive. While some people with type 2 diabetes need insulin
shots, others with type 2 diabetes can control their diabetes
through healthy diet, nutrition, and lifestyle changes. Type 2
diabetes accounts for up to 95 percent of all diabetes cases
affecting 8 percent of the population age 20 and older. The
prevalence of type 2 diabetes has tripled in the last 30 years,
with much of that increase due to an upsurge in obesity.
(3) The Diabetes Prevention Program study in 2002 found
that participants (all of whom were at increased risk of
developing type 2 diabetes) who made lifestyle changes reduced
their risk of getting type 2 diabetes by 58 percent.
(4) Diabetes self-management training (DSMT) also called
diabetes education, provides knowledge and skill training to
patients with diabetes, helping them identify barriers,
facilitate problem solving, and develop coping skills to
effectively manage their diabetes. Unlike many other diseases,
diabetes requires constant vigilance on the part of the patient
and demands far more than just taking pills or insulin shots. A
certified diabetes educator is a health care professional--
often a nurse, dietitian, or pharmacist, who specializes in
helping people with diabetes develop the self-management skills
needed to stay healthy and avoid costly acute complications and
emergency care, as well as debilitating secondary conditions
caused by diabetes.
(5) There are currently over 13,000 diabetes educators in
the United States, most of whom are certified diabetes
educators (CDEs). To earn a CDE designation, a health care
professional must be licensed or have received a masters degree
in a relevant public health concentration, have completed 2
years of professional practice experience in diabetes self-
management training, and have provided a minimum of 1000 hours
of diabetes self-management training. Many other health care
professionals that are able to bill for diabetes education
through the medicare program have far less experience or
ability to provide the skilled expertise to help people with
diabetes self-manage the disease. CDEs are the best trained
health care professionals to provide DSMT and their experience
and background is in stark contrast to the 12 hours of
continuing education that non-physician health care providers
or suppliers must obtain every 2 years, as required by the
Centers for Medicare & Medicaid Services.
(6) CDEs represent the only group of health care
professionals who provide diabetes self-management training
that have not been recognized as health care providers and are
therefore precluded from directly billing the medicare program
for DSMT. Adding CDEs as providers to that program would give
diabetes patients access to the care they need.
SEC. 3. RECOGNITION OF CERTIFIED DIABETES EDUCATORS AS MEDICARE
PROVIDERS FOR PURPOSES OF DIABETES OUTPATIENT SELF-
MANAGEMENT TRAINING SERVICES.
(a) In General.--Section 1861(qq) of the Social Security Act (42
U.S.C. 1395x(qq)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A), by inserting ``and
includes a certified diabetes educator (as defined in
paragraph (3)) who is recognized by the National
Certification Board of Diabetes Educators and is
working within a recognized diabetes education
program'' before the semicolon at the end; and
(B) in subparagraph (B), by inserting before the
period at the end the following: ``or is a certified
diabetes educator (as so defined) who is recognized by
the National Certification Board of Diabetes Educators
and is working within a recognized diabetes education
program''; and
(2) by adding at the end the following:
``(3) For purposes of paragraph (2), the term `certified diabetes
educator' means an individual who--
``(A) is a health care professional who specializes in
helping individuals with diabetes develop the self-management
skills needed to overcome the daily challenges and problems
caused by the disease;
``(B) is a licensed nurse, occupational therapist,
optometrist, pharmacist, physical therapist, physician
assistant, podiatrist, a registered dietitian, or has an
advanced degree in nutrition, social work, clinical psychology,
exercise physiology, health education or a related public
health area such as health education, health promotion, health
and social behavior or health communication;
``(C) has at least 2 years of professional practice
experience in diabetes self-management training;
``(D) has provided a minimum of 1000 hours of diabetes
self-management training to patients within the most recent 5
years; and
``(E) has passed a certification exam approved by the
National Certification Board of Diabetes Educators.''.
(b) GAO Study and Report.--
(1) Study.--The Comptroller General of the United States
shall conduct a study to determine the barriers, if any, that
exist in rural areas to successfully becoming a recognized
diabetes education program, including the difficulty of rural
health care professionals in becoming certified diabetes
educators (as defined in section 1861(qq)(3) of the Social
Security Act (as added by subsection (a)(2))), and whether
individuals with diabetes who live in rural areas have barriers
to accessing diabetes self-management training.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall submit a report to Congress regarding the study
conducted under paragraph (2).
(c) Effective Date.--The amendments made by subsection (a) apply to
diabetes outpatient self-management training services furnished on or
after October 1, 2003. | Diabetes Self-Management Training Act of 2003 - Amends title XVIII (Medicare) of the Social Security Act to provide for the recognition of certified diabetes educators as Medicare providers for purposes of diabetes outpatient self-management training services.
Directs the Comptroller General to study and report to Congress on: (1) the barriers, if any, that exist in rural areas to successfully becoming a recognized diabetes education program, including the difficulty of rural heath care professionals in becoming certified diabetes educators; and (2) whether individuals with diabetes who live in rural areas have barriers to accessing diabetes self-management training. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to improve access to diabetes self-management training by designating certified diabetes educators recognized by the National Certification Board of Diabetes Educators as certified providers for purposes of outpatient diabetes education services under part B of the Medicare Program."} | 1,414 | 128 | 0.487054 | 1.310343 | 0.641404 | 5.637931 | 11.517241 | 0.965517 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Salt Cedar and Russian Olive Control
Assessment and Demonstration Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Secretaries.--The term ``Secretaries'' means the
Secretary of Agriculture, in cooperation with the Secretary of
the Interior.
(2) Western united states.--The term ``Western United
States'' refers to the States defined by the Act of June 17,
1902 (commonly known as the 1902 Reclamation Act; 43 U.S.C. 371
et seq.), which includes Arizona, California, Colorado, Idaho,
Kansas, Montana, Nebraska, Kansas, Oklahoma, Nevada, New
Mexico, Oregon, Texas, Utah, Washington, and Wyoming.
SEC. 3. ASSESSMENT OF SALT CEDAR AND RUSSIAN OLIVE INFESTATION IN
WESTERN UNITED STATES.
(a) Assessment.--Not later than one year after the date on which
funds are first made available to carry out this section, the
Secretaries shall complete an assessment of the extent of Salt Cedar
and Russian Olive invasion in the Western United States.
(b) Content.--The assessment shall include the following:
(1) To the extent practicable, documentation of the
quantity of water lost due to the infestation.
(2) Documentation of the quantity of water saved due to
various control methods, including the portion of saved water
that returns to surface water or groundwater supplies and at
what rates.
(3) Determination of the optimum control method for the
various land types and land uses.
(4) Determination of what conditions indicate the need to
remove such growth and the optimal methods for disposal or use
of such growth.
(5) Determination of methods to prevent the regrowth and
reintroduction of Salt Cedar and Russian Olive and to
reestablish native species.
(c) Report on Assessment.--
(1) Preparation and content.--The Secretaries shall prepare
a report containing the results of the assessment. The report
shall identify long-term management and funding strategies that
could be implemented by Federal, State, Tribal, and private
land managers and owners on all land management types to
address the invasion of Salt Cedar and Russian Olive. The
report shall also identify deficiencies or areas for further
study and where actual field demonstrations would be useful in
the control effort.
(2) Submission.--The Secretaries shall submit the report to
the Committee on Resources and the Committee on Agriculture of
the House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry and the Committee on Energy and Natural
Resources of the Senate.
(d) Support for Identification of Long-Term Management and Funding
Strategies.--The Secretaries may make grants to institutions of higher
education or nonprofit organizations (or both) with an established
background and expertise in the public policy issues associated with
the control of Salt Cedar and Russian Olive to obtain technical
experience, support, and recommendations related to the identification
of the long-term management and funding strategies required to be
included in the report under subsection (c)(1). Each grant awarded
under this subsection may not be less than $250,000.
SEC. 4. DEMONSTRATION PROGRAM FOR CONTROL OF SALT CEDAR AND RUSSIAN
OLIVE IN WESTERN STATES.
(a) Demonstration Projects.--
(1) Projects required.--Based on the results of the
assessment and report in section 3, the Secretaries shall
initiate a program of not fewer than three demonstration
projects in the Western United States designed to address the
deficiencies and areas for further study to address the
invasion of Salt Cedar and Russian Olive, including the test of
additional control methods, identified by the report.
(2) Implementation.--The Secretaries may enter into an
agreement with a State in the Western United States to carry
out a demonstration project. If the Secretaries select a
demonstration project for implementation on National Forest
System lands, the Secretary of Agriculture shall be responsible
for implementation of the project.
(b) Elements of Projects.--
(1) Design and scale.--Each demonstration project shall be
designed with integrated methods and adaptive management
strategies and carried out over time frames and spatial scales
large enough to accomplish the goals laid out in the report.
(2) Scientific review.--Before being carried out, the
methods and strategies proposed for each demonstration project
shall be subject to review by scientific experts, including
non-Federal experts, selected by the Secretaries. The
Secretaries may use existing scientific review processes to the
extent they comply with this requirement.
(c) Project Costs and Cost Sharing.--The total cost of each
demonstration project may not exceed $7,000,000, including the costs of
planning, design, implementation, revegetation, maintenance, and
monitoring. In the case of a demonstration project conducted on lands
under the jurisdiction of the Secretary of the Interior or the
Secretary of Agriculture, the Secretaries may accept, but not require,
funds or in-kind contributions, including State agency provided
services. The Federal share of the costs of any activity on private
lands funded under the project shall be no more than 75 percent of the
total cost of the activity.
(d) Reporting Requirement.--During the period in which the
demonstration projects are carried out, the Secretaries shall submit to
the congressional committees specified in section 3(c)(2) an annual
report describing--
(1) the demonstration projects;
(2) the progress made in carrying out the projects during
the period covered by the report; and
(3) the costs of the projects under subsection (c).
(e) Monitoring.--Demonstration projects shall include the
following:
(1) Documentation of the quantity of water saved due to
various control methods, including the portion of water saved
that returns to surface water or groundwater supplies and at
what rates.
(2) Optimal revegetative states to prevent the regrowth and
reintroduction of Salt Cedar and Russian Olive and to
reestablish native species.
(f) Cooperation.--The Secretaries shall use the expertise of their
various agencies, as well as other Federal agencies, institutions of
higher education, State and local governments and political
subdivisions thereof, including soil and water conservation districts,
and Indian tribes, which are actively conducting assessments on or
implementing Salt Cedar and Russian Olive control activities.
SEC. 5. RELATION TO OTHER AUTHORITY.
Nothing in this Act shall be construed to affect, or otherwise
bias, the use by the Secretaries of other statutory or administrative
authorities to plan or conduct Salt Cedar or Russian Olive control and
eradication that is not planned or conducted under this Act.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) Assessment.--There are authorized to be appropriated to the
Secretaries $5,000,000 for fiscal year 2005 to conduct the assessment
required by section 3.
(b) Grants.--There are authorized to be appropriated to the
Secretaries $1,000,000 for fiscal year 2005 to award as grants under
section 3(d).
(c) Demonstration Projects.--There are authorized to be
appropriated to the Secretaries $18,000,000 for each of the fiscal
years 2005 through 2009 to carry out the program of demonstration
projects under section 4. | Salt Cedar and Russian Olive Control Assessment and Demonstration Act - Directs the Secretary of of Agriculture, in cooperation with the Secretary of the Interior, to assess the extent of Salt Cedar and Russian Olive invasion in the western United States.
Directs the Secretaries to submit a report containing the results of such assessment and identifying: (1) long-term management and funding strategies; and (2) deficiencies or areas for further study and where actual field demonstrations would be useful in the control effort.
Authorizes the Secretaries to make grants to institutions of higher education or nonprofit organizations (or both) in order to obtain technical experience, support, and recommendations related to the identification of the long-term management and funding strategies required to be included in such report.
Directs the Secretaries to initiate a program of at least three demonstration projects in the western States designed to address deficiencies and areas for further study to address the invasion of Salt Cedar and Russian Olive. Sets forth required project elements. | {"src": "billsum_train", "title": "To provide for an assessment of the extent of the invasion of Salt Cedar and Russian Olive on lands in the Western United States and efforts to date to control such invasion on public and private lands, including tribal lands, to establish a demonstration program to address the invasion of Salt Cedar and Russian Olive, and for other purposes."} | 1,556 | 203 | 0.61436 | 1.982153 | 0.995488 | 5.852632 | 7.510526 | 0.947368 |
to repeal sections 2, 3, and 6 of
the Neutrality Act of 1939, and for other purposes (Public Law
77-294; 55 Stat. 764) repealed section 6 of the Neutrality Act
of 1939 (related to the arming of United States vessels) and
authorized the President during the national emergency to arm
or permit to arm any United States vessel.
(4) On February 7, 1942, President Franklin D. Roosevelt,
through Executive Order Number 9054, established the War
Shipping Administration that was charged with building or
purchasing, and operating the civilian shipping vessels needed
for the war effort.
(5) During World War II, United States merchant mariners
transported goods and materials through ``contested waters'' to
the various combat theaters.
(6) At the conclusion of World War II, United States
merchant mariners were responsible for transporting several
million members of the United States Armed Forces back to the
United States.
(7) The GI Bill Improvement Act of 1977 (Public Law 95-202)
provided that the Secretary of Defense could determine that
service for the Armed Forces by organized groups of civilians,
or contractors, be considered ``active service'' for benefits
administered by the Veterans Administration.
(8) Department of Defense Directive 1000.20 directed that
the determination be made by the Secretary of the Air Force,
and established the Civilian/Military Service Review Board and
Advisory Panel.
(9) In 1987, three merchant mariners along with the AFL-CIO
sued Edward C. Aldridge, Secretary of the Air Force,
challenging the denial of their application for veterans
status. In Schumacher v. Aldridge (665 F. Supp. 41 (D.D.C.
1987)), the Court determined that Secretary Aldridge had failed
to ``articulate clear and intelligible criteria for the
administration'' of the application approval process.
(10) During World War II, women were repeatedly denied
issuance of official documentation affirming their merchant
marine seamen status by the War Shipping Administration.
(11) Coast Guard Information Sheet #77 (April 1992)
identifies the following acceptable forms of documentation for
eligibility meeting the requirements set forth in GI Bill
Improvement Act of 1977 (Public Law 95-202) and Veterans
Programs Enhancement Act of 1998 (Public Law 105-368):
(A) Certificate of shipping and discharge forms.
(B) Continuous discharge books (ship's deck or
engine logbooks).
(C) Company letters showing vessel names and dates
of voyages.
(12) Coast Guard Commandant Order of 20 March, 1944,
relieved masters of tugs, towboats, and seagoing barges of the
responsibility of submitting reports of seamen shipped or
discharged on forms, meaning certificates of shipping and
discharge forms are not available to all eligible individuals
seeking to document their eligibility.
(13) Coast Guard Information Sheet #77 (April, 1992) states
that ``deck logs were traditionally considered to be the
property of the owners of the ships. After World War II,
however, the deck and engine logbooks of vessels operated by
the War Shipping Administration were turned over to that agency
by the ship owners, and were destroyed during the 1970s'',
meaning that continuous discharge books are not available to
all eligible individuals seeking to document their eligibility.
(14) Coast Guard Information Sheet #77 (April, 1992) states
``some World War II period log books do not name ports visited
during the voyage due to wartime security restrictions'',
meaning that company letters showing vessel names and dates of
voyages are not available to all eligible individuals seeking
to document their eligibility.
SEC. 3. METHODS FOR VALIDATING CERTAIN SERVICE CONSIDERED TO BE ACTIVE
SERVICE BY THE SECRETARY OF VETERANS AFFAIRS.
(a) In General.--For the purposes of verifying that an individual
performed service under honorable conditions that satisfies the
requirements of as a member of the merchant marine who is recognized
pursuant to section 401 of GI Bill Improvement Act of 1977 (Public Law
95-202; 38 U.S.C. 106 note) as having performed active duty service for
the purposes of all laws administered by the Secretary of Veterans
Affairs, the Secretary of Defense shall consider the following:
(1) In the case of an individual seeking such recognition
for whom no applicable Coast Guard shipping or discharge form,
ship logbook, or other official employment record is available,
the Secretary may provide such recognition on the basis of
applicable Social Security Administration records submitted by
the individual, together with validated testimony given by the
individual or the primary next of kin of the individual that
the individual performed such service during the period
beginning on December 7, 1941, and ending on December 31, 1946.
(2) In the case of an individual seeking such recognition
for whom the applicable Coast Guard shipping or discharge form,
ship logbook, or other official employment record has been
destroyed or otherwise become unavailable by reason of any
action committed by a person responsible for the control and
maintenance of such form, logbook, or record, the Secretary
shall accept other official documentation demonstrating that
the individual performed such service during period beginning
on December 7, 1941, and ending on December 31, 1946.
(3) For the purpose of determining whether to recognize
service allegedly performed during the period beginning on
December 7, 1941, and ending on December 31, 1946, the
Secretary shall recognize masters of seagoing vessels or other
officers in command of similarly organized groups as agents of
the United States who were authorized to document any
individual for purposes of hiring the individual to perform
service in the merchant marine or discharging an individual
from such service.
(b) Treatment of Other Documentation.--Other documentation accepted
by the Secretary pursuant to subsection (a)(2) shall satisfy all
requirements for eligibility of service during the period beginning on
December 7, 1941, and ending on December 31, 1946.
(c) Definition of Primary Next of Kin.--In this section, the term
``primary next of kin'' with respect to an individual seeking
recognition for service under this section means the closest living
relative of the individual who was alive during the period of such
service.
(d) Effective Date.--This Act shall take effect 90 days after the
date of the enactment of this Act. | World War II Merchant Mariner Service Act - Directs the Secretary of Defense (DOD) to consider certain methods for verifying that an individual performed honorable service as a member of the merchant marine during the period beginning on December 7, 1941, and ending on December 31, 1946, for purposes of eligibility for veterans' benefits under the GI Bill Improvement Act of 1977. Requires such methods to include Social Security Administration (SSA) records and validated testimony in the case of the absence of Coast Guard shipping or discharge forms, ship logbooks, or other official employment records.
Requires the Secretary to recognize masters of seagoing vessels or other command officers who were authorized to document an individual for purposes of hiring for the merchant marine or discharge therefrom, when determining whether to recognize service allegedly performed during such period. | {"src": "billsum_train", "title": "To direct the Secretary of Defense to accept additional documentation when considering the application for veterans status of an individual who performed service in the merchant marines during World War II, and for other purposes."} | 1,313 | 172 | 0.502651 | 1.613428 | 0.700852 | 3.960784 | 8.372549 | 0.928105 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Inclusion of Veteran Service
Organizations in the National Veterans Business Development Corporation
Board Act''.
SEC. 2. IMPROVEMENT OF NATIONAL VETERANS BUSINESS DEVELOPMENT
CORPORATION.
(a) Improvement.--Section 33(c) of the Small Business Act (15
U.S.C. 657c(c)) is amended--
(1) in paragraph (1), by striking ``nine'' and inserting
``11'';
(2) by striking paragraph (2) and inserting the following
new paragraph (2):
``(2) Appointment of voting members.--
``(A) Presidential appointments.--
``(i) In general.--The President shall,
after considering recommendations submitted
under clause (ii), appoint 7 of the 11 voting
members of the Board, all of whom shall be
United States citizens, and not more than 5 of
whom shall be members of the same political
party.
``(ii) Recommendations.--Recommendations
shall be submitted to the President for
appointments under this subparagraph by the
chairman or ranking member (or both) of the
Committee on Small Business and
Entrepreneurship or the Committee on Veterans'
Affairs (or both) of the Senate or the
Committee on Small Business or the Committee on
Veterans' Affairs (or both) of the House of
Representatives.
``(B) Congressional appointments.--The chairmen of
the Committee on Small Business and Entrepreneurship
and the Committee on Veterans' Affairs of the Senate
and the Committee on Small Business and the Committee
on Veterans' Affairs of the House of Representatives
shall jointly appoint 4 of the 11 voting members of the
Board who shall be representatives of a congressionally
chartered veterans' service organization or military
service organization.
``(C) Limitation on internal recommendations.--No
member of the Board may recommend an individual for
appointment to a position on the Board.'';
(3) in paragraph (3), by adding at the end the following
new sentences: ``The president and directors of each of the 3
veterans business resource centers that have received grants
from the Corporation that are located in Flint, Michigan, St.
Louis, Missouri, and Boston, Massachusetts, shall provide
expertise and advice to the Board of Directors, as
appropriate.'';
(4) in paragraph (6)(C), by striking the second sentence
and inserting the following new sentence: ``No member of the
Board may serve after the expiration of the term for which that
member is appointed.''; and
(5) by adding at the end the following new paragraphs:
``(12) Removal of members.--With the approval of a majority
of the Board of Directors and the approval of the chairmen and
ranking members of the Committee on Small Business and
Entrepreneurship and the Committee on Veterans' Affairs of the
Senate, the Corporation may remove a member of the Board who is
determined to be unable to fulfill the member's duties under
this section.
``(13) Meetings.--All meetings of the Board of Directors
shall be conducted in public and members of the general public
shall have access to such meetings. The Board shall record
minutes for each meeting and make such minutes available on the
Internet website of the Corporation. Two meetings shall be held
in Washington, DC, each year.
``(14) Notice to stakeholders.--The Board of Directors
shall establish a list of stakeholders in the Corporation and
shall, to the extent possible, provide to each individual on
the list notice of the meetings and agenda of the Board. If
providing such notice is not possible, the Board shall make
such notice publicly available on the Internet website of the
Corporation.''.
(b) Conforming Amendment.--Section 33(c)(6)(B) of the Small
Business Act (14 U.S.C. 657c(c)(6)(B)) is amended by striking ``by the
President''.
(c) Congressional Appointments.--Not later than 90 days after the
date of the enactment of this Act, two appointments shall be made under
subparagraph (B) of section 33(c)(2) of the Small Business Act, as
added by subsection (a). Upon the expiration of each the first two
terms of appointment of members of the Board of Directors of the
National Veterans Business Development Corporation that expire after
the date of the enactment of this Act, an additional appointment shall
be made under that subparagraph. | Inclusion of Veteran Service Organizations in the National Veterans Business Development Corporation Board Act - Amends Small Business Act provisions establishing a National Veterans Business Development Corporation (Corporation) to: (1) increase from 9 to 11 the number of Corporation voting members; (2) require the chairmen of the congressional small business and veterans' committees to appoint 4 of the 11 voting members, who shall be representatives of a congressionally chartered veterans' service organization or military service organization; (3) prohibit any member of the Corporation's Board of Directors from serving after the expiration of their term; (4) provide for the removal of Board members; (5) require all Board meetings to be public; and (6) require notification to Corporation stakeholders of Board meetings and agendas. | {"src": "billsum_train", "title": "To amend the Small Business Act to improve the National Veterans Business Development Corporation."} | 972 | 160 | 0.626684 | 1.788703 | 0.797422 | 2.918367 | 6.088435 | 0.877551 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Early Warning and Health Care for
Workers Affected by Globalization Act''.
SEC. 2. AMENDMENTS TO THE WARN ACT.
(a) Definitions.--
(1) Employer, plant closing, and mass layoff.--Paragraphs
(1) through (3) of section 2(a) of the Worker Adjustment and
Retraining Notification Act (29 U.S.C. 2101(a)(1)-(3)) are
amended to read as follows:
``(1) the term `employer' means any business enterprise
that employs 100 or more employees;
``(2) the term `plant closing' means the permanent or
temporary shutdown of a single site of employment, or of one or
more facilities or operating units within a single site of
employment, which results in an employment loss at such site,
during any 30-day period, for 25 or more employees;
``(3) the term `mass layoff' means a reduction in force at
a single site of employment which results in an employment loss
at such site, during any 30-day period, for 25 or more
employees.''.
(2) Secretary of labor.--
(A) Definition.--Paragraph (8) of such section is
amended to read as follows:
``(8) the term `Secretary' means the Secretary of Labor or
a representative of the Secretary of Labor.''.
(B) Regulations.--Section 8(a) of such Act (29
U.S.C. 2107(a)) is amended by striking ``of Labor''.
(3) Conforming amendments.--
(A) Notice.--Section 3(d) of such Act (29 U.S.C.
2102(d)) is amended by striking out ``, each of which
is less than the minimum number of employees specified
in section 2(a)(2) or (3) but which in the aggregate
exceed that minimum number,'' and inserting ``which in
the aggregate exceed the minimum number of employees
specified in section 2(a)(2) or (3)''.
(B) Definitions.--Section 2(b)(1) of such Act (29
U.S.C. 2101(b)(1)) is amended by striking ``(other than
a part-time employee)''.
(b) Notice.--
(1) Notice period.--
(A) In general.--Section 3 of the Worker Adjustment
and Retraining Notification Act (29 U.S.C. 2102) is
amended by striking ``60-day period'' and inserting
``90-day period'' each place it appears.
(B) Conforming amendment.--Section 5(a)(1) of such
Act (29 U.S.C. 2104(a)(1)) is amended in the matter
following subparagraph (B), by striking ``60 days'' and
inserting ``90 days''.
(2) Recipients.--Section 3(a) of such Act (29 U.S.C.
2102(a)) is amended--
(A) in paragraph (1), by striking ``or, if there is
no such representative at that time, to each affected
employee; and'' and inserting ``and to each affected
employee;''; and
(B) by redesignating paragraph (2) as paragraph (3)
and inserting after paragraph (1) the following:
``(2) to the Secretary; and''.
(3) Information regarding benefits and services available
to workers and dol notice to congress.--Section 3 of such Act
(29 U.S.C. 2102) is further amended by adding at the end the
following:
``(e) Information Regarding Benefits and Services Available to
Employees.--Concurrent with or immediately after providing the notice
required under subsection (a)(1), an employer shall provide affected
employees with information regarding the benefits and services
available to such employees, as described in the guide compiled by the
Secretary under section 12.
``(f) DOL Notice to Congress.--As soon as practicable and not later
than 15 days after receiving notification under subsection (a)(2), the
Secretary of Labor shall notify the appropriate Senators and Members of
the House of Representatives who represent the area or areas where the
plant closing or mass layoff is to occur.''.
(c) Enforcement.--
(1) Amount.--Section 5(a)(1) of the Worker Adjustment and
Retraining Notification Act (29 U.S.C. 2104(a)(1)) is amended--
(A) in subparagraph (A)--
(i) by striking ``back pay for each day of
violation'' and inserting ``two days' pay
multiplied by the number of calendar days short
of 90 that the employer provided notice before
such closing or layoff''; and
(ii) in clause (ii), by striking ``and'' at
the end thereof;
(B) by redesignating subparagraph (B) as
subparagraph (C);
(C) by inserting after subparagraph (A) the
following:
``(B) interest on the amount described in subparagraph (A)
calculated at the prevailing rate; and''; and
(D) by striking the matter following subparagraph
(C) (as so redesignated).
(2) Exemption.--Section 5(a)(4) of such Act (29 U.S.C.
2104(a)(4)) is amended by striking ``reduce the amount of the
liability or penalty provided for in this section'' and
inserting ``reduce the amount of the liability under
subparagraph (C) of paragraph (1) and reduce the amount of the
penalty provided for in paragraph (3)''.
(3) Administrative complaint.--Section 5(a)(5) of such Act
(29 U.S.C. 2104(a)(5)) is amended--
(A) by striking ``may sue'' and inserting ``may,'';
(B) by inserting after ``both,'' the following:
``(A) file a complaint with the Secretary alleging a
violation of section 3, or (B) bring suit''; and
(C) by adding at the end thereof the following new
sentence: ``A person seeking to enforce such liability
may use one or both of the enforcement mechanisms
described in subparagraphs (A) and (B).''.
(4) Action by the secretary.--Section 5 of such Act (29
U.S.C. 2104) is amended--
(A) by redesignating subsection (b) as subsection
(d); and
(B) by inserting after subsection (a) the following
new subsections:
``(b) Action by the Secretary.--
``(1) Administrative action.--The Secretary shall receive,
investigate, and attempt to resolve complaints of violations of
section 3 by an employer in the same manner that the Secretary
receives, investigates, and attempts to resolve complaints of
violations of sections 6 and 7 of the Fair Labor Standards Act
of 1938 (29 U.S.C. 206 and 207).
``(2) Subpoena powers.--For the purposes of any
investigation provided for in this section, the Secretary shall
have the subpoena authority provided for under section 9 of the
Fair Labor Standards Act of 1938 (29 U.S.C. 209).
``(3) Civil action.--The Secretary may bring an action in
any court of competent jurisdiction to recover on behalf of an
employee the backpay, interest, benefits, and liquidated
damages described in subsection (a).
``(4) Sums recovered.--Any sums recovered by the Secretary
on behalf of an employee under subparagraphs (A), (B), and (D)
of section 5(a)(1) shall be held in a special deposit account
and shall be paid, on order of the Secretary, directly to each
employee affected. Any such sums not paid to an employee
because of inability to do so within a period of 3 years, and
any sums recovered by the Secretary under subparagraph (C) of
section 5(a)(1), shall be credited as an offsetting collection
to the appropriations account of the Secretary of Labor for
expenses for the administration of this Act and shall remain
available to the Secretary until expended.
``(5) Action to compel relief by secretary.--The district
courts of the United States shall have jurisdiction, for cause
shown, over an action brought by the Secretary to restrain the
withholding of payment of back pay, interest, benefits, or
other compensation, plus interest, found by the court to be due
to employees under this Act.
``(c) Limitations.--
``(1) Limitations period.--An action may be brought under
this section not later than 2 years after the date of the last
event constituting the alleged violation for which the action
is brought.
``(2) Commencement.--In determining when an action is
commenced under this section for the purposes of paragraph (1),
it shall be considered to be commenced on the date on which the
complaint is filed.
``(3) Limitation on private action while action of
secretary is pending.--If the Secretary has instituted an
enforcement action or proceeding under subsection (b), an
individual employee may not bring an action under subsection
(a) during the pendency of the proceeding against any person
with respect to whom the Secretary has instituted the
proceeding.''.
(d) Posting of Notices; Penalties.--Section 11 of the Worker
Adjustment and Retraining Notification Act (29 U.S.C. 2101 note) is
amended to read as follows:
``SEC. 11. POSTING OF NOTICES; PENALTIES.
``(a) Posting of Notices.--Each employer shall post and keep posted
in conspicuous places upon its premises where notices to employees are
customarily posted a notice to be prepared or approved by the Secretary
setting forth excerpts from, or summaries of, the pertinent provisions
of this chapter and information pertinent to the filing of a complaint.
``(b) Penalties.--A willful violation of this section shall be
punishable by a fine of not more than $500 for each separate
offense.''.
(e) Non-Waiver of Rights and Remedies; Information Regarding
Benefits and Services Available to Employees.--Such Act is further
amended by adding at the end the following:
``SEC. 12. RIGHTS AND REMEDIES NOT SUBJECT TO WAIVER.
``(a) In General.--The rights and remedies provided under this Act
(including the right to maintain a civil action) may not be waived,
deferred, or lost pursuant to any agreement or settlement other than an
agreement or settlement described in subsection (b).
``(b) Agreement or Settlement.--An agreement or settlement referred
to in subsection (a) is an agreement or settlement negotiated by the
Secretary, an attorney general of any State, or a private attorney on
behalf of affected employees.
``SEC. 13. INFORMATION REGARDING BENEFITS AND SERVICES AVAILABLE TO
WORKERS.
``The Secretary of Labor shall maintain a guide of benefits and
services which may be available to affected employees, including
unemployment compensation, trade adjustment assistance, COBRA benefits,
and early access to training and other services, including counseling
services, available under the Workforce Investment Act of 1998. Such
guide shall be available on the Internet website of the Department of
Labor and shall include a description of the benefits and services, the
eligibility requirements, and the means of obtaining such benefits and
services. Upon receiving notice from an employer under section 3(a)(2),
the Secretary shall immediately transmit such guide to such
employer.''.
(e) Notice Excused Where Caused by Terrorist Attack.--Section
3(b)(2) of the Worker Adjustment and Retraining Notification Act (29
U.S.C. 2102(b)(2)) is amended by adding at the end the following new
subparagraph:
``(C) No notice under this Act shall be required if the plant
closing or mass layoff is due directly or indirectly to a terrorist
attack on the United States.''.
SEC. 3. EXTENSION OF COBRA BENEFITS FOR CERTAIN INDIVIDUALS CERTIFIED
AS TAA ELIGIBLE.
(a) Amendments to the Employee Retirement Income Security Act of
1974.--
(1) Special rule for qualified taa eligible employees.--
(A) In general.--Section 602(2)(A) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1162(2)(A)) is amended--
(i) by moving clause (v) to after clause
(iv) and before the flush left sentence
beginning with ``In the case of a qualified
beneficiary''; and
(ii) by inserting after clause (v) the
following new clause:
``(vi) Special rule for qualified taa
eligible employees.--In the case of a
qualifying event described in section 603(2),
clauses (i) and (ii) shall not apply to a
qualified TAA eligible employee (as defined in
section 607(6)).''.
(B) Qualified taa eligible employee defined.--
Section 607 of such Act (29 U.S.C. 1167) is amended by
adding at the end the following new paragraph:
``(6) Qualified taa eligible employee.--The term `qualified
TAA eligible employee' means a covered employee, with respect
to a qualifying event, if--
``(A) the qualifying event is attributable to the
conditions specified in section 222 of the Trade Act of
1974 (19 U.S.C. 2272) based on which the Secretary of
Labor has certified a group of workers as eligible to
apply for adjustment assistance under subchapter A of
chapter 2 of title II of such Act;
``(B) such certification applies to the covered
employee; and
``(C) as of the date of such qualifying event the
covered employee has attained age 55 or has completed
10 or more years of service with the employer.''.
(2) Conforming amendments.--Section 602(2)(A) of such Act
(29 U.S.C. 1162(2)(A)) is further amended--
(A) in clause (i), by striking ``In the case of''
and inserting ``Subject to clause (vi), in the case
of''; and
(B) in clause (ii), by striking ``If a qualifying
event'' and inserting ``Subject to clause (vi), if a
qualifying event''.
(b) Effective Date.--
(1) General rule.--The amendments made by this section
shall apply for plan years beginning on or after January 1,
2008.
(2) Special rule for collective bargaining agreements.--In
the case of a group health plan maintained pursuant to one or
more collective bargaining agreements between employee
representatives and one or more employers ratified before the
date of the enactment of this Act, the amendments made by this
section shall not apply to plan years beginning before the
earlier of--
(A) the later of--
(i) the date on which the last of the
collective bargaining agreements relating to
the plan terminates (determined without regard
to any extension thereof agreed to after the
date of the enactment of this Act), or
(ii) July 1, 2008, or
(B) the date which is 3 years after the date of the
enactment of this Act.
SEC. 4. EFFECTIVE DATE.
Except as otherwise provided in this Act, the provisions of this
Act, and the amendments made by this Act, shall take effect on the date
of the enactment of this Act. | Early Warning and Health Care for Workers Affected by Globalization Act - Amends the Worker Adjustment and Retraining Notification Act (the Act) to redefine the terms "employer," "plant closing," "mass layoff", and "employees" for purposes of the Act.
Requires an employer to: (1) give 90-day written notice (under current law, 60-day) to employees (including part-time employees) and appropriate state and local governments before ordering a plant closing or mass layoff; (2) notify the Secretary of Labor (Secretary) of such closing or layoff; and (3) provide affected employees with information regarding benefits and services available to them, including unemployment compensation, trade adjustment assistance, COBRA benefits, and certain other services.
Requires the Secretary to notify the appropriate U.S. Senators and Members of the House of Representatives who represent the area where such closing or mass layoff is to occur.
Makes an employer who violates such notice requirements liable to the employee for, among other things, two days pay (under current law, back pay for each day of violation) multiplied by the number of days short of the required 90 day notice that was not given, including interest on such pay.
Authorizes an affected employee to file a complaint against the employer individually and/or with the Secretary alleging a violation of the notice requirements. Requires the Secretary to investigate and attempt to resolve complaints of violations committed by an employer. Authorizes the Secretary to bring an action in court to recover on behalf of an affected employee any backpay, interest, benefits, and liquidated damages due to the employee.
Requires an employer to post conspicuously upon its premises pertinent provisions of this Act and information on the filing of a complaint. Sets forth a civil penalty for willful violation of such requirement. Provides that the rights and remedies provided in this Act can't be waived. Requires the Secretary to maintain a guide on the benefits and services available to affected employees.
Amends the Employee Retirement Income Security Act of 1974 (ERISA) to extend COBRA continuation coverage for certain qualified Trade Adjustment Assistance (TAA) eligible employees. | {"src": "billsum_train", "title": "To amend the Worker Adjustment and Retraining Notification Act to minimize the adverse effects of employment dislocation, and for other purposes."} | 3,527 | 478 | 0.502732 | 1.583161 | 0.711804 | 3.053398 | 7.424757 | 0.878641 |
SECTION 1. REQUIRING MEDICAID HEALTH MAINTENANCE ORGANIZATIONS TO MAKE
PAYMENTS FOR SERVICES PROVIDED BY SCHOOL-BASED HEALTH
CENTERS.
(a) In General.--Section 1903(m)(2)(A) of the Social Security Act
(42 U.S.C. 1396b(m)(2)(A)) is amended--
(1) by striking ``and'' at the end of clause (x);
(2) by striking the period at the end of clause (xi) and
inserting ``; and''; and
(3) by adding at the end the following new clause:
``(xii) such contract provides that--
``(I) the entity's network of participating
providers of such services shall include at least one
school-based health center (as defined in section
1905(t)), or
``(II) the entity shall enter into a contract for
the provision of such services to such individuals with
each school-based health center (as so defined) located
in the entity's service area, under terms and
conditions (including terms and conditions relating to
patient referrals and the sharing of patient records)
similar to those applicable to a contract between the
entity and a similar provider of such services in the
area (in accordance with standards established by the
Secretary).''.
(b) School-Based Health Centers Described.--Section 1905 of such
Act (42 U.S.C. 1396d) is amended by adding at the end the following new
subsection:
``(t) The term `school-based health center' means a clinic which is
located at an elementary or secondary school and which--
``(1) provides physical examinations, injury treatment,
primary health services, mental health services, and other
services (to the extent permitted under the laws or regulations
of the State in which it is located) on an on-site basis to
students enrolled at the school (without regard to whether or
not the students are enrolled in the State plan under this
title);
``(2) refers students to other providers of health care
services for services which the center does not provide on-
site;
``(3) has entered into arrangements with other providers of
health care services providing services on a 24-hour, emergency
basis;
``(4) has on its staff at least one physician (whether
employed on a part-time or full-time basis); at least one
physician assistant, nurse practitioner, or clinical nurse
specialist; and at least one mental health professional; and
``(5) is approved or certified as such a clinic by the
State in which it is located.''.
(c) Prohibition Against Waiver of Requirement.--The Secretary of
Health and Human Services may not waive (pursuant to section 1115 or
section 1915 of the Social Security Act or otherwise) the application
of section 1903(m)(2)(A)(xii) of the Social Security Act (as added by
subsection (a)) with respect to any State.
(d) Effective Date.--The amendments made by subsections (a) and (b)
shall apply to quarters beginning on or after January 1, 1996.
SEC. 2. ESTABLISHMENT OF CLEARINGHOUSE FOR INFORMATION AND TECHNICAL
ASSISTANCE ON SCHOOL-BASED HEALTH CENTERS.
Not later than March 1, 1996, the Secretary of Health and Human
Services shall establish a clearinghouse through which interested
parties may receive information and technical assistance on the
establishment and operation of school-based health centers.
SEC. 3. GRANTS FOR SCHOOL-BASED HEALTH CENTERS.
(a) In General.--Part D of title III of the Public Health Service
Act (42 U.S.C. 254b et seq.) is amended by adding at the end the
following section:
``school-based health centers
``Sec. 340E. (a) In General.--
``(1) In general.--The Secretary may make grants to public
and nonprofit private entities for the purpose of making
available to school children the health services specified in
subsection (d) at sites that are on or in close proximity to
the premises of a school (or at such other sites as the
Secretary determines to be appropriate to provide school
children with access to the services).
``(2) School children.--For purposes of this section, the
term `school children' means individuals between the ages of 3
and 18 (inclusive).
``(b) Minimum Qualifications for Grantees.--
``(1) Status as medicaid provider.--
``(A) Except as provided in subparagraph (B), the
Secretary may make a grant under subsection (a) only if
the applicant for the grant is a provider of services
under the State plan approved for the State involved
under title XIX of the Social Security Act.
``(B) The requirements established in subparagraph
(A) do not apply to an applicant that provides health
services without charge and does not receive
reimbursement for the services from any third-party
payors.
``(2) Required consultations regarding parents and
teachers.--The Secretary may make a grant under subsection (a)
only if the applicant involved, in preparing the application
under subsection (j), has consulted with parents in the
community in which services under the grant are to be provided,
with teachers at schools in the community, and with the local
educational agency with jurisdiction over such schools.
``(c) Preferences in Making Grants.--In making grants under
subsection (a), the Secretary shall give preference to qualified
applicants that are experienced in delivering health care services to
medically underserved populations or in areas in which a significant
number of children are at risk for health problems.
``(d) Authorized Services.--
``(1) In general.--The Secretary may make a grant under
subsection (a) only if the applicant involved agrees as
follows:
``(A) Each of the following services will be made
available under the grant (as medically appropriate for
the child involved):
``(i) Comprehensive health examinations.
``(ii) Health education and prevention
services, including prenatal care.
``(iii) Follow-up care and referrals
regarding routine health problems.
``(B) Services under subparagraph (A) will include
screenings, follow-up care, and referrals (including
referrals for specialty care) regarding dental, vision,
and hearing services, and regarding sexually-
transmitted diseases and other communicable diseases.
``(2) Option regarding family planning services.--A grantee
under subsection (a) may, at the option of the grantee, expend
the grant under such subsection to provide voluntary family
planning services. The Secretary may not require as a condition
of the receipt of a grant under subsection (a) that an
applicant for the grant agree to provide such services.
``(3) Other services.--In addition to services specified in
any of paragraphs (1) and (2), the Secretary may authorize a
grantee under subsection (a) to expend the grant for such
additional health or health-related services for school
children as the Secretary determines to be appropriate.
``(4) Availability throughout year.--The Secretary may make
a grant under subsection (a) only if the applicant involved
agrees that services under the grant will be available
throughout the year (including any portion of the year during
which the school does not hold classes).
``(e) Cultural Context of Services.--The Secretary may make a grant
under subsection (a) only if the applicant involved agrees that
services under the grant will be provided in the language and cultural
context most appropriate for the individuals to whom the services are
provided.
``(f) Limitation on Imposition of Fees for Services.--The Secretary
may make a grant under subsection (a) only if the applicant involved
agrees that, if a fee is imposed for the provision of services under
the grant, such fee--
``(1) will be made according to a schedule of fees that is
made available to the public;
``(2) will be adjusted to reflect the income and resources
of the school-children involved; and
``(3) will not be imposed on any school child with an
income of less than 150 percent of the applicable official
poverty line (established by the Director of the Office of
Management and Budget and revised by the Secretary in
accordance with section 673(2) of the Omnibus Budget
Reconciliation Act of 1981).
``(g) Matching Funds.--
``(1) In general.--With respect to the costs of the program
to be carried out under subsection (a) by an applicant, the
Secretary, subject to paragraph (3), may make a grant under
such subsection only if the applicant agrees to make available
(directly or through donations from public or private entities)
non-Federal contributions toward such costs in an amount that
is--
``(A) for the first fiscal year for which the
applicant receives such a grant, 10 percent of such
costs;
``(B) for any second such fiscal year, 25 percent
of such costs; and
``(C) for any subsequent such fiscal year, 50
percent of such costs.
``(2) Determination of amount contributed.--Non-Federal
contributions required in paragraph (1) may be in cash or in
kind, fairly evaluated, including plant, equipment, or
services. Amounts provided by the Federal Government, or
services assisted or subsidized to any significant extent by
the Federal Government, may not be included in determining the
amount of such non-Federal contributions.
``(3) Waiver.--The Secretary may for an applicant waive the
requirement of paragraph (1) for a fiscal year if the Secretary
determines that the applicant will be unable to carry out a
program under subsection (a) otherwise. If the Secretary
provides a waiver under the preceding sentence for a grantee
under subsection (a) for a fiscal year, the Secretary may make
a grant to the applicant for the following fiscal year only if
the Secretary reviews the waiver to determine whether the
waiver should remain in effect.
``(h) Additional Agreements.--The Secretary may make a grant under
subsection (a) only if the applicant involved agrees as follows:
``(1) The applicant will maintain the confidentiality of
patient records.
``(2) The applicant will establish an ongoing quality
assurance program regarding services provided under the grant.
``(3) The applicant will not expend more than 10 percent of
the grant for administrative expenses regarding the grant.
``(i) Reports to Secretary.--The Secretary may make a grant under
subsection (a) only if the applicant agrees that, not later than
February 1 of the fiscal year following the fiscal year for which the
grant is to be made, the applicant will submit to the Secretary a
report describing the program carried out by the applicant under the
grant, including provisions on the utilization, cost, and outcome of
services provided under the grant.
``(j) Application for Grant; Plan.--The Secretary may make a grant
under subsection (a) only if an application for the grant is submitted
to the Secretary; the application contains a plan describing the
proposal of the applicant for a program under subsection (a); 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 this section.
``(k) Evaluation of Programs.--The Secretary, directly or through
grants or contracts, shall provide for evaluations of programs carried
out under subsection (a), including the cost-effectiveness and health-
effectiveness of the programs.
``(l) Reports to Congress.--Not later than May 31 of each fiscal
year, the Secretary shall submit to the Congress a report on the
programs carried out under subsection (a). The report shall include a
summary of the evaluations carried out under subsection (k) for the
preceding fiscal year.
``(m) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $100,000,000
for fiscal year 1996, $275,000,000 for fiscal year 1997, $350,000,000
for fiscal year 1998, and $400,000,000 for each of the fiscal years
1999 and 2000.''.
(b) Conforming Amendment.--Part D of title III of the Public Health
Service Act (42 U.S.C 254b et seq.), as amended by section 104 of
Public Law 103-183 (107 Stat. 2230), is amended in the heading for
subpart VIII by striking ``Bulk'' and all that follows and inserting
the following: ``Miscellaneous Provisions Regarding Primary Health
Care''. | Amends title XIX (Medicaid) of the Social Security Act to generally require that, in order for States to receive payment under Medicaid, health maintenance organizations (HMOs) and other managed care plans providing medical assistance to Medicaid beneficiaries must, in addition to current law requirements under the program, provide in their contracts with the State for payment of specifically authorized services by certain school-based health centers.
Directs the Secretary of Health and Human Services to establish a clearinghouse through which interested parties may receive information and technical assistance on the establishment and operation of such centers.
Amends the Public Health Service Act to provide for grants to public and nonprofit private entities for school-based health centers. Authorizes appropriations. | {"src": "billsum_train", "title": "To amend title XIX of the Social Security Act to require health maintenance organizations and other managed care plans providing medical assistance to medicaid beneficiaries to make payments for assistance provided to such beneficiaries by school-based health centers, and for other purposes."} | 2,808 | 151 | 0.536746 | 1.37791 | 0.612464 | 3.036765 | 19.220588 | 0.845588 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Individual Training Account Act of
1994''.
SEC. 2. INDIVIDUAL TRAINING ACCOUNTS.
(a) In General.--Part VII of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to additional itemized
deductions for individuals) is amended by redesignating section 220 as
section 221 and by inserting after section 219 the following new
section:
``SEC. 220. INDIVIDUAL TRAINING ACCOUNTS.
``(a) Deduction Allowed.--In the case of an individual, there shall
be allowed as a deduction the amount paid in cash for the taxable year
by or on behalf of such individual to an individual training account
for the benefit of such individual.
``(b) Limitations.--
``(1) Maximum deduction.--The amount allowed as a deduction
under subsection (a) for any taxable year shall not exceed the
lesser of--
``(A) $2,000, or
``(B) the excess of $6,000 over the aggregate
amount in all individual training accounts of the
individual as of the close of the preceding taxable
year.
The preceding sentence shall be applied separately for each
individual.
``(2) No deduction before beneficiary attains age 18.--No
deduction shall be allowed for any contribution to an
individual training account established for the benefit of an
individual who has not attained age 18 before the close of the
taxable year for which such contribution is made.
``(c) Definitions and Special Rules.--For purposes of this
section--
``(1) Individual training account.--The term `individual
training account' means a trust created or organized in the
United States exclusively for the purpose of paying the
qualified expenses of the individual for whose benefit the
trust is maintained, but only if the written governing
instrument creating the trust meets the following requirements:
``(A) Except in the case of a rollover contribution
described in subsection (d)(3), no contribution will be
accepted--
``(i) unless it is in cash, or
``(ii) in excess of the amount allowed as a
deduction under this section.
``(B) The trustee is a bank (as defined in section
408(n)) or another person who demonstrates to the
satisfaction of the Secretary that the manner in which
that person will administer the trust will be
consistent with the requirements of this section.
``(C) No part of the trust assets will be invested
in life insurance contracts.
``(D) The interest of the individual in the balance
of his account is nonforfeitable.
``(E) The assets of the trust shall not be
commingled with other property except in a common trust
fund or common investment fund.
``(2) Qualified expenses.--The term `qualified expenses'
means--
``(A) job training expenses, and
``(B) job-related relocation expenses.
``(3) Job training expenses.--
``(A) In general.--The term `job training expenses'
means--
``(i) tuition and fees required for the
enrollment or attendance of--
``(I) a student at an eligible
educational institution, or
``(II) a worker in an applicable
training program,
``(ii) fees, books, supplies, and equipment
required for--
``(I) courses of instruction at an
eligible educational institution, or
``(II) for an applicable training
program, and
``(iii) a reasonable allowance for meals
and lodging while attending an eligible
educational institution or an applicable
training program.
``(B) Eligible educational institution.--The term
`eligible educational institution' means--
``(i) an institution of higher education,
or
``(ii) a vocational school.
``(C) Institution of higher education.--The term
`institution of higher education' means the
institutions described in section 1201(a) or 481(a) of
the Higher Education Act of 1965.
``(D) Vocational school.--The term `vocational
school' means an area vocational education school as
defined in subparagraph (C) or (D) of section 521(4) of
the Carl D. Perkins Vocational and Applied Technology
Education Act to the extent such school is located
within any State (as defined in such section).
``(E) Applicable training program.--The term
`applicable training program' means--
``(i) any applicable program (as defined in
section 314(g) of the Job Training Partnership
Act), and
``(ii) any training program approved under
section 236 of the Trade Act of 1974.
``(4) Denial of deduction for amounts paid from account.--
If any amount paid or distributed from an individual training
account is not included in gross income by reason of being used
to pay any qualified expense, such expense shall not be taken
into account in determining the amount of any deduction under
section 212, 217, or any other provision of this chapter.
``(d) Tax Treatment of Distributions.--
``(1) In general.--Except as otherwise provided in this
subsection, any amount paid or distributed out of an individual
training account shall be included in gross income of the payee
or distributee for the taxable year in which the payment or
distribution is received to the extent such amount is not used
exclusively to pay the qualified expenses paid during such
taxable year by the individual for whose benefit the account is
established.
``(2) Excess contributions returned before due date of
return.--Paragraph (1) shall not apply to the distribution of
any contribution paid during a taxable year to an individual
training account to the extent that such contribution exceeds
the amount allowable as a deduction under subsection (a) if--
``(A) such distribution is received on or before
the day prescribed by law (including extensions of
time) for filing such individual's return for such
taxable year,
``(B) no deduction is allowed under subsection (a)
with respect to such excess contribution, and
``(C) such distribution is accompanied by the
amount of net income attributable to such excess
contribution.
Any net income described in subparagraph (C) shall be included
in the gross income of the individual for the taxable year in
which such excess contribution was made.
``(3) Rollovers.--Paragraph (1) shall not apply to any
amount paid or distributed out of a individual training account
to the individual for whose benefit the account is maintained
if the entire amount received (including money and any other
property) is paid into another individual training account for
the benefit of such individual not later than the 60th day
after the day on which he received the payment or distribution.
``(e) Tax Treatment of Accounts.--
``(1) Exemption from tax.--An individual training account
is exempt from taxation under this subtitle unless such account
has ceased to be an individual training account by reason of
paragraph (2). Notwithstanding the preceding sentence, any such
account is subject to the taxes imposed by section 511
(relating to imposition of tax on unrelated business income of
charitable, etc. organizations).
``(2) Loss of exemption of account where individual engages
in prohibited transaction.--
``(A) In general.--If the individual for whose
benefit an individual training account is established
engages in any transaction prohibited by section 4975
with respect to the account, the account shall cease to
be an individual training account as of the first day
of the taxable year during which such transaction
occurs.
``(B) Account treated as distributing all its
assets.--In any case in which any account ceases to be
an individual training account by reason of
subparagraph (A) as of the first day of any taxable
year, paragraph (1) of subsection (d) shall apply as if
there was a distribution on such first day in an amount
equal to the fair market value (on such first day) of
all assets in the account (on such first day) and such
distribution was not used to pay qualified expenses.
``(3) Effect of pledging account as security.--If, during
any taxable year, the individual for whose benefit an
individual training account is established uses the account or
any portion thereof as security for a loan, the portion so used
shall be treated as distributed to the individual so using such
portion and not used to pay qualified expenses.
``(f) Additional Tax on Certain Amounts Included in Gross Income.--
``(1) Distribution not used for qualified expenses.--In the
case of any payment or distribution to which subsection (d)(1)
applies, the tax liability of the payee or distributee under
this chapter for the taxable year in which the payment or
distribution is received shall be increased by an amount equal
to 10 percent of the amount of the payment or distribution
which is includible in the gross income of such payee or
distributee for such taxable year.
``(2) Disqualification cases.--If an amount is includible
in the gross income of an individual for a taxable year because
such amount is required to be treated as a distribution under
paragraph (2) or (3) of subsection (e), such individual's tax
liability under this chapter for such taxable year shall be
increased by an amount equal to 10 percent of such amount
required to be treated as a distribution and included in his
gross income.
``(3) Disability or death cases.--Paragraphs (1) and (2)
shall not apply if the payment or distribution is made after
the individual for whose benefit the individual training
account is maintained becomes disabled within the meaning of
section 72(m)(7) or dies.
``(4) Distributions after age 59\1/2\.--Paragraphs (1) and
(2) shall not apply if the payment or distribution is made
after the date the individual for whose benefit the individual
training account is maintained attains age 59\1/2\.
``(g) Community Property Laws.--This section shall be applied
without regard to any community property laws.
``(h) Custodial Accounts.--For purposes of this section, a
custodial account shall be treated as a trust if the assets of such
account are held by a bank (as defined in section 408(n)) or another
person who demonstrates, to the satisfaction of the Secretary, that the
manner in which he will administer the account will be consistent with
the requirements of this section, and if the custodial account would,
except for the fact that it is not a trust, constitute an individual
training account described in subsection (c)(1). For purposes of this
title, in the case of a custodial account treated as a trust by reason
of the preceding sentence, the custodian of such account shall be
treated as the trustee thereof.
``(i) Reports.--The trustee of an individual training account shall
make such reports regarding such account to the Secretary and to the
individual for whose benefit the account is maintained with respect to
contributions, distributions, and such other matters as the Secretary
may require under regulations. The reports required by this subsection
shall be filed at such time and in such manner and furnished to such
individuals at such time and in such manner as may be required by those
regulations.''
(b) Deduction Allowed in Arriving at Adjusted Gross Income.--
Subsection (a) of section 62 of such Code (relating to retirement
savings) is amended by inserting after paragraph (15) the following new
paragraph:
``(16) Individual training accounts.--The deduction allowed
by section 220 (relating to individual training accounts).''
(c) Tax on Excess Contributions.--Section 4973 of such Code
(relating to tax on excess contributions to individual retirement
accounts, certain section 403(b) contracts, and certain individual
retirement annuities) is amended--
(1) by inserting ``individual training accounts,'' after
``accounts,'' in the heading of such section,
(2) by striking ``or'' at the end of paragraph (1) of
subsection (a),
(3) by redesignating paragraph (2) of subsection (a) as
paragraph (3) and by inserting after paragraph (1) the
following new paragraph:
``(2) an individual training account (within the meaning of
section 220(c)(1)), or'', and
(4) by adding at the end the following new subsection:
``(d) Excess Contributions to Individual Training Accounts.--For
purposes of this section, in the case of an individual training
account, the term `excess contributions' means the amount by which the
amount contributed for the taxable year to the account exceeds the
amount allowable as a deduction under section 220 for such taxable
year. For purposes of this subsection, any contribution which is
distributed out of the individual training account in a distribution to
which section 220(d)(2) applies shall be treated as an amount not
contributed.''
(d) Tax on Prohibited Transactions.--Section 4975 of such Code
(relating to prohibited transactions) is amended--
(1) by adding at the end of subsection (c) the following
new paragraph:
``(4) Special rule for individual training accounts.--An
individual for whose benefit an individual training account is
established shall be exempt from the tax imposed by this
section with respect to any transaction concerning such account
(which would otherwise be taxable under this section) if, with
respect to such transaction, the account ceases to be an
individual training account by reason of the application of
section 220(e)(2)(A) to such account.'', and
(2) by inserting ``, an individual training account
described in section 220(c)(1),'' in subsection (e)(1) after
``described in section 408(a)''.
(e) Failure To Provide Reports on Individual Training Accounts.--
Section 6693 of such Code (relating to failure to provide reports on
individual retirement accounts or annuities) is amended--
(1) by inserting ``or on individual training accounts''
after ``annuities'' in the heading of such section, and
(2) by adding at the end of subsection (a) the following
new sentence: ``The person required by section 220(i) to file a
report regarding an individual training account at the time and
in the manner required by such section shall pay a penalty of
$50 for each failure, unless it is shown that such failure is
due to reasonable cause.''.
(f) Clerical Amendments.--
(1) The table of sections for part VII of subchapter B of
chapter 1 of such Code is amended by striking the item relating
to section 220 and inserting the following new items:
``Sec. 220. Individual training accounts.
``Sec. 221. Cross reference.''
(2) The table of sections for chapter 43 of such Code is
amended by striking the item relating to section 4973 and
inserting the following new item:
``Sec. 4973. Tax on excess contributions
to individual retirement
accounts, individual training
accounts, certain 403(b)
contracts, and certain
individual retirement
annuities.''
(3) The table of sections for subchapter B of chapter 68 of
such Code is amended by striking the item relating to section
6693 and inserting the following new item:
``Sec. 6693. Failure to provide reports
on individual retirement
accounts or annuities or on
individual training accounts.''
(g) Effective Date.--The amendments made by this section shall
apply to contributions made for taxable years beginning after December
31, 1994. | Individual Training Account Act of 1994 - Amends the Internal Revenue Code to allow an individual a deduction for amounts paid yearly into an individual training account for the benefit of such individual. Describes such account as one to pay the expenses of job training and job-related relocation. | {"src": "billsum_train", "title": "Individual Training Account Act of 1994"} | 3,445 | 60 | 0.547723 | 1.341613 | 0.373963 | 3.096154 | 61.807692 | 0.903846 |
SECTION 1. WITHDRAWAL OF CONSENT OF CONGRESS TO DELAWARE RIVER PORT
AUTHORITY INTERSTATE COMPACT.
(a) In General.--Effective upon the expiration of the 1-year period
which begins on the date of the enactment of this Act, and subject to
subsection (b), Congress withdraws the consent given under Public Law
82-573 to the supplemental compact or agreement between the State of
New Jersey and the Commonwealth of Pennsylvania concerning the Delaware
River Port Authority (hereafter in this Act referred to as the
``Authority'').
(b) Waiver of Withdrawal.--Subsection (a) shall not apply if, prior
to the expiration of the period described in such subsection, the
Delaware River Port Authority--
(1) establishes an Office of the Inspector General of the
Authority in accordance with section 2;
(2) establishes a Citizens Advisory Board in accordance
with section 3;
(3) certifies to Congress that the Governor of Pennsylvania
has the same authority to make line-item vetoes of items in the
budget of the Authority as the Governor of New Jersey;
(4) enters into an agreement with the Secretary of Defense
under which an officer of the Department of Defense designated
by the Secretary shall serve as a Commissioner of the Authority
on an ex officio basis; and
(5) enters into an agreement with the appropriate officials
of the Federal Government under which the Authority will
reimburse the Federal Government for any expenses incurred by
any entity of the Federal Government in carrying out any
requirement of this Act.
SEC. 2. INSPECTOR GENERAL OF THE DELAWARE RIVER PORT AUTHORITY.
(a) Establishment of Office.--The Authority shall establish in the
Authority an Office of the Inspector General (hereafter referred to as
the ``Office''), to be headed by the Inspector General of the Delaware
River Port Authority (hereafter referred to as the ``Inspector
General'').
(b) Inspector General.--
(1) Appointment.--The Inspector General shall be appointed
by the vote of a majority of the Commissioners of the
Authority, and shall be appointed without regard to political
affiliation and solely on the basis of integrity and
demonstrated ability in accounting, auditing, financial
analysis, law, management analysis, public administration, or
investigations, as well as familiarity or experience with the
operation of transit systems.
(2) Term of service.--The Inspector General shall serve for
a term of 5 years, and an individual serving as Inspector
General may be reappointed for not more than 2 additional
terms.
(3) Removal.--The Inspector General may be removed from
office prior to the expiration of his term only by the
unanimous vote of all of the members of the Commissioners of
the Authority, and the Authority shall communicate the reasons
for any such removal to the Governor of Pennsylvania, the
Governor of New Jersey, each Member of Congress from
Pennsylvania, and each Member of Congress from New Jersey.
(c) Duties.--
(1) Applicability of duties of inspector general of
executive branch establishment.--The Inspector General shall
carry out the same duties and responsibilities with respect to
the Authority as an Inspector General of an establishment
carries out with respect to an establishment under section 4 of
the Inspector General Act of 1978 (5 U.S.C. App. 4), under the
same terms and conditions which apply under such section.
(2) Conducting annual audit of financial statements.--The
Inspector General shall be responsible for conducting the
annual audit of the financial accounts of the Authority, either
directly or by contract with an independent external auditor
selected by the Inspector General.
(3) Reports.--
(A) Semiannual reports to authority.--The Inspector
General shall prepare and submit semiannual reports
summarizing the activities of the Office in the same
manner, and in accordance with the same deadlines,
terms, and conditions, as an Inspector General of an
establishment under section 5 of the Inspector General
Act of 1978 (5 U.S.C. App. 5). For purposes of applying
section 5 of such Act to the Inspector General, the
Commissioners of the Authority shall be considered the
head of the establishment, except that the Inspector
General shall transmit to the Executive Director of the
Authority a copy of any report submitted to the
Commissioners pursuant to this paragraph.
(B) Annual reports to local signatory governments
and congress.--Not later than January 15 of each year,
the Inspector General shall prepare and submit a report
summarizing the activities of the Office during the
previous year, and shall submit such reports to the
Governor of Pennsylvania, the Governor of New Jersey,
each Member of Congress from Pennsylvania, and each
Member of Congress from New Jersey.
(4) Investigations of complaints of employees and
members.--
(A) Authority.--The Inspector General may receive
and investigate complaints or information from an
employee or member of the Authority concerning the
possible existence of an activity constituting a
violation of law, rules, or regulations, or
mismanagement, gross waste of funds, abuse of
authority, or a substantial and specific danger to the
public health and safety.
(B) Nondisclosure.--The Inspector General shall
not, after receipt of a complaint or information from
an employee or member, disclose the identity of the
employee or member without the consent of the employee
or member, unless the Inspector General determines such
disclosure is unavoidable during the course of the
investigation.
(C) Prohibiting retaliation.--An employee or member
of the Authority who has authority to take, direct
others to take, recommend, or approve any personnel
action, shall not, with respect to such authority, take
or threaten to take any action against any employee or
member as a reprisal for making a complaint or
disclosing information to the Inspector General, unless
the complaint was made or the information disclosed
with the knowledge that it was false or with willful
disregard for its truth or falsity.
(5) Independence in carrying out duties.--Neither the
Commissioners of the Authority, the Executive Director of the
Authority, nor any other member or employee of the Transit
Authority may prevent or prohibit the Inspector General from
carrying out any of the duties or responsibilities assigned to
the Inspector General under this section.
(d) Powers.--
(1) In general.--The Inspector General may exercise the
same authorities with respect to the Authority as an Inspector
General of an establishment may exercise with respect to an
establishment under section 6(a) of the Inspector General Act
of 1978 (5 U.S.C. App. 6(a)), other than paragraphs (7), (8),
and (9) of such section.
(2) Staff.--
(A) Assistant inspector generals and other staff.--
The Inspector General shall appoint and fix the pay
of--
(i) an Assistant Inspector General for
Audits, who shall be responsible for
coordinating the activities of the Inspector
General relating to audits;
(ii) an Assistant Inspector General for
Investigations, who shall be responsible for
coordinating the activities of the Inspector
General relating to investigations; and
(iii) such other personnel as the Inspector
General considers appropriate.
(B) Independence in appointing staff.--No
individual may carry out any of the duties or
responsibilities of the Office unless the individual is
appointed by the Inspector General, or provides
services procured by the Inspector General, pursuant to
this paragraph. Nothing in this subparagraph may be
construed to prohibit the Inspector General from
entering into a contract or other arrangement for the
provision of services under this section.
(C) Applicability of authority personnel rules.--
None of the regulations governing the appointment and
pay of employees of the Authority shall apply with
respect to the appointment and compensation of the
personnel of the Office, except to the extent agreed to
by the Inspector General. Nothing in the previous
sentence may be construed to affect subparagraphs (A)
through (B).
(3) Equipment and supplies.--The Executive Director of the
Authority shall provide the Office with appropriate and
adequate office space, together with such equipment, supplies,
and communications facilities and services as may be necessary
for the operation of the Office, and shall provide necessary
maintenance services for such office space and the equipment
and facilities located therein.
(e) Transfer of Functions.--To the extent that any office or entity
in the Authority prior to the appointment of the first Inspector
General under this section carried out any of the duties and
responsibilities assigned to the Inspector General under this section,
the functions of such office or entity shall be transferred to the
Office upon the appointment of the first Inspector General under this
section.
SEC. 3. CITIZENS ADVISORY BOARD OF THE DELAWARE RIVER PORT AUTHORITY.
(a) Establishment.--The Authority shall establish in the Authority
the Delaware River Port Authority Citizens Advisory Board (hereafter
referred to as the ``Advisory Board'').
(b) Board.--
(1) Membership; appointment.--The Advisory Board shall
consist of 12 Members, of whom--
(A) 3 shall be appointed jointly by Members of
Congress representing jurisdictions in Pennsylvania
served by the Authority;
(B) 3 shall be appointed jointly by Members of
Congress representing jurisdictions in New Jersey
served by the Authority;
(C) 3 shall be appointed by the Governor of
Pennsylvania; and
(D) 3 shall be appointed by the Governor of New
Jersey.
(2) Chair.--In addition to the Members appointed under
paragraph (1), the Board shall have an additional Member who
shall be the Chair and who shall be appointed for a single 2-
year term as follows:
(A) The Chair appointed for the first 2-year term
under this paragraph shall be appointed jointly by
Members of Congress representing jurisdictions in New
Jersey served by the Authority.
(B) The Chair appointed for the next 2-year term
shall be appointed jointly by Members of Congress
representing jurisdictions in Pennsylvania served by
the Authority.
(C) The Chair appointed for the next 2-year term
shall be appointed by the Governor of Pennsylvania.
(D) The Chair appointed for the next 2-year term
shall be appointed by the Governor of New Jersey.
(E) The Chair appointed for any subsequent 2-year
term shall be appointed in the same manner and in the
same order as provided under subparagraphs (A) through
(D).
(3) Qualifications.--Members of the Advisory Board shall be
individuals who are regular consumers of the services provided
by the Authority.
(4) Term of service; vacancy.--A Member of the Advisory
Board shall serve for a term of 2 years, and may be reappointed
for additional terms. A vacancy in the membership of the
Advisory Board shall be filled in the same manner as the
original appointment.
(5) No pay for service.--Members of the Advisory Board
shall serve without pay, but shall be compensated for travel
expenses incurred in attending meetings of the Advisory Board.
(c) Duties.--
(1) In general.--The Advisory Board shall solicit input
from regular consumers of the services provided by the
Authority and advise the Commissioners of the Authority on
issues relating to the operation of the Authority which affect
such consumers.
(2) Meetings.--The Advisory Board shall hold a regular
meeting which shall be open to the public each calendar
quarter.
(3) Annual report.--
(A) Report required.--Not later than 45 days after
the end of each calendar year, the Advisory Board shall
submit a report to the Commissioners of the Authority
which describes the Advisory Board's activities during
the year, and shall include in the report such
recommendations relating to the operation of the
Authority as the Advisory Board considers appropriate.
(B) Response by commissioners.--Not later than 45
days after the receiving the annual report for a year
from the Advisory Board under subparagraph (A), the
Commissioners shall hold a public meeting for the sole
purpose of reviewing the report.
(d) Equipment and Supplies.--The Executive Director of the
Authority shall provide the Advisory Board with appropriate and
adequate office space, together with such equipment, supplies, and
communications facilities and services as may be necessary for the
operation of the Advisory Board, and shall provide necessary
maintenance services for such office space and the equipment and
facilities located therein. | Withdraws the consent of Congress to the Delaware River Port Authority interstate compact entered into between the state of New Jersey and the Commonwealth of Pennsylvania. Prescribes conditions for waiver of such withdrawal.
Directs the Authority to establish: (1) an Office of the Inspector General of the Delaware River Port Authority; and (2) the Delaware River Port Authority Citizens Advisory Board. | {"src": "billsum_train", "title": "To withdraw the consent of Congress to the interstate compact between the State of New Jersey and the Commonwealth of Pennsylvania concerning the Delaware River Port Authority, and for other purposes."} | 2,623 | 74 | 0.601297 | 1.600948 | 1.017262 | 4.225352 | 35.084507 | 0.957746 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ninth Circuit Court of Appeals
Reorganization Act of 2003''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Former ninth circuit.--The term ``former ninth
circuit'' means the ninth judicial circuit of the United States
as in existence on the day before the effective date of this
Act.
(2) New ninth circuit.--The term ``new ninth circuit''
means the ninth judicial circuit of the United States
established by the amendment made by section 3(2)(A).
(3) Twelfth circuit.--The term ``twelfth circuit'' means
the twelfth judicial circuit of the United States established
by the amendment made by section 3(2)(C).
SEC. 3. NUMBER AND COMPOSITION OF CIRCUITS.
Section 41 of title 28, United States Code, is amended--
(1) in the matter before the table, by striking
``thirteen'' and inserting ``fourteen''; and
(2) in the table--
(A) by striking the item relating to the ninth
circuit and inserting the following:
``Ninth................ California, Nevada.'';
and
(B) by inserting between the last 2 items the
following:
``Twelfth.............. Alaska, Arizona, Guam, Hawaii, Idaho, Montana, Northern Mariana Islands,
Oregon, Washington.''.
SEC. 4. NUMBER OF CIRCUIT JUDGES.
The table in section 44(a) of title 28, United States Code, is
amended--
(1) by striking the item relating to the ninth circuit and
inserting the following:
``Ninth....................................... 25'';
and
(2) by inserting between the last 2 items the following:
``Twelfth..................................... 13.''
SEC. 5. PLACES OF CIRCUIT COURT.
The table in section 48(a) of title 28, United States Code, is
amended--
(1) by striking the item relating to the ninth circuit and
inserting the following:
``Ninth................ San Francisco, Los Angeles.'';
and
(2) by inserting between the last 2 items at the end the
following:
``Twelfth.............. Portland, Seattle.''.
SEC. 6. ELECTION OF ASSIGNMENT BY CIRCUIT JUDGES.
(a) In General.--Except as provided in subsection (b) and
notwithstanding section 44(c) of title 28, United States Code, each
circuit judge who is in regular active service, and each judge who is a
senior judge, of the former ninth circuit on the day before the
effective date of this Act may elect to be assigned to the new ninth
circuit or to the twelfth circuit and shall notify the Director of the
Administrative Office of the United States Courts of such election.
SEC. 7. SENIORITY OF JUDGES.
The seniority of each judge who elects to be assigned under section
6 shall run from the date of commission of such judge as a judge of the
former ninth circuit.
SEC. 8. APPLICATION TO CASES.
(a) In General.--The provisions of the following paragraphs of this
subsection apply to any case in which, on the day before the effective
date of this Act, an appeal or other proceeding has been filed with the
former ninth circuit:
(1) If the matter has been submitted for decision, further
proceedings in respect of the matter shall be had in the same
manner and with the same effect as if this Act had not been
enacted.
(2) If the matter has not been submitted for decision, the
appeal or proceeding, together with the original papers,
printed records, and record entries duly certified, shall, by
appropriate orders, be transferred to the court to which the
matter would have been submitted had this Act been in full
force and effect at the time such appeal was taken or other
proceeding commenced, and further proceedings in respect of the
case shall be had in the same manner and with the same effect
as if the appeal or other proceeding had been filed in such
court.
(3) A petition for rehearing or a petition for re-hearing
en banc in a matter decided before the effective date of this
Act, or submitted before the effective date of this Act and
decided on or after the effective date as provided in paragraph
(1), shall be treated in the same manner and with the same
effect as though this Act had not been enacted. If a petition
for rehearing en banc is granted, the matter shall be reheard
by a court comprised as though this Act had not been enacted.
SEC. 9. ADMINISTRATION.
(a) Actions.--The former ninth circuit as constituted on the day
before the effective date of this Act may take such administrative
actions as may be required to carry out this Act and the amendments
made by this Act.
(b) Termination.--The former ninth circuit shall cease to exist for
administrative purposes on July 1, 2005.
(c) Meetings.--During the 10 years following the date of enactment
of this Act, the new ninth circuit and the twelfth circuit may meet in
either circuit's jurisdiction.
SEC. 10. EFFECTIVE DATE.
This Act and the amendments made by this Act shall become effective
on October 1, 2003. | Ninth Circuit Court of Appeals Reorganization Act of 2003 - Divides the current U.S. Court of Appeals for the ninth circuit into: (1) the ninth circuit, composed of California and Nevada, consisting of 25 judges, and holding regular sessions in San Francisco and Los Angeles; and (2) the twelfth circuit, composed of Alaska, Arizona, Guam, Hawaii, Idaho, Montana, Northern Mariana Islands, Oregon, and Washington, consisting of 13 judges, and holding regular sessions in Portland and Seattle.Authorizes a circuit judge of the former ninth circuit who is in regular active service or who is a senior judge to elect to be assigned to either of the two new circuits. | {"src": "billsum_train", "title": "A bill to amend chapter 3 of title 28, United States Code, to divide the Ninth Judicial Circuit of the United States into 2 circuits, and for other purposes."} | 1,178 | 152 | 0.534737 | 1.352666 | 0.706068 | 3.992366 | 8.221374 | 0.89313 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Estate Tax Reduction Act of 2005''.
SEC. 2. 20 PERCENT REDUCTION IN ESTATE TAX RATES.
(a) In General.--Subsection (c) of section 2001 of the Internal
Revenue Code of 1986 is amended to read as follows:
``(c) Rate Schedule.--
``If the amount with respect to The tentative tax is:
which the tentative tax is
to be computed is:
Not over $10,000...............
14.4% of such amount.
Over $10,000 but not over
$20,000.
$1,440, plus 16% of the excess
of such amount over
$10,000
Over $20,000 but not over
$40,000.
$3,040, plus 17.6% of the
excess of such amount
over $20,000
Over $40,000 but not over
$60,000.
$6,560, plus 19.2% of the
excess of such amount
over $40,000
Over $60,000 but not over
$80,000.
$10,400, plus 20.8% of the
excess of such amount
over $60,000
Over $80,000 but not over
$100,000.
$14,560, plus 22.4% of the
excess of such amount
over $80,000
Over $100,000 but not over
$150,000.
$19,040, plus 24% of the excess
of such amount over
$100,000
Over $150,000 but not over
$250,000.
$31,040, plus 25.6% of the
excess of such amount
over $150,000
Over $250,000 but not over
$500,000.
$56,640, plus 27.2% of the
excess of such amount
over $250,000
Over $500,000 but not over
$750,000.
$124,640, plus 29.6% of the
excess of such amount
over $500,000
Over $750,000 but not over
$1,000,000.
$198,640, plus 31.2% of the
excess of such amount
over $750,000
Over $1,000,000 but not over
$1,250,000.
$276,640, plus 32.8% of the
excess of such amount
over $1,000,000
Over $1,250,000 but not over
$1,500,000.
$358,640, plus 34.4% of the
excess of such amount
over $1,250,000
Over $1,500,000 but not over
$2,000,000.
$444,640, plus 36% of the
excess of such amount
over $1,500,000
Over $2,000,000................
$624,640, plus 39.2% of the
excess of such amount
over $2,000,000.''.
(b) Effective Date.--The amendment made by this section shall apply
to estates of decedents dying, and gifts made, after the date of the
enactment of this Act.
SEC. 3. UNIFIED CREDIT INCREASED TO EQUIVALENT OF $3,000,000 EXCLUSION;
INFLATION ADJUSTMENT OF UNIFIED CREDIT.
(a) Increase in Unified Credit.--Subsection (c) of section 2010 of
the Internal Revenue Code of 1986 (relating to applicable credit
amount) is amended by striking all that follows ``were the applicable
exclusion amount'' and inserting ``. For purposes of the preceding
sentence, the applicable exclusion amount is $3,000,000.''
(b) Inflation Adjustment.--Section 2010 of such Code is amended by
redesignating subsection (d) as subsection (e) and by inserting after
subsection (c) the following new subsection:
``(d) Cost-of-Living Adjustment.--In the case of any decedent
dying, and gift made, in a calendar year after 2005, the $3,000,000
amount set forth in subsection (c) shall be increased by an amount
equal to--
``(1) $3,000,000, multiplied by
``(2) the cost-of-living adjustment determined under
section 1(f)(3) for such calendar year by substituting
`calendar year 2004' for `calendar year 1992' in subparagraph
(B) thereof.
If any amount as adjusted under the preceding sentence is not a
multiple of $10,000, such amount shall be rounded to the nearest
multiple of $10,000.''.
(c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying, and gifts made, after the date of
the enactment of this Act. | Estate Tax Reduction Act of 2005 - Amends the Internal Revenue Code to reduce estate tax rates and increase the unified estate tax credit to $3 million, with an inflation adjustment to such credit amount beginning in 2006. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to reduce estate tax rates by 20 percent, to increase the unified credit against estate and gift taxes to the equivalent of a $3,000,000 exclusion and to provide an inflation adjustment of such amount, and for other purposes."} | 904 | 45 | 0.389032 | 0.980964 | 0.132153 | 2.146341 | 20.878049 | 0.878049 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tribal Gaming Eligibility Act''.
SEC. 2. GAMING ON LAND ACQUIRED AFTER OCTOBER 17, 1988.
Section 20 of the Indian Gaming Regulatory Act (25 U.S.C. 2719) is
amended--
(1) by striking the section designation and heading and all
that follows through ``(a) Except'' and inserting the
following:
``SEC. 20. GAMING ON LAND ACQUIRED AFTER OCTOBER 17, 1988.
``(a) In General.--Except''; and
(2) in subsection (b)--
(A) in paragraph (1)(B), in the matter preceding
clause (i), by inserting ``subject to paragraph (2),''
before ``lands are taken'';
(B) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively;
(C) by inserting after paragraph (1) the following:
``(2) Applicability to certain land.--
``(A) In general.--Except as provided in
subparagraph (D), effective beginning on the date of
enactment of the Tribal Gaming Eligibility Act, in
addition to any other requirements under applicable
Federal law, gaming conducted pursuant to an exception
under paragraph (1)(B) shall not be conducted on land
taken into trust after October 17, 1988, by the United
States for the benefit of an Indian tribe unless the
Secretary determines, on the date the land is taken
into trust, that the Indian tribe--
``(i) has received a written determination
by the Secretary that the land is eligible to
be used for gaming under this section; and
``(ii) demonstrates--
``(I) in accordance with
subparagraph (B), a substantial,
direct, modern connection to the land
taken into trust, as of October 17,
1988; and
``(II) in accordance with
subparagraph (C), a substantial,
direct, aboriginal connection to the
land taken into trust.
``(B) Substantial, direct, modern connection.--In
making a determination under subparagraph (A)(ii)(I)
that an Indian tribe demonstrates a substantial,
direct, modern connection to land taken into trust as
of October 17, 1988, the Secretary shall certify that--
``(i) if the Indian tribe has a
reservation--
``(I) the land is located within a
25-mile radius of the tribal
headquarters or other tribal
governmental facilities of the Indian
tribe on the reservation;
``(II) the Indian tribe has
demonstrated a temporal connection to,
or routine presence on, the land during
the period beginning on October 17,
1988, and ending on the date of the
certification; and
``(III) the Indian tribe has not
been recognized or restored to Federal
recognition status during the 5-year
period preceding the date of the
certification; or
``(ii) if the Indian tribe does not have a
reservation--
``(I) the land is located within a
25-mile radius of an area in which a
significant number of members of the
Indian tribe reside;
``(II) the Indian tribe has
demonstrated a temporal connection to,
or routine presence on, the land during
the period beginning on October 17,
1988, and ending on the date of the
certification; and
``(III)(aa) the land was included
in the first-submitted request of the
Indian tribe for newly acquired land
since the date on which the Indian
tribe was recognized or restored to
Federal recognition; or
``(bb)(AA) the application to take
the land into trust was received by the
Secretary during the 5-year period
beginning on the date on which the
Indian tribe was recognized or restored
to Federal recognition; and
``(BB) the Indian tribe is not
conducting any gaming activity on any
other land.
``(C) Substantial, direct, aboriginal connection.--
In making a determination under subparagraph
(A)(ii)(II) that an Indian tribe demonstrates a
substantial, direct, aboriginal connection to land, the
Secretary shall take into consideration some or all of
the following factors:
``(i) The historical presence of the Indian
tribe on the land, including any land to which
the Indian tribe was relocated pursuant to the
forcible removal of tribal members from land as
a result of acts of violence, an Act of
Congress, a Federal or State administrative
action, or a judicial order.
``(ii) Whether the membership of the tribe
can demonstrate lineal descendent or cultural
affiliation, in accordance with section 10.14
of title 43, Code of Federal Regulations (or a
successor regulation).
``(iii) The area in which the unique
language of the Indian tribe has been used.
``(iv) The proximity of the land to
culturally significant sites of the Indian
tribe.
``(v) The forcible removal of tribal
members from land as a result of acts of
violence, an Act of Congress, a Federal or
State administrative action, or a judicial
order.
``(vi) Other factors that demonstrate a
temporal presence of the Indian tribe on the
land prior to the first interactions of the
Indian tribe with nonnative individuals, the
Federal Government, or any other sovereign
entity.
``(D) Exceptions.--
``(i) In general.--Subparagraphs (A)
through (C) shall not apply--
``(I) to any land on which gaming
regulated by this Act will not take
place;
``(II) to any land located within,
or contiguous to, the boundaries of the
reservation of an Indian tribe, as of
October 17, 1988;
``(III) if--
``(aa) the relevant Indian
tribe did not have a
reservation on October 17,
1988; and
``(bb) the land is
located--
``(AA) in the State
of Oklahoma and within
the boundaries of the
former reservation of
the Indian tribe, as
defined by the
Secretary, or
contiguous to other
land held in trust or
restricted status by
the United States for
the Indian tribe in the
State of Oklahoma; or
``(BB) in a State
other than Oklahoma and
within the last
recognized reservation
of the Indian tribe in
any State in which the
Indian tribe is
presently located; or
``(IV) if the relevant Indian tribe
has--
``(aa) taken land into
trust during the period
beginning on October 17, 1988,
and ending on the date of
enactment of the Tribal Gaming
Eligibility Act; and
``(bb) has received a
written determination by the
Secretary that the land is
eligible to be used for gaming
under this section.
``(ii) Certain decisions.--
``(I) In general.--Subject to
subclause (II), subparagraphs (A)
through (C) shall not apply to a final
agency decision issued before the date
of enactment of the Tribal Gaming
Eligibility Act.
``(II) Pending applications.--
Subparagraphs (A) through (C) shall
apply to an application that is
pending, but for which a final agency
decision has not been made, as of the
date of enactment of the Tribal Gaming
Eligibility Act.
``(E) Administration.--An action under this
paragraph shall be considered a final administrative
action for purposes of subchapter II of chapter 5, and
chapter 7, of title 5, United States Code (commonly
known as the `Administrative Procedure Act').''; and
(D) in paragraph (4) (as redesignated by
subparagraph (B)), by striking ``paragraph (2)(B)'' and
inserting ``paragraph (3)(B),''. | Tribal Gaming Eligibility Act - Amends the Indian Gaming Regulatory Act to place restrictions on the conduct of gaming on lands taken into trust for an Indian tribe after October 17, 1988, as part of the settlement of a land claim, initial reservation of a newly recognized tribe, or restoration of lands for a tribe that has its federal recognition restored.
Prohibits gaming on such lands, with specified exceptions, unless the Secretary of the Interior determines that the land is eligible for gaming and the tribe demonstrates: (1) a substantial, direct, modern connection to the land as of October 17, 1988; and (2) a substantial, direct, aboriginal connection to the land. (The Secretary and the state in which the gaming is proposed can still allow gaming on lands acquired for a tribe after October 17, 1988, if they concur that it is in the best interest of the tribe and its members.) | {"src": "billsum_train", "title": "A bill to amend the Indian Gaming Regulatory Act to modify a provision relating to gaming on land acquired after October 17, 1988."} | 1,734 | 196 | 0.67976 | 1.786745 | 0.689318 | 2.519774 | 9.412429 | 0.870056 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Investing in America's Small
Manufacturers Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In 2015, manufacturers contributed over
$2,000,000,000,000 to the United States economy and accounted
for over 12 percent of United States gross domestic product.
(2) Manufacturing is one of the most important sectors of
the United States economy with respect to employment. In 2013,
the manufacturing sector supported over 17,000,000 indirect
jobs in the United States, in addition to the 12,000,000
individuals who were directly employed in manufacturing.
Combined, these indirect and direct manufacturing jobs
represented more than 20 percent of United States employment in
2013--more than any other sector.
(3) While the United States has added over 14,000,000 non-
farm jobs since 2010, manufacturing job growth has lagged and
added only approximately 900,000 jobs. Post-recession job
recovery averages since the 1940s indicate that another
1,200,000 manufacturing jobs should have been created during
this period.
(4) Small manufacturers are the backbone of the United
States manufacturing industry, accounting for nearly half of
all manufacturing jobs in the United States. Ensuring that
small manufacturers have adequate access to capital is critical
to creating manufacturing jobs and the growth of the United
States economy.
(5) The 2015 Federal Reserve Small Business Credit Survey
indicates that of the 52 percent of manufacturers that applied
for financing during the survey period, 65 percent did so to
expand their business or to pursue a new business opportunity.
The survey also indicates that 42 percent of manufacturers
received less financing than they requested, the primary result
of which was delayed expansion of their business.
(6) The loan guarantee programs of the Small Business
Administration under section 7(a) of the Small Business Act (15
U.S.C. 636(a)) and title V of the Small Business Investment Act
of 1958 (15 U.S.C. 695 et seq.) encourage lenders to provide
loans to creditworthy small businesses that would not otherwise
obtain financing on reasonable terms and conditions and can
serve as an excellent mechanism by which to increase the
availability of affordable credit to small manufacturers in the
United States.
SEC. 3. SMALL MANUFACTURERS.
(a) Loan Guarantee Percentage.--Section 7(a)(2) of the Small
Business Act (15 U.S.C. 636(a)(2)) is amended--
(1) in subparagraph (A), in the matter preceding clause
(i), by striking ``and (E)'' and inserting ``(E), and (F)'';
and
(2) by adding at the end the following:
``(F) Participation for manufacturers.--
``(i) In general.--In an agreement to
participate in a loan on a deferred basis under
this subsection for a small business concern
assigned to a North American Industry
Classification System code for manufacturing or
that is designated by the Administrator under
clause (ii), the participation by the
Administration shall be 90 percent.
``(ii) Addition of advanced manufacturing
sectors.--After submitting notice to the
Committee on Small Business and
Entrepreneurship of the Senate and the
Committee on Small Business of the House of
Representatives, the Administrator may
designate a North American Industry
Classification System code for purposes of
clause (i) if the Administrator determines the
code--
``(I) is not a manufacturing code
under the North American Industry
Classification System; and
``(II) corresponds to a sector in
which manufacturing is a considerable
component of the operations of a small
business concern, as determined by the
Administrator, including advanced
manufacturing.''.
(b) Guarantee Fee Reduction.--Section 7(a)(18) of the Small
Business Act (15 U.S.C. 636(a)(18)) is amended--
(1) in subparagraph (A), by striking ``With respect'' and
inserting ``Except as provided in subparagraph (C), with
respect''; and
(2) by adding at the end the following:
``(C) Manufacturers.--
``(i) In general.--Subject to clause (ii),
with respect to a loan guaranteed under this
subsection for a small business concern
described in paragraph (2)(F)(i)--
``(I) the Administration may not
collect a guarantee fee under this
paragraph for a loan of not more than
$350,000; and
``(II) for a loan of more than
$350,000, the Administration shall
collect a guarantee fee under this
paragraph equal to 50 percent of the
guarantee fee that the Administration
would otherwise collect for the loan.
``(ii) Exception.--The requirements of
clause (i) shall not apply to loans made during
a fiscal year if--
``(I) the budget of the President
for that fiscal year, submitted to
Congress under section 1105(a) of title
31, United States Code, includes a cost
for the program established under this
subsection that is above zero; and
``(II) the Administrator submits to
Congress--
``(aa) notice regarding the
determination of cost described
in subclause (I); and
``(bb) a detailed
discussion indicating why not
implementing clause (i) will
cause the cost of the program
established under this
subsection to be not more than
zero.''.
(c) Assistance Through SBA Programs.--The Small Business Act (15
U.S.C. 631 et seq.) is amended--
(1) in section 7(a) (15 U.S.C. 636(a)), by adding at the
end the following:
``(35) Assistance for small manufacturers.--The
Administrator shall ensure that each district office of the
Administration provides training to small business concerns
described in paragraph (2)(F)(i) in obtaining assistance under
this subsection, including with respect to the application
process and partnering with participating lenders under this
subsection.'';
(2) in section 8 (15 U.S.C. 637), by striking subsection
(c) and inserting the following:
``(c) Assistance for Small Manufacturers in SCORE Program.--
``(1) Definition.--In this subsection, the term `SCORE
program' means the Service Corps of Retired Executives
authorized under subsection (b)(1)(B).
``(2) Volunteers.--Under the SCORE program, the
Administrator shall recruit volunteers to assist small business
concerns described in section 7(a)(2)(F)(i) in obtaining
assistance under section 7(a) and title V of the Small Business
Investment Act of 1958 (15 U.S.C. 695 et seq.), including with
respect to the application process and partnering with
participating lenders under that section.'';
(3) in section 21(c)(3) (15 U.S.C. 648(c)(3))--
(A) in subparagraph (S), by striking ``and'' at the
end;
(B) in subparagraph (T), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(U) providing training to small business concerns
described in section 7(a)(2)(F)(i) in obtaining
assistance under section 7(a) and title V of the Small
Business Investment Act of 1958 (15 U.S.C. 695 et
seq.), including with respect to the application
process and partnering with participating lenders under
that section.'';
(4) in section 29(b) (15 U.S.C. 656(b))--
(A) in paragraph (2), by striking ``and'' at the
end;
(B) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(4) training to small business concerns owned and
controlled by women that are small business concerns described
in section 7(a)(2)(F)(i) in obtaining assistance under section
7(a) and title V of the Small Business Investment Act of 1958
(15 U.S.C. 695 et seq.), including with respect to the
application process and partnering with participating lenders
under that section.''; and
(5) in section 32 (15 U.S.C. 657b), by adding at the end
the following:
``(g) Assistance for Small Manufacturers.--The Associate
Administrator shall ensure that Veterans Business Outreach Centers
assist small business concerns described in section 7(a)(2)(F)(i) in
obtaining assistance under section 7(a) and title V of the Small
Business Investment Act of 1958 (15 U.S.C. 695 et seq.), including with
respect to the application process and partnering with participating
lenders under that section.''.
(d) Partnering With NIST.--The Small Business Administration and
its resource partners may establish partnerships with the Hollings
Manufacturing Extension Partnership Program of the National Institute
of Standards and Technology and its affiliated centers to facilitate
outreach to small manufacturers in providing training and guidance with
respect to the application process for loans guaranteed by the
Administration.
SEC. 4. DEVELOPMENT COMPANY DEBENTURES.
(a) Amount of Guaranteed Debenture.--Section 503(a) of the Small
Business Investment Act of 1958 (15 U.S.C. 697(a)) is amended by adding
at the end the following:
``(5)(A) Any debenture issued by a State or local development
company to a small manufacturer (as defined in section 501(e)(6)) with
respect to which a guarantee is made under this subsection shall be in
an amount equal to not more than 50 percent of the cost of the project
with respect to which such debenture is issued.
``(B) Subparagraph (A) shall not apply to debentures issued during
a fiscal year if--
``(i) the cost to the Federal Government of making
guarantees under this section is above zero; and
``(ii) the Administrator submits to Congress--
``(I) notice regarding the determination of cost
described in clause (i); and
``(II) a detailed discussion indicating why not
implementing subparagraph (A) will cause the cost to
the Federal Government of making guarantees under this
section to be not more than zero.''.
(b) Startup Small Manufacturers.--Section 502(3)(C)(i) of the Small
Business Investment Act of 1958 (15 U.S.C. 696(3)(C)(i)) is amended by
inserting ``is not a small manufacturer (as defined in section
501(e)(6)) and'' after ``small business concern''.
SEC. 5. FEDERAL LOAN GUARANTEES FOR INNOVATIVE TECHNOLOGIES IN
MANUFACTURING.
(a) Transfer of Existing Program.--The Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3701 et seq.) is amended--
(1) by striking section 26 (15 U.S.C. 3721); and
(2) by redesignating sections 27 and 28 (15 U.S.C. 3722 and
3723) as sections 26 and 27, respectively.
(b) Authority of SBA.--
(1) Definitions.--In this subsection--
(A) the term ``Administrator'' means the
Administrator of the Small Business Administration;
(B) the term ``business loan programs of the
Administration'' means the programs under section 7(a)
of the Small Business Act (15 U.S.C. 636(a)) and title
V of the Small Business Investment Act of 1958 (15
U.S.C. 695 et seq.); and
(C) the term ``small manufacturer'' means a
business concern described in section 7(a)(2)(F)(i) of
the Small Business Act, as amended by this Act.
(2) Authorization.--To the extent the Administrator
determines that the assistance available to small manufacturers
under section 26 of the Stevenson-Wydler Technology Innovation
Act of 1980 (15 U.S.C. 3721), as in effect on the day before
the date of enactment of this Act, is not available under the
business loan programs of the Administration, the Administrator
shall ensure that the business loan programs of the
Administration provide adequate support for innovative
technologies in manufacturing.
(3) Reporting.--The Administrator shall submit to the
Committee on Small Business and Entrepreneurship of the Senate
and the Committee on Small Business of the House of
Representatives a report regarding any determination or
activity of the Administrator under paragraph (2).
(c) Savings Clause.--Any loan guarantee issued under section 26 of
the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3721), as in effect on the day before the date of enactment of this
Act, shall remain in full force and effect under the terms, and for the
duration, of the loan guarantee agreement. | Investing in America's Small Manufacturers Act This bill amends the Small Business Act to authorize the Small Business Administration (SBA) to guarantee 90% of a loan to a small business manufacturing concern. The SBA may not collect a guarantee fee on these loans of more than $350,000. For loans exceeding this amount, the fee shall be 50% of the guarantee fee that the SBA would otherwise collect for the loan. The SBA must provide training to small manufacturers in obtaining SBA assistance, including on the application process and partnering with participating lenders. This bill authorizes the SBA and its partners to establish partnerships to facilitate outreach to small manufacturers with respect to the application process for SBA loan guarantees. A state or local development company's debenture issued to a small manufacturer for an SBA loan guarantee may not exceed 50% of the project's cost, subject to certain exceptions. | {"src": "billsum_train", "title": "Investing in America's Small Manufacturers Act"} | 2,855 | 190 | 0.47795 | 1.39571 | 0.754961 | 2.544379 | 14.91716 | 0.899408 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Milk Marketing Improvement
Act of 2007''.
SEC. 2. PRICES RECEIVED FOR MILK UNDER MILK MARKETING ORDERS.
Section 8c(5)(B) of the Agricultural Adjustment Act (7 U.S.C.
608c(5)(B)), reenacted with amendments by the Agricultural Marketing
Agreement Act of 1937, is amended--
(1) in the first clauses (i) and (ii), by inserting
``(based on the blended price of all milk covered by the
order)'' after ``uniform prices'' each place it appears; and
(2) in clause (b) of the matter following the first clause
(ii), by inserting ``and the component value'' after
``quality''.
SEC. 3. CLASS II MILK PRICING.
Section 8c(5) of the Agricultural Adjustment Act (7 U.S.C.
608c(5)), reenacted with amendments by the Agricultural Marketing
Agreement Act of 1937, is amended by adding at the end the following:
``(P) Class ii milk pricing.--
``(i) Minimum price.--The Secretary shall
base the minimum price for Class II milk on the
average cost of producing all milk in the 48
contiguous States, as determined by the
Economic Research Service of the Department of
Agriculture in accordance with clause (ii)
(referred to in this subparagraph as the
`national average cost of production').
``(ii) National average cost of
production.--For purposes of this subparagraph,
the national average cost of production shall
equal the national average of the operating
cost and the allocated overhead cost of
producing all milk, less--
``(I) the opportunity cost of
unpaid labor for producing all milk;
and
``(II) the cost of custom services,
as determined by the Secretary.
``(iii) Survey.--For purposes of carrying
out clause (ii), the Secretary shall survey
producers and associations of producers subject
to Federal and State milk marketing orders and
in all unregulated areas applicable to all
milk.
``(iv) Price announcement.--
``(I) In general.--Not later than
November 1 of each calendar year, the
Secretary shall announce the minimum
price for Class II milk for the next
calendar year, as determined in
accordance with clause (i).
``(II) Adjustments.--Using the most
currently available national average
cost of production, the Secretary shall
adjust the price announced under
subclause (I) for a calendar year on
April 1, July 1, and October 1 of the
calendar year.
``(v) Basic formula price.--
``(I) In general.--The Secretary
shall use the Class II milk price
announced under clause (iv) as the
basic formula price for all Federal and
State milk marketing orders and all
unregulated milk production areas.
``(II) Class i milk.--The price of
Class I milk in all Federal and State
milk marketing orders and all
unregulated milk production areas shall
be equal to--
``(aa) the basic formula
price under subclause (I); plus
``(bb) the opportunity cost
of unpaid labor for producing
all milk.
``(vi) Estimation of annual milk production
and domestic consumption.--Not later than
November 1 of each calendar year and taking
into consideration the import projections for
all milk products, the Secretary shall estimate
the quantity of all milk to be produced in the
48 contiguous States and marketed by producers
for commercial use during the next 12 months.
``(vii) Inventory management program.--
``(I) In general.--In any case in
which the dollar value of exported milk
products is equal to the dollar value
of imported milk products, the
Secretary shall carry out this clause
in a manner that is necessary to manage
the inventory of all milk in the United
States.
``(II) Milk production totals.--Not
later than February 1 of each calendar
year, the Secretary shall determine the
total quantity of all milk produced by
each producer during the preceding
calendar year.
``(III) Excess production
determination.--Not more than once
every 2 months, if the Secretary,
acting through the Commodity Credit
Corporation, has purchased the maximum
quantity practicable of excess milk and
milk products, the Secretary may
determine whether an excess quantity of
milk and milk products is being
produced for the national domestic
market.
``(IV) Reduction in price
received.--If the Secretary determines
under subclause (III) that there is
excess production, the Secretary may
provide for a reduction in the price
received by producers for not more than
5 percent of all milk produced in the
48 contiguous States and marketed by
producers for commercial use.
``(V) Amount.--The amount of the
reduction under subclause (IV) in the
price received by producers shall not
exceed half the minimum price of Class
II milk.
``(VI) Additional reduction.--If
the Secretary determines that the
reduction described in subclause (IV)
is insufficient to reduce excess
production, subject to subclauses (VII)
and (VIII), the Secretary may reduce
the price received by any producer that
has increased the production of all
milk in a calendar year as compared to
the immediately preceding calendar
year.
``(VII) Application.--A reduction
in price under subclause (VI) shall
apply only to the quantity of milk
produced in excess of the quantity of
milk produced during the previous
calendar year.
``(VIII) New producer exception.--A
new producer, as defined by the
Secretary, may produce up to the
average annual production of milk under
the Federal or State milk marketing
order of the producer or the
unregulated area of the producer
without being subject to an additional
reduction under subclause (VI).
``(IX) Appeals.--A producer subject
to an additional reduction under
subclause (VI) may appeal to the
Federal or State milk marketing
administrator to provide evidence that
the producer did not increase
production in the calendar year that
the reduction was in effect when
compared to the immediately preceding
calendar year.
``(X) Extraordinary
circumstances.--In deciding an appeal
under subclause (IX), a Federal or
State milk marketing administrator may
take into consideration production
losses due to severe weather conditions
or severe disease outbreaks.
``(XI) Collection.--Except as
provided in subclause (XII), reductions
in price required under subclause (IV)
or (VI) shall be collected by Federal
and State milk marketing administrators
and timely remitted to the Commodity
Credit Corporation to offset the cost
of purchasing excess milk products.
``(XII) Collection in unregulated
areas.--Reductions in price required
for unregulated areas under subclause
(IV) or (VI) shall be collected by the
Secretary and timely remitted to the
Commodity Credit Corporation to offset
the cost of purchasing excess milk
products.
``(viii) Prohibition on certain charges.--
In carrying out this Act, the Secretary shall
not impose charges on producers for the cost of
hauling milk or the conversion of raw milk to
manufactured products.
``(ix) Responsibilities of milk purchasing
handlers.--A milk handler that purchases milk
from a producer shall--
``(I) assume title for the milk at
the time at which the milk is pumped
into a milk truck provided by or
otherwise delivered to the milk
handler; and
``(II) incur all transportation
costs of the purchased milk.
``(x) Applicability.--This subparagraph
applies to all producers and handlers of milk
in the 48 contiguous States.''.
SEC. 4. AMENDMENTS TO FEDERAL MILK MARKETING ORDERS.
Section 8c(17) of the Agricultural Adjustment Act (7 U.S.C.
608c(17)), reenacted with amendments by the Agricultural Marketing
Agreement Act of 1937, is amended by adding at the end the following:
``In the case of an order covering milk or milk products, disapproval
of an amendment to the order shall not be considered disapproval of the
order or of other terms of the order.''. | Federal Milk Marketing Improvement Act of 2007 - Amends the Agricultural Adjustment Act, reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, to direct the Secretary of Agriculture to base the minimum Class II milk price on the average production cost of producing all milk in the 48 contiguous states.
Directs the Secretary to: (1) announce the minimum price for Class II milk by November 1 of each year, with specified price adjustment dates; (2) use the Class II milk price as the basic formula price for all federal and state milk marketing orders and all unregulated milk production areas; and (3) estimate annual milk production and domestic consumption.
States that the price of Class I (fluid) milk price in all federal and state milk marketing orders and all unregulated milk production areas shall be equal to the basic formula price plus the opportunity cost of unpaid labor for producing all milk.
Prohibits imposition of producer charges for the cost of hauling milk or the conversion of raw milk to manufactured products.
Sets forth provisions respecting: (1) milk inventory management; and (2) milk handler responsibilities.
States that in the case of a federal milk order, disapproval of an amendment to the order shall not be considered disapproval of the order or of other terms of the order. | {"src": "billsum_train", "title": "A bill to amend the Agricultural Adjustment Act to require the Secretary of Agriculture to determine the price of all milk used for manufactured purposes, which shall be classified as Class II milk, by using the national average cost of production, and for other purposes."} | 1,831 | 269 | 0.658113 | 1.818477 | 0.932338 | 4.330677 | 6.737052 | 0.944223 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Electricity Reliability and Fuel
Security Act''.
SEC. 2. COAL-POWERED ELECTRIC GENERATION UNIT CREDIT.
(a) Federal Tax Credit for Coal-Powered Electric Generation
Units.--Subpart D of part IV of subchapter A of chapter 1 of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new section:
``SEC. 45T. COAL-POWERED ELECTRIC GENERATION UNIT CREDIT.
``(a) In General.--For purposes of section 38, in the case of a
taxpayer who owns or leases a coal-powered electric generation unit,
the coal-powered electric generation unit credit determined under this
section for a taxable year shall be an amount equal to the lesser of 30
percent of qualified expenses paid or incurred by such taxpayer in such
year or the product of--
``(1) $13, multiplied by
``(2) the nameplate capacity rating in kilowatts of such
unit.
``(b) Coal-Powered Electric Generation Unit.--For purposes of this
section, the term `coal-powered electric generation unit' means an
electric generation unit (as defined in section 48A(c)(6)) that uses
coal to produce not less than 75 percent of the electricity produced by
such unit.
``(c) Qualified Expenses.--For purposes of this section, the term
`qualified expenses' means amounts paid or incurred for the operation
or maintenance of a coal-powered electric generation unit, other than
amounts paid or incurred for coal.
``(d) Transfer of Credit.--
``(1) In general.--With respect to a credit under
subsection (a) for any taxable year, a taxpayer may elect to
transfer all or any portion of such credit to any eligible
project partner as specified in such election and such eligible
project partner, not the taxpayer, shall be entitled to claim
the credit for such taxable year.
``(2) Election to transfer.--The taxpayer may elect to
transfer all or any portion of the credit to an eligible
project partner by attaching a statement to the taxpayer's tax
return for the taxable year in which the qualified expenses
were paid or incurred, providing such information as is
necessary for the Secretary to adequately identify the eligible
project partner and the amount of the credit being transferred.
``(3) Application to qualified public entities.--
``(A) In general.--For purposes of this subsection,
the term `taxpayer' shall include a qualified public
entity.
``(B) Qualified public entity.--The term `qualified
public entity' means--
``(i) a Federal, State, or local government
entity, or any political subdivision, agency,
or instrumentality thereof,
``(ii) a mutual or cooperative electric
company described in section 501(c)(12) or
1381(a)(2), or
``(iii) a not-for-profit electric utility
which had or has received a loan or loan
guarantee under the Rural Electrification Act
of 1936.
``(4) Eligible project partner.--With respect to coal-
powered electric generation unit, the term `eligible project
partner' means any person who--
``(A) is responsible for operating, maintaining, or
repairing such unit,
``(B) participates in the provision, including
transportation, of coal or other materials and supplies
to such unit,
``(C) provides financing for the construction,
expansion, repair, or operation of such unit, or
``(D) leases such unit.
``(5) Special rules.--
``(A) Application to partnerships.--In the case of
a credit under subsection (a) which is determined at
the partnership level, the term `eligible project
partner' shall include any partner of the partnership.
``(B) Taxable year in which credit taken into
account.--In the case of any credit (or portion
thereof) with respect to which an election is made
under paragraph (2), such credit shall be taken into
account in the first taxable year of the eligible
project partner ending with, or after, the taxpayer's
taxable year with respect to which the credit was
determined.
``(C) Treatment of transfer under private use
rules.--For purposes of section 141(b)(1), any benefit
derived by an eligible project partner in connection
with an election under this subsection shall not be
taken into account as a private business use.
``(e) Basis Adjustment.--For purposes of this subtitle, if a credit
is allowed under this section with respect to any coal-powered electric
generation unit, the basis, if any, of such property shall be reduced
by the amount of the credit so allowed.
``(f) Termination.--This section shall apply to taxable years
beginning after December 31, 2017, and ending before January 1,
2023.''.
(b) Conforming Amendment.--Section 501(c)(12)(I) is amended by
inserting ``or 45T(d)(1)'' after ``section 45J(e)(I)''.
(c) Credit To Be Part of General Business Credit.--
(1) In general.--Section 38(b) of the Internal Revenue Code
of 1986 is amended by striking ``plus'' at the end of paragraph
(36), by striking the period at the end of paragraph (37) and
inserting ``, plus'', and by adding at the end the following
new paragraph:
``(38) the coal-powered electric generation unit credit
determined under section 45T(a).''.
(2) Credit allowed against alternative minimum tax.--
Subparagraph (B) of section 38(c)(4) of the Internal Revenue
Code of 1986 is amended--
(A) by redesignating clauses (x), (xi), and (xii)
as clauses (xi), (xii), and (xiii), respectively; and
(B) by inserting after clause (ix) the following
new clause:
``(x) the credit determined under section
45T,''.
(d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 is amended by adding at the end
the following new item:
``Sec. 45T. Coal-powered electric generation unit credit.''. | Electricity Reliability and Fuel Security Act This bill amends the Internal Revenue Code to allow a tax credit through 2022 for a portion of the expenses for the operation or maintenance of a coal-powered electric generation unit, excluding expenses for coal. The credit applies to taxpayers who own or lease an electric generation unit that uses coal to produce at least 75% of the electricity produced by the unit. Taxpayers and certain public entities may transfer the credit to an eligible project partner. An "eligible project partner" is a person who: is responsible for operating, maintaining, or repairing the unit; participates in the provision, including transportation, of coal or other materials and supplies to the unit; provides financing for the construction, expansion, repair, or operation of the unit; or leases the unit. | {"src": "billsum_train", "title": "Electricity Reliability and Fuel Security Act"} | 1,442 | 178 | 0.604152 | 1.614812 | 0.786643 | 3.66875 | 8.04375 | 0.84375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Assisted Suicide Funding Restriction
Act of 1997''.
SEC. 2. GENERAL PROHIBITION ON USE OF FEDERAL ASSISTANCE.
Notwithstanding any other provision of law, no funds appropriated
by the Congress shall be used to provide, procure, furnish, fund, or
support, or to compel any individual, institution, or government entity
to provide, procure, furnish, fund, or support, any item, good,
benefit, program, or service, the purpose of which is to cause, or to
assist in causing, the suicide, euthanasia, or mercy killing of any
individual.
SEC. 3. RULE OF CONSTRUCTION.
Nothing in this Act, or in an amendment made by this Act, shall be
construed to create any limitation relating to--
(1) the withholding or withdrawing of medical treatment or
medical care;
(2) the withholding or withdrawing of nutrition or
hydration;
(3) abortion; or
(4) the use of an item, good, benefit, or service furnished
for the purpose of alleviating pain or discomfort, even if such
use may increase the risk of death, so long as such item, good,
benefit, or service is not also furnished for the purpose of
causing, or the purpose of assisting in causing, death, for any
reason.
SEC. 4. PROHIBITION OF FEDERAL FINANCIAL PARTICIPATION UNDER MEDICAID
FOR ASSISTED SUICIDE OR RELATED SERVICES.
(a) In General.--Section 1903(i) of the Social Security Act (42
U.S.C. 1396b(i)) is amended--
(1) by striking ``or'' at the end of paragraph (14);
(2) by striking the period at the end of paragraph (15) and
inserting ``; or''; and
(3) by inserting after paragraph (15) the following:
``(16) with respect to any amount expended for any item or
service furnished for the purpose of causing, or the purpose of
assisting in causing, the death of any individual, such as by
assisted suicide, euthanasia, or mercy killing.''.
(b) Treatment of Advance Directives.--Section 1902(w) of the Social
Security Act (42 U.S.C. 1396a(w)) is amended by adding at the end the
following:
``(5) Nothing in this subsection shall be construed to create any
requirement with respect to a portion of an advance directive that
directs the purposeful causing, or the purposeful assisting in causing,
of the death of any individual, such as by assisted suicide,
euthanasia, or mercy killing.
``(6) Nothing in this subsection shall be construed to require any
provider or organization, or any employee of such a provider or
organization, to inform or counsel any individual regarding any right
to obtain an item or service furnished for the purpose of causing, or
the purpose of assisting in causing, the death of the individual, such
as by assisted suicide, euthanasia, or mercy killing.''.
SEC. 5. RESTRICTING TREATMENT UNDER MEDICARE OF ASSISTED SUICIDE OR
RELATED SERVICES.
(a) Prohibition of Expenditures.--Section 1862(a) of the Social
Security Act (42 U.S.C. 1395y(a)) is amended--
(1) by striking ``or'' at the end of paragraph (14);
(2) by striking the period at the end of paragraph (15) and
inserting ``; or''; and
(3) by inserting after paragraph (15) the following:
``(16) where such expenses are for any item or service
furnished for the purpose of causing, or the purpose of
assisting in causing, the death of any individual, such as by
assisted suicide, euthanasia, or mercy killing.''.
(b) Treatment of Advance Directives.--Section 1866(f) of the Social
Security Act (42 U.S.C. 1395cc(f)) is amended by adding at the end the
following:
``(4) Nothing in this subsection shall be construed to create any
requirement with respect to a portion of an advance directive that
directs the purposeful causing, or the purposeful assisting in causing,
of the death of any individual, such as by assisted suicide,
euthanasia, or mercy killing.
``(5) Nothing in this subsection shall be construed to require any
provider of services or prepaid or eligible organization, or any
employee of such a provider or organization, to inform or counsel any
individual regarding any right to obtain an item or service, furnished
for the purpose of causing, or the purpose of assisting in causing, the
death of the individual, such as by assisted suicide, euthanasia, or
mercy killing.''.
SEC. 6. PROHIBITION AGAINST USE OF BLOCK GRANTS TO STATES FOR SOCIAL
SERVICES TO PROVIDE ITEMS OR SERVICES FOR THE PURPOSE OF
INTENTIONALLY CAUSING DEATH.
Section 2005(a) of the Social Security Act (42 U.S.C. 1397d(a)) is
amended--
(1) by striking ``or'' at the end of paragraph (8);
(2) by striking the period at the end of paragraph (9) and
inserting ``; or''; and
(3) by adding at the end the following:
``(10) for the provision of any item or service furnished
for the purpose of causing, or the purpose of assisting in
causing, the death of any individual, such as by assisted
suicide, euthanasia, or mercy killing.''.
SEC. 7. INDIAN HEALTH CARE.
Section 201(b) of the Indian Health Care Improvement Act (25 U.S.C.
1621(b)) is amended by adding at the end the following:
``(3) Funds appropriated under the authority of this section may
not be used for the provision of any item or service (including
treatment or care) furnished for the purpose of causing, or the purpose
of assisting in causing, the death of any individual, such as by
assisted suicide, euthanasia, or mercy killing.''.
SEC. 8. MILITARY HEALTH CARE SYSTEM.
(a) Members and Former Members.--Section 1074 of title 10, United
States Code, is amended by adding at the end the following:
``(d) Under joint regulations prescribed by the administering
Secretaries, a person may not furnish any item or service under this
chapter (including any form of medical care) for the purpose of
causing, or the purpose of assisting in causing, the death of any
individual, such as by assisted suicide, euthanasia, or mercy
killing.''.
(b) Prohibited Health Care for Dependents.--Section 1077(b) of
title 10, United States Code, is amended by adding at the end the
following:
``(4) Items or services (including any form of medical
care) furnished for the purpose of causing, or the purpose of
assisting in causing, the death of any individual, such as by
assisted suicide, euthanasia, or mercy killing.''.
(c) Prohibited Health Care Under CHAMPUS.--
(1) Spouses and children of members.--Section 1079(a) of
title 10, United States Code, is amended by adding at the end
the following:
``(18) No contract for the provision of health-related
services entered into by the Secretary may include coverage for
any item or service (including any form of medical care)
furnished for the purpose of causing, or the purpose of
assisting in causing, the death of any individual, such as by
assisted suicide, euthanasia, or mercy killing.''.
(2) Other covered beneficiaries.--Section 1086(a) of title
10, United States Code, is amended--
(A) by inserting ``(1)'' after ``(a)'' the first
place it appears; and
(B) by adding at the end the following:
``(2) No contract for the provision of health-related services
entered into by the Secretary may include coverage for any item or
service (including any form of medical care) furnished for the purpose
of causing, or the purpose of assisting in causing, the death of any
individual, such as by assisted suicide, euthanasia, or mercy
killing.''.
SEC. 9. FEDERAL EMPLOYEES HEALTH BENEFIT PLANS.
Section 8902 of title 5, United States Code, is amended by adding
at the end the following:
``(o) A contract may not be made or a plan approved which includes
coverage for any benefit, item or service that is furnished for the
purpose of causing, or the purpose of assisting in causing, the death
of any individual, such as by assisted suicide, euthanasia, or mercy
killing.''.
SEC. 10. HEALTH CARE PROVIDED FOR PEACE CORPS VOLUNTEERS.
Section 5(e) of the Peace Corps Act (22 U.S.C. 2504(e)) is
amended--
(1) by inserting ``(1)(A)'' after ``(e)'';
(2) by striking ``Subject to such'' and inserting the
following:
``(2) Subject to such''; and
(3) by adding at the end of paragraph (1) (as so designated
by paragraph (1)), the following:
``(B) Health care provided under this subsection to volunteers
during their service to the Peace Corps shall not include any item or
service furnished for the purpose of causing, or the purpose of
assisting in causing, the death of any individual, such as by assisted
suicide, euthanasia, or mercy killing.''.
SEC. 11. MEDICAL SERVICES FOR FEDERAL PRISONERS.
Section 4005(a) of title 18, United States Code, is amended--
(1) by inserting ``(1)'' after ``(a)''; and
(2) by adding at the end the following:
``(2) Services provided under this subsection shall not include any
item or service furnished for the purpose of causing, or the purpose of
assisting in causing, the death of any individual, such as by assisted
suicide, euthanasia, or mercy killing.''.
SEC. 12. PROHIBITING USE OF ANNUAL FEDERAL PAYMENT TO DISTRICT OF
COLUMBIA FOR ASSISTED SUICIDE OR RELATED SERVICES.
(a) In General.--Title V of the District of Columbia Self-
Government and Governmental Reorganization Act is amended by adding at
the end the following:
``ban on use of funds for assisted suicide and related services
``Sec. 504. None of the funds appropriated to the District of
Columbia pursuant to an authorization of appropriations under this
title may be used to furnish any item or service for the purpose of
causing, or the purpose of assisting in causing, the death of any
individual, such as by assisted suicide, euthanasia, or mercy
killing.''.
(b) Clerical Amendment.--The table of sections of the District of
Columbia Self-Government and Governmental Reorganization Act is amended
by adding at the end of the items relating to title V the following:
``Sec. 504. Ban on use of funds for assisted suicide and related
services.''.
(c) Effective Date.--The amendments made by this section shall
apply to payments to the District of Columbia for fiscal years
beginning with fiscal year 1998. | Assisted Suicide Funding Restriction Act of 1997 - Prohibits the use of appropriated funds to provide, procure, furnish, fund, or support, or to compel any individual, institution, or government entity to provide, procure, furnish, fund, or support, any item, good, benefit, program, or service, the purpose of which is to cause, or to assist in causing, the suicide, euthanasia, or mercy killing of any individual.
Amends titles XVIII (Medicare), XIX (Medicaid), and XX (Block Grants to States for Social Services) of the Social Security Act to prohibit payment (or use of block grant funds) for any item or service furnished to cause the death of any individual. Provides for the treatment of advance directives.
Amends the Indian Health Care Improvement Act to prohibit the use of appropriated funds to cause the death of any individual.
Amends Federal law relating to members and certain former members of the uniformed services and to dependents of members to prohibit furnishing (or including coverage under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) for) any item or service to cause the death of any individual.
Amends Federal law relating to contracting for government employees' health benefit plans to prohibit including coverage for any item or service to cause the death of any individual.
Amends Federal law relating to health care for Peace Corps volunteers to prohibit providing any item or service to cause the death of any individual.
Amends Federal criminal code provisions relating to medical and other services to the Federal penal and correctional institutions to prohibit furnishing any item or service to cause the death of any individual.
Amends the District of Columbia Self-Government and Governmental Reorganization Act to prohibit the use of funds appropriated under specified provisions of that Act for any item or service to cause the death of any individual. | {"src": "billsum_train", "title": "Assisted Suicide Funding Restriction Act of 1997"} | 2,624 | 419 | 0.593482 | 1.922845 | 0.831398 | 4.969359 | 6.406685 | 0.885794 |
SECTION 1. SHORT TITLE; REFERENCES.
(a) Short Title.--This Act may be cited as the ``International
Dolphin Conservation Act Amendments of 1995''.
(b) References to Marine Mammal Protection Act.--Except as
otherwise expressly provided, whenever in this Act an amendment or
repeal is expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered to be
made to a section or other provision of the Marine Mammal Protection
Act of 1972 (16 U.S.C. 1361 et seq.).
SEC. 2. PURPOSES.
The purposes of this Act are the following:
(1) To recognize the achievements of, and support continued
implementation of, the International Dolphin Conservation
Program administered by the Inter-American Tropical Tuna
Commission.
(2) To modify and strengthen the embargo provisions of the
Marine Mammal Protection Act of 1972 to assure compliance with
that program.
(3) To authorize participation by United States tuna
fishing vessels in the yellowfin tuna fishery of the eastern
tropical Pacific Ocean in accordance with that program.
(4) To ensure a viable and ecologically sound tuna fishery
in the eastern tropical Pacific Ocean, including by avoidance
of bycatch of nontargeted marine species, maintenance of
healthy stocks of tuna, and protection of marine mammal
populations.
(5) To otherwise strengthen and improve international
efforts to reduce incidental dolphin mortality to insignificant
levels approaching a zero mortality and serious injury rate as
required by the Marine Mammal Protection Act of 1972.
SEC. 3. AMENDMENT OF INTERNATIONAL DOLPHIN CONSERVATION ACT.
Title III of the Marine Mammal Protection Act of 1972 (16 U.S.C.
1411-1418) is amended to read as follows:
``TITLE III--INTERNATIONAL DOLPHIN CONSERVATION PROGRAM
``SEC. 301. FINDINGS AND POLICY.
``(a) Findings.--The Congress finds the following:
``(1) Although in past years the yellowfin tuna fishery of
the eastern tropical Pacific Ocean has resulted in excessive
incidental mortality to dolphins, efforts by tuna fishermen
operating under United States and international conservation
programs have reduced this incidental mortality to levels that
are approaching a zero mortality and serious injury rate in
accordance with section 101(a)(2).
``(2) Support of the International Dolphin Conservation
Program is necessary to assure that these low levels of dolphin
mortality are maintained and eventually eliminated, if
possible.
``(3) United States tuna fishing vessels have led the world
in the development of fishing methods to reduce dolphin
mortalities in the eastern tropical Pacific Ocean and should be
allowed to fish in that region on an equal basis with foreign
fleets.
``(b) Policy.--It is the policy of the United States to--
``(1) continue the progress made in reducing the incidental
mortality of dolphins in the yellowfin tuna fishery in the
eastern tropical Pacific Ocean;
``(2) support the International Dolphin Conservation
Program; and
``(3) authorize the participation of United States tuna
fishing vessels in the yellowfin tuna fishery of the eastern
tropical Pacific Ocean in a manner consistent with the
International Dolphin Conservation Program and the requirements
of this Act.
``SEC. 302. AUTHORITY OF SECRETARY.
``(a) Regulations.--The Secretary may issue regulations to govern
the incidental taking of marine mammals in the course of commercial
purse seine fishing for yellowfin tuna in the eastern tropical Pacific
Ocean. Any such regulations shall be consistent with the requirements
of the International Dolphin Conservation Program and with the goal of
reducing the incidental mortality or serious injury of marine mammals
occurring in the yellowfin tuna fishery in the eastern tropical Pacific
Ocean to insignificant levels approaching a zero mortality and serious
injury rate.
``(b) Consultations.--In developing any regulation under this
section, the Secretary shall consult with the Secretary of State and
the United States Commissioners to the Inter-American Tropical Tuna
Commission appointed under section 3 of the Tuna Conventions Act of
1950 (16 U.S.C. 952).
``SEC. 303. OBSERVERS.
``All vessels subject to the jurisdiction of the United States
engaged in commercial purse seine fishing for yellowfin tuna in the
eastern tropical Pacific Ocean shall carry an observer certified by the
Secretary or by the Inter-American Tropical Tuna Commission for the
purpose of conducting research and observing fishing operations unless,
for reasons beyond the control of the Secretary, an observer is not
available for such purpose.
``SEC. 304. PROHIBITIONS, PENALTIES, AND CIVIL FORFEITURES.
``(a) Prohibitions.--It is unlawful--
``(1) for any person to violate any regulation promulgated
under this title;
``(2) for any person to refuse to allow any duly authorized
officer to board a vessel subject to that person's control for
purposes of conducting any search or inspection in connection
with the enforcement of this title;
``(3) for any person to assault, resist, oppose, impede,
intimidate, or interfere with any such authorized officer in
the conduct of any search or inspection described in paragraph
(2); and
``(4) for any person or vessel subject to the jurisdiction
of the United States intentionally to set a purse seine net on
or to encircle any marine mammal in the course of tuna fishing
operations in the eastern tropical Pacific Ocean except in
accordance with the International Dolphin Conservation Program.
``(b) Penalties.--
``(1) Civil penalty.--A person that knowingly and willfully
violates subsection (a)(1), (2), or (4) shall be subject to a
civil penalty under section 105(a).
``(2) Criminal penalty.--A person that knowingly and
willfully violates subsection (a)(3) shall be subject to a
criminal penalty under section 105(b).
``(c) Civil Forfeitures.--Any vessel (including its fishing gear,
appurtenances, stores, and cargo) used, and any fish (or its fair
market value) taken or retained, in any manner, in connection with or
as a result of the commission of any act prohibited by this section
shall be subject to forfeiture to the United States in the manner
provided in section 310 of the Magnuson Fishery Conservation and
Management Act (16 U.S.C. 1860).
``(d) Clerical Amendments.--The table of contents in the first
section of the Marine Mammal Protection Act of 1972 is amended by
striking the items relating to title III and inserting the following:
``TITLE III--INTERNATIONAL DOLPHIN CONSERVATION PROGRAM
``Sec. 301. Findings and policy.
``Sec. 302. Authority of Secretary.
``Sec. 303. Observers.
``Sec. 304. Prohibitions, penalties, and civil forfeitures.''.
SEC. 4. DEFINITIONS.
Section 3 (16 U.S.C. 1362) is amended by adding at the end the
following new paragraph:
``(28) The term `International Dolphin Conservation
Program' means--
``(A) the international program established by the
agreement signed in La Jolla, California, in June,
1992, and administered by the Inter-American Tropical
Tuna Commission; or
``(B) an equivalent successor program agreed to by
the United States.''.
SEC. 5. AMENDMENT OF EMBARGO PROVISIONS.
Section 101(a)(2)(B) (16 U.S.C. 1371(a)(2)(B)) is amended to read
as follows:
``(B) in the case of yellowfin tuna harvested with purse
seine nets in the eastern tropical Pacific Ocean, and products
therefrom, to be exported to the United States, shall require
that the government of the exporting nation provide documentary
evidence that the fishing vessels of the exporting nation
participate in the International Dolphin Conservation Program.
Such participation in the International Dolphin Conservation
Program shall be deemed as establishing that such nation's
regulatory program is comparable to, and not in excess of,
United States standards if--
``(i) dolphin mortality under the International
Dolphin Conservation Program is within the potential
biological removal level for each affected stock;
``(ii) the fishing vessels of the exporting nation
are subject to 100 percent observer coverage by
observers approved by the Inter-American Tropical Tuna
Commission;
``(iii) the government of the exporting nation
authorizes the Inter-American Tropical Tuna Commission
to release sufficient information to the Secretary to
establish participation in the International Dolphin
Conservation Program;
``(iv) the government of the exporting nation
complies with all reasonable requests for cooperation
in carrying out the scientific research program
required by section 117; and
``(v) responsible officials administering the
International Dolphin Conservation Program have not
determined that any fishing vessel of the exporting
nation is failing to participate in such program.''.
SEC. 6. FURTHER TECHNICAL AND CONFORMING AMENDMENTS.
(a) Miscellaneous Amendments to Title I.--
(1) Section 101(a)(2) (16 U.S.C. 1371(a)) is amended in the
second sentence by striking the semicolon and all that follows
through ``practicable''.
(2) Section 104(a) (16 U.S.C. 1374(a)) is amended in the
second sentence by striking ``, or subsection (h) of this
section''.
(3) Section 104 (16 U.S.C. 1374) is amended by striking
subsection (h).
(4) Section 118(a)(3) (16 U.S.C. 1387(a)(3)) is amended to
read as follows:
``(3) Title III, and not this section, shall govern the taking of
marine mammals in the course of commercial purse seine fishing for
yellowfin tuna in the eastern tropical Pacific Ocean.''.
(b) Citizens on Foreign Vessels.--Section 101 (16 U.S.C. 1371) is
amended by adding at the end the following new subsection:
``(d) The provisions of this Act shall not apply to the taking of
marine mammals during fishing operations by a citizen of the United
States when such citizen is employed on a foreign fishing vessel that
is participating in the International Dolphin Conservation Program.''.
(c) Tuna Conventions Act.--Section 3(c) of the Tuna Conventions Act
of 1950 (16 U.S.C. 952(c)) is amended to read as follows:
``(c) at least one shall be either the Director, or an
appropriate regional director of the National Marine Fisheries
Service; and''.
SEC. 7. REPEAL OF MARKETPLACE LABELING REQUIREMENTS.
(a) In General.--The Dolphin Protection Consumer Information Act
(16 U.S.C. 1385) is repealed.
(b) Relationship to Other Law.--Nothing in this section shall in
any way affect, or be construed to affect, requirements for the
protection and management of marine mammals under the Driftnet Impact
Monitoring, Assessment, and Control Act of 1987 (16 U.S.C. 1822 note),
the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.), or
any other applicable law. | International Dolphin Conservation Act Amendments of 1995 - Amends the Marine Mammal Protection Act of 1972 to replace provisions relating to a global moratorium to prohibit certain tuna harvesting practices with provisions declaring that it is U.S. policy to: (1) continue progress in reducing incidental mortality of dolphins in the eastern tropical Pacific Ocean yellowfin tuna fishery; (2) support the International Dolphin Conservation Program; and (3) authorize participation of U.S. tuna fishing vessels in the fishery of that area in a manner consistent with the Program and this Act.
Authorizes regulations on the incidental taking of marine mammals during commercial purse seine yellowfin tuna fishing in that area. Requires all vessels subject to U.S. jurisdiction engaged in such fishing in that area to carry a certified observer to conduct research and observe fishing operations. Makes it unlawful to: (1) violate any regulation under these provisions; (2) resist, intimidate, or interfere with boarding or inspection by an authorized officer; or (3) intentionally set a purse seine net on any marine mammal during tuna fishing in that area. Imposes civil and criminal penalties and civil forfeitures.
Revises the requirements applicable to nations exporting yellowfin tuna to the United States.
Repeals the Dolphin Protection Consumer Information Act. | {"src": "billsum_train", "title": "International Dolphin Conservation Act Amendments of 1995"} | 2,522 | 280 | 0.622719 | 1.726759 | 0.797508 | 2.704641 | 9.362869 | 0.873418 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Youth Service Scholarship Act of
2001''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) young people under 18 years of age are now our most
impoverished age group with 1 of every 5 living in poverty, a
higher proportion than in 1968, with the percentage for
minority children being about twice as high;
(2) more than 1 of 4 families is headed by a single parent
and the percentage of such families headed by such single
parents has risen steadily over the past few decades, rising 13
percent since 1990;
(3) there is a need to engage youth as active participants
in decision-making that affects their lives, including design,
development, implementation, and evaluation of youth
development programs at the Federal, State, and community
levels;
(4) existing outcome driven youth development strategies,
pioneered by community-based organizations, hold real promise
for promoting positive behaviors and preventing youth problems;
(5) formal evaluations of youth development programs have
documented significant reductions in drug and alcohol use,
school misbehavior, aggressive behavior, violence, truancy,
high-risk sexual behavior, and smoking;
(6) compared to American youth generally, youth
participating in community-based organizations are more than 26
percent more likely to report having received recognition for
good grades than American youth generally and nearly 20 percent
more likely to rate the likelihood of their going to college as
``very high''; and
(7) the availability and use of Federal resources can be an
effective incentive to leverage broader community support to
enable local programs, activities and services to provide the
full array of developmental core resources, remove barriers to
access, promote program effectiveness, and facilitate
coordination and collaboration within the community.
SEC. 3. ESTABLISHMENT OF PROGRAM.
Subpart 2 of part A of title IV of the Higher Education Act of 1965
is amended--
(1) by redesignating section 407E (20 U.S.C. 1070a-35) as
section 406E; and
(2) by inserting after such section the following new
chapter:
``Chapter 4--Public Service Incentives
``SEC. 407A. PURPOSES.
``The purposes of this chapter are to establish a scholarship
program to reward low-income and moderate-income students who have,
during high school, and who continue, during college, to make
significant public service contributions to their communities.
``SEC. 407B. SCHOLARSHIPS AUTHORIZED.
``(a) Qualifications for Scholarships.--The Secretary is authorized
to award scholarships to enable a student to pay the cost of attendance
at an institution of higher education during the student's first 4
academic years of undergraduate education, if the student--
``(1) in order to be eligible for the first year of such
scholarship, performed not less than 300 hours of qualifying
public service during each of 2 academic years of the student's
secondary school enrollment;
``(2) in order to be eligible for the second or any
subsequent year of such scholarship, performed not less than
300 hours of qualifying public service during the academic year
of postsecondary school attendance preceding the academic year
for which the student seeks such scholarship;
``(3) was eligible for a free or reduced price lunch under
the Richard B. Russell National School Lunch Act (42 U.S.C.
1721 et seq.);
``(4) is eligible to receive Federal Pell Grants for the
year in which the scholarships are awarded, except that a
student shall not be required to comply or verify compliance
with section 485(a)(5) for purposes of receiving a scholarship
under this chapter; and
``(5) otherwise demonstrates compliance with regulations
prescribed by the Secretary under section 407F.
``(b) Definition of Qualifying Public Service.--For purposes of
subsection (a), the term `qualifying public service' means service that
would be eligible for treatment as community service under the National
and Community Service Act of 1990 or under the Federal work-study
program under part C of title IV of the Higher Education Act of 1965.
``SEC. 407C. AMOUNT OF SCHOLARSHIP.
``(a) Amount of Award.--
``(1) In general.--Except as provided in paragraph (2) and
subsection (b), the amount of a scholarship awarded under this
chapter for any academic year shall be equal to $5,000.
``(2) Adjustment for insufficient appropriations.--If,
after the Secretary determines the total number of students
selected under section 407D for an academic year, funds
available to carry out this chapter for the academic year are
insufficient to fully fund all awards under this chapter for
the academic year, the amount of the scholarship paid to each
student under this chapter shall be reduced proportionately.
``(b) Assistance Not To Exceed Cost of Attendance.--A scholarship
awarded under this chapter to any student, in combination with the
Federal Pell Grant assistance and other student financial assistance
available to such student, may not exceed the student's cost of
attendance.
``SEC. 407D. SELECTION OF SCHOLARSHIP RECIPIENTS.
``The Secretary shall designate a panel to select students for the
award of scholarships under this chapter. Such panel shall be composed
of 9 individuals who are selected by the Secretary and shall be
composed of equal numbers of youths, community representatives, and
teachers. The Secretary shall ensure that no individual assigned under
this section to review any application has any conflict of interest
with regard to the application that might impair the impartiality with
which the individual conducts the review under this section.
``SEC. 407E. APPLICATIONS.
``Any eligible student desiring to obtain a scholarship under this
section shall submit to the Secretary an application at such time, in
such manner, and containing such information or assurances as the
Secretary may require. Such application shall--
``(1) demonstrate that the eligible student is maintaining
satisfactory academic progress and is achieving at least an
grade point average of at least 2.0 (on a scale of 4), or its
equivalent;
``(2) include a recommendation from (A) the supervisor of
the community service of the applicant, and (B) a teacher,
pastor, employer, or other individual familiar with the
character of the applicant; and
``(3) include an essay by the applicant on the nature of
the community service performed by the applicant.
``SEC. 407F. REGULATIONS.
``The Secretary shall prescribe such regulations as may be
necessary to carry out this chapter.
``SEC. 407G. EVALUATION.
``Not less than 2 years after the first fiscal year for which funds
are made available under this chapter, the Secretary shall prepare and
submit to the Congress an evaluation of the effectiveness of the
program under this chapter. Such evaluation shall include--
``(1) an evaluation of the demand, by grade level and types
of community service sites, for the scholarships provided under
this chapter;
``(2) general data on the background of program
participants and the types of service performed; and
``(3) an itemization of the costs of administering the
program under this chapter.
``SEC. 407H. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this chapter
$2,000,000 for fiscal year 2002 and each of the 3 succeeding fiscal
years.''. | Youth Service Scholarship Act of 2001 - Amends the Higher Education Act of 1965 to establish a Public Service Incentives college scholarship program to reward low- and moderate-income students who have, during high school, and who continue, during college, to make significant public service contributions to their communities.Requires 300 hours of public service by the student: (1) during each of two academic years of secondary school, to be eligible for a scholarship for the first year of college; and (2) during the preceding postsecondary academic year, to be eligible for a second, third, or fourth year.Requires such students to: (1) have been eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act; and (2) be eligible to receive Federal Pell Grants in the year in which the scholarships are awarded. Sets the scholarship amount at $5,000 for any academic year during a student's first four years of undergraduate education, and provides for adjustments of such amount in the event of insufficient appropriations. | {"src": "billsum_train", "title": "To amend the Higher Education Act of 1965 to establish a scholarship program to encourage and support students who have contributed substantial public services."} | 1,600 | 220 | 0.448788 | 1.334114 | 0.91095 | 4.295 | 7.665 | 0.935 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Manufacturing Efficiency
and Retraining Investment Collaboration Achievement Works Act'' or the
``AMERICA Works Act''.
SEC. 2. INDUSTRY-RECOGNIZED AND NATIONALLY PORTABLE CREDENTIALS FOR JOB
TRAINING PROGRAMS.
(a) Workforce Investment Act of 1998.--
(1) General employment and training activities.--Section
134(d)(4)(F) of the Workforce Investment Act of 1998 (29 U.S.C.
2864(d)(4)(F)) is amended by adding at the end the following:
``(iv) Priority for programs that provide
an industry-recognized and nationally portable
credential.--In selecting and approving
training services, or programs of training
services, under this section, a one-stop
operator and employees of a one-stop center
referred to in subsection (c) shall give
priority consideration to services and programs
(approved by the appropriate State agency and
local board in conjunction with section 122)
that lead to a credential that is in high
demand in the local area served and listed in
the registry described in section 3(b) of the
AMERICA Works Act.''.
(2) Youth activities.--Section 129(c)(1)(C) of the
Workforce Investment Act of 1998 (29 U.S.C. 2854(c)(1)(C)) is
amended--
(A) by redesignating clauses (ii) through (iv) as
clauses (iii) through (v), respectively; and
(B) inserting after clause (i) the following:
``(ii) training (with priority
consideration given to programs that lead to a
credential that is in high demand in the local
area served and listed in the registry
described in section 3(b) of the AMERICA Works
Act, if the local board determines that such
programs are available and appropriate);''.
(b) Career and Technical Education.--
(1) Core postsecondary indicators.--Section 113(b)(2)(B) of
the Carl D. Perkins Career and Technical Education Act of 2006
(20 U.S.C. 2323(b)(2)(B)) is amended--
(A) by redesignating clauses (iii) through (vi) as
clauses (iv) through (vii), respectively; and
(B) by inserting after clause (ii) the following:
``(iii) Student attainment of a high-demand
registry skills credential described in section
122(c)(1)(B)(i).''.
(2) State plan.--Section 122(c)(1)(B) of the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2342(c)(1)(B)) is amended by striking the semicolon at the end
and inserting the following: ``and, with respect to programs of
study leading to an industry-recognized credential or
certificate, will give priority consideration to programs of
study that--
``(i) lead to an appropriate (as determined
by the eligible agency) skills credential
(which may be a certificate) that is in high
demand in the area served and listed in the
registry described in section 3(b) of the
AMERICA Works Act; and
``(ii) may provide a basis for additional
credentials, certificates, or degrees;''.
(3) Use of local funds.--Section 134(b) of the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2354(b)) is amended--
(A) in paragraph (11), by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (12)(B), by striking the period
and inserting ``; and''; and
(C) by adding at the end the following:
``(13) describe the career and technical education
activities supporting the attainment of industry-recognized
credentials or certificates, and how the eligible recipient, in
selecting such activities, gave priority consideration to
activities supporting high-demand registry skill credentials
described in section 122(c)(1)(B)(i).''.
(4) Tech-prep programs.--Section 203 of the Carl D. Perkins
Career and Technical Education Act of 2006 (20 U.S.C. 2373) is
amended--
(A) in subsection (c)(2)(E), by striking
``industry-recognized credential, a certificate,'' and
inserting ``industry-recognized credential or
certificate (such as a high-demand registry skill
credential described in section 122(c)(1)(B)(i)),'';
and
(B) in subsection (e)(1)(B)--
(i) by redesignating clauses (iv) and (v)
as clauses (v) and (vi), respectively; and
(ii) by inserting after clause (iii) the
following:
``(iv) complete a high-demand registry
skill credential described in section
122(c)(1)(B)(i);''.
(c) Training Programs Under TAA.--Section 236(a)(5) of the Trade
Act of 1974 (19 U.S.C. 2296(a)(5)) is amended by inserting after the
sentence that follows subparagraph (H)(ii) the following: ``In
approving training programs under paragraph (1), the Secretary shall
give priority consideration to programs that lead to a credential that
is in high demand in the local area (defined for purposes of title I of
the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.)) served
by the corresponding one-stop delivery system under that title for the
training programs, and that is listed in the registry described in
section 3(b) of the AMERICA Works Act.''.
SEC. 3. SKILL CREDENTIAL REGISTRY.
(a) Definitions.--In this section:
(1) Covered provision.--The term ``covered provision''
means any of sections 129 and 134 of the Workforce Investment
Act of 1998 (29 U.S.C. 2854, 2864), section 122(c)(1)(B) of the
Carl D. Perkins Career and Technical Education Act of 2006 (20
U.S.C. 2342(c)(1)(B)), and section 236 of the Trade Act of 1974
(19 U.S.C. 2296).
(2) Industry-recognized.--The term ``industry-recognized'',
used with respect to a credential, means a credential that--
(A) is sought or accepted by companies within the
industry sector involved as recognized, preferred, or
required for recruitment, screening, or hiring; and
(B) is endorsed by a nationally recognized trade
association or organization representing a significant
part of the industry sector.
(3) Nationally portable.--The term ``nationally portable'',
used with respect to a credential, means a credential that is
sought or accepted by companies within the industry sector
involved, across multiple States, as recognized, preferred, or
required for recruitment, screening, or hiring.
(4) Workforce investment activities.--The term ``workforce
investment activities'' has the meaning given the term in
section 101 of the Workforce Investment Act of 1998 (29 U.S.C.
2801).
(b) Registry.--
(1) In general.--Not later than 120 days after the date of
enactment of this Act, the Secretary of Labor (referred to in
this section as the ``Secretary'') shall create a registry of
skill credentials (which may be certificates), for purposes of
enabling programs that lead to such a credential to receive
priority under a covered provision.
(2) Registry.--The Secretary--
(A) shall list the credential in the registry if
the credential is--
(i) required by Federal or State law for an
occupation (such as a credential required by a
State law regarding qualifications for a health
care occupation); or
(ii) a credential from the Manufacturing
Institute-Endorsed Manufacturing Skills
Certification System; and
(B) may list the credential in the registry if the
credential is an industry-recognized, nationally
portable credential that is consistent with the
Secretary's established industry competency models and
the model for the American College Test National Career
Readiness Certification.
(c) Rule of Construction.--Nothing in this Act shall be construed
to require an entity with responsibility for selecting or approving an
education, training, or workforce investment activities program with
regard to a covered provision, to select a program with a credential
listed in the registry described in subsection (b).
SEC. 4. EFFECTIVE DATE.
This Act, and the amendments made by this Act, take effect 120 days
after the date of enactment of this Act. | American Manufacturing Efficiency and Retraining Investment Collaboration Achievement Works Act or AMERICA Works Act - Amends the Workforce Investment Act of 1998, with respect to statewide and local adult and youth workforce investment employment and training programs, to require a one-stop delivery system, in selecting and approving training services, or programs of training services, to give priority consideration to state- and local board-approved services and programs that lead to an industry-recognized and nationally portable credential that is in high demand in the local area served and listed in the skill credential registry created under this Act.
Amends the Carl D. Perkins Career and Technical Education Act of 2006 to require the same priority consideration in the state and local plans for career and technical education programs as well as in tech prep programs.
Amends the Trade Act of 1974 to direct the Secretary of Commerce to give priority consideration to Trade Adjustment Assistance (TAA) training programs that lead to a industry-recognized and nationally portable credential listed in the skill credential registry that is in high demand in the local area served by the corresponding one-stop delivery system.
Requires the Secretary of Labor to: (1) create a registry of skill credentials; and (2) list them in the registry if they are required by federal or state law for an occupation, or are from the Manufacturing Institute-Endorsed Manufacturing Skills Certification System. Authorizes the Secretary to list a credential in the registry if it is an industry-recognized and nationally portable credential consistent with established industry competency models, including the one for the American College Test National Career Readiness Certification. | {"src": "billsum_train", "title": "A bill to require that certain Federal job training and career education programs give priority to programs that provide an industry-recognized and nationally portable credential."} | 2,041 | 351 | 0.713455 | 2.328368 | 0.947844 | 4.033003 | 5.468647 | 0.930693 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homeowners' Relief and Neighborhood
Stabilization Act of 2010''.
SEC. 2. EMERGENCY MORTGAGE RELIEF.
(a) Use of TARP Funds.--Using the authority available under
sections 101(a) and 115(a) of division A of the Emergency Economic
Stabilization Act of 2008 (12 U.S.C. 5211(a), 5225(a)), the Secretary
of the Treasury shall transfer to the Secretary of Housing and Urban
Development $3,000,000,000, and the Secretary of Housing and Urban
Development shall credit such amount to the Emergency Homeowners'
Relief Fund, which such Secretary shall establish pursuant to section
107 of the Emergency Housing Act of 1975 (12 U.S.C. 2706), as such Act
is amended by this section, for use for emergency mortgage assistance
in accordance with title I of such Act.
(b) Reauthorization of Emergency Mortgage Relief Program.--Title I
of the Emergency Housing Act of 1975 is amended--
(1) in section 103 (12 U.S.C. 2702)--
(A) in paragraph (2)--
(i) by striking ``have indicated'' and all
that follows through ``regulation of the
holder'' and inserting ``have certified'';
(ii) by striking ``(such as the volume of
delinquent loans in its portfolio)''; and
(iii) by striking ``, except that such
statement'' and all that follows through
``purposes of this title''; and
(B) in paragraph (4), by inserting ``or medical
conditions'' after ``adverse economic conditions'';
(2) in section 104 (12 U.S.C. 2703)--
(A) in subsection (b), by striking ``, but such
assistance'' and all that follows through the period at
the end and inserting the following: ``. The amount of
assistance provided to a homeowner under this title
shall be an amount that the Secretary determines is
reasonably necessary to supplement such amount as the
homeowner is capable of contributing toward such
mortgage payment, except that the aggregate amount of
such assistance provided for any homeowner shall not
exceed $50,000.'';
(B) in subsection (d), by striking ``interest on a
loan or advance''and all that follows through the end
of the subsection and inserting the following: ``(1)
the rate of interest on any loan or advance of credit
insured under this title shall be fixed for the life of
the loan or advance of credit and shall not exceed the
rate of interest that is generally charged for
mortgages on single-family housing insured by the
Secretary of Housing and Urban Development under title
II of the National Housing Act at the time such loan or
advance of credit is made, and (2) no interest shall be
charged on interest which is deferred on a loan or
advance of credit made under this title. In
establishing rates, terms and conditions for loans or
advances of credit made under this title, the Secretary
shall take into account a homeowner's ability to repay
such loan or advance of credit.''; and
(C) in subsection (e), by inserting after the
period at the end of the first sentence the following:
``Any eligible homeowner who receives a grant or an
advance of credit under this title may repay the loan
in full, without penalty, by lump sum or by installment
payments at any time before the loan becomes due and
payable.'';
(3) in section 105 (12 U.S.C. 2704)--
(A) by striking subsection (b);
(B) in subsection (e)--
(i) by inserting ``and emergency mortgage
relief payments made under section 106'' after
``insured under this section''; and
(ii) by striking ``$1,500,000,000 at any
one time'' and inserting ``$3,000,000,000'';
(C) by redesignating subsections (c), (d), and (e)
as subsections (b), (c), and (d), respectively; and
(D) by adding at the end the following new
subsection:
``(e) The Secretary shall establish underwriting guidelines or
procedures to allocate amounts made available for loans and advances
insured under this section and for emergency relief payments made under
section 106 based on the likelihood that a mortgagor will be able to
resume mortgage payments, pursuant to the requirement under section
103(5).'';
(4) in section 107--
(A) by striking ``(a)''; and
(B) by striking subsection (b);
(5) in section 108 (12 U.S.C. 2707), by adding at the end
the following new subsection:
``(d) Coverage of Existing Programs.--The Secretary shall allow
funds to be administered by a State that has an existing program that
is determined by the Secretary to provide substantially similar
assistance to homeowners. After such determination is made such State
shall not be required to modify such program to comply with the
provisions of this title.'';
(6) in section 109 (12 U.S.C. 2708)--
(A) in the section heading, by striking
``authorization and'';
(B) by striking subsection (a);
(C) by striking ``(b)''; and
(D) by striking ``1977'' and inserting ``2011'';
(7) by striking sections 110, 111, and 113 (12 U.S.C. 2709,
2710, 2712); and
(8) by redesignating section 112 (12 U.S.C. 2711) as
section 110.
SEC. 3. ADDITIONAL ASSISTANCE FOR NEIGHBORHOOD STABILIZATION PROGRAM.
Using the authority made available under sections 101(a) and 115(a)
of division A of the Emergency Economic Stabilization Act of 2008 (12
U.S.C. 5211(a), 5225(a)), the Secretary of the Treasury shall transfer
to the Secretary of Housing and Urban Development $1,000,000,000, and
the Secretary of Housing and Urban Development shall use such amounts
for assistance to States and units of general local government for the
redevelopment of abandoned and foreclosed homes, in accordance with the
same provisions applicable under the second undesignated paragraph
under the heading ``Community Planning and Development--Community
Development Fund'' in title XII of division A of the American Recovery
and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 217) to
amounts made available under such second undesignated paragraph, except
as follows:
(1) Notwithstanding the matter of such second undesignated
paragraph that precedes the first proviso, amounts made
available by this section shall remain available until
expended.
(2) The 3rd, 4th, 5th, 6th, 7th, and 15th provisos of such
second undesignated paragraph shall not apply to amounts made
available by this section.
(3) Amounts made available by this section shall be
allocated based on a funding formula for such amounts
established by the Secretary in accordance with section 2301(b)
of the Housing and Economic Recovery Act of 2008 (42 U.S.C.
5301 note), except that--
(A) notwithstanding paragraph (2) of such section
2301(b), the formula shall be established not later
than 30 days after the date of the enactment of this
Act;
(B) the Secretary may not establish any minimum
grant amount or size for grants to States;
(C) the Secretary may establish a minimum grant
amount for direct allocations to units of general local
government located within a State, which shall not
exceed $1,000,000; and
(D) each State and local government receiving grant
amounts shall establish procedures to create
preferences for the development of affordable rental
housing for properties assisted with amounts made
available by this section.
(4) Paragraph (1) of section 2301(c) of the Housing and
Economic Recovery Act of 2008 shall not apply to amounts made
available by this section.
(5) Section 2302 of the Housing and Economic Recovery Act
of 2008 shall not apply to amounts made available by this
section.
(6) The fourth proviso from the end of such second
undesignated paragraph shall be applied to amounts made
available by this section by substituting ``2013'' for
``2012''.
(7) Notwithstanding section 2301(a) of the Housing and
Economic Recovery Act of 2008, the term ``State'' means any
State of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern
Mariana Islands, Guam, the Virgin Islands, American Samoa, and
other territory or possession of the United States for purposes
of this section and title III of division B of such Act, as
applied to amounts made available by this section.
(8)(A) None of the amounts made available by this section
shall be distributed to--
(i) any organization which has been convicted for a
violation under Federal law relating to an election for
Federal office; or
(ii) any organization which employs applicable
individuals.
(B) In this paragraph, the term ``applicable individual''
means an individual who--
(i) is--
(I) employed by the organization in a
permanent or temporary capacity;
(II) contracted or retained by the
organization; or
(III) acting on behalf of, or with the
express or apparent authority of, the
organization; and
(ii) has been convicted for a violation under
Federal law relating to an election for Federal office. | Homeowners' Relief and Neighborhood Stabilization Act of 2010 - Directs the Secretary of the Treasury to transfer to the Secretary of Housing and Urban Development (HUD) $3 billion from Troubled Asset Relief Program (TARP) funds under the Emergency Economic Stabilization Act of 2008 (EESA), to be credited to the Emergency Homeowners' Relief Fund for use for emergency mortgage assistance.
Allows mortgage assistance if the mortgagor has incurred a substantial reduction in income as a result of involuntary unemployment or underemployment due to medical conditions.
Caps the aggregate amount of emergency mortgage assistance provided to a homeowner at $50,000.
Revises conditions and terms of repayment of such assistance to state that: (1) the rate of interest on any loan or advance of credit insured shall be fixed for the life of the loan or advance of credit and shall not exceed the rate of interest generally charged for mortgages on single-family housing insured by the HUD Secretary; (2) interest shall not be charged on interest which is deferred on a loan or advance of credit; and (3) an eligible homeowner who receives a grant or an advance of credit may repay the loan in full, without penalty at any time before the loan becomes due and payable.
Repeals the limitation on mortgage insurance granted by the Secretary to any financial institution to 40% of the total amount of loans and advances the institution makes.
Directs the HUD Secretary to allow funds to be administered by a state with an existing program that provides substantially similar assistance to homeowners.
Amends the Emergency Housing Act of 1975 to reauthorize the Emergency Mortgage Relief Program through FY2011.
Directs the Secretary of the Treasury to transfer to HUD $1 billion for assistance to states and local governments for redevelopment of abandoned and foreclosed homes. | {"src": "billsum_train", "title": "A bill to provide additional emergency mortgage assistance to struggling homeowners, and for other purposes."} | 2,084 | 379 | 0.596444 | 1.868279 | 0.753975 | 4.097345 | 5.752212 | 0.876106 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Municipal Securities Investor
Protection Act of 1996''.
SEC. 2. TREATMENT OF MUNICIPAL SECURITIES IN THE SECURITIES ACT OF
1933.
Section 3 of the Securities Act of 1933 (15 U.S.C. 77c) is amended
by adding at the end the following new subsection:
``(d)(1) Notwithstanding subsection (a)(2), a security issued by a
municipal issuer shall only be exempt from the provisions of this
title--
``(A) if the municipal issuer pledges the full faith and
credit or the taxing power of that municipal issuer to make
timely payments of principal and interest on the obligation; or
``(B) if the municipal issuer--
``(i) offers or sells such securities in a single
transaction in an aggregate principal amount equal to
less than $1,000,000,000; or
``(ii) offers or sells such securities in a series
of related transactions, and at the time of the offer
or sale of such securities, does not reasonably
anticipate that the aggregate principal amount of the
series of related transactions will exceed
$1,000,000,000.
``(2) For purposes of this subsection--
``(A) the term `municipal issuer' means--
``(i) a State, the District of Columbia, or a
Territory of the United States; or
``(ii) a public instrumentality or political
subdivision of an entity referred to in clause (i);
``(B) the term `series of related transactions' means a
series of separate securities offerings made--
``(i) as part of a single plan of financing; or
``(ii) for the same general purpose; and
``(C) the term `reasonably anticipate' shall have the
meaning provided that term by the Commission by regulation,
taking into consideration, as necessary or appropriate--
``(i) the public interest;
``(ii) the protection of investors; and
``(iii) the need to prevent the circumvention of
the requirements of this subsection.''.
SEC. 3. TREATMENT OF MUNICIPAL SECURITIES IN THE SECURITIES EXCHANGE
ACT OF 1934.
(a) In General.--Section 3(a)(12) of the Securities Exchange Act of
1934 (15 U.S.C. 78c(a)(12)) is amended--
(1) in subparagraph (A), by striking clause (ii) and
inserting the following:
``(ii) any security issued by a municipal issuer with
respect to which the municipal issuer--
``(I) pledges the full faith and credit or the
taxing power of that municipal issuer to make timely
payments of principal and interest on the obligation;
or
``(II)(aa) offers or sells such securities in a
single transaction in an aggregate principal amount
equal to less than $1,000,000,000; or
``(bb) offers or sells such securities in a series
of related transactions, and at the time of the offer
or sale of such securities, does not reasonably
anticipate that the aggregate principal amount of the
series of related transactions will exceed
$1,000,000,000;'';
(2) in subparagraph (B)(ii), by striking ``municipal
securities'' and inserting ``the securities described in
subparagraph (A)(ii)'';
(3) by redesignating subparagraph (C) as subparagraph (D);
and
(4) by inserting after subparagraph (B) the following:
``(C) For purposes of subparagraph (A)(ii)--
``(i) the term `municipal issuer' means--
``(I) a State or any political subdivision thereof,
or an agency or instrumentality of a State or any
political subdivision thereof; or
``(II) any municipal corporate instrumentality of a
State;
``(ii) the term `series of related transactions' means a
series of separate securities offerings made--
``(I) as part of a single plan of financing; or
``(II) for the same general purpose; and
``(iii) the term `reasonably anticipate' shall have the
meaning provided that term by the Commission by regulation,
taking into consideration, as necessary or appropriate--
``(I) the public interest;
``(II) the protection of investors; and
``(III) the need to prevent the circumvention of
the requirements of subparagraph (A)(ii).''.
(b) Treatment of Municipal Securities That Are Not Exempted
Securities.--The third sentence of section 15(d) of the Securities
Exchange Act of 1934 (15 U.S.C. 78o(d)) is amended by inserting before
the period the following: ``, except that, with respect to a class of
municipal securities that are not exempted securities, the duty to file
under this subsection may not be suspended by reason of the number of
security holders of record of that class of municipal securities''.
(c) Reporting Prior to the Sale of Securities.--Section 15B(d)(1)
of the Securities Exchange Act of 1934 (15 U.S.C. 78o-4(d)(1)) is
amended--
(1) by striking ``(d)(1) Neither'' and inserting
``(d)(1)(A) Except as provided in subparagraph (B), neither'';
and
(2) by adding at the end the following new subparagraph:
``(B) Subparagraph (A) does not apply to an issuer of any municipal
security that is not an exempted security.''.
SEC. 4. TREATMENT OF CERTAIN MUNICIPAL SECURITIES IN THE TRUST
INDENTURE ACT OF 1939.
Section 304(a)(4) of the Trust Indenture Act of 1939 (15 U.S.C.
77ddd(a)(4)) is amended by striking ``of subsection 3(a) thereof'' and
inserting ``of subsection (a), or subsection (d) of section 3 of that
Act''. | Municipal Securities Investor Protection Act of 1996 - Amends the Securities Act of 1933 and the Securities Exchange Act of 1934 to provide that a municipal issuer shall only be exempt from its provisions if such issuer: (1) pledges its full faith and credit or taxing power to make timely payments of principal and interest; (2) offers or sells such securities in a minimum single transaction amount of under $1 billion; or (3) offers or sells such securities in a series of related transactions, but does not reasonably anticipate that the aggregate principal amount of the series will exceed $1 billion at the time of such offer or sale.
Amends the Securities Exchange Act of 1934 to provide that the duty to file supplementary and periodic information by non-exempt municipal securities may not be suspended by reason of the number of security holders of record of that class of securities.
Authorizes the Securities and Exchange Commission to require non- exempt municipal security issuers to file requisite documents before the sale of such securities.
Amends the Trust Indenture Act of 1939 to make conforming amendments. | {"src": "billsum_train", "title": "Municipal Securities Investor Protection Act of 1996"} | 1,391 | 227 | 0.622731 | 1.798797 | 0.802055 | 3.708738 | 5.81068 | 0.873786 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transportation Security
Administration Ombudsman Act of 2011''.
SEC. 2. TRANSPORTATION SECURITY ADMINISTRATION OMBUDSMAN OFFICE.
(a) In General.--Subchapter II of chapter 449 of title 49, United
States Code is amended by adding at the end the following new section:
``Sec. 44946. Ombudsman
``(a) In General.--
``(1) Establishment.--There is established an Office of the
Ombudsman in the Transportation Security Administration.
``(2) Ombudsman.--
``(A) In general.--The Office shall be under the
direction of the Ombudsman of the Transportation
Security Administration, who shall be appointed by the
Chief Human Capital Officer of the Department of
Homeland Security on behalf of the Secretary of
Homeland Security.
``(B) Qualifications.--An individual appointed as
the Ombudsman must have expertise in--
``(i) labor and employment relations with
Federal agencies; and
``(ii) dispute resolution.
``(C) Notification of appointment and removal.--The
Chief Human Capital Officer of the Department of
Homeland Security shall notify the appropriate
congressional committees within 30 days after the
effective date of any of the following actions:
``(i) The appointment of an individual as
Ombudsman.
``(ii) The reappointment as Ombudsman of an
individual who is serving as Ombudsman.
``(iii) The removal of an individual from
the position of Ombudsman.
``(3) Ensuring independence of ombudsman.--
``(A) In general.--The Ombudsman shall report--
``(i) to the Administrator of the
Transportation Security Administration; and
``(ii) to the Chief Human Capital Officer
of the Department of Homeland Security with
respect to any dispute between the Ombudsman
and the Administrator of Transportation
Security Administration over matters involving
the execution of the Ombudsman's duties as set
forth in subsection (b).
``(B) Inspector general's authority to conduct
investigations not affected.--Nothing in this section
shall prohibit the Inspector General of the Department
of Homeland Security from initiating, carrying out, or
completing any investigation.
``(b) Duties.--The Ombudsman shall--
``(1) conduct outreach to Transportation Security
Administration employees, including publicizing a toll-free
telephone number to report complaints;
``(2) evaluate each complainant's claim objectively;
``(3) provide information, advice, and assistance to
complainants and, as appropriate, initiate informal, impartial
fact-finding and inquiries, on complaints or on the Ombudsman's
own initiative;
``(4) inform each complainant--
``(A) when the Ombudsman decides against conducting
a fact-finding inquiry into the complaint;
``(B) on the status of the Ombudsman's fact-finding
inquiry to the complainant, on a regular basis if
requested by the complainant; and
``(C) of the Ombudsman's recommendations and
information, as appropriate, for the complainant to
formally complain to the appropriate authority;
``(5) work with the Administrator of the Transportation
Security Administration to address issues identified through
fact-finding and inquiries;
``(6) maintain confidential any matter related to
complaints and inquiries, including the identities of the
complainants and witnesses; and
``(7) submit an annual report to the appropriate
congressional committees in accordance with subsection (c).
``(c) Annual Report.--
``(1) In general.--The Ombudsman shall report no later than
September 30 each year to the appropriate congressional
committees on the actions taken by the Office of the Ombudsman
over the preceding year and the objectives of those actions.
``(2) Contents.--Each such report shall, for the period
covered by the report, include--
``(A) statistical information, by region, on the
volume of complaints received, general nature of
complaints, general information on complainants, and
the percentage of complaints that resulted in a fact-
finding inquiry;
``(B) a summary of problems encountered by
complainants, including information on the most
pervasive or serious types of problems encountered by
complainants;
``(C) policy recommendations that the Office of the
Ombudsman made to the Administrator of the
Transportation Security Administration;
``(D) an inventory of the items described in
subparagraphs (B) and (C) for which action has been
taken, and the result of such action;
``(E) an inventory of the items described in
subparagraphs (B) and (C) for which action remains to
be completed; and
``(F) such other information as the Ombudsman
considers relevant.
``(3) Report to be submitted directly.--Each report under
this subsection shall be provided directly to the committees
described in paragraph (1) without any prior comment or
amendment by the Administrator of the Transportation Security
Administration. However, the Ombudsman shall seek comment from
the Administrator to be submitted by the Ombudsman together
with the annual report.
``(4) Other reports.--Nothing in this subsection shall be
construed to preclude the Ombudsman from issuing other reports
on the activities of the Office of the Ombudsman.
``(d) Contact Information.--The Administrator of the Transportation
Security Administration shall make publically available on the Internet
site of the Administration information about the Office of the
Ombudsman, including regarding how to contact the Office.
``(e) Appropriate Congressional Committee Defined.--In this section
the term `appropriate congressional committee' means the Committee on
Homeland Security of the House of Representatives and any committee of
the House of Representatives or the Senate having legislative
jurisdiction under the rules of the House of Representatives or Senate,
respectively, over the matter concerned.''.
(b) Clerical Amendment.--The analysis at the beginning of such
chapter is amended by adding at the end the items relating to
subchapter II the following new item:
``44946. Ombudsman.''.
(c) Authorization of Appropriations.--There is authorized to be
appropriated for each of fiscal years 2012, 2013, and 2014 $575,000 for
implementing section 44946 of title 49, United States Code, as amended
by this section. | Transportation Security Administration Ombudsman Act of 2011 - Establishes in the Transportation Security Administration (TSA) of the Department of Homeland Security (DHS) an Office of the Ombudsman, which shall be headed by the Ombudsman of TSA.
Requires the individual appointed as Ombudsman to have expertise in: (1) labor and employment relations with federal agencies, and (2) dispute resolution.
Directs the Ombudsman to assist TSA employees who have complaints about TSA, including publicizing a toll-free telephone number to report such complaints.
Requires the TSA administrator to make publicly available on the TSA Internet site information about the Office of the Ombudsman, including contact information. Requires the Ombudsman to report annually to Congress on actions taken over the preceding year regarding TSA employee complaints.
Authorizes appropriations for FY2012-FY2014. | {"src": "billsum_train", "title": "To amend title 49, United States Code, to establish an Ombudsman Office within the Transportation Security Administration for the purpose of enhancing transportation security by providing confidential, informal, and neutral assistance to address work-place related problems of Transportation Security Administration employees, and for other purposes."} | 1,436 | 199 | 0.635369 | 1.679052 | 0.746092 | 2.496732 | 8.385621 | 0.849673 |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986.
(a) Short Title.--This Act may be cited as the ``Earned Income Tax
Credit Fraud Prevention Act''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
SEC. 2. EARNED INCOME CREDIT DENIED TO INDIVIDUALS NOT AUTHORIZED TO BE
EMPLOYED IN THE UNITED STATES.
(a) In General.--Section 32(c)(1) (relating to individuals eligible
to claim the earned income tax credit) is amended by adding at the end
the following new subparagraph:
``(F) Identification number requirement.--The term
`eligible individual' does not include any individual
who does not include on the return of tax for the
taxable year--
``(i) such individual's taxpayer
identification number, and
``(ii) if the individual is married (within
the meaning of section 7703), the taxpayer
identification number of such individual's
spouse.''.
(b) Special Identification Number.--Section 32 is amended by adding
at the end the following new subsection:
``(l) Identification Numbers.--Solely for purposes of paragraphs
(1)(F) and (3)(D) of subsection (c), a taxpayer identification number
means a social security number issued to an individual by the Social
Security Administration (other than a social security number issued
pursuant to clause (II) (or that portion of clause (III) that relates
to clause (II)) of section 205(c)(2)(B)(i) of the Social Security
Act).''.
(c) Extension of Procedures Applicable to Mathematical or Clerical
Errors.--Section 6213(g)(2) (relating to the definition of mathematical
or clerical errors) is amended by striking ``and' at the end of
subparagraph (D), by striking the period at the end of subparagraph (E)
and inserting ``, and'', and by inserting after subparagraph (E) the
following new subparagraph:
``(F) an omission of a correct taxpayer
identification number required under section 23
(relating to credit for families with younger children)
or section 32 (relating to the earned income tax
credit) to be included on a return.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1995.
SEC. 3. REPEAL OF EARNED INCOME CREDIT FOR INDIVIDUALS WITHOUT
CHILDREN.
(a) In General.--Subparagraph (A) of section 32(c)(1) (defining
eligible individual) is amended to read as follows:
``(A) In general.--The term `eligible individual'
means any individual who has a qualifying child for the
taxable year.''.
(b) Conforming Amendments.--Each of the tables contained in
paragraphs (1) and (2) of section 32(b) are amended by striking the
items relating to no qualifying children.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1995.
SEC. 4. DECREASE IN EARNED INCOME CREDIT AMOUNTS AND PHASEOUT RANGES.
(a) Decrease in Credit Rate.--
(1) In general.--Subsection (b) of section 32, as amended
by section 3(b), is amended to read as follows:
``(b) Percentages.--
``(1) In general.--The credit percentage and the phaseout
percentage shall be determined as follows:
``In the case of an eligible individual with: The credit percentage is: The phaseout percentage is:
1 qualifying child............................. 34............................ 15.98
2 or more qualifying children.................. 36............................ 20.22
In the case of taxable years beginning in 1996, the credit
percentage for eligible individuals with 2 or more qualifying
children shall be 35 percent.
``(2) Amounts.--The earned income amount and the phaseout
amount shall be determined as follows:
``In the case of an eligible individual with: The earned income amount is: The phaseout amount is:
1 qualifying child............................. $6,000........................ $11,000
2 or more qualifying children.................. $8,425........................ $11,000.''.
(2) Conforming amendment.--Paragraph (1) of section 32(i)
is amended by striking ``subsection (b)(2)(A)'' and inserting
``subsection (b)(2)''.
(b) Inflation Adjustments Terminated.--Section 32(j) (relating to
inflation adjustments) is amended by adding at the end the following
new paragraph:
``(3) Termination.--This subsection shall not apply to any
taxable year beginning after December 31, 1995.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1995.
SEC. 5. RULES RELATING TO DENIAL OF EARNED INCOME CREDIT ON BASIS OF
DISQUALIFIED INCOME.
(a) Definition of Disqualified Income.--Paragraph (2) of section
32(i) (defining disqualified income) is amended by striking ``and'' at
the end of subparagraph (B), by striking the period at the end of
subparagraph (C) and inserting ``, and'' and by adding at the end the
following new subparagraphs:
``(D) capital gain net income,
``(E) the excess (if any) of--
``(i) the aggregate income from all passive
activities for the taxable year (determined
without regard to any amount described in a
preceding subparagraph), over
``(ii) the aggregate losses from all
passive activities for the taxable year (as so
determined), and
``(F) amounts includible in gross income under
section 652 or 662 for the taxable year to the extent
not taken into account under any preceding
subparagraph.
For purposes of subparagraph (E), the term `passive activity'
has the meaning given such term by section 469.''.
(b) Decrease in Amount of Disqualified Income Allowed.--Paragraph
(1) of section 32(i) (relating to denial of credit) is amended by
striking ``$2,350'' and inserting ``$1,000''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1995.
SEC. 6. MODIFICATION OF ADJUSTED GROSS INCOME DEFINITION FOR EARNED
INCOME CREDIT.
(a) In General.--Subparagraph (B) of section 32(a)(2) (relating to
limitation) is amended by striking ``adjusted gross income'' and
inserting ``modified adjusted gross income''.
(b) Modified Adjusted Gross Income Defined.--Section 32(c)
(relating to definitions and special rules) is amended by adding at the
end the following new paragraph:
``(5) Modified adjusted gross income.--The term `modified
adjusted gross income' means adjusted gross income, increased
by the sum of--
``(A) social security benefits (as defined in
section 86(d)) received to the extent not includible in
gross income,
``(B) amounts received by (or on behalf of) a
spouse pursuant to a divorce or separation instrument
(as defined in section 71(b)(2)) which, under the terms
of the instrument, are fixed as payable for the support
of the children of the payor spouse (as determined
under section 71(c)),
``(C) interest received or accrued during the
taxable year which is exempt from tax imposed by this
chapter, and
``(D) any amount received by a participant or
beneficiary under a qualified retirement plan (as
defined in section 4974(c)) to the extent not
includible in gross income.
Subparagraph (D) shall not apply to any amount received if the
recipient transfers such amount in a rollover contribution
described in section 402(c), 403(a)(4), 403(b)(8), or
408(d)(3).''
(c) Study.--The Secretary of the Treasury shall conduct a study of
the Federal tax treatment of child support payments to determine
whether or not changes in such treatment are necessary. The Secretary
shall report to the Committee on Finance of the Senate and the
Committee on Ways and Means of the House of Representatives the results
of the study, including recommendations (if any) which the Secretary
determines appropriate to encourage payment of child support
liabilities by parents and to make both parents more responsible for a
child's economic well-being.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1995.
SEC. 7. EARNED INCOME CREDIT NOT ALLOWED UNTIL RECEIPT OF EMPLOYER'S
WITHHOLDING STATEMENT.
(a) In General.--Section 6401(b) (relating to excessive credits
treated as overpayments) is amended by adding at the end the following
new paragraph:
``(3) Special rule for earned income credit.--For purposes
of paragraph (1), the earned income credit allowed under
section 32 shall not be treated as a credit allowable under
subpart C of part IV of subchapter A of chapter 1 unless the
Secretary is able to verify the amount of such credit by
comparing it with--
``(A) information returns filed with the Secretary
under section 6051(d) by employees of the individual
claiming the credit,
``(B) self-employment tax returns filed with the
Secretary under section 6017, or
``(C) both.
The preceding sentence shall apply to any advanced payment of
the earned income credit under section 3507.''
(b) Effective Date; Study.--
(1) In general.--The amendment made by this section shall
apply to taxable years beginning after December 31, 1996.
(2) Study.--The Secretary of the Treasury shall conduct a
study to determine the delays (if any) which would result in
the processing of Federal income tax returns by reason of the
amendment made by this section. Not later than 1 year after the
date of the enactment of this Act, the Secretary shall report
the results of the study to the Committee on Finance of the
Senate and the Committee on Ways and Means of the House of
Representatives, including recommendations (if any) on ways to
shorten any delay.
SEC. 8. PREVENTION OF FRAUD IN ELECTRONIC RETURNS.
(a) In General.--The Secretary of the Treasury shall provide that
any person applying to be an electronic return originator on or after
the date of the enactment of this Act shall not be approved unless the
applicant provides fingerprints and credit information to the
satisfaction of the Secretary.
(b) Past Applicants.--The Secretary of the Treasury shall apply the
requirements described in subsection (a) to electronic return
originators whose applications were approved before the date of the
enactment of this Act without fingerprints and credit check information
being provided. | Earned Income Tax Credit Fraud Prevention Act - Amends the Internal Revenue Code to define "eligible individual," for earned income credit (EIC) provisions, to exclude any individual who does not include on their return their taxpayer identification number (TIN) and, if married, the TIN of their spouse. Adds to the definition of "mathematical or clerical error," for provisions relating to restrictions applicable to deficiencies and petitions to Tax Court, references to omission of a TIN required by provisions relating to credit for families with younger children or to the EIC.
Removes individuals without children from eligibility for the EIC. Modifies credit and phaseout percentages.
Terminates, on a specified date, provisions providing for inflation adjustments in the earned income amount and the phaseout amount.
Adds to the types of income that, if their aggregate exceeds a specified amount, will deny EIC: (1) capital gain net income; (2) certain income from passive activities; and (3) amounts includible in gross income under provisions relating to beneficiaries of estates and trusts. Lowers the aggregate limit.
Modifies the definition of adjusted gross income for purposes of the maximum limit on EIC.
Mandates a study and report to specified congressional committees on the Federal tax treatment of child support payments to determine whether changes are necessary.
Prohibits considering EIC as an allowable credit, for provisions requiring that excess credits be considered overpayments, unless the EIC can be verified by comparing it with information returns filed by employees of the individual claiming the credit or with self-employment returns. Applies this paragraph to any advanced payment of the EIC under specified provisions. Mandates a study and report to specified congressional committees on the delays (if any) that would result in the processing of Federal income tax returns because of the amendment made by this paragraph.
Prohibits approving the application of any person to be an electronic return originator unless the applicant provides fingerprints and credit information. Applies these requirements to originators whose applications were approved before enactment of this Act. | {"src": "billsum_train", "title": "Earned Income Tax Credit Fraud Prevention Act"} | 2,604 | 454 | 0.488555 | 1.63666 | 0.692226 | 2.431122 | 5.632653 | 0.798469 |
SECTION 1. ELIMINATION OF TAX SUBSIDIES FOR ETHANOL FUEL.
(a) Elimination of Credit for Alcohol Used as Fuel.--
(1) In general.--Subpart D of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 is amended by
striking section 40 (relating to alcohol used as fuel).
(2) Clerical and conforming amendments.--
(A) Subsection (b) of section 38 of such Code
(relating to general business credit) is amended by
striking paragraph (3) and by redesignating paragraphs
(4) through (12) as paragraphs (3) through (11),
respectively.
(B) Paragraph (3) of section 38(d) of such Code
(relating to credits no longer listed) 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 credit allowable by section 40, as in
effect on the day before the date of the enactment of
this subparagraph (relating to alcohol used as fuel)
shall be treated as referred to after the last
paragraph of subsection (b) and after any credits
treated as referred to by reason of subparagraph (A).''
(C) The table of sections for subpart D of part IV
of subchapter A of chapter 1 of such Code is amended by
striking the item relating to section 40.
(D)(i) Part II of subchapter B of chapter 1 of such
Code is amended by striking section 87 (relating to
alcohol fuel credit).
(ii) The table of sections for part II of
subchapter B of chapter 1 of such Code is amended by
striking the item relating to section 87.
(iii) Subsection (a) of section 56 of such Code
(relating to adjustments in computing alternative
minimum taxable income) is amended by striking
paragraph (7) (relating to section 87 not applicable).
(E) Subsection (c) of section 196 of such Code
(relating to qualified business credits) is amended by
striking paragraph (3) and redesignating paragraphs (4)
through (8) as paragraphs (3) through (7),
respectively.
(F) Section 6501(m) of such Code (relating to
deficiencies attributable to election of certain
credits) is amended by striking ``40(f),''.
(b) Reductions of Other Incentives for Ethanol Fuel.--
(1) Repeal of reduced rate on ethanol fuel not produced
from petroleum or natural gas.--Subsection (b) of section 4041
of such Code is amended to read as follows:
``(b) Exemption for Off-Highway Business Use.--
``(1) In general.--No tax shall be imposed by subsection
(a) or (d)(1) on liquids sold for use or used in an off-highway
business use.
``(2) Tax where other use.--If a liquid on which no tax was
imposed by reason of paragraph (1) is used otherwise than in an
off-highway business use, a tax shall be imposed by paragraph
(1)(B), (2)(B), or (3)(A)(ii) of subsection (a) (whichever is
appropriate) and by the corresponding provision of subsection
(d)(1) (if any).
``(3) Off-highway business use defined.--For purposes of
this subsection, the term `off-highway business use' has the
meaning given to such term by section 6421(e)(2); except that
such term shall not, for purposes of subsection (a)(1), include
use in a diesel-powered train.''
(2) Repeal of reduced rate on ethanol fuel produced from
natural gas.--
(A) Paragraph (1) of section 4041(m) of such Code
is amended by striking ``or ethanol'' in the material
preceding subparagraph (A).
(B) Clause (i) of section 4041(m)(1)(A) of such
Code is amended by striking ``shall be--'' and all that
follows and inserting ``shall be 9.15 cents per gallon,
and''.
(C) Clause (ii) of section 4041(m)(1)(A) of such
Code is amended by striking ``shall be--'' and all that
follows and inserting ``shall be 2.15 cents per gallon,
and''.
(D) Paragraph (2) of section 4041(m) of such Code
is amended--
(i) by striking ``or ethanol'' each place
it appears in the heading and text,
(ii) by striking ``, ethanol,'' and
(iii) by inserting ``(other than ethanol)''
after ``alcohol''.
(c) Tax of Fuel Alcohol To Same Extent as Other Motor Fuels.--
(1) Treatment as taxable fuel.--Paragraph (1) of section
4083(a) of such Code (defining taxable fuel) is amended by
striking ``and'' at the end of subparagraph (B), by striking
the period at the end of subparagraph (C) and inserting ``,
and'', and by adding at the end the following:
``(D) fuel alcohol.''
(2) Definition of fuel alcohol.--Subsection (a) of section
4083 of such Code is amended by adding at the end the following
new paragraph:
``(4) Fuel alcohol.--The term `fuel alcohol' means any
alcohol (including ethanol and methanol)--
``(A) which is produced other than from petroleum,
natural gas, or coal (including peat), and
``(B) which is withdrawn from the distillery where
produced free of tax under chapter 51 by reason of
section 5181 or so much of section 5214(a)(1) as
relates to fuel use.''
(3) Rate of tax.--Clause (i) of section 4081(a)(2)(A) of
such Code is amended by striking ``other than aviation
gasoline'' and inserting ``(other than aviation gasoline) and
fuel alcohol''.
(4) Special rules for imposition of tax.--Paragraph (1) of
section 4081(a) of such Code is amended by adding at the end
the following new subparagraph:
``(C) Special rules for fuel alcohol.--In the case
of fuel alcohol--
``(i) the distillery where produced shall
be treated as a refinery, and
``(ii) subparagraph (B) shall be applied by
including transfers by truck or rail in excess
of such minimum quantities as the Secretary
shall prescribe.''
(5) Repeal of reduced rates on alcohol fuels.--
(A) Section 4041 of such Code is amended by
striking subsection (k).
(B) Section 4081 of such Code is amended by
striking subsection (c).
(C) Section 4091 of such Code is amended by
striking subsection (c).
(6) Conforming amendments.--
(A) Subparagraph (A) of section 4041(a)(2) of such
Code is amended--
(i) by inserting ``other than fuel
alcohol'' after ``any product'', and
(ii) by adding at the end the following
flush sentence:
``No tax shall be imposed by this paragraph on the sale
or use of any fuel alcohol if tax was imposed on such
alcohol under section 4081 and the tax thereon was not
credited or refunded.''
(B) Section 6427 of such Code is amended by
striking subsection (f).
(C) Subsection (i) of section 6427 of such Code is
amended by striking paragraph (3).
(D) Paragraph (2) of section 6427(k) of such Code
is amended by striking ``(3),''.
(E)(i) Paragraph (1) of section 6427(l) of such
Code is amended by striking ``or'' at the end of
subparagraph (A), by redesignating subparagraph (B) as
subparagraph (C), and by inserting after subparagraph
(A) the following new subparagraph:
``(B) any fuel alcohol (as defined in section 4083)
on which tax has been imposed by section 4041 or 4081,
or''.
(ii) Paragraph (2) of section 6427(l) of such Code
is amended by striking ``and'' at the end of
subparagraph (A), by redesignating subparagraph (B) as
subparagraph (C), and by inserting after subparagraph
(A) the following new subparagraph:
``(B) in the case of fuel alcohol (as so defined),
any use which is exempt from the tax imposed by section
4041(a)(2) other than by reason of a prior imposition of tax, and''.
(iii) The heading of subsection (l) of section 6427
of such Code is amended by inserting ``, Fuel
Alcohol,'' after ``Kerosene''.
(F) Sections 9503(b)(1)(D) and 9508(b)(2) of such
Code are each amended by striking ``and kerosene'' and
inserting ``kerosene, and fuel alcohol''.
(G) Subsection (e) of section 9502 of such Code is
amended by striking paragraph (2).
(H) Paragraph (4) of section 9503(b) of such Code
is amended by adding ``and'' at the end of subparagraph
(C), by striking the comma at the end of subparagraph
(D) and inserting a period, and by striking
subparagraphs (E) and (F).
(I) Subsection (b) of section 9503 of such Code is
amended by striking paragraph (5) and by redesignating
paragraph (6) as paragraph (5).
(d) Effective Dates.--
(1) General rule.--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) Elimination of section 40 credit.--The amendments made
by subsection (a) shall apply to alcohol produced after the
date of the enactment of this Act.
(e) Floor Stock Taxes.--
(1) Imposition of tax.--In the case of fuel alcohol which
is held on the date of the enactment of this Act by any person,
there is hereby imposed a floor stocks tax of 18.4 cents per
gallon.
(2) Liability for tax and method of payment.--
(A) Liability for tax.--A person holding fuel
alcohol on the date of the enactment of this Act to
which the tax imposed by paragraph (1) applies shall be
liable for such tax.
(B) Method of payment.--The tax imposed by
paragraph (1) shall be paid in such manner as the
Secretary shall prescribe.
(C) Time for payment.--The tax imposed by paragraph
(1) shall be paid on or before the date which is 6
months after the date of the enactment of this Act.
(3) Definitions.--For purposes of this subsection--
(A) Fuel alcohol.--The term ``fuel alcohol'' has
the meaning given such term by section 4083 of the
Internal Revenue Code of 1986, as amended by this
section.
(B) Held by a person.--Fuel alcohol shall be
considered as ``held by a person'' if title thereto has
passed to such person (whether or not delivery to the
person has been made).
(C) Secretary.--The term ``Secretary'' means the
Secretary of the Treasury or his delegate.
(4) Exception for exempt uses.--The tax imposed by
paragraph (1) shall not apply to fuel alcohol held by any
person exclusively for any use to the extent a credit or refund
of the tax imposed by section 4081 of the Internal Revenue Code
of 1986 is allowable for such use.
(5) Exception for fuel held in vehicle tank.--No tax shall
be imposed by paragraph (1) on fuel alcohol held in the tank of
a motor vehicle or motorboat.
(6) Exception for certain amounts of fuel.--
(A) In general.--No tax shall be imposed by
paragraph (1) on fuel alcohol held on the date of the
enactment of this Act by any person if the aggregate
amount of fuel alcohol held by such person on such date
does not exceed 2,000 gallons. The preceding sentence
shall apply only if such person submits to the
Secretary (at the time and in the manner required by
the Secretary) such information as the Secretary shall
require for purposes of this paragraph.
(B) Exempt fuel.--For purposes of subparagraph (A),
there shall not be taken into account fuel held by any
person which is exempt from the tax imposed by
paragraph (1) by reason of paragraph (4) or (5).
(C) Controlled groups.--For purposes of this
paragraph--
(i) Corporations.--
(I) In general.--All persons
treated as a controlled group of
corporations shall be treated as 1
person.
(II) Controlled group of
corporations.--The term ``controlled
group of corporations'' has the meaning
given to such term by subsection (a) of
section 1563 of such Code; except that
for such purposes the phrase ``more
than 50 percent'' shall be substituted
for the phrase ``at least 80 percent''
each place it appears in such
subsection.
(ii) Nonincorporated persons under common
control.--Under regulations prescribed by the
Secretary, principles similar to the principles
of clause (i) shall apply to a group of persons
under common control where 1 or more of such
persons is not a corporation.
(7) Other laws applicable.--All provisions of law,
including penalties, applicable with respect to the taxes
imposed by section 4081 of such Code shall, insofar as
applicable and not inconsistent with the provisions of this
subsection, apply with respect to the floor stock taxes imposed
by paragraph (1) to the same extent as if such taxes were
imposed by such section 4081. | Amends the Internal Revenue Code to: (1) repeal the credit for alcohol used as fuel; (2) tax fuel alcohol to the same extent as gasoline and diesel fuel; and (3) repeal specified incentives for alcohol fuels. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to eliminate tax subsidies for ethanol fuel."} | 3,140 | 44 | 0.476272 | 1.127535 | 0.359625 | 2.543478 | 61.956522 | 0.934783 |
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