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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Balancing the Rights Of Web Surfers
Equally and Responsibly Act of 2017'' or the ``BROWSER Act of 2017''.
SEC. 2. NOTICE OF PRIVACY POLICIES.
(a) In General.--A provider of a covered service shall provide the
users of the service with notice of the privacy policies of the
provider with respect to the service. Such notice shall be clear and
conspicuous.
(b) Availability to Prospective Users.--The notice required by
subsection (a) shall be made available to prospective users--
(1) at the point of sale of, subscription to, or
establishment of an account for the covered service, prior to
such sale, subscription, or establishment, whether such point
of sale, subscription, or establishment is in person, online,
over the telephone, or through another means; or
(2) if there is no such sale, subscription, or
establishment, before the user uses the service.
(c) Persistent Availability.--The notice required by subsection (a)
shall be made persistently available.
(d) Material Changes.--A provider of a covered service shall
provide users with advance notice of any material change to the privacy
policies of the provider. The notice required by this subsection shall
be clear and conspicuous.
SEC. 3. USER OPT-IN OR OPT-OUT APPROVAL RIGHTS BASED ON SENSITIVITY OF
INFORMATION.
(a) Opt-In Approval Required for Sensitive User Information.--
Except as provided in subsection (c), a provider of a covered service
shall obtain opt-in approval from a user to use, disclose, or permit
access to the sensitive user information of the user.
(b) Opt-Out Approval Required for Non-Sensitive User Information.--
Except as provided in subsection (c)--
(1) a provider of a covered service shall obtain opt-out
approval from a user to use, disclose, or permit access to any
of the non-sensitive user information of the user; or
(2) if the provider so chooses, the provider may comply
with the requirement of paragraph (1) by obtaining opt-in
approval from the user to use, disclose, or permit access to
any such non-sensitive user information.
(c) Limitations and Exceptions.--A provider of a covered service
may use, disclose, or permit access to user information without user
approval for the following purposes:
(1) In providing the covered service from which such
information is derived, or in providing services necessary to,
or used in, the provision of such service.
(2) To initiate, render, bill, and collect for the covered
service.
(3) To protect the rights or property of the provider, or
to protect users of the covered service and other service
providers from fraudulent, abusive, or unlawful use of the
service.
(4) To provide location information or non-sensitive user
information--
(A) to a public safety answering point, emergency
medical service provider or emergency dispatch
provider, public safety, fire service, or law
enforcement official, or hospital emergency or trauma
care facility, in order to respond to the request of
the user for emergency services;
(B) to inform the legal guardian of the user, or
members of the immediate family of the user, of the
location of the user in an emergency situation that
involves the risk of death or serious physical harm; or
(C) to providers of information or database
management services solely for purposes of assisting in
the delivery of emergency services in response to an
emergency.
(5) As otherwise required or authorized by law.
(d) Mechanism for Exercising User Approval.--
(1) In general.--A provider of a covered service shall make
available a simple, easy-to-use mechanism for users to grant,
deny, or withdraw opt-in approval or opt-out approval at any
time.
(2) Form and manner.--The mechanism required by paragraph
(1) shall be--
(A) clear and conspicuous; and
(B) made available--
(i) at no additional cost to the user; and
(ii) in a language other than English, if
the provider transacts business with the user
in such other language.
(3) Effect.--The grant, denial, or withdrawal of opt-in
approval or opt-out approval by a user shall--
(A) be given effect promptly; and
(B) remain in effect until the user revokes or
limits such grant, denial, or withdrawal of approval.
SEC. 4. SERVICE OFFERS CONDITIONED ON WAIVERS OF PRIVACY RIGHTS.
A provider of a covered service may not--
(1) condition, or effectively condition, provision of such
service on agreement by a user to waive privacy rights
guaranteed by law or regulation, including this Act; or
(2) terminate such service or otherwise refuse to provide
such service as a direct or indirect consequence of the refusal
of a user to waive any such privacy rights.
SEC. 5. ENFORCEMENT BY FEDERAL TRADE COMMISSION.
(a) General Application.--The requirements of this Act apply,
according to their terms, to--
(1) those persons, partnerships, and corporations over
which the Commission has authority pursuant to section 5(a)(2)
of the Federal Trade Commission Act (15 U.S.C. 45(a)(2)); and
(2) providers of broadband internet access service,
notwithstanding the exception in such section for common
carriers subject to the Communications Act of 1934 (47 U.S.C.
151 et seq.).
(b) Unfair or Deceptive Acts or Practices.--A violation of this Act
shall be treated as an unfair or deceptive act or practice in or
affecting commerce for purposes of section 5(a)(2) of the Federal Trade
Commission Act (15 U.S.C. 45(a)(2)).
(c) Powers of Commission.--Except as provided in subsection (a)(2)
of this section--
(1) the Commission shall enforce this Act in the same
manner, by the same means, and with the same jurisdiction,
powers, and duties as though all applicable terms and
provisions of the Federal Trade Commission Act (15 U.S.C. 41 et
seq.) were incorporated into and made a part of this Act; and
(2) any person who violates this Act shall be subject to
the penalties and entitled to the privileges and immunities
provided in the Federal Trade Commission Act.
SEC. 6. DEFINITIONS.
In this Act:
(1) Broadband internet access service.--
(A) In general.--The term ``broadband internet
access service'' means a mass-market retail service by
wire or radio that provides the capability to transmit
data to and receive data from all or substantially all
internet endpoints, including any capabilities that are
incidental to and enable the operation of the
communications service, but excluding dial-up internet
access service.
(B) Functional equivalent; evasion.--Such term also
includes any service that--
(i) the Commission finds to be providing a
functional equivalent of the service described
in subparagraph (A); or
(ii) is used to evade the protections set
forth in this Act.
(2) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(3) Covered service.--The term ``covered service'' means--
(A) broadband internet access service; or
(B) an edge service.
(4) Edge service.--The term ``edge service''--
(A) means a service provided over the internet--
(i) for which the provider requires the
user to subscribe or establish an account in
order to use the service;
(ii) that the user purchases from the
provider of the service without a subscription
or account;
(iii) by which a program searches for and
identifies items in a database that correspond
to keywords or characters specified by the
user, used especially for finding particular
sites on the World Wide Web; or
(iv) by which the user divulges sensitive
user information; and
(B) includes a service described in subparagraph
(A) that is provided through a software program,
including a mobile application.
(5) Emergency services.--The term ``emergency services''
has the meaning given such term in section 222 of the
Communications Act of 1934 (47 U.S.C. 222).
(6) Material.--The term ``material'' means, with respect to
a change in a privacy policy of a provider of a covered
service, any change in such policy that a user of the service,
acting reasonably under the circumstances, would consider
important to the decisions of the user regarding the privacy of
the user, including any change to information required to be
included in a privacy notice under section 2.
(7) Mobile application.--The term ``mobile application''
means a software program that runs on the operating system of a
mobile device.
(8) Non-sensitive user information.--The term ``non-
sensitive user information'' means any user information that is
not sensitive user information.
(9) Opt-in approval.--The term ``opt-in approval'' means a
method for obtaining from a user of a covered service consent
to use, disclose, or permit access to sensitive user
information under which the provider of the service obtains
express consent allowing the requested usage, disclosure, or
access to the sensitive user information.
(10) Opt-out approval.--The term ``opt-out approval'' means
a method for obtaining from a user of a covered service consent
to use, disclose, or permit access to non-sensitive user
information under which the user is deemed to have consented to
the use, disclosure, or access to the non-sensitive user
information if the user has failed to object to such use,
disclosure, or access.
(11) Public safety answering point.--The term ``public
safety answering point'' has the meaning given such term in
section 222 of the Communications Act of 1934 (47 U.S.C. 222).
(12) Sensitive user information.--The term ``sensitive user
information'' includes any of the following:
(A) Financial information.
(B) Health information.
(C) Information pertaining to children under the
age of 13.
(D) Social Security number.
(E) Precise geo-location information.
(F) Content of communications.
(G) Web browsing history, history of usage of a
software program (including a mobile application), and
the functional equivalents of either.
(13) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, Guam, American Samoa, the Virgin Islands of the United
States, the Commonwealth of the Northern Mariana Islands, any
other territory or possession of the United States, and each
federally recognized Indian Tribe.
(14) User.--The term ``user'' means, with respect to a
covered service, a person who--
(A) is a current or former--
(i) subscriber to such service; or
(ii) holder of an account for such service;
(B) purchases such service without a subscription
or account;
(C) is an applicant for such service; or
(D) in the case of a service described in clause
(iii) or (iv) of paragraph (4)(A), uses the service.
(15) User information.--The term ``user information'' means
any information that--
(A) a provider of a covered service acquires in
connection with the provision of such service; and
(B) is linked or reasonably linkable to an
individual.
SEC. 7. RELATIONSHIP TO OTHER LAW.
(a) Preemption of State Law.--No State or political subdivision of
a State shall, with respect to a provider of a covered service subject
to this Act, adopt, maintain, enforce, or impose or continue in effect
any law, rule, regulation, duty, requirement, standard, or other
provision having the force and effect of law relating to or with
respect to the privacy of user information.
(b) Other Federal Law.--
(1) In general.--Except as provided in paragraph (2),
nothing in this Act shall be construed to supercede any other
Federal statute or regulation relating to information privacy.
(2) Communications act of 1934.--Insofar as any provision
of the Communications Act of 1934 (47 U.S.C. 151 et seq.) or
any regulations promulgated under such Act apply to any person,
partnership, or corporation subject to this Act with respect to
privacy policies, terms of service, and practices covered by
this Act, such provision of the Communications Act of 1934 or
such regulations shall have no force or effect, unless such
regulations pertain to emergency services. | Balancing the Rights Of Web Surfers Equally and Responsibly Act of 2017 or the BROWSER Act of 2017 This bill authorizes the Federal Trade Commission to enforce information privacy protections that require broadband Internet access services and certain websites or mobile applications providing subscription, account, purchase, or search engine services to allow users to opt-in or opt-out of the use, disclosure, or access to their user information depending on the sensitivity of the information. Opt-in approval through the user's express consent must be obtained for the use of sensitive information that is: financial information, health information, about children under 13, Social Security numbers, precise geo-location information, content of communications, web browsing history, or history of usage of a software program or mobile application. Opt-out approval must be provided for the use of non-sensitive user information under a method in which users are deemed to have consented if they fail to object after being provided notice of privacy policies. The bill allows a service provider to use information without approval for specified purposes, including for services necessary for provision of the service and to initiate, render, bill, and collect for the service. Service providers must allow users to grant, deny, or withdraw approval at any time. The bill prohibits providers from conditioning service on a user's agreement to waive privacy rights. | {"src": "billsum_train", "title": "Balancing the Rights Of Web Surfers Equally and Responsibly Act of 2017"} | 2,839 | 285 | 0.633466 | 2.109569 | 0.784959 | 2.958333 | 9.94697 | 0.882576 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness, Accountability, and
Certainty for Taxpayers in Coal Leasing Act''.
SEC. 2. SENSE OF THE SENATE RELATING TO A REVIEW OF THE FEDERAL COAL
LEASING PROGRAM.
It is the sense of the Senate that--
(1) the Federal coal leasing program should be reviewed--
(A) to ensure that taxpayers receive a fair rate of
return for Federal minerals;
(B) to provide appropriate transparency; and
(C) to ensure that management of Federal land and
minerals is in the public interest;
(2) the responsible development of coal resources on
Federal land provides an important source of jobs and revenue
for States and local economies; and
(3) the review under paragraph (1) should be completed as
soon as practicable after the date of enactment of this Act.
SEC. 3. DEADLINE FOR COMPLETION OF A PROGRAMMATIC ENVIRONMENTAL IMPACT
STATEMENT.
Not later than January 15, 2021, the Secretary of the Interior
shall complete the programmatic review of coal leasing on Federal land
described in section 4 of Secretarial Order 3338, issued by the
Secretary of the Interior on January 15, 2016.
SEC. 4. ROYALTY POLICY COMMITTEE.
(a) In General.--To ensure consultation with key State, tribal,
environmental, energy, and Federal stakeholders, not later than 180
days after the date of enactment of this Act, the Secretary of the
Interior (referred to in this section as the ``Secretary'') shall
reestablish the Royalty Policy Committee (referred to in this section
as the ``Committee'') in accordance with the charter of the Secretary,
dated March 26, 2010, as modified by this section.
(b) Duties.--The Committee shall--
(1) provide advice to the Secretary, acting through the
Director of the Office of Natural Resource Revenue, on the
management of Federal and Indian mineral leases and revenues
under the law governing the Department of the Interior;
(2) review and comment on revenue management and other
mineral and energy-related policies; and
(3) provide a forum to convey views representative of
mineral lessees, operators, revenue payers, revenue recipients,
governmental agencies, and public interest groups.
(c) Advisory.--The duties of the Committee shall be solely
advisory.
(d) Meetings.--The Committee shall meet at least once a year at the
request of the Secretary.
(e) Duration.--The charter of the Committee may be renewed in 2-
year increments by the Secretary.
(f) Membership.--
(1) In general.--Subject to paragraph (2), the Secretary
shall appoint non-Federal members and alternates to the
Committee for a term of up to 3 years.
(2) Terms.--
(A) In general.--The terms of non-Federal Committee
members and alternates shall be staggered to preserve
the integrity of the Committee.
(B) Terms.--Except as provided in subparagraph (C),
the terms of new or reappointed non-Federal members of
the Committee shall be 3 years.
(C) Shorter terms.--If a term of 3 years would
result in more than \1/3\ of the terms of the non-
Federal members expiring in any year, appointments of
non-Federal members may be extended for 1 year or 2
terms to provide continuity of the Committee.
(D) Maximum number of years.--
(i) In general.--Subject to clause (ii),
non-Federal members may not serve more than 6
consecutive years as a member of the Committee.
(ii) Reappointment.--After a 2-year break
in service, any non-Federal member who has
served 6 consecutive years shall be eligible
for reappointment to the Committee.
(3) Meetings.--The Secretary may revoke the appointment of
a member of the Committee and the alternate if the appointed
member or alternate fails to attend 2 or more consecutive
meetings of the Committee.
(4) Balanced representation.--Committee members shall be
comprised of non-Federal and Federal members in order to ensure
fair and balanced representation with consideration for the
efficiency and fiscal economy of the Committee.
(5) Discretionary service.--All members of the Committee
shall serve at the discretion of the Secretary.
(6) Non-federal members.--In appointing non-Federal members
of the Committee, the Secretary shall appoint up to--
(A) 5 members who represent States that receive
over $10,000,000 annually in royalty revenues from
Federal leases;
(B) 5 members who represent Indian tribes;
(C) 5 members who represent various mineral or
energy interests, including at least 1 member who
represents labor interests; and
(D) 5 members who represent public interest groups,
including groups representing taxpayers and groups with
academic expertise.
(7) Federal members.--The following officials, or their
designees, shall be nonvoting, ex-officio members of the
Committee:
(A) The Assistant Secretary of Indian Affairs.
(B) The Director of the Bureau of Land Management.
(C) The Director of the Office of Natural Resources
Revenue.
(g) Subcommittees.--
(1) In general.--Subject to the approval of the Secretary
and paragraph (2), subcommittees or workgroups of the Committee
may be formed for the purposes of compiling information or
conducting research.
(2) Administration.--Subcommittees or workgroups of the
Committee shall--
(A) act only under the direction of the Committee;
and
(B) report their recommendations to the full
Committee for consideration.
(3) Appointment.--The Committee Chair, with the approval of
the Secretary of the Interior, shall appoint subcommittee or
workgroup members.
(4) Meetings.--Subcommittees and workgroups of the
Committee shall meet as necessary to accomplish assignments,
subject to the approval of the Secretary and the availability
of resources.
SEC. 5. EMERGENCY LEASING.
(a) In General.--As soon as practicable after the date of enactment
of this Act, the Secretary of the Interior shall amend section 3425.1-4
of title 43, Code of Federal Regulations, and Secretarial Order 3338,
issued by the Secretary of the Interior on January 15, 2016, to
authorize earlier emergency leasing than is authorized under section
3425.1-4 of title 43, Code of Federal Regulations (as of the date of
enactment of this Act).
(b) Administration.--In carrying out subsection (a), the Secretary
of the Interior shall substitute ``4 years'' for ``3 years'' each place
it appears in section 3425.1-4 of title 43, Code of Federal
Regulations, for the duration of the programmatic review of the Federal
coal program and the limitations on the issuance of Federal coal leases
described in Secretarial Order 3338 issued by the Secretary of the
Interior on January 15, 2016. | Fairness, Accountability, and Certainty for Taxpayers in Coal Leasing Act This bill establishes a deadline for the Department of the Interior to complete a comprehensive review of the federal coal leasing program.The review, in the form of a Programmatic Environmental Impact Statement, is designed to ensure that the federal coal program is properly structured to provide a fair return to taxpayers and toreflect its impacts on the environment, while continuing to helpmeet energy needs. In addition, Interior shall reestablish the Royalty Policy Committee to ensure consultation among state, tribal, environmental, energy, and federal stakeholders.The committee must provide advice to Interior on the management of federal and Indian mineral leases and shall be composed of federal and non-federal members. The bill also requires Interior to authorize earlier emergency coal leasing than is currently authorized under federal regulations. | {"src": "billsum_train", "title": "Fairness, Accountability, and Certainty for Taxpayers in Coal Leasing Act"} | 1,575 | 185 | 0.64313 | 1.828901 | 0.804053 | 2.993548 | 8.903226 | 0.851613 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transparent Review of the
Affordability and Cost of Electricity (TRACE) Renewable Energy Act of
2010''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Federal energy-specific subsidies and support to all
forms of energy were estimated to be $16.6 billion in 2007,
indicating that total Federal energy subsidies have more than
doubled over the previous ten years, according to the Federal
Financial Interventions and Subsidies in Energy Markets 2007
report by the Energy Information Administration.
(2) Research, development, and installation of renewable
and other low-emission technologies for electric power
generation have been a high priority for the 110th and 111th
Congresses.
(3) There is a growing need for accurate reporting on the
costs associated with each form of alternative energy
generation technology because of the significant Federal action
and investment in such technology.
(4) The costs associated with alternative energy generation
technology should be analyzed and made available to assess the
ability of each new technology to compete in the marketplace,
without Federal subsidy or support, and to optimize the
deployment of such technology.
(5) The Energy Information Administration has previously
created forms and guidelines to collect the necessary
information for such reporting and has collected information
for several years; however, the program ended due to funding
constraints and the lack of an authorization from Congress.
SEC. 3. ELECTRIC PRODUCTION COST REPORT.
Title II of the Public Utility Regulatory Policies Act of 1978 is
amended by adding after section 214 (16 U.S.C. 824 note) the following:
``SEC. 215. ELECTRIC PRODUCTION COST REPORT.
``(a) Electricity Report.--The Secretary, acting through the
Administrator of the Energy Information Administration (in this section
referred to as the `Administrator'), shall prepare and publish an
annual report, at the times specified in subsection (c), setting forth
the costs of electricity production per kilowatt hour, by sector and
energy source, for each type of electric energy generation. The report
shall include each of the following for the period covered by the
report:
``(1) The quantity of carbon dioxide emitted per kilowatt
hour.
``(2) The cost of electricity generation in cents per
kilowatt hour, or dollars per megawatt hour, for each type of
electric energy generation in the United States.
``(3) The factors used to levelize costs, including
amortized capital costs, current and projected fuel costs,
regular operation and maintenance, projected equipment, and
hardware lifetimes.
``(4) The costs for constructing new electric transmission
lines dedicated to, or intended specifically to benefit,
electric generation facilities in each sector and for each
energy source, to the extent practicable.
``(b) Collection and Use of Data.--
``(1) Data collection.--The Administrator shall collect
data and use all currently available data necessary to complete
the report under subsection (a). Such data may be collected
from any electric utility, including public utilities,
independent power producers, cogenerating and qualified
facilities, and all State, local, and federally owned power
producers.
``(2) Cooperation of other agencies.--The heads of other
Federal departments, agencies, and instrumentalities of the
United States shall assist with the collection of data as
necessary to complete the report under subsection (a),
including the Chairman of the Federal Energy Regulatory
Commission, the Administrator of the Rural Utilities Service,
the Director of the Minerals Management Service, and the
Administrator of the Environmental Protection Agency.
``(c) Issuance of Reports.--
``(1) Reports for data previously collected.--As soon as
practicable, the Administrator shall prepare and publish
reports containing the information specified in subsection (a)
for each year for which the data was collected before the date
of the enactment of this section.
``(2) Annual reports.--
``(A) First report.--For the year 2012, the
Administrator shall collect all necessary data for the
completion of the report under subsection (a) by
January 31, 2013, and shall issue the report based on
that data by June 30, 2013.
``(B) Subsequent annual reports.--For each year
after 2012, the Administrator shall collect all
necessary data for the completion of the report under
subsection (a) by January 31 of the year following the
year for which the data was collected, and shall issue
the report based on that data not later than April 30
of the year following the year for which the data was
collected.
``(d) Review of Electricity Report.--Following the completion of
each report under subsection (a), the Administrator may review the
findings with organizations that have expertise in the energy industry
and demonstrated experience generating similar industry reports, for
the purpose of improving the utility, accuracy, and timeliness of
future reports.''. | Transparent Review of the Affordability and Cost of Electricity (TRACE) Renewable Energy Act of 2010 - Amends the Public Utility Regulatory Policies Act of 1978 to direct the Secretary of Energy, acting through the Administrator of the Energy Information Administration, to prepare and publish an annual report setting forth the costs of electricity production per kilowatt hour, by sector and energy source, for each type of electric energy generation. | {"src": "billsum_train", "title": "To amend the Public Utility Regulatory Policies Act of 1978 to provide for an annual electric production cost report."} | 1,049 | 91 | 0.58235 | 1.49793 | 1.026631 | 7.605263 | 13.434211 | 0.973684 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Independent Office of Advocacy Act
of 2003''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) excessive regulations continue to burden United States
small business concerns;
(2) Federal agencies are reluctant to comply with the
requirements of chapter 6 of title 5, United States Code, and
continue to propose regulations that impose disproportionate
burdens on small entities;
(3) the Office of Advocacy of the Small Business
Administration (referred to in this Act as the ``Office'') is
an effective advocate for small entities, including small
business concerns, that can help to ensure that agencies are
responsive to small business concerns and that agencies comply
with their statutory obligations under chapter 6 of title 5,
United States Code, and under the Small Business Regulatory
Enforcement Fairness Act of 1996 (Public Law 104-121; 106 Stat.
4249 et seq.);
(4) the independence of the Office is essential to ensure
that it can serve as an effective advocate for small business
concerns without being restricted by the views or policies of
the Small Business Administration or any other executive branch
agency;
(5) the Office needs sufficient resources to conduct the
research required to assess effectively the impact of
regulations on small business concerns; and
(6) the research, information, and expertise of the Office
make it a valuable adviser to Congress as well as the executive
branch agencies with which the Office works on behalf of small
business concerns.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to ensure that the Office has the statutory
independence and adequate financial resources to advocate for
and on behalf of small business concerns;
(2) to require that the Office report to the Chairmen and
Ranking Members of the Committees on Small Business of the
Senate and the House of Representatives and the Administrator
of the Small Business Administration in order to keep them
fully and currently informed about issues and regulations
affecting small business concerns and the necessity for
corrective action by the regulatory agency or the Congress;
(3) to provide a separate authorization for appropriations
for the Office;
(4) to authorize the Office to report to the President and
to the Congress regarding agency compliance with chapter 6 of
title 5, United States Code; and
(5) to enhance the role of the Office pursuant to chapter 6
of title 5, United States Code.
SEC. 4. OFFICE OF ADVOCACY.
(a) In General.--Title II of Public Law 94-305 (15 U.S.C. 634a et
seq.) is amended by striking sections 201 through 203 and inserting the
following:
``SEC. 201. SHORT TITLE.
``This title may be cited as the `Office of Advocacy Act'.
``SEC. 202. DEFINITIONS.
``In this title--
``(1) the term `Administration' means the Small Business
Administration;
``(2) the term `Administrator' means the Administrator of
the Small Business Administration;
``(3) the term `Chief Counsel' means the Chief Counsel for
Advocacy appointed under section 203;
``(4) the term `Office' means the Office of Advocacy
established under section 203; and
``(5) the term `small business concern' has the same
meaning as in section 3 of the Small Business Act (15 U.S.C.
632).
``SEC. 203. ESTABLISHMENT OF OFFICE OF ADVOCACY.
``(a) Establishment.--
``(1) In general.--There is established in the
Administration an Office of Advocacy.
``(2) Appropriation requests.--Each budget of the United
States Government submitted by the President under section 1105
of title 31, United States Code, shall include a separate
statement of the amount of appropriations requested for the
Office of Advocacy, which shall be designated in a separate
account in the General Fund of the Treasury.
``(b) Chief Counsel for Advocacy.--
``(1) In general.--The management of the Office shall be
vested in a Chief Counsel for Advocacy, who shall be appointed
from civilian life by the President, by and with the advice and
consent of the Senate, without regard to political affiliation
and solely on the ground of fitness to perform the duties of
the office.
``(2) Employment restriction.--The individual appointed to
the office of Chief Counsel may not serve as an officer or
employee of the Administration during the 5-year period
preceding the date of appointment.
``(c) Primary Functions.--The Office shall--
``(1) examine the role of small business concerns in the
economy of the United States and the contribution that small
business concerns can make in improving competition,
encouraging economic and social mobility for all citizens,
restraining inflation, spurring production, expanding
employment opportunities, increasing productivity, promoting
exports, stimulating innovation and entrepreneurship, and
providing the means by which new and untested products and
services can be brought to the marketplace;
``(2) assess the effectiveness of Federal subsidy and
assistance programs for small business concerns and the
desirability of reducing the emphasis on those programs and
increasing the emphasis on general assistance programs designed
to benefit all small business concerns;
``(3) measure the direct costs and other effects of
government regulation of small business concerns, and make
legislative, regulatory, and nonlegislative proposals for
eliminating the excessive or unnecessary regulation of small
business concerns;
``(4) determine the impact of the tax structure on small
business concerns and make legislative, regulatory, and other
proposals for altering the tax structure to enable all small
business concerns to realize their potential for contributing
to the improvement of the Nation's economic well-being;
``(5) study the ability of financial markets and
institutions to meet the credit needs of small business
concerns, and determine the impact of government demands on
credit for small business concerns;
``(6) determine financial resource availability and
recommend, with respect to small business concerns, methods
for--
``(A) delivery of financial assistance, including
methods for securing equity capital, to small business
concerns--
``(i) owned and controlled by socially and
economically disadvantaged individuals;
``(ii) owned and controlled by women;
``(iii) owned and controlled by veterans;
or
``(iv) designated as HUBZone small business
concerns by the Administration;
``(B) generating markets for goods and services;
``(C) providing effective business education, more
effective management and technical assistance, and
training; and
``(D) assistance in complying with Federal, State,
and local laws;
``(7) evaluate the efforts of Federal agencies and the
private sector to assist small business concerns--
``(i) owned and controlled by socially and
economically disadvantaged individuals;
``(ii) owned and controlled by women;
``(iii) owned and controlled by veterans;
or
``(iv) designated as HUBZone small business
concerns by the Administration;
``(8) make such recommendations as may be appropriate to
assist the development and strengthening of small business
concerns--
``(i) owned and controlled by socially and
economically disadvantaged individuals;
``(ii) owned and controlled by women;
``(iii) owned and controlled by veterans;
or
``(iv) designated as HUBZone small business
concerns by the Administration;
``(9) recommend specific measures for creating an
environment in which all small business concerns will have the
opportunity--
``(A) to compete effectively and expand to their
full potential; and
``(B) to ascertain any common reasons for the
successes and failures of small business concerns;
``(10) determine the desirability of developing a set of
rational, objective criteria to be used to define the term
`small business concern', and develop such criteria, if
appropriate;
``(11) make recommendations and submit reports to the
Chairmen and Ranking Members of the Committees on Small
Business of the Senate and the House of Representatives and the
Administrator with respect to issues and regulations affecting
small business concerns and the necessity for corrective action
by the Administrator, any Federal department or agency, or the
Congress; and
``(12) evaluate the efforts of each department and agency
of the United States, and of private industry, to assist small
business concerns owned and controlled by veterans, as defined
in section 3(q) of the Small Business Act (15 U.S.C. 632(q)),
and small business concerns owned and controlled by serviced-
disabled veterans, as defined in such section 3(q), and to
provide statistical information on the utilization of such
programs by such small business concerns, and to make
appropriate recommendations to the Administrator and to the
Congress in order to promote the establishment and growth of
those small business concerns.
``(d) Additional Functions.--The Office shall, on a continuing
basis--
``(1) serve as a focal point for the receipt of complaints,
criticisms, and suggestions concerning the policies and
activities of the Administration and any other department or
agency of the Federal Government that affects small business
concerns;
``(2) counsel small business concerns on the means by which
to resolve questions and problems concerning the relationship
between small business and the Federal Government;
``(3) develop proposals for changes in the policies and
activities of any agency of the Federal Government that will
better fulfill the purposes of this title and communicate such
proposals to the appropriate Federal agencies;
``(4) represent the views and interests of small business
concerns before other Federal agencies whose policies and
activities may affect small business;
``(5) enlist the cooperation and assistance of public and
private agencies, businesses, and other organizations in
disseminating information about the programs and services
provided by the Federal Government that are of benefit to small
business concerns, and information on the means by which small
business concerns can participate in or make use of such
programs and services; and
``(6) carry out the responsibilities of the Office under
chapter 6 of title 5, United States Code.
``(e) Overhead and Administrative Support.--The Administrator shall
provide the Office with appropriate and adequate office space at
central and field office locations of the Administration, together with
such equipment, office supplies, and communications facilities and
services as may be necessary for the operation of such offices, and
shall provide necessary maintenance services for such offices and the
equipment and facilities located therein.''.
(b) Reports to Congress.--Title II of Public Law 94-305 (15 U.S.C.
634a et seq.) is amended by striking section 206 and inserting the
following:
``SEC. 206. REPORTS TO CONGRESS.
``(a) Annual Reports.--Not less than annually, the Chief Counsel
shall submit to the President and to the Committees on Small Business
of the Senate and the House of Representatives, the Committee on
Governmental Affairs of the Senate, the Committee on Government Reform
of the House of Representatives, and the Committees on the Judiciary of
the Senate and the House of Representatives, a report on agency
compliance with chapter 6 of title 5, United States Code.
``(b) Additional Reports.--In addition to the reports required
under subsection (a) of this section and section 203(c)(11), the Chief
Counsel may prepare and publish such reports as the Chief Counsel
determines to be appropriate.
``(c) Prohibition.--No report under this title shall be submitted
to the Office of Management and Budget or to any other department or
agency of the Federal Government for any purpose before submission of
the report to the President and to the Congress.''.
(c) Authorization of Appropriations.--Title II of Public Law 94-305
(15 U.S.C. 634a et seq.) is amended by striking section 207 and
inserting the following:
``SEC. 207. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated to the
Office to carry out this title, such sums as may be necessary for each
fiscal year.
``(b) Availability.--Any amount appropriated under subsection (a)
shall remain available, without fiscal year limitation, until
expended.''.
(d) Incumbent Chief Counsel for Advocacy.--The individual serving
as the Chief Counsel for Advocacy of the Small Business Administration
on the date of enactment of this Act shall continue to serve in that
position after such date in accordance with section 203 of the Office
of Advocacy Act, as amended by this section. | Independent Office of Advocacy Act of 2003 - Amends the Small Business Act regarding the establishment of the Office of Advocacy to: (1) require each annual budget submitted by the President to include a separate statement of the amount of appropriations requested for such Office; (2) require the Office to recommend methods for the delivery of financial assistance to women-owned businesses, businesses owned and controlled by socially and economically disadvantaged individuals or veterans, and businesses designated as HUBZone small businesses, and evaluate the efforts of Federal agencies and the private sector in assisting such businesses; (3) require the Office to make recommendations and submit specified reports concerning issues and regulations affecting small business and any necessity for corrective action; and (4) require the Office to evaluate the efforts of the Federal Government and private industry to assist small businesses owned by veterans and service-disabled veterans. Requires the SBA to provide appropriate administrative support to the Office.Requires the Chief Counsel to report annually to the President and specified congressional committees on agency compliance with Federal regulatory analysis requirements. | {"src": "billsum_train", "title": "A bill to ensure the independence and nonpartisan operation of the Office of Advocacy of the Small Business Administration."} | 2,721 | 223 | 0.641888 | 1.915592 | 0.752222 | 2.955 | 13.195 | 0.945 |
SECTION 1. NAVAJO RESERVATION BOUNDARY CLARIFICATION.
Subsection (b) of section 11 of the Act of December 22, 1974 (25
U.S.C. 640d-10(b)) is amended--
(1) by striking ``present boundary of the Navajo
Reservation'' and inserting ``trust lands of the Navajo Tribe,
including the bands of the Navajo Tribe, as of January 1,
2014''; and
(2) by striking ``present boundary of the reservation'' and
inserting ``trust lands of the Navajo Tribe, including the
bands of the Navajo Tribe, as of January 1, 2014''.
SEC. 2. RESELECTION OF LANDS TO CORRECT SURVEYING ERROR.
Section 11 of the Act of December 22, 1974 (25 U.S.C. 640d-10) is
amended by adding at the end the following:
``(j) The Navajo Tribe shall have the right to deselect not more
than 757 acres of the land selected under this section as of January 1,
2014, whether or not that land has already been taken into trust by the
Secretary. Trust land deselected by the Navajo Tribe shall be taken out
of trust and shall be administered by the Bureau of Land Management.
The Navajo Tribe shall then have the right to reselect up to the same
amount of land that is deselected and returned, in accordance with the
provisions of this section.''.
SEC. 3. FAIR RENTAL VALUE PAYMENTS REPORT.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of the Interior shall submit a report to the Committee on
Natural Resources in the House of Representatives and the Committee on
Indian Affairs in the Senate a report that contains the following:
(1) The dates that the Secretary rendered initial rental
decisions on annual rents owed by the Navajo Tribe to the Hopi
Tribe pursuant to section 16(a) of the Act of December 22, 1974
(25 U.S.C. 640d-15(a)) for each of years 2001 through 2013,
including an explanation for any delay longer than 12 months
after the end of any year during that period.
(2) The current status of all rental determinations for
each of years 2001 through 2013, and, to the extent appeals are
pending with the Secretary, where these appeals are pending,
and how long such appeals have been pending at that locale.
(3) To the extent that rental determinations have been
delayed, the role, if any, in the delay that has been the
result of contracts with the Bureau of Indian Affairs related
to a contract under the Indian Self-Determination Act (25
U.S.C. 450f).
(4) What contract provisions, if any, have been included in
any contract under the Indian Self-Determination Act (25 U.S.C.
450f) between the Bureau of Indian Affairs and any contractor
to ensure that the contractor's performance of those functions
which are otherwise the obligations of the Bureau of Indian
Affairs to carry out the requirements of section 16(a) of the
Act of December 22, 1974 (25 U.S.C. 640d-15(a)) is free from
conflicts of interest as required by part 900.231 through part
900.236 of title 25, Code of Federal Regulations.
(5) The total amount that the Navajo Tribe has paid as rent
and interest pursuant to section 16(a) of the Act of December
22, 1974 (25 U.S.C. 640d-15(a)), including the amount of
prejudgment interest paid by the Navajo Tribe and the amount of
post-judgment interest paid by the Navajo Tribe.
(6) A plan to bring initial rental determinations current
through the 2014 year as of April 1, 2015.
(7) A plan to ensure that, beginning on April 1, 2016, all
annual rental determinations are completed and delivered to the
Navajo Tribe and the Hopi Tribe on or before April 1 of each
year.
SEC. 4. NAVAJO TRIBE SOVEREIGNTY EMPOWERMENT DEMONSTRATION PROJECT.
(a) Navajo Sovereignty Empowerment Zones.--The Navajo Tribe shall
have the authority to designate up to 150,000 acres within one or more
of the following, which shall be designated as Navajo Sovereignty
Empowerment Zones:
(1) All lands selected by the Navajo Tribe pursuant to
section 11 of the Act of December 22, 1974 (25 U.S.C. 640d-10).
(2) The lands within that portion of the Navajo Reservation
lying west of the Executive Order Reservation of 1882 and
bounded on the north and south by westerly extensions, to the
reservation line, of the northern and southern boundaries of
said Executive Order Reservation (formerly known as the
``Bennett Freeze'' area).
(3) All lands partitioned to the Navajo Tribe pursuant to
sections 3 and 4 of the Act of December 22, 1974 (25 U.S.C.
640d-2 and 640d-3).
(b) Applicability of Certain Laws.--Within the Navajo Sovereignty
Empowerment Zones, the following laws are waived with regard to
renewable energy development, housing development, public and community
facilities, and infrastructure development (such as water and
wastewater development, roads, transmission lines, gas lines, and
rights-of-way):
(1) The Wilderness Act (16 U.S.C. 1131 et seq.).
(2) The National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(3) The Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
(4) The National Historic Preservation Act (16 U.S.C. 470
et seq.).
(5) Public Law 86-523 (16 U.S.C. 469 et seq.).
(6) The Act of June 8, 1906 (commonly known as the
``Antiquities Act of 1906'' (16 U.S.C. 431 et seq.)).
(7) The Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.).
(8) The National Wildlife Refuge System Administration Act
of 1966 (16 U.S.C. 668dd et seq.).
(9) The Fish and Wildlife Act of 1956 (16 U.S.C. 742a et
seq.).
(10) The Fish and Wildlife Coordination Act (16 U.S.C. 661
et seq.).
(11) Subchapter II of chapter 5, and chapter 7, of title 5,
United States Code (commonly known as the ``Administrative
Procedure Act'').
(12) The National Park Service Organic Act (16 U.S.C. 1 et
seq.).
(13) The General Authorities Act of 1970 (Public Law 91-
383) (16 U.S.C. 1a-1 et seq.).
(14) Sections 401(7), 403, and 404 of the National Parks
and Recreation Act of 1978 (Public Law 95-625, 92 Stat. 3467).
(15) The Arizona Desert Wilderness Act of 1990 (16 U.S.C.
1132 note; Public Law 101-628).
(c) Tribal Sovereignty.--Nothing in this section supersedes,
replaces, negates, or diminishes--
(1) the laws and regulations of the Navajo Nation which
shall remain in full force and effect within the Navajo
Sovereignty Empowerment Zones; or
(2) the treaties or other agreements between the United
States and the Navajo Tribe.
(d) Navajo-Hopi Dispute Settlement Act.--Nothing in this section
waives the provisions of the Navajo-Hopi Dispute Settlement Act of 1996
(25 U.S.C. 640d note).
(e) Funding and Grants.--Nothing in this section negates or
diminishes the eligibility of the Navajo Tribe to receive or continue
to receive funding and grants under the Navajo-Hopi Dispute Settlement
Act of 1996 or any other laws of the United States.
SEC. 5. RELINQUISHMENT OF ACCOMMODATION AGREEMENT AND ELIGIBILITY FOR
RELOCATION BENEFITS.
The Navajo-Hopi Land Dispute Settlement Act of 1996 (25 U.S.C. 640d
note) is amended by adding at the end the following:
``SEC. 13. RELINQUISHMENT OF ACCOMMODATION AGREEMENT AND ELIGIBILITY
FOR RELOCATION BENEFITS.
``(a) In General.--Notwithstanding any other provision of this Act,
the Settlement Agreement, or the Accommodation Agreement, any Navajo
head of household, or the successor thereto if such person is no longer
the head of household, that has entered into an Accommodation Agreement
shall have the following rights:
``(1) To relinquish that Agreement for up to two years
after the effective date of this section.
``(2) After a relinquishment under paragraph (1), to
receive the full relocation benefits to which the Navajo head
of household would otherwise have been entitled had the head of
household not signed the Accommodation Agreement, including
relocation housing, counseling, and other services. In the
event that the Navajo head of household is no longer the head
of household, the successor thereto shall be entitled to
receive the full relocation benefits.
``(b) Timing.--A relinquishment under subsection (a) shall not go
into effect until the Office of Navajo and Hopi Indian Relocation
provides the full relocation benefits to the Navajo head of household,
or successor thereto.''.
SEC. 6. NAVAJO REHABILITATION TRUST FUND.
Section 32 of Public Law 93-531 (25 U.S.C. 640d-30) is amended--
(1) in subsection (d)--
(A) in paragraph (2), by striking ``or'';
(B) in paragraph (3), by striking the period at the
end and inserting ``, or''; and
(C) by adding at the end the following:
``(4) at the discretion of the Navajo Tribe, to use for
development in the Navajo Sovereignty Empowerment Zones
established pursuant to section 104.'';
(2) in the first sentence of subsection (f), by striking
``and the United States has been reimbursed for funds
appropriated under subsection (f) of this section''; and
(3) in subsection (g)--
(A) in the first sentence, by striking ``1990,
1991, 1992, 1993, and 1994'' and all that follows
through the final period and inserting ``2014, 2015,
2016, 2017, and 2018.''; and
(B) by striking the second sentence. | Requires a border of any parcel of land that is transferred to or acquired by the Navajo Reservation to be within 18 miles of the trust lands of the Navajo Tribe, including the bands of the Tribe, as of January 2014. Allows the Bureau of Land Management (BLM) lands anywhere within Arizona and New Mexico to be exchanged for lands within 18 miles of those trust lands. Gives the Navajo Tribe the right to deselect not more than 757 acres of the land selected as of January 2014, whether or not such land has already been taken into trust by the Secretary of the Interior. Gives the Tribe the right to reselect land up to the amount it deselected. Directs the Secretary to report on annual rents owed by the Navajo Tribe to the Hopi Tribe for each of the years 2001-2013. Authorizes the Navajo Tribe to designate up to 150,000 acres within specified lands to be designated as Navajo Sovereignty Empowerment Zones. Makes inapplicable specified laws within such Zones. Amends the Navajo-Hopi Land Dispute Settlement Act of 1996 to set forth the rights of Navajo heads of household or their successors to relinquish an Accommodation Agreement they have entered into with the Hopi Tribe regarding their residence on Hopi lands. Reauthorizes and revises the Navajo Rehabilitation Trust Fund. Allows for its use for the development of Navajo Sovereignty Empowerment Zones. | {"src": "billsum_train", "title": "To make technical amendments to Public Law 93-531, and for other purposes."} | 2,491 | 357 | 0.606046 | 1.9675 | 0.722669 | 3.486166 | 8.130435 | 0.837945 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Uranium Extraction and
Milling Control Act of 2009''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Uranium is a naturally occurring element found around
the world in low levels in rock, soil, and water.
(2) Uranium ore extracted through mining and other methods
is the principal component of the concentrate known as
yellowcake, a precursor to the production of highly enriched
uranium.
(3) Uranium is a necessary element in any fuel cycle
capable of producing fissile material usable for a nuclear
explosive device, whether such device utilizes uranium or
plutonium.
(4) According to the World Nuclear Association, over 40,000
metric tons of uranium ore were produced worldwide in 2007.
(5) The wide availability of naturally occurring uranium, a
favorable commercial environment, and the growing demand for
nuclear power may lead to a significant expansion of the
production of uranium ore worldwide, including in countries
with nuclear weapons programs such as Iran and North Korea,
which maintain that their production is intended for peaceful
purposes.
(6) Over the past two decades, Iran has opened as many as
10 uranium mines. The ore from these mines is estimated to
contain concentrations of uranium too low to be suitable for
legitimate commercial use.
(7) During the 1980s and 1990s, Syria, with technical
assistance from the International Atomic Energy Agency, studied
the feasibility of uranium extraction and conducted preliminary
extraction activities. Like Iran, Syria's uranium ore was found
to be unsuitable for commercial use.
(8) Iran and Syria can make use of their domestic sources
of uranium ore for military purposes only if they have access
to extraction and milling goods, services, and technology from
other countries.
(9) The significant reserves of uranium ore in North Korea
are a potential source for other countries with covert nuclear
weapons programs.
(10) Unlike other nuclear materials and facilities, the
processes of extracting uranium ore and milling it into
yellowcake are not subject to safeguards by the International
Atomic Energy Agency.
(11) Iran, North Korea, and Syria have been sanctioned by
the United States and other countries as a result of their
nuclear and other programs involving weapons of mass
destruction.
(12) Transfers of nuclear and certain other sensitive
goods, services, or technology to Iran, North Korea, and Syria
are prohibited by the laws of the United States.
(13) Foreign persons that make such transfers may be
sanctioned by the United States pursuant to the Iran, North
Korea, and Syria Nonproliferation Act.
(14) Denying Iran, North Korea, and Syria access to the
goods, services, and technology needed to utilize their
domestic sources of uranium ore for their nuclear weapons
programs should be a significant nonproliferation goal of the
United States and like-minded countries.
SEC. 3. STATEMENT OF POLICY.
It shall be the policy of the United States--
(1) to oppose the transfer to Iran, North Korea, and Syria
of goods, services, or technology relevant to their capability
to extract or mill uranium ore; and
(2) to work with like-minded countries to impose
restrictions on such transfers internationally.
SEC. 4. REPORTING REQUIREMENTS UNDER THE IRAN, NORTH KOREA, AND SYRIA
NONPROLIFERATION ACT.
Section 2(a) of the Iran, North Korea, and Syria Nonproliferation
Act (50 U.S.C. 1701 note) is amended--
(1) in paragraph (1), by redesignating subparagraphs (A)
through (E) as clauses (i) through (v), respectively;
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(3) in subparagraph (B), as redesignated--
(A) by striking ``paragraph (1)'' and inserting
``subparagraph (A)''; and
(B) by striking the period at the end and inserting
``; or'';
(4) by striking all that precedes subparagraph (A), as
redesignated, and inserting the following:
``(a) Reports.--The President shall, at the times specified in
subsection (b), submit to the Committee on Foreign Affairs of the House
of Representatives and the Committee on Foreign Relations of the Senate
a report identifying every foreign person with respect to whom there is
credible information indicating that person--
``(1) on or after January 1, 1999, transferred to or
acquired from Iran, on or after January 1, 2005, transferred to
or acquired from Syria, or on or after January 1, 2006,
transferred to or acquired from North Korea--''; and
(5) by adding at the end the following new paragraph:
``(2) on or after January 1, 2009, transferred to Iran,
Syria, or North Korea goods, services, or technology that could
assist efforts to extract or mill uranium ore within the
territory or control of Iran, North Korea, or Syria.''.
SEC. 5. CONFORMING AMENDMENTS.
The Iran, North Korea, and Syria Nonproliferation Act (50 U.S.C.
1701 note) is further amended by striking ``Committee on International
Relations'' each place it appears and inserting ``Committee on Foreign
Affairs''. | International Uranium Extraction and Milling Control Act of 2009 - States that it shall be U.S. policy to: (1) oppose the transfer to Iran, North Korea, and Syria of goods, services, or technology relevant to their capability to extract or mill uranium ore; and (2) work with like-minded countries to impose international restrictions on such transfers.
Amends the Iran, North Korea, and Syria Nonproliferation Act to include in the President's proliferation report to the House Committee on Foreign Affairs and the Senate Committee on Foreign Relations identification of every foreign person who on or after January 1, 2009, transferred to Iran, Syria, or North Korea goods, services, or technology that could assist efforts to extract or mill uranium ore within the territory or control of Iran, North Korea, or Syria. | {"src": "billsum_train", "title": "To provide for the application of measures to foreign persons who transfer to Iran, Syria, or North Korea certain goods, services, or technology that could assist Iran, Syria, or North Korea to extract or mill their domestic sources of uranium ore."} | 1,199 | 175 | 0.558795 | 1.645181 | 0.773221 | 7.564103 | 7.102564 | 0.961538 |
SECTION 1. FINDINGS.
The Congress finds as follows:
(1) In 2005, the oil industry recorded revenues of
$1,620,000,000,000, and profits for the industry totaled almost
$140,000,000,000.
(2) In 2005, multilateral development institutions such as
those in the World Bank Group, and United States agencies such
as the Export-Import Bank of the United States and the United
States Overseas Private Investment Corporation, alone provided
more than $3,000,000,000 in financing to the international oil
and gas industry, including major oil companies.
(3) Limited public resources for international finance and
development assistance should support the many critical needs
of developing countries, not the international oil and gas
industry which has significant access to private capital
markets.
(4) Providing financing to oil and gas operations overseas
increases the dependence of the United States on oil and gas
imported from these operations.
(5) Providing financing to oil and gas operations overseas
increases the dependence of the developing world on oil and gas
imported from these operations.
(6) Oil and gas production in developing countries has
generally not alleviated poverty, but has instead been widely
associated with increased levels of poverty and economic
inequality.
(7) Oil and gas production has often exacerbated poor
governance, corruption and conflict in many developing
countries.
(8) Oil and gas production has historically led to
increased levels of developing country debt due to these
countries' reliance on external debt financing to provide
infrastructure for oil and gas extraction projects.
(9) Emissions from combustion of oil and gas account for
just over one-third of all global greenhouse gas emissions.
(10) While the vast majority of greenhouse gas emissions
have occurred in the wealthy countries belonging to the
Organization for Economic Cooperation and Development, it will
be the poorest countries, who can least afford to adapt to a
changing climate, who will suffer first and worst.
(11) Following a 2-year multi-stakeholder process that
evaluated the effects of international oil projects on
developing country poverty, local environments, and global
climate, the Extractive Industries Review by the World Bank
Group recommended an end to financing of oil projects by the
World Bank Group by 2008.
SEC. 2. EXPORT-IMPORT BANK.
Section 2(b) of the Export-Import Bank Act of 1945 (12 U.S.C.
635(b)) is amended by adding at the end the following:
``(14) Prohibition on financing for oil and gas projects.--
``(A) In general.--The Bank may not guarantee,
insure, or extend (or participate in an extension of)
credit--
``(i) in connection with an oil or gas
project; or
``(ii) to any entity that may use the
guarantee, insurance, or credit to finance such
a project.
``(B) Oil or gas project defined.--The term `oil or
gas project' means an oil or gas field development
project (including surveying and extraction),
processing facility, pipeline, or terminal, or other
oil or gas production or distribution operation or
facility.''.
SEC. 3. OVERSEAS PRIVATE INVESTMENT CORPORATION.
Section 237 of the Foreign Assistance Act of 1961 (22 U.S.C. 2197)
is amended by adding at the end the following new subsection:
``(p) Restriction on Insurance and Finance for Oil and Gas
Projects.--
``(1) Restriction on insurance and financing of projects
directly.--The Corporation may not issue any contract of
insurance or reinsurance, or any guarantee, or enter into any
agreement to provide financing, for a proposed investment that
involves an oil or gas project.
``(2) Restriction on insurance and financing for projects
indirectly.--The Corporation may not issue any contract of
insurance or reinsurance, or any guarantee, or enter into any
agreement to provide financing to any person if such insurance,
reinsurance, or financing may be used by that person to insure
or provide any form of financing to an oil or gas project.
``(3) Oil or gas project defined.--In this subsection, the
term `oil or gas project' means an oil or gas field development
project (including surveying and extraction), processing
facility, pipeline, or terminal, or other oil or gas production
or distribution operation or facility.''.
SEC. 4. MULTILATERAL DEVELOPMENT BANKS.
(a) In General.--Title XVI of the International Financial
Institutions Act (22 U.S.C. 262p-262p-8) is amended by adding at the
end the following:
``SEC. 1626. OPPOSITION TO ASSISTANCE FOR OIL OR GAS PROJECTS.
``(a) In General.--The Secretary of the Treasury shall instruct the
United States Executive Director at each multilateral development
institution (as defined in section 1701(c)(3)) to use the voice and
vote of the United States to oppose the provision by the respective
bank of any kind of assistance, directly or indirectly, to any oil and
gas field development project, surveying or extraction activity,
processing facility, pipeline, or terminal, or other oil and gas
production or distribution operation or facility.
``(b) Assistance Defined.--The term `assistance' means any grant,
loan, direct or indirect extension of credit, technical assistance, or
guarantee, or any other non-lending support or extension financing,
insurance, or reinsurance.''.
(b) Annual Reports to the Congress.--Not later than June 1 of each
calendar year, the Secretary of the Treasury shall submit to the
Committees on Financial Services and on Appropriations of the House of
Representatives and the Committees on Foreign Relations and on
Appropriations of the Senate, and make available on the website of the
Department of the Treasury, a report which identifies and describes,
with respect to each multilateral development institution (as defined
in section 1701(c)(3) of the International Financial Institutions Act),
any assistance approved by the institution during the preceding fiscal
year for any oil or gas project, and any other financial or other
assistance, including sectoral lending, provided to the energy sector.
SEC. 5. REPORT ON UNITED STATES ASSISTANCE TO SUPPORT THE OIL AND GAS
SECTORS OF DEVELOPING COUNTRIES.
Not later than 180 days after the date of the enactment of this
Act, the Administrator of the United States Agency for International
Development shall submit to Congress a report on the amount of
assistance provided under chapter 1 of part I of the Foreign Assistance
Act of 1961 (22 U.S.C. 2151 et seq.) to support the oil and gas sectors
of developing countries for fiscal year 2007. The report shall include
the name of each country that received assistance described in the
preceding sentence and a description of the specific type and amount of
assistance provided to the country.
SEC. 6. ORGANIZATION FOR ECONOMIC COOPERATION AND DEVELOPMENT.
The President shall inform the Organization for Economic
Cooperation and Development that it is the policy of the United States
that the member states of the Organization should prohibit their export
credit agencies from providing financing or other assistance to any oil
or gas project.
SEC. 7. STUDY OF ENERGY SECTOR LENDING.
Not later than 180 days after the date of the enactment of this
Act, the Comptroller General of the United States shall submit to the
Committees on Financial Services and on Appropriations of the House of
Representatives and the Committees on Foreign Relations and on
Appropriations of the Senate a report on the financing and other
assistance provided to the energy sector (including the extraction,
development, and use of fossil fuels and other fuel sources) by
multilateral development institutions (as defined in section 1701(c)(3)
of the International Financial Institutions Act), the Export-Import
Bank of the United States, the Overseas Private Investment Corporation,
and the United States Agency for International Development. The report
shall include analyses of--
(1) whether the energy projects and sectors receiving
financing and other assistance contribute to greenhouse gas
emissions;
(2) the life cycle environmental impacts of the projects
receiving the financing or other assistance; and
(3) the extent to which the financing and other assistance
has been used to facilitate the provision of energy to
impoverished populations, including by means of renewable
energy sources.
SEC. 8. DEFINITIONS.
In this Act:
(1) Assistance.--The term ``assistance'' means any grant,
loan, direct or indirect extension of credit, technical
assistance, or guarantee, or any other non-lending support or
extension financing, insurance, or reinsurance.
(2) Oil or gas project.--The term ``oil or gas project''
means an oil or gas field development project (including
surveying and extraction), processing facility, pipeline, or
terminal, or other oil or gas production or distribution
operation or facility. | Amends the Export-Import Bank Act of 1945 to prohibit the Export-Import Bank of the United States from guaranteeing, insuring, or extending credit: (1) in connection with an oil or gas project; or (2) to any entity that may use the guarantee, insurance, or credit to finance such a project.
Amends the Foreign Assistance Act of 1961 to prohibit the Overseas Private Investment Corporation from issuing any contract of insurance or reinsurance or any guarantee, or entering into any financing agreement for an oil or gas project, or to taking such actions respecting any person who will insure or finance such project.
Amends the International Financial Institutions Act to direct the Secretary of the Treasury to use U.S. influence to oppose multilateral development institution assistance to gas or oil development projects. | {"src": "billsum_train", "title": "To prevent public financing of oil or gas field development projects, surveying or extraction activities, processing facilities, pipelines, or terminals, or other oil and gas production or distribution operations or facilities, and for other purposes."} | 1,917 | 176 | 0.46162 | 1.384692 | 0.659228 | 4.066225 | 11.827815 | 0.913907 |
SECTION 1. APPROPRIATION OF FUNDS FOR FINAL SETTLEMENT OF CLAIMS FROM
IN RE BLACK FARMERS DISCRIMINATION LITIGATION.
(a) Definitions.--In this section:
(1) Pigford claim.--The term ``Pigford claim'' has the
meaning given the term in section 14012(a) of the Food,
Conservation, and Energy Act of 2008 (Public Law 110-246; 122
Stat. 2209).
(2) Settlement agreement.--The term ``Settlement
Agreement'' means the settlement agreement dated February 18,
2010 (including any modifications agreed to by the parties and
approved by the court under that agreement) between certain
plaintiffs, by and through their counsel, and the Secretary of
Agriculture to resolve, fully and forever, the claims raised or
that could have been raised in the cases consolidated in In re
Black Farmers Discrimination Litigation, No. 08-511 (D.D.C.),
including Pigford claims asserted under section 14012 of the
Food, Conservation, and Energy Act of 2008 (Public Law 110-246;
122 Stat. 2209).
(b) Appropriation of Funds.--
(1) In general.--There is hereby appropriated to the
Secretary of Agriculture $1,150,000,000, to remain available
until expended, to carry out the terms of the Settlement
Agreement if the Settlement Agreement is approved by a court
order that is or becomes final and nonappealable.
(2) Relation to other funding.--The funds appropriated by
this subsection--
(A) are in addition to the $100,000,000 of funds of
the Commodity Credit Corporation made available by
section 14012(i) of the Food, Conservation, and Energy
Act of 2008 (Public Law 110-246; 122 Stat. 2212); and
(B) shall be available for obligation only after
those Commodity Credit Corporation funds are fully
obligated.
(3) Effect of settlement agreement.--If the Settlement
Agreement is not approved as provided in this subsection, the
$100,000,000 of funds of the Commodity Credit Corporation made
available by section 14012(i) of the Food, Conservation, and
Energy Act of 2008 (Public Law 110-246; 122 Stat. 2212) shall
be the sole funding available for Pigford claims.
(c) Use of Funds.--The use of the funds appropriated by subsection
(b) shall be subject to the express terms of the Settlement Agreement.
(d) Treatment of Remaining Funds.--If any of the funds appropriated
by subsection (b) are not obligated and expended to carry out the
Settlement Agreement, the Secretary of Agriculture shall return the
unused funds to the Treasury and may not make the unused funds
available for any purpose related to section 14012 of the Food,
Conservation, and Energy Act of 2008 (Public Law 110-246; 122 Stat.
2212), for any other settlement agreement executed in In re Black
Farmers Discrimination Litigation, No. 08-511 (D.D.C.), or for any
other purpose.
(e) Effect of Legislation.--Nothing in this section--
(1) requires the United States, an officer or agency of the
United States, or any other person to enter into the Settlement
Agreement or any other settlement agreement; or
(2) creates the basis for a Pigford claim.
(f) Conforming Amendments.--Section 14012 of the Food,
Conservation, and Energy Act of 2008 (Public Law 110-246; 122 Stat.
2209) is amended--
(1) in subsection (c)(1)--
(A) by striking ``subsection (h)'' and inserting
``subsection (g)''; and
(B) by striking ``subsection (i)'' and inserting
``subsection (h)'';
(2) by striking subsection (e);
(3) in subsection (g), by striking ``subsection (f)'' and
inserting ``subsection (e)'';
(4) in subsection (i)--
(A) by striking ``(i)'' and all that follows
through ``Of the funds'' and inserting the following:
``(h) Funding.--Of the funds'';
(B) by striking ``subsection (g)'' and inserting
``subsection (f)''; and
(C) by striking paragraph (2);
(5) by striking subsection (j); and
(6) by redesignating subsections (f), (g), (h), and (k) as
subsections (e), (f), (g), and (i), respectively.
SEC. 2. RELIEF FOR DISCRIMINATION IN A CREDIT PROGRAM OF THE DEPARTMENT
OF AGRICULTURE UNDER THE EQUAL CREDIT OPPORTUNITY ACT.
(a) Definitions.--In this section:
(1) Eligible complaint.--The term ``eligible complaint''
means any written complaint--
(A) that is not employment related;
(B) that was filed with the Department of
Agriculture after December 31, 1997, and before the
earlier of--
(i) 2 years after the date of the alleged
violation of the Equal Credit Opportunity Act
(15 U.S.C. 1691); and
(ii) the date of the enactment of this Act;
(C) with respect to which the complainant--
(i) was not a party to the consent decree
in the case entitled ``Pigford v. Glickman'',
approved by the United States District Court
for the District of Columbia on April 14, 1999;
and
(ii) has not obtained relief from the
Department of Agriculture or a court of
competent jurisdiction; and
(D) does not arise from the same causes of action
addressed in the Settlement Agreement (as defined in
section 1(a)).
(2) Filing period.--The term ``filing period'' means the 2-
year period beginning on the date of enactment of this Act.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) Authorization.--To the extent permitted by the Constitution,
and notwithstanding any other period of limitations, in the case of an
eligible complaint alleging discrimination in violation of the Equal
Credit Opportunity Act (15 U.S.C. 1691) involving a credit program of
the Department of Agriculture, a complainant may, before the end of the
filing period--
(1) file a civil action under subsection (c); or
(2) request administrative review under subsection (d).
(c) Civil Action.--A civil action may be filed under this
subsection if, with respect to the eligible complaint, the
complainant--
(1) has not requested administrative review; or
(2) has requested administrative review, and the Secretary,
with respect to each request, has either--
(A) issued a determination; or
(B) failed to issue a determination by a date that
is 180 days after the date on which the request was
made.
(d) Administrative Review.--Administrative review may be requested
under this subsection as follows:
(1) Determination on the merits.--A complainant may request
a determination on the merits if the complainant, with respect
to the eligible complaint, has not filed a civil action.
(2) Hearing on the record.--A complainant may request a
hearing on the record if the complainant, with respect to the
eligible complaint--
(A) has not filed a civil action;
(B) has requested a determination on the merits,
and the Secretary has not issued such determination by
the issuance deadline in subsection (f)(2)(A); and
(C) requests such hearing not later than 180 days
after the issuance deadline in subsection (f)(2)(A).
(e) Settlement.--Notwithstanding any other provision of this
section, the Secretary may settle an eligible complaint with a
complainant.
(f) Special Rules for Administrative Review.--For purposes of this
section:
(1) Requests for administrative review.--A request for
administrative review shall be--
(A) in writing; and
(B) filed in accordance with procedures established
by the Secretary.
(2) Responsibility of secretary.--If a complainant requests
a determination on the merits under subsection (d)(1), then,
unless a complainant, with respect to the eligible complaint,
files a civil action or requests a hearing on the record, the
Secretary shall, with respect to the eligible complaint, take
the following actions:
(A) Issuance of determination.--The Secretary
shall, not later than an issuance deadline that is 1
year after the date on which the complainant requests a
determination on the merits--
(i) investigate the eligible complaint; and
(ii) issue a written determination.
(B) Notice of failure to issue timely
determination.--If the Secretary does not issue a
written determination by the issuance deadline in
subparagraph (A), the Secretary shall promptly issue to
the complainant, in writing and by registered mail,
notice--
(i) that the Secretary has not issued a
timely determination; and
(ii) of the period of time during which the
complainant may bring a civil action or request
a hearing on the record.
(3) Finality of determination with respect to hearing on
the record.--A determination with respect to a hearing on the
record shall be final.
(4) Judicial review of administrative determination.--A
determination on the merits or a determination with respect to
a hearing on the record shall be subject to de novo review.
(g) Filing Period.--The running of the filing period, for the
purpose of filing a civil action under subsection (c) or requesting a
hearing on the record under subsection (d)(2), shall be tolled for the
period that, with respect to the eligible complaint--
(1) begins on the date of a request for a determination on
the merits; and
(2) ends on the date on which the Secretary issues a
determination with respect to a determination on the merits or
a hearing on the record.
(h) Relief.--
(1) Amount.--Subject to paragraph (2), a complainant shall,
under subsection (b), and may, under subsection (e), be awarded
such relief as the complainant would be afforded under the
Equal Credit Opportunity Act (15 U.S.C. 1691), including--
(A) actual damages;
(B) the costs of the action, together with a
reasonable attorney's fee; and
(C) debt relief, including--
(i) write-downs or write-offs of the
principal on a loan;
(ii) write-downs or write-offs of the
interest on a loan;
(iii) reduction of the interest rate on a
loan;
(iv) waiver or reduction of penalties with
respect to a loan; or
(v) other modification of the terms of a
loan.
(2) Limitations on relief.--
(A) In general.--The total amount awarded under
this section for all claims shall not exceed
$100,000,000.
(B) Actual damages, costs, and attorney's fees.--
The sum of the total amount awarded under paragraph
(1)(A) for all claims, plus the total amount awarded
under paragraph (1)(B) for all claims, shall not exceed
$40,000,000.
(C) Debt relief.--The total amount awarded under
paragraph (1)(C) for all claims shall not exceed
$60,000,000.
(3) Exemption from taxation.--Any award under clauses (ii),
(iii), or (iv) of subparagraph (C) of paragraph (1) shall not
be included in gross income for purposes of chapter 1 of the
Internal Revenue Code of 1986.
(i) Funding.--There is hereby appropriated to the Secretary, for
relief awarded under subsection (h)(1), $100,000,000, to remain
available until expended. | Appropriates funds to the Secretary of Agriculture (USDA) to carry out the Settlement Agreement (dated February 18, 2010, between plaintiffs and the Secretary to resolve claims that were raised or that could have been raised in the cases consolidated in In re Black Farmers Discrimination Litigation, including Pigford claims) if the Agreement is approved by a court order that is or becomes final and nonappealable.
States that: (1) such funds are in addition to certain Commodity Credit Corporation (CCC) funds and shall be available only after the CCC funds are fully obligated; and (2) if the Agreement is not approved the CCC funds shall be the sole funding for Pigford claims.
Permits an eligible complaint alleging discrimination in violation of the Equal Credit Opportunity Act involving a USDA credit program to file a civil action or request administrative review as provided for by this Act. | {"src": "billsum_train", "title": "A bill to appropriate funds for the final settlement of lawsuits against the Federal Government for discrimination against Black Farmers and to provide relief for discrimination in a credit program of the Department of Agriculture under the Equal Credit Opportunity Act."} | 2,618 | 192 | 0.648768 | 2.236712 | 0.845237 | 3.812121 | 14.369697 | 0.951515 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Education Technology
Funding Corporation Act of 1995''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--The Congress finds as follows:
(1) Corporation.--There has been established in the
District of Columbia a private, nonprofit corporation known as
the National Education Technology Funding Corporation which is
not an agency or independent establishment of the Federal
Government.
(2) Board of directors.--The Corporation is governed by a
Board of Directors, as prescribed in the Corporation's articles
of incorporation, consisting of 15 members, of which--
(A) five members are representative of public
agencies representative of schools and public
libraries;
(B) five members are representative of State
government, including persons knowledgeable about State
finance, technology and education; and
(C) five members are representative of the private
sector, with expertise in network technology, finance
and management.
(3) Corporate purposes.--The purposes of the Corporation,
as set forth in its articles of incorporation, are--
(A) to leverage resources and stimulate private
investment in education technology infrastructure;
(B) to designate State education technology
agencies to receive loans, grants or other forms of
assistance from the Corporation;
(C) to establish criteria for encouraging States
to--
(i) create, maintain, utilize and upgrade
interactive high capacity networks capable of
providing audio, visual and data communications
for elementary schools, secondary schools and
public libraries;
(ii) distribute resources to assure
equitable aid to all elementary schools and
secondary schools in the State and achieve
universal access to network technology; and .
(iii) upgrade the delivery and development
of learning through innovative technology-based
instructional tools and applications.
(D) to provide loans, grants and other forms of
assistance to State education technology agencies, with
due regard for providing a fair balance among types of
school districts and public libraries assisted and the
disparate needs of such districts and libraries;
(E) to leverage resources to provide maximum aid to
elementary schools, secondary schools and public
libraries; and
(F) to encourage the development of education
telecommunications and information technologies through
public-private ventures, by serving as a clearinghouse
for information on new education technologies, and by
providing technical assistance, including assistance to
States, if needed, to establish State education
technology agencies.
(b) Purpose.--The purpose of this Act is to recognize the
Corporation as a nonprofit corporation operating under the laws of the
District of Columbia, and to provide authority for Federal departments
and agencies to provide assistance to the Corporation.
SEC. 3. DEFINITIONS.
For the purpose of this Act--
(1) The term ``Corporation'' means the National Education
Technology Funding Corporation described in section 2(a)(1);
(2) the terms ``elementary school'' and ``secondary
school'' have the same meanings given such terms in section
14101 of the Elementary and Secondary Education Act of 1965;
and
(3) the term ``public library'' has the same meaning given
such term in section 3 of the Library Services and Construction
Act.
SEC. 4. ASSISTANCE FOR EDUCATION TECHNOLOGY PURPOSES.
(a) Authorization of Assistance.--Each Federal department or agency
is authorized to award grants or contracts, or provide gifts,
contributions, or technical assistance, to the Corporation to enable
the Corporation to carry out the corporate purposes described in
section 2(a)(3).
(b) Agreement.--In order to receive any assistance described in
subsection (a) the Corporation shall enter into an agreement with the
Federal department or agency providing such assistance, under which the
Corporation agrees--
(1) to use such assistance to provide funding and technical
assistance only for activities which the Board of Directors of
the Corporation determines are consistent with the corporate
purposes described in section 2(a)(3);
(2) to review the activities of State education technology
agencies and other entities receiving assistance from the
Corporation to assure that the corporate purposes described in
section 2(a)(3) are carried out;
(3) that no part of the assets of the Corporation shall
accrue to the benefit of any member of the Board of Directors
of the Corporation, any officer or employee of the Corporation,
or any other individual, except as salary or reasonable
compensation for services;
(4) that the Board of Directors of the Corporation will
adopt policies and procedures to prevent conflicts of interest;
(5) to maintain a Board of Directors of the Corporation
consistent with section 2(a)(2);
(6) that the Corporation, and any entity receiving the
assistance from the Corporation, are subject to the appropriate
oversight procedures of the Congress; and
(7) to comply with--
(A) the audit requirements described in section 5;
and
(B) the reporting and testimony requirements
described in section 6.
(c) Construction.--Nothing in this Act shall be construed to
establish the Corporation as an agency or
independent establishment of the Federal Government, or to establish
the members of the Board of Directors of the Corporation, or the
officers and employees of the Corporation, as officers or employees of
the Federal Government.
SEC. 5. AUDITS.
(a) Audits by Independent Certified Public Accountants.--
(1) In general.--The Corporation's financial statements
shall be audited annually in accordance with generally accepted
auditing standards by independent certified public accountants
who are members of a nationally recognized accounting firm and
who are certified by a regulatory authority of a State or other
political subdivision of the United States. The audits shall be
conducted at the place or places where the accounts of the
Corporation are normally kept. All books, accounts, financial
records, reports, files, and all other papers, things, or
property belonging to or in use by the Corporation and
necessary to facilitate the audit shall be made available to
the person or persons conducting the audits, and full
facilities for verifying transactions with the balances or
securities held by depositories, fiscal agents, and custodians
shall be afforded to such person or persons.
(2) Reporting requirements.--The report of each annual
audit described in paragraph (1) shall be included in the
annual report required by section 6(a).
(b) Audits by the Comptroller General of the United States.--
(1) Audits.--The programs, activities and financial
transactions of the Corporation shall be subject to audit by
the Comptroller General of the United States under such rules
and regulations as may be prescribed by the Comptroller
General. The representatives of the Comptroller General shall
have access to such books, accounts, financial records,
reports, files and such other papers, things, or property
belonging to or in use by the Corporation and necessary to
facilitate the audit, and the representatives shall be afforded
full facilities for verifying transactions with the balances or
securities held by depositories, fiscal agents, and custodians.
The representatives of the Comptroller General shall have
access, upon request to the Corporation or any auditor for an
audit of the Corporation under this section, to any books,
financial records, reports, files or other papers, things, or
property belonging to or in use by the Corporation and used in
any such audit and to papers, records, files, and reports of
the auditor used in such an audit.
(2) Report.--A report on each audit described in paragraph
(1) shall be made by the Comptroller General to the Congress.
The report to the Congress shall contain such comments and
information as the Comptroller General may deem necessary to
inform the Congress of the financial operations and condition
of the Corporation, together with such recommendations as the
Comptroller General may deem advisable. The report shall also
show specifically any program, expenditure, or other financial
transaction or undertaking observed or reviewed in the course
of the audit, which, in the opinion of the Comptroller General,
has been carried on or made contrary to the requirements of
this Act. A copy of each such report shall be furnished to the
President and to the Corporation at the time such report is
submitted to the Congress.
(c) Audit by Inspector General of the Department of Commerce.--The
financial transactions of the Corporation may also be audited by the
Inspector General of the Department of Commerce under the same
conditions set forth in subsection (b) for audits by the Comptroller
General of the United States.
(d) Recordkeeping Requirements; Audit and Examination of Books.--
(1) Recordkeeping requirements.--The Corporation shall
ensure that each recipient of assistance from the Corporation
keeps--
(A) separate accounts with respect to such
assistance;
(B) such records as may be reasonably necessary to
fully disclose--
(i) the amount and the disposition by such
recipient of the proceeds of such assistance;
(ii) the total cost of the project or
undertaking in connection with which such
assistance is given or used; and
(iii) the amount and nature of that portion
of the cost of the project or undertaking
supplied by other sources; and
(C) such other records as will facilitate an
effective audit.
(2) Audit and examination of books.--The Corporation shall
ensure that the Corporation, or any of the Corporation's duly
authorized representatives, shall have access for the purpose
of audit and examination to any books, documents, papers, and
records of any recipient of assistance from the Corporation
that are pertinent to such assistance. Representatives of the
Comptroller General shall also have such access for such
purpose.
SEC. 6. ANNUAL REPORT; TESTIMONY TO THE CONGRESS.
(a) Annual Report.--Not later than April 30 of each year, the
Corporation shall publish an annual report for the preceding fiscal
year and submit that report to the President and the Congress. The
report shall include a comprehensive and detailed evaluation of the
Corporation's operations, activities, financial condition, and
accomplishments under this Act and may include such recommendations as
the Corporation deems appropriate.
(b) Testimony Before Congress.--The members of the Board of
Directors, and officers, of the Corporation shall be available to
testify before appropriate committees of the Congress with respect to
the report described in subsection (a), the report of any audit made by
the Comptroller General pursuant to this Act, or any other matter which
any such committee may determine appropriate. | National Education Technology Funding Corporation Act of 1995 - Recognizes the National Education Technology Funding Corporation as a nonprofit corporation independent of the Federal Government and operating under the laws of the District of Columbia. Authorizes Federal departments and agencies to provide assistance to such Corporation to carry out specified corporate purposes.
Requires audits of the Corporation by independent certified public accountants and by the Comptroller General, and authorizes such audits by the Inspector General of the Department of Commerce. | {"src": "billsum_train", "title": "National Education Technology Funding Corporation Act of 1995"} | 2,171 | 104 | 0.580464 | 1.428479 | 0.868375 | 3.837209 | 24.686047 | 0.930233 |
SECTION 1. SHORT TITLE.
This title may be cited as the ``Gila River Indian Community--
Phelps Dodge Corporation Water Rights Settlement Act of 1999'' and is
herein referred to as ``this Act''.
SEC. 2. CONSTITUTIONAL AUTHORITY.
The Constitutional authority upon which this Act rests is the power
of Congress to regulate commerce with foreign nations and among the
Several States and with the Indian tribes, as set forth in section 8 of
Article I of the United States Constitution.
SEC. 3. PURPOSE.
It is the purpose of this Act--
(1) to ratify, approve and confirm the Settlement Agreement
among the Gila River Indian Community, Phelps Dodge
Corporation, and the United States of America;
(2) to authorize and direct the Secretary of the interior
to execute and perform his duties under the Settlement
Agreement and this Act; and
(3) to authorize and direct the Secretary to perform
certain actions which will assist in achieving a settlement of
the water rights claims of certain Indian tribes in the Little
Colorado River Basin in Arizona.
SEC. 4. DEFINITIONS.
As used in this Act, the following terms have the following
meaning:
(1) ``Allottees'' shall mean the owners of beneficial
interests in allotted land within the Gila River Indian
Reservation.
(2) ``Blue Ridge Reservoir'' means that Reservoir in Navajo
County, Arizona, owned by Phelps Dodge, as more fully described
in the Settlement Agreement.
(3) ``CAP'' shall mean the Central Arizona Project, a
reclamation project constructed by the United States pursuant
to the Colorado River Basin Project Act of September 30, 1968,
82 Stat. 885, as amended.
(4) ``CAWCD'' shall mean the Central Arizona Water
Conservation District, a political subdivision of the State of
Arizona, which has executed a contract to repay to the United
States the reimbursable costs of the CAP.
(5) ``Community'' shall mean the Gila River Indian
Community, an Indian community organized under section 16 of
the Indian Reorganization Act of June 18, 1934, 48 Stat. 987,
duly recognized by the Secretary, and its members.
(6) ``Community's CAP Contract'' shall mean that contract
between the Gila River Indian Community and the United States,
dated October 22, 1992, providing for the delivery to the Gila
River Indian Community of up to 173,100 acre-feet per annum of
CAP water.
(7) ``Globe Equity No. 59'' shall mean the decree entered
June 29, 1935, in that action styled as The United States of
America v. Gila Valley Irrigation District, et al., Globe
Equity No. 59 in the District Court of the United States in and
for the District of Arizona, as amended and supplemented.
(8) ``Hopi tribe'' shall mean the federally recognized
Indian tribe of that name.
(9) ``Navajo Nation'' shall mean the federally recognized
Indian tribe of that name.
(10) ``Phelps Dodge'' shall mean Phelps Dodge Corporation,
a New York corporation, its subsidiaries, affiliates,
predecessors, successors and assigns.
(11) ``Pueblo of Zuni'' shall mean the federally recognized
Indian tribe of that name.
(12) ``Reservation'' shall mean the Gila River Indian
Reservation, as it existed on the Initial Effective Date of the
Settlement Agreement, as shown on the map attached to the
Settlement Agreement as exhibit ``B'' thereto.
(13) ``San Juan Southern Paiute Tribe'' shall mean the
federally recognized Indian tribe of that name.
(14) ``Secretary'' shall mean the Secretary of the Interior
or his lawful designee.
(15) ``Settlement Agreement'' shall mean that agreement
dated as of May 4, 1998, among Phelps Dodge, the Community and
the United States.
(16) ``SRP'' shall mean the Salt River Project Agricultural
Improvement and Power District, a political subdivision of the
State of Arizona, and the Salt River Valley Water Users'
Association, an Arizona corporation.
(17) ``United States'' shall mean the United States of
America, in its capacity as trustee for the Community and of
the Reservation; as trustee for the Allottees and of allotted
lands on the Reservation; and, with respect to section 5.2 of
the Settlement Agreement, in all other capacities required in
order to execute the agreements and other instruments and to
take the actions referred to in section 5.2 of the Settlement
Agreement, including acting for the part of Defense Plant
Corporation.
SEC. 5. APPROVAL OF SETTLEMENT AGREEMENT.
The Settlement Agreement is ratified, approved and confirmed. The
Secretary shall execute the Settlement Agreement within sixty days of
the enactment of this Act and shall perform all of the Secretary's
duties thereunder as provided herein and in the Settlement Agreement.
SEC. 6. TRANSFER OF RESERVOIRS.
The Secretary shall take all actions specified in section 5.0 of
the Settlement Agreement necessary on the Secretary's part to obtain
title to Blue Ridge Reservoir from Phelps Dodge. The title to Blue
Ridge Reservoir, once acquired by the Secretary, shall be held by the
Secretary in trust for the benefit of the Navajo Nation. In connection
with the Secretary's performance of his obligations under section 5.0
of the Settlement Agreement, the Navajo Nation, the Hopi Tribe, the San
Juan Southern Paiute Tribe, the Pueblo of Zuni, and the United States,
on behalf of each of them, are authorized to execute waivers of claims
against Phelps Dodge and agreements not to object to certain uses of
water by Phelps Dodge in substantially the form of exhibits ``E'' and
``J'' to the Settlement Agreement, which waivers and agreements are
hereby ratified, approved and confirmed. The Navajo Nation, and the
United States on behalf of the Navajo Nation, is further authorized to
enter into an agreement with the Arizona Game & Fish Department
confirming a minimum pool of water in Blue Ridge Reservoir and for
other purposes in substantially the form of exhibits ``G'' and ``I'' to
the Settlement Agreement, which agreements are hereby ratified,
approved and confirmed.
SEC. 7. REALLOCATION OF CAP WATER.
Simultaneously with the transfer of Blue Ridge Reservoir to the
United States as provided for in section 6 of this Act, the Secretary
shall: (i) reallocate to the Community 12,000 acre-feet of the CAP
water available to the Secretary pursuant to section 406(b) of title IV
of Public Law 101-628, 104 Stat. 4483; (ii) amend the Community's CAP
Contract to include the CAP water reallocated to the Community pursuant
to this section; and, (iii) amend the Community's CAP Contract to
extend the term thereof to 100 years, plus such additional term as may
result from the exercise of the option provided for in, or other
extension of, the Lease referred to in section 8 of this Act.
(1) All water service capital charges and other capital
charges of any nature associated with the CAP water reallocated
to the Community pursuant to this Act shall be non-reimbursable
to the United States by the Community.
(2) All water service capital charges and other capital
charges of any nature associated with 10,000 acre-feet of that
CAP water currently available to the Community under the
Community's CAP Contract which shares a priority with 510,000
acre-feet of non-Indian municipal and industrial CAP water
shall be non-reimbursable to the United States by the
Community.
(3) For purposes of determining the allocation and
repayment of costs of the CAP as provided in article 9.3 of
Contract Number 14-0906-09W-09245, amendment No. 1, between the
United States and CAWCD dated December 1, 1988, and any
amendment or revision thereof, all of the water service capital
charges and other capital charges of any nature associated with
the water described in subsections 7(a) and 7(b) of this Act
shall be non-reimbursable and shall be excluded from CAWCD's
repayment obligation.
(4) The United States shall either--
(A) not charge operation, maintenance, and
replacement (OM&R) charges to the Community on the
first 8,000 acre-feet of CAP water made available to
the Community pursuant to this Act, and shall itself
pay any such charges as are associated with such 8,000
acre-feet of CAP water; or
(B) charge the Community only that portion of the
OM&R charges associated with electrical energy pumping
for the entire 12,000 acre-feet of CAP water made
available to the Community pursuant to this Act, and
shall itself pay other OM&R charges associated with
such 12,000 acre-feet of CAP water.
(5) In the event the CAP water made available to the
Community pursuant to this Act is leased to Phelps Dodge as
provided for in section 8 of this Act, the charges by the
United States to Phelps Dodge for such water when delivered
under the Lease shall be as provided in subsections (d)(1) or
(d)(2) of this section 6.
(6) In the event the exchange provided for in section 8 of
this Act is not approved, the Secretary shall reallocate to
Phelps Dodge 8,000 acre-feet of the CAP water referred to in
subsection 6(b) hereof, shall amend the Community's CAP
contract to reflect such reallocation, and shall enter into a
contract with Phelps Dodge for permanent service for the
delivery of such water to Phelps Dodge through the works of the
CAP. The CAP water shall be free of all capital charges as
provided in subsections 7(b) and 7(c) of this Act. The United
States shall charge Phelps Dodge OM&R charges for such water
only as provided in either subsections 7(d)(1) or 7(d)(2)
hereof and shall itself pay such portions of the OM&R charges
as are not paid by Phelps Dodge.
(7) The provisions of section 226 of Public Law 97-293 (96
Stat. 1273, 43 U.S.C. 485h(f)) shall not apply to actions taken
by the Secretary pursuant to sections 7, 8, or 9 of this Act.
SEC. 8. CAP WATER LEASE.
The Lease referred to in section 7.0 of the Settlement Agreement
and attached thereto as exhibit ``M'' is hereby ratified, approved and
confirmed. Notwithstanding the preceding sentence, the Lease shall not
be effective as to the United States, and the Secretary shall not
execute the Lease, until all environmental compliance associated with
the Secretary's execution of the Lease has been completed and the
exchange referred to in section 9 of this Act has been approved as
provided in that section. In the event the Lease becomes effective, the
Secretary and the Community may renew or extend the Lease at the end of
the initial term, or any extended term of the Lease provided for in the
initial Lease, upon such terms as the Community, the Secretary and
Phelps Dodge may agree, provided that any such renewal or extension
shall not exceed 100 years in term. Subject to the completion of
environmental compliance, CAP water made available pursuant to the
Lease may be used in the manner and at the locations provided for
therein, including exchange for use in any county in Arizona outside
the CAWCD service area.
SEC. 9. EXCHANGE AGREEMENT.
The Secretary and the Community are authorized to enter into an
exchange agreement with Phelps Dodge pursuant to which the CAP water
leased to Phelps Dodge by the Community under the Lease authorized
under section 8 of this Act is delivered by Phelps Dodge to the
Community in return for the right to divert water from the Gila River
upstream of the Reservation. The term of any such exchange agreement,
if approved as required by this section, shall be for 100 years, plus
any additional term occasioned by the exercise of the option contained
in the Lease or other extension authorized in the Lease or this Act.
The Secretary shall commence negotiations with respect to the exchange
agreement forthwith upon the enactment of this Act and shall process
all environmental compliance associated with the exchange agreement and
the Lease in an expeditious manner. The Secretary shall not execute the
exchange agreement until all such environmental compliance has been
finally concluded as provided in the Settlement Agreement and any
necessary order approving the exchange, or any aspect of the exchange,
has been obtained from the United States District Court in Globe Equity
No. 59 and the order is final and subject to no further appeal.
SEC. 10. APPROVAL OF WAIVERS.
The waivers set forth in section 9.0 of the Settlement Agreement
shall be effective, and shall be binding upon, the Community, and the
United States, on behalf of the Community and the Allottees, from and
after the date either of the conditions set forth in section 4(c) of
the Settlement Agreement occurs. The United States is authorized and
directed to execute the Settlement Agreement on behalf of the Allottees
in its capacity as trustee for the Allottees and of allotted lands on
the Reservation, and the Settlement Agreement shall be binding upon the
Allottees.
SEC. 11. MISCELLANEOUS.
(a) Execution of the Settlement Agreement by the Secretary as
required by this Act, and the Secretary's performance of the actions
necessary to acquire title to Blue Ridge Reservoir for the benefit of
the Navajo Nation pursuant to section 5.0 of the Settlement Agreement
shall not constitute major Federal actions under the National
Environmental Policy Act (42 U.S.C. 4321 et seq.). The Secretary shall
carry out all environmental compliance required by sections 8 and 9 of
this Act. Nothing in this Act shall be construed as exempting the
United States from carrying out environmental compliance associated
with the use of water from Blue Ridge Reservoir by the United States
for the benefit of the Navajo Nation in the Little Colorado River Basin
in Arizona.
(b) The Navajo Nation, and the United States on behalf of the
Navajo Nation, are authorized to enter into an agreement with the Town
of Payson, Arizona, and the unincorporated communities of Pine and
Strawberry, Arizona (``the Towns'') or any one of them, to subordinate
water rights held in Blue Ridge Reservoir by the United States for the
benefit of the Navajo Nation to rights to the use of not to exceed a
cumulative total of 3,000 acre-feet per annum of water in Blue Ridge
Reservoir acquired by the Towns pursuant to the law of the State of
Arizona.
(c) The Navajo Nation, and the United States on behalf of the
Navajo Nation, are authorized to enter into an agreement with Phelps
Dodge to subordinate water rights held in Blue Ridge Reservoir by the
United States on behalf of the Navajo Nation to water rights acquired
by Phelps Dodge in Blue Ridge Reservoir subsequent to the date of the
enactment of this Act pursuant to the law of the State of Arizona for
use on land owned by Phelps Dodge around Blue Ridge Reservoir
identified in the Settlement Agreement. The term of any such agreement
and the consideration to be paid therefor shall be as agreed to among
the Navajo Nation and Phelps Dodge.
(d) With regard to the environmental compliance required for the
actions contemplated in sections 8 and 9 of this Act, the Bureau of
Reclamation shall be designated as the lead agency, and shall
coordinate and cooperate with the other affected Federal agencies as
required under applicable Federal environmental laws.
(e) The Secretary and the Community are authorized to execute any
amendments of the Settlement Agreement and to perform any action
required by any amendments to the Settlement Agreement which may be
mutually agreed upon by the parties.
(f) Except for the waivers authorized by section 6 of this Act,
nothing in this Act or the Settlement Agreement shall be construed to
quantify or otherwise affect the water rights, claims or entitlement to
water of any Arizona tribe, band or community or of any claimant in the
Gila River Adjudication, other than the Community, the United States on
behalf of the Community and the Allottees, and Phelps Dodge.
(g) Any party to the Settlement Agreement, and to the Lease and the
exchange agreement referred to in sections 8 and 9 of this Act,
respectively, if the same are approved, may bring an action or actions
exclusively in the United States District Court for the District of
Arizona for the interpretation and enforcement of this Act, the
Settlement Agreement, the Lease and the exchange agreement, naming the
United States and the Community as parties, and in any such action or
actions, any claim by the United States or the Community to sovereign
immunity from suit is hereby waived. | Gila River Indian Community-Phelps Dodge Corporation Water Rights Settlement Act of 1999 - Ratifies, approves, and confirms the May 4, 1998, settlement agreement among Phelps Dodge Corporation, the Gila River Indian Community, and the United States (agreement). Directs the Secretary of the Interior or his lawful designee (Secretary) to execute, and perform all of the Secretary's duties under, the agreement.
(Sec. 6) Directs that: (1) the Secretary take all actions specified in the agreement necessary on the Secretary's part to obtain title to Blue Ridge Reservoir from Phelps Dodge; and (2) title to the Reservoir be held by the Secretary in trust for the benefit of the Navajo Nation.
(Sec. 7) Directs the Secretary, simultaneously with the transfer of the Reservoir to the United States, to: (1) reallocate to the Community 12,000 acre-feet of Central Arizona Project (CAP) water; (2) amend the Community's CAP Contract to include the reallocated water; and (3) extend the Community's CAP Contract to 100 years, plus such additional term as may result from the exercise of the option provided for in, or other extension of, the lease referred to in the agreement.
Sets forth provisions regarding nonreimbursability of water service and other capital charges and operation, maintenance, and replacement charges to the Community.
(Sec. 8) Ratifies, approves, and confirms a lease referred to in the agreement. Makes such lease ineffective as to the United States and directs the Secretary not to execute it, until environmental compliance has been completed and the exchange has been approved. Allows the Secretary and the Community to renew or extend the lease at the end of the initial or any extended term as the Community, the Secretary, and Phelps Dodge may agree, with a limitation.
(Sec. 9) Authorizes the Secretary and the Community to enter into an exchange agreement under which CAP water leased to Phelps Dodge by the Community is delivered by Phelps Dodge to the Community in return for the right to divert water from the Gila River upstream of the Gila River Indian Reservation. Sets the term of any such exchange agreement at 100 years, plus any additional term occasioned by the exercise of the option contained in the lease or other authorized extension.
Directs the Secretary to commence negotiations regarding the exchange agreement and to process all associated environmental compliance expeditiously. Prohibits the Secretary from executing the exchange agreement until: (1) all such environmental compliance has been finally concluded; (2) any necessary order approving the exchange, or any aspect of the exchange, has been obtained from the U.S. district court; and (3) the order is final and subject to no further appeal.
(Sec. 10) Makes specified waivers of the agreement effective, and binding upon the Community and the United States, on behalf of the Community and the owners of beneficial interests in allotted land within the Reservation (allottees), after the date certain conditions set forth in the agreement occur. Directs the United States to execute the agreement on behalf of the allottees in its capacity as trustee of allotted lands on the Reservation. Makes the agreement binding upon the allottees.
(Sec. 11) Authorizes the Navajo Nation, and the United States on its behalf, to enter into an agreement with: (1) the town of Payson, Arizona, or the unincorporated communities of Pine and Strawberry, Arizona (the towns), to subordinate water rights held in the Reservoir by the United States for the benefit of the Navajo Nation to rights to the use of up to 3,000 acre-feet per annum of water in the Reservoir acquired by the towns under Arizona law; and (2) Phelps Dodge to subordinate water rights held in the Reservoir by the United States on behalf of the Navajo Nation to water rights acquired by Phelps Dodge in the Reservoir subsequent to this Act's enactment under Arizona law for use on land owned by Phelps Dodge around the Reservoir identified in the agreement.
Designates the Bureau of Reclamation as the lead agency with regard to environmental compliance.
Authorizes any party to the agreement, and to the lease and exchange agreement, if approved, to bring suit in the U.S. district court for the district of Arizona for the interpretation and enforcement of this Act, the agreement, the lease, and exchange agreement and waives claims by the United States or the Community to sovereign immunity. | {"src": "billsum_train", "title": "Gila River Indian Community-Phelps Dodge Corporation Water Rights Settlement Act of 1999"} | 3,723 | 996 | 0.690756 | 2.44482 | 0.690668 | 4.834692 | 3.959255 | 0.953434 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Green Communities Act''.
SEC. 2. FINDINGS; PURPOSES; DEFINITIONS.
(a) Findings.--Congress finds the following:
(1) Landscaping adds to the economic value and sales appeal
of commercial real estate and increases office occupancy rates.
(2) Greening can change people's perceptions of their
neighborhoods, reduce violence and crime, and increase
neighborhood stability.
(3) Planting new trees, improving streetscapes, and
cleaning vacant lots increases property values.
(4) People will stay longer and shop more in shopping
districts that are well landscaped.
(5) Improvements to neighborhood parks increase the value
of single-family homes in the surrounding community.
(6) Homes adjacent to vacant lots that are greened have a
much higher property value than homes adjacent to vacant lots
that have not been greened.
(b) Purposes.--The purposes of this Act are to--
(1) promote investment in greening projects and programs as
effective economic development tools;
(2) connect urban economic development initiatives with
environmental initiatives;
(3) improve quality of life for city residents; and
(4) encourage public-private partnerships.
(c) Definitions.--In this Act:
(1) Community greening initiatives.--The term ``community
greening initiatives'' means programs increasing economic
development through environmental improvements.
(2) Eligible nonprofit organization.--The term ``eligible
nonprofit organization'' means a nonprofit organization that
receives a grant under section 4.
(3) Eligible program partner.--The term ``eligible program
partner'' means a municipality that receives a grant under
section 3.
(4) Green roof.--The term ``green roof'' means a roof
consisting of vegetation and soil or a growing medium planted
over a waterproofing membrane.
(5) Green stormwater infrastructure.--The term ``green
stormwater infrastructure'' means systems and practices that
use or mimic natural processes to infiltrate, evapotranspirate,
or reuse stormwater on the site where it occurs rather than
transporting the water to a stream or treatment facility.
(6) Nonprofit organization.--The term ``nonprofit
organization'' means an organization that is described in
section 501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such Code.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(8) Urban forestry.--The term ``urban forestry'' means an
integrated citywide or neighborhood-wide approach to the
planting, care, and management of trees in the city or the
neighborhood in order to ensure environmental and social
benefits for residents.
SEC. 3. INITIATIVES FOR ECONOMIC DEVELOPMENT AND GREENING.
(a) Grant Authority.--To the extent funds are available, the
Secretary, through the Economic Development Administration, shall make
grants to municipalities for promoting community greening initiatives.
(b) Selection of Eligible Program Partners.--The Secretary, in
consultation with the eligible nonprofit organizations, shall select 80
municipalities to receive grants under this section. The Secretary
shall ensure that the municipalities meet--
(1) the criteria described by section 209(b) of the Public
Works and Economic Development Act of 1965 (42 U.S.C. 3149(b));
or
(2) the circumstances described by section 209(c) of such
Act (42 U.S.C. 3149(c)).
(c) Community Greening Initiatives.--An eligible program partner,
with technical assistance and training from an eligible nonprofit
organization as provided under section 4(b), shall develop and plan a
community greening initiative. Such initiatives may include--
(1) revitalizing municipal parks and public spaces;
(2) landscaping community gateways and key corridors;
(3) tree plantings and urban forestry projects;
(4) comprehensive planning for open space preservation;
(5) education, training, and volunteer management
concerning community green initiatives;
(6) green roof construction;
(7) green stormwater infrastructure; or
(8) vacant lot management.
(d) Implementing Initiatives.--
(1) Completion of developing and planning.--The Secretary
may make a grant under this section only to an eligible program
partner that has successfully developed and planned a community
greening initiative under subsection (c), as determined by the
Secretary.
(2) Use of funds.--Grants under this section shall be used
by an eligible program partner to implement the community
greening initiative developed under subsection (c). An eligible
program partner may not receive a grant under this section for
a community greening initiative that takes more than 2 years to
complete.
(3) Grant amount.--The Secretary may not award a grant
under this section in an amount that is more than $2,000,000.
(4) Matching funds.--An eligible program partner receiving
a grant under this section shall provide, either directly or
through private contributions, non-Federal matching funds equal
to not less than 50 percent of the amount of the grant. Such
matching funds shall be used for implementing a community
greening initiative.
(5) Report.--Not later than 60 days after an eligible
program partner implements a community greening initiative, the
eligible nonprofit organization that assisted the eligible
program partner under subsection (c) shall submit to the
Secretary a report assessing the implementation of the
initiative.
SEC. 4. TECHNICAL ASSISTANCE AND TRAINING BY ELIGIBLE NONPROFIT
ORGANIZATIONS.
(a) Selection of Eligible Nonprofit Organizations.--To the extent
funds are available, the Secretary shall make grants to, or enter into
contracts with, 5 nonprofit organizations to provide technical
assistance and training to eligible program partners. The Secretary
shall select nonprofit organizations that have experience with--
(1) planning and implementing projects concerning urban
open space, landscape management, and community greening
initiatives;
(2) land and water conservation;
(3) working on the community level;
(4) forming partnerships or regional consortiums;
(5) urban ecology; and
(6) other activities the Secretary considers appropriate.
(b) Technical Training and Assistance.--In accordance with section
3(c), eligible nonprofit organizations shall provide eligible program
partners with technical assistance and training for the following
activities:
(1) Developing, planning, implementing, and assessing
community greening initiatives.
(2) Developing and implementing training and workshops for
municipal agencies and local partners.
(3) Evaluating the community greening initiative.
(c) Period.--A grant or agreement under this section shall be for a
period of 5 years.
(d) Report to Congress.--Not later than 90 days after the end of
each fiscal year for which amounts are made available for grants under
this section, the Secretary shall submit to Congress a report on the
technical assistance and training provided under this section. Each
report shall describe the actions taken by the Secretary to ensure that
technical assistance and training is responsive to the needs of
eligible program partners.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act--
(1) $30,000,000 for each of fiscal years 2010, 2013, and
2014; and
(2) $90,000,000 for each of fiscal years 2011 and 2012.
(b) Reservation of Funds.--
(1) Eligible nonprofit organizations.--
(A) Not less than 85 percent of the amounts made
available to carry out this Act for each of fiscal
years 2010, 2013, and 2014 shall be made available for
technical assistance and training by eligible nonprofit
organizations under section 4.
(B) Not less than 28 percent of the amounts made
available to carry out this Act for each of fiscal
years 2011 and 2012 shall be made available for
technical assistance and training by eligible nonprofit
organizations under section 4.
(2) Eligible program partners.--Not less than 66 percent of
the amounts made available to carry out this Act for each of
fiscal years 2011 and 2012 shall be made available for the
planning, developing, and implementing of community greening
initiatives by eligible program partners under section 3.
(c) Availability of Appropriations.--Funds made available under
this Act shall remain available until expended. | Green Communities Act - Directs the Secretary of Commerce, through the Economic Development Administration, to make grants to municipalities to promote community greening initiatives (defined as programs increasing economic development through environmental improvements).
Directs the Secretary to select 80 municipalities to receive grants. Requires an eligible program partner to develop and plan such an initiative, which may include revitalizing municipal parks and public spaces, tree plantings, green roof construction, and vacant lot management.
Directs the Secretary to make grants to, or enter into contracts with, five nonprofit organizations to provide technical assistance and training to eligible program partners in developing, planning, implementing, and assessing initiatives. | {"src": "billsum_train", "title": "To direct the Secretary of Commerce to make grants for programs promoting community greening initiatives, and for other purposes."} | 1,765 | 134 | 0.519226 | 1.344133 | 0.58776 | 3.846774 | 13.225806 | 0.943548 |
SECTION 1. SHORT TITLE.
(a) The Act may be cited as the ``Kleptocracy Asset Recovery
Rewards Act''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) The Stolen Asset Recovery Initiative (StAR), a World
Bank and United Nations anti-money-laundering effort, estimates
that between $20 billion to $40 billion has been lost to
developing countries annually through corruption.
(2) In 2014, more than $480 million in corruption proceeds
hidden in bank accounts around the world by former Nigerian
dictator Sani Abacha and his co-conspirators was forfeited
through efforts by the Department of Justice.
(3) In 2010, the Department of Justice established the
Kleptocracy Asset Recovery Initiative, to work in partnership
with Federal law enforcement agencies to forfeit the proceeds
of foreign official corruption and, where appropriate, return
those proceeds to benefit the people harmed by these acts of
corruption and abuse of office.
(4) Of the $20 billion to $40 billion lost by developing
countries annually through corruption, only about $5 billion
has been repatriated in the last 15 years.
(5) Governments weakened by corruption and loss of assets
due to corruption have fewer resources to devote to the fight
against terrorism and fewer resources to devote to building
strong financial, law enforcement, and judicial institutions to
aid in the fight against the financing of terrorism.
(6) The United States has a number of effective programs to
reward individuals who provide valuable information that assist
in the identification, arrest, and conviction of criminal
actors and their associates, as well as seizure and forfeiture
of illicitly derived assets and the proceeds of criminal
activity.
(7) The Internal Revenue Service has the Whistleblower
Program, which pays awards to individuals who provide specific
and credible information to the IRS if the information results
in the collection of taxes, penalties, interest or other
amounts from noncompliant taxpayers.
(8) The Department of State administers rewards programs on
international terrorism, illegal narcotics, and transnational
organized crime with the goal of bringing perpetrators to
justice.
(9) None of these existing rewards programs specifically
provide monetary incentives for identifying and recovering
stolen assets linked solely to foreign government corruption,
as opposed to criminal prosecutions or civil or criminal
forfeitures.
(10) The recovery of stolen assets linked to foreign
government corruption and the proceeds of such corruption may
not always involve a BSA violation or lead to a forfeiture
action. In such cases there would be no ability to pay rewards
under existing Treasury Department authorities.
(11) Foreign government corruption can take many forms but
typically entails government officials stealing,
misappropriating, or illegally diverting assets and funds from
their own government treasuries to enrich their personal wealth
directly through embezzlement or bribes to allow government
resources to be expended in ways that are not transparent and
may not either be necessary or be the result of open
competition. Corruption also includes situations where public
officials take bribes to allow government resources to be
expended in ways which are not transparent and may not be
necessary or the result of open competition. These corrupt
officials often use the United States and international
financial system to hide their stolen assets and the proceeds
of corruption.
(12) The individuals who come forward to expose foreign
governmental corruption and kleptocracy often do so at great
risk to their own safety and that of their immediate family
members and face retaliation from persons who exercise foreign
political or governmental power. Monetary rewards and the
potential award of asylum can provide a necessary incentive to
expose such corruption and provide a financial means to provide
for their well-being and avoid retribution.
(b) Sense of Congress.--It is the sense of Congress that a
Department of the Treasury stolen asset recovery rewards program to
help identify and recover stolen financial assets linked to foreign
government corruption and the proceeds of such corruption hidden behind
complex financial structures is needed in order to--
(1) intensify the global fight against corruption; and
(2) serve United States efforts to identify and recover
such stolen assets, forfeit proceeds of such corruption, and,
where appropriate and feasible, return the stolen assets or
proceeds thereof to the country harmed by the acts of
corruption.
SEC. 3. IN GENERAL.
(a) Department of the Treasury Kleptocracy Asset Recovery Rewards
Program.--Chapter 97 of title 31, United States Code, is amended by
adding at the end the following:
``Sec. 9706. Department of the Treasury Kleptocracy Asset Recovery
Rewards Program
``(a) Establishment.--
``(1) In general.--There is established in the Department
of the Treasury a program to be known as the `Kleptocracy Asset
Recovery Rewards Program' for the payment of rewards to carry
out the purposes of this section.
``(2) Purpose.--The rewards program shall be designed to
support United States Government programs and investigations
aimed at eliminating from accounts at U.S. financial
institutions any stolen assets linked to foreign government
corruption and the proceeds of such corruption.
``(3) Implementation.--The rewards program shall be
administered by, and at the sole discretion of, the Secretary
of the Treasury, in consultation, as appropriate, with the
Secretary of State, the Attorney General, and the heads of such
other departments and agencies as the Secretary may find
appropriate.
``(b) Rewards Authorized.--In the sole discretion of the Secretary
and in consultation, as appropriate, with the heads of other relevant
Federal departments or agencies, the Secretary may pay a reward to any
individual who furnishes information leading to--
``(1) the restraining or seizure of stolen assets in an
account at a U.S. financial institution, that come within the
United States, or that come within the possession or control of
any United States person, including any foreign branch linked
to foreign government corruption or the proceeds of foreign
government corruption;
``(2) the forfeiture of stolen assets in an account at a
U.S. financial institution, that come within the United States,
or that come within the possession or control of any United
States person linked to foreign government corruption or the
proceeds of foreign government corruption; or
``(3) where appropriate, the repatriation of stolen assets
in an account at a U.S. financial institution, that come within
the United States, or that come within the possession or
control of any United States person linked to foreign
government corruption or proceeds of foreign government
corruption.
``(c) Coordination.--
``(1) Procedures.--To ensure that the payment of rewards
pursuant to this section does not duplicate or interfere with
any other payment authorized by the Department of Justice or
other Federal law enforcement agencies for the obtaining of
information or other evidence, the Secretary of the Treasury,
in consultation with the Secretary of State, the Attorney
General, and the heads of such other agencies as the Secretary
may find appropriate, shall establish procedures for the
offering, administration, and payment of rewards under this
section, including procedures for--
``(A) identifying actions with respect to which
rewards will be offered;
``(B) the receipt and analysis of data; and
``(C) the payment of rewards and approval of such
payments.
``(2) Prior approval of the attorney general required.--
Before making a reward under this section in a matter over
which there is Federal criminal jurisdiction, the Secretary of
the Treasury shall obtain the written concurrence of the
Attorney General.
``(d) Payment of Rewards.--
``(1) Source of payments.--Any rewards paid pursuant to
this section shall be paid from the Department of the Treasury
Forfeiture Fund.
``(2) Limitation on annual payments.--Except as provided
under paragraph (3), the total amount of rewards paid pursuant
to this section may not exceed $25,000,000 in any calendar
year.
``(3) Presidential authority.--The President may waive the
limitation under paragraph (2) with respect to a calendar year
if the President provides written notice of such waiver to the
Secretary and the appropriate committees of the Congress at
least 30 days before any payment in excess of such limitation
is made pursuant to this section.
``(e) Limitations and Certification.--
``(1) Submission of information.--No award may be made
under this section based on information submitted to the
Secretary unless such information is submitted under penalty of
perjury.
``(2) Maximum amount.--No reward paid under this section
may exceed $5,000,000, except as personally authorized in
writing by the Secretary, if the Secretary determines that
offer or payment of a reward of a greater amount is necessary
in exceptional cases.
``(3) Approval.--
``(A) In general.--No reward amount may be paid
under this section without the written approval and
certification of the Secretary.
``(B) Delegation.--The Secretary may not delegate
the certification required under subparagraph (A) to
anyone other than an Under Secretary of the Department
of the Treasury.
``(4) Protection measures.--If the Secretary determines
that the identity of the recipient of a reward or of the
members of the recipient's immediate family must be protected,
the Secretary shall take such measures in connection with the
payment of the reward as the Secretary considers necessary to
effect such protection.
``(5) Forms of reward payment.--The Secretary may make a
reward under this section in the form of a monetary payment.
``(f) Ineligibility, Reduction in, or Denial of Reward.--
``(1) Officer and employees.--An officer or employee of any
entity of Federal, State, or local government or of a foreign
government who, while in the performance of official duties,
furnishes information described under subsection (b) shall not
be eligible for a reward under this section.
``(2) Participating individuals.--If the claim for a reward
is brought by an individual who planned, initiated, directly
participated in, or facilitated the actions that led to assets
of a foreign state or governmental entity being stolen,
misappropriated, or illegally diverted or to the payment of
bribes or other foreign governmental corruption, the Secretary
may appropriately reduce such award. If such individual is
convicted of criminal conduct arising from the role described
in the preceding sentence, the Secretary shall deny any reward.
``(g) Determinations of Secretary.--A determination made by the
Secretary under this section shall be final and conclusive and shall
not be subject to judicial review.
``(h) Report.--
``(1) In general.--Within 180 days of the enactment of this
section, and annually thereafter, the Secretary shall issue a
report to the appropriate committees of the Congress--
``(A) detailing to the greatest extent possible the
amount, location, and ownership or beneficial ownership
of any stolen assets that, on or after the date of the
enactment of this section, come within the United
States or that come within the possession or control of
any United States person, including any foreign branch;
``(B) discussing efforts being undertaken to
identify more such stolen assets and their owners or
beneficial owners; and
``(C) including a discussion of the interactions of
the Department of the Treasury with the international
financial institutions (as defined in section
1701(c)(2) of the International Financial Institutions
Act) to identify the amount, location, and ownership,
or beneficial ownership, of stolen assets held in
financial institutions outside the United States.
``(2) Exception for ongoing investigations.--The report
issued under paragraph (1) shall not include information
related to ongoing investigations.
``(i) Definitions.--For purposes of this section:
``(1) Appropriate committees of the congress.--The term
`appropriate committees of the Congress' means the Committees
on Financial Services, Foreign Affairs, and the Judiciary of
the House of Representatives and the Committees on Banking,
Housing, and Urban Affairs, Foreign Relations, and the
Judiciary of the Senate.
``(2) Financial asset.--The term `financial asset' means
any funds, as defined by the Secretary, that on or after the
date of the enactment of this section come within the United
States or that come within the possession or control of any
United States person, including any foreign branch. Such term
shall include--
``(A) cash;
``(B) equity; or
``(C) any other intangible asset whose value is
derived from a contractual claim, including bank
deposits, bonds, stocks, a security as defined in
section 2(a) of the Securities Act of 1933 (15 U.S.C.
77b(a)), or a security or an equity security as defined
in section 3(a) of the Securities Exchange Act of 1934
(15 U.S.C. 78c(a)).
``(3) Foreign government corruption.--The term foreign
government corruption includes bribery of a foreign public
official, or the misappropriation, theft, or embezzlement of
public funds or property by or for the benefit of a foreign
public official.
``(4) Immediate family member.--The term `immediate family
member', with respect to an individual, has the meaning given
the term `member of the immediate family' under section 36(k)
of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2708(k)).
``(5) Rewards program.--The term `rewards program' means
the program established in subsection (a)(1) of this section.
``(6) Secretary.--The term `Secretary' means the Secretary
of the Treasury.
``(7) Stolen assets.--The term `stolen assets' means
financial assets within the jurisdiction of the United States,
constituting, derived from, or traceable to, any proceeds
obtained directly or indirectly from foreign government
corruption.''.
(b) Report on Disposition of Recovered Assets.--Within 180 days of
the enactment of this Act, the Secretary of the Treasury shall issue a
report to the appropriate committees of Congress (as defined under
section 9706(i) of title 31, United States Code) describing policy
choices for disposition of stolen assets recovered pursuant to section
9706 of title 31, United States Code.
(c) Table of Contents Amendment.--The table of contents for chapter
97 of title 31, United States Code, is amended by adding at the end the
following:
``9706. Department of the Treasury Kleptocracy Asset Recovery Rewards
Program.''. | Kleptocracy Asset Recovery Rewards Act This bill establishes in the Department of the Treasury a Kleptocracy Asset Recovery Rewards Program for the payment of rewards to support U.S. government programs and investigations aimed at eliminating from accounts at U.S. financial institutions any stolen assets linked to foreign government corruption and the proceeds of such corruption. Treasury may pay a reward to any individual who furnishes information leading to the restraining, seizure, forfeiture, or repatriation of stolen assets in an account at a U.S. financial institution, that come within the United States, or that come within the possession or control of any U.S. person linked to foreign government corruption. U.S. or foreign government employees are not eligible for such a reward. Treasury shall: (1) establish procedures for the offering, administration, and payment of such rewards in order to ensure that the payment of rewards pursuant to this bill does not duplicate or interfere with any other payment authorized by the Department of Justice (DOJ) or other federal law enforcement agencies for the obtaining of information or other evidence; and (2) obtain the written concurrence of DOJ before making such a reward under this bill in a matter over which there is federal criminal jurisdiction. Such rewards shall be paid from the Department of the Treasury Forfeiture Fund. The total amount of rewards paid may not exceed $25 million in any calendar year. The President may waive such limitation after providing prior notice to Congress. No single reward may exceed $5 million, except as Treasury determines necessary in exceptional cases. Treasury may reduce or deny awards to individuals claiming awards who were involved in actions leading to the misappropriation or diversion of stolen assets or other foreign government corruption. Treasury shall: (1) report annually regarding stolen assets, and (2) report describing policy choices for the disposition of recovered stolen assets. | {"src": "billsum_train", "title": "Kleptocracy Asset Recovery Rewards Act"} | 3,177 | 393 | 0.618383 | 2.107733 | 0.926058 | 4.350725 | 8.626087 | 0.947826 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Methamphetamine Remediation Research
Act of 2005''.
SEC. 2. FINDINGS.
Congress finds that--
(1) methamphetamine use and production is growing rapidly
throughout the United States;
(2) some materials and chemical residues remaining from the
production of methamphetamine pose novel environmental problems
in locations in which methamphetamine laboratories have been
closed;
(3) there has been little standardization of measures for
determining when the site of a former methamphetamine
laboratory has been successfully remediated;
(4)(A) initial cleanup actions are generally limited to
removal of hazardous substances and contaminated materials that
pose an immediate threat to public health or the environment;
and
(B) it is not uncommon for significant levels of
contamination to be found throughout residential structures in
which methamphetamine has been manufactured, partially because
of a lack of knowledge of how to achieve an effective cleanup;
(5)(A) data on methamphetamine laboratory-related
contaminants of concern are very limited;
(B) uniform cleanup standards do not exist; and
(C) procedures for sampling and analysis of contaminants
need to be researched and developed; and
(6) many States are struggling with establishing assessment
and remediation guidelines and programs to address the rapidly
expanding number of methamphetamine laboratories being closed
each year.
SEC. 3. VOLUNTARY GUIDELINES.
(a) Establishment of Voluntary Guidelines.--Not later than 1 year
after the date of enactment of this Act, the Assistant Administrator
for Research and Development of the Environmental Protection Agency
(referred to in this Act as the ``Assistant Administrator''), in
consultation with the National Institute of Standards and Technology,
shall establish voluntary guidelines, based on the best available
scientific knowledge, for the remediation of former methamphetamine
laboratories, including guidelines regarding preliminary site
assessment and the remediation of residual contaminants.
(b) Considerations.--In developing the voluntary guidelines under
subsection (a), the Assistant Administrator shall consider, at a
minimum--
(1) relevant standards, guidelines, and requirements found
in Federal, State, and local laws (including regulations);
(2) the varying types and locations of former
methamphetamine laboratories; and
(3) the expected cost of carrying out any proposed
guidelines.
(c) States.--
(1) In general.--The voluntary guidelines should be
designed to assist State and local governments in the
development and the implementation of legislation and other
policies to apply state-of-the-art knowledge and research
results to the remediation of former methamphetamine
laboratories.
(2) Adoption.--The Assistant Administrator shall work with
State and local governments and other relevant non-Federal
agencies and organizations, including through the conference
described in section 5, to promote and encourage the
appropriate adoption of the voluntary guidelines.
(d) Updating the Guidelines.--The Assistant Administrator shall
periodically update the voluntary guidelines as the Assistant
Administrator, in consultation with States and other interested
parties, determines to be appropriate to incorporate research findings
and other new knowledge.
SEC. 4. RESEARCH PROGRAM.
(a) In General.--The Assistant Administrator shall establish a
program of research to support the development and revision of the
voluntary guidelines described in section 3.
(b) Research.--The research shall--
(1) identify methamphetamine laboratory-related chemicals
of concern;
(2) assess the types and levels of exposure to chemicals of
concern identified under paragraph (1), including routine and
accidental exposures, that may present a significant risk of
adverse biological effects;
(3) identify the research efforts necessary to better
address biological effects and to minimize adverse human
exposures;
(4) evaluate the performance of various methamphetamine
laboratory cleanup and remediation techniques; and
(5) support other research priorities identified by the
Assistant Administrator in consultation with States and other
interested parties.
SEC. 5. TECHNOLOGY TRANSFER CONFERENCE.
(a) Conference.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act and at least every third year thereafter,
the Assistant Administrator shall convene a conference of
appropriate State agencies, individuals, and organizations
involved in research and other activities directly relating to
the environmental or biological impacts of former
methamphetamine laboratories.
(2) Forum.--The conference should be a forum for--
(A) the Assistant Administrator to provide
information on the guidelines developed under section 3
and on the latest findings from the research program
described in section 4; and
(B) non-Federal participants to provide information
on the problems and needs of States and localities and
their experience with guidelines developed under
section 3.
(b) Report.--
(1) In general.--Not later than 90 days after the date of
each conference, the Assistant Administrator shall submit to
Congress a report that summarizes the proceedings of the
conference, including a summary of any recommendations or
concerns raised by the non-Federal participants and how the
Assistant Administrator intends to respond to the
recommendations or concerns.
(2) Public availability.--The Assistant Secretary shall
make each report widely available to the general public.
SEC. 6. RESIDUAL EFFECTS STUDY.
(a) Study.--Not later than 180 days after the date of enactment of
this Act, the Assistant Administrator shall offer to enter into an
arrangement with the National Academy of Sciences under which the
National Academy of Sciences shall conduct a study of the status and
quality of research on the residual effects of methamphetamine
laboratories.
(b) Content.--The study shall identify research gaps and recommend
an agenda for the research program described in section 4, with
particular attention to the need for research on the impacts of
methamphetamine laboratories on--
(1) the residents of buildings in which such laboratories
are, or were, located, with particular emphasis given to
biological impacts on children; and
(2) first responders.
(c) Report.--Not later than 90 days after the date of completion of
the study, the Assistant Administrator shall submit to Congress a
report describing the manner in which the Assistant Administrator will
use the results of the study to carry out the activities described in
sections 3 and 4.
SEC. 7. METHAMPHETAMINE DETECTION RESEARCH AND DEVELOPMENT PROGRAM.
The Director of National Institute of Standards and Technology, in
consultation with the Assistant Administrator, shall support a research
program to develop--
(1) new methamphetamine detection technologies, with
emphasis on field test kits and site detection; and
(2) appropriate standard reference materials and validation
procedures for methamphetamine detection testing.
SEC. 8. SAVINGS CLAUSE.
Nothing in this Act modifies or otherwise affects the regulatory
authority of the Environmental Protection Agency.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) Environmental Protection Agency.--There is authorized to be
appropriated to the Assistant Administrator to carry out this Act
$3,000,000 for each of fiscal years 2006 through 2009.
(b) National Institute of Standards and Technology.--There is
authorized to be appropriated to the Director of the National Institute
of Standards and Technology to carry out this Act $1,500,000 for each
of fiscal years 2006 through 2009. | Methamphetamine Remediation Research Act of 2005 - Directs the Assistant Administrator for Research and Development of the Environmental Protection Agency (EPA) to establish: (1) voluntary guidelines, based on the best available scientific knowledge, for the remediation of former methamphetamine laboratories, including guidelines regarding preliminary site assessment and the remediation of residual contaminants; and (2) a program of research to support the development and revision of such guidelines.
Directs the Assistant Administrator: (1) every three years, to convene a conference of appropriate state agencies, individuals, and organizations involved in research and other activities directly related to the environmental or biological impacts of former methamphetamine laboratories to be a forum for exchanging information relating to such guidelines; and (2) to enter into an arrangement with the National Academy of Sciences (NAS) for a study of the status and quality of research on the residual effects of methamphetamine laboratories.
Requires the Director of the National Institute of Standards and Technology (NIST) to support a research program to develop: (1) new methamphetamine detection technologies, with an emphasis on field test kits and site detection; and (2) appropriate standard reference materials and validation procedures for methamphetamine detection testing. | {"src": "billsum_train", "title": "A bill to provide for a research program for remediation of closed methamphetamine production laboratories, and for other purposes."} | 1,560 | 266 | 0.693868 | 2.255188 | 0.997996 | 5.532751 | 6.310044 | 0.947598 |
SECTION 1. EXPANSION AND EXTENSION OF AMERICAN SAMOA ECONOMIC
DEVELOPMENT CREDIT.
(a) In General.--Subpart B 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. 30D. AMERICAN SAMOA ECONOMIC DEVELOPMENT CREDIT.
``(a) Allowance of Credit.--In the case of a qualified domestic
corporation, there shall be allowed as a credit against the tax imposed
by this chapter an amount equal to the portion of the tax which is
attributable to the taxable income, from sources without the United
States, from--
``(1) the active conduct of a trade or business within
American Samoa, or
``(2) the sale or exchange of substantially all of the
assets used by the taxpayer in the active conduct of such trade
or business.
``(b) Limitation.--The amount of the credit determined under
subsection (a) for any taxable year shall not exceed the sum of the
following amounts (determined by treating American Samoa as the only
possession of the United States):
``(1) 60 percent of the sum of--
``(A) the aggregate amount of the qualified
domestic corporation's qualified possession wages for
such taxable year, plus
``(B) the allocable employee fringe benefit
expenses of the qualified domestic corporation for such
taxable year.
``(2) The sum of--
``(A) 15 percent of the depreciation allowances for
the taxable year with respect to short-life qualified
tangible property,
``(B) 40 percent of the depreciation allowances for
the taxable year with respect to medium-life qualified
tangible property, and
``(C) 65 percent of the depreciation allowances for
the taxable year with respect to long-life qualified
tangible property.
``(c) Qualified Domestic Corporation.--For purposes of this
section, the term `qualified domestic corporation' means any domestic
corporation which meets the conditions of both paragraphs (1) and (2)
of section 30A(b).
``(d) Credit Not Allowed Against Certain Taxes.--The credit
provided by subsection (a) shall not be allowed against any tax
referred to in a paragraph of section 30A(c).
``(e) Treatment of Certain Foreign Taxes.--For purposes of this
title, any tax of a foreign country or a possession of the United
States which is paid or accrued with respect to taxable income which is
taken into account in computing the credit under subsection (a) shall
not be treated as income, war profits, or excess profits taxes paid or
accrued to a foreign country or possession of the United States, and no
deduction shall be allowed under this title with respect to any amounts
so paid or accrued.
``(f) Administrative Provisions.--For purposes of this title--
``(1) the credit under this section shall be treated in the
same manner as the credit under section 936, and
``(2) a corporation to which this section applies shall be
treated in the same manner as if it were a corporation electing
the application of section 936.
``(g) Denial of Double Benefit.--Any wages or other expenses taken
into account in determining the credit under this section may not be
taken into account in determining the credit under section 41.
``(h) Application of Section.--This section shall apply to taxable
years beginning after December 31, 2007, and before January 1, 2018.''.
(b) Conforming Amendments.--
(1) Paragraph (1) of section 55(c) of such Code is amended
by striking ``and the Puerto Rico economic activity credit
under section 30A'' and inserting ``the Puerto Rico economic
activity credit under section 30A, and the American Samoa
economic development credit under section 30D''.
(2) Subclause (I) of section 56(g)(4)(C)(ii) of such Code
is amended by inserting ``30D,'' after ``30A,''.
(3) Subclause (VI) of section 56(g)(4)(C)(iii) of such Code
is amended to read as follows:
``(VI) Application to sections 30a
and 30d corporations.--References in
this clause to section 936 shall be
treated as including references to
sections 30A and 30D.''.
(4) Subsection (b) of section 59 of such Code is amended by
inserting ``, 30D,'' after ``30A'' each place it appears,
including the heading.
(5) The table of sections for subpart B of part IV of
subchapter A of chapter 1 of such Code is amended by adding at
the end the following new item:
``Sec. 30D. American Samoa economic development credit.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007. | Amends the Internal Revenue Code to allow, between January 1, 2008, and December 31, 2017, a tax credit to certain domestic corporations engaged in business activities and asset sales within American Samoa. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to expand, and extend for 10 years, the American Samoa economic development credit."} | 1,117 | 41 | 0.546862 | 1.262925 | 0.391996 | 1.473684 | 26.078947 | 0.736842 |
SECTION 1. RELIQUIDATION OF CERTAIN ENTRIES OF THERMAL TRANSFER
MULTIFUNCTION MACHINES.
(a) In General.--Notwithstanding section 514 of the Tariff Act of
1930 (19 U.S.C. 1514) or any other provision of law and subject to the
provisions of subsection (b), the United States Customs Service shall,
not later than 180 days after the receipt of the request described in
subsection (b), liquidate or reliquidate each entry described in
subsection (d) containing any merchandise which, at the time of the
original liquidation, was classified under subheading 8517.21.00 of the
Harmonized Tariff Schedule of the United States (relating to indirect
electrostatic copiers) or subheading 9002.12.00 of such Schedule
(relating to indirect electrostatic copiers), at the rate of duty that
would have been applicable to such merchandise if the merchandise had
been liquidated or reliquidated under subheading 8571.60.65 of the
Harmonized Tariff Schedule of the United States (relating to other
automated data processing (ADP) thermal transfer printer units) on the
date of entry.
(b) Requests.--Reliquidation may be made under subsection (a) with
respect to an entry described in subsection (d) only if a request
therefor is filed with the Customs Service within 90 days after the
date of enactment of this Act and the request contains sufficient
information to enable the Customs Service to locate the entry or
reconstruct the entry if it cannot be located.
(c) Payment of Amounts Owed.--Any amounts owed by the United States
pursuant to the liquidation or reliquidation of an entry under
subsection (a) shall be paid not later than 180 days after the date of
such liquidation or reliquidation.
(d) Affected Entries.--The entries referred to in subsection (a),
filed at the port of Los Angeles, are as follows:
------------------------------------------------------------------------
Date of Entry Entry Number Liquidation Date
------------------------------------------------------------------------
01/17/97 112-9638417-3 02/21/97
01/10/97 112-9637684-9 03/07/97
01/03/97 112-9636723-6 04/18/97
01/10/97 112-9637686-4 03/07/97
02/21/97 112-9642157-9 09/12/97
02/14/97 112-9641619-9 06/06/97
02/14/97 112-9641693-4 06/06/97
02/21/97 112-9642156-1 09/12/97
02/28/97 112-9643326-9 09/12/97
03/18/97 112-9645336-6 09/19/97
03/21/97 112-9645682-3 09/19/97
03/21/97 112-9645681-5 09/19/97
03/21/97 112-9645698-9 09/19/97
03/14/97 112-9645026-3 09/19/97
03/14/97 112-9645041-2 09/19/97
03/20/97 112-9646075-9 09/19/97
03/14/97 112-9645026-3 09/19/97
04/04/97 112-9647309-1 09/19/97
04/04/97 112-9647312-5 09/19/97
04/04/97 112-9647316-6 09/19/97
04/11/97 112-9300151-5 10/31/97
04/11/97 112-9300287-7 09/26/97
04/11/97 112-9300308-1 02/20/98
04/10/97 112-9300356-0 09/26/97
04/16/97 112-9301387-4 09/26/97
04/22/97 112-9301602-6 09/26/97
04/18/97 112-9301627-3 09/26/97
04/21/97 112-9301615-8 09/26/97
04/25/97 112-9302445-9 10/31/97
04/25/97 112-9302298-2 09/26/97
04/25/97 112-9302205-7 09/26/97
04/04/97 112-9302371-7 09/26/97
05/26/97 112-9305730-1 09/26/97
05/21/97 112-9305527-1 09/26/97
05/30/97 112-9306718-5 09/26/97
05/19/97 112-9304958-9 09/26/97
05/16/97 112-9305030-6 09/26/97
05/07/97 112-9303702-2 09/26/97
05/09/97 112-9303707-1 09/26/97
05/10/97 112-9304256-8 09/26/97
05/31/97 112-9306470-3 09/26/97
05/02/97 112-9302717-1 09/19/97
06/20/97 112-9308793-6 09/26/97
06/18/97 112-9308717-5 09/26/97
06/16/97 112-9308538-5 09/26/97
06/09/97 112-9307568-3 09/26/97
06/06/97 112-9307144-3 09/26/97
07/07/97 112-9309060-9 09/26/97
07/14/97 112-9309733-1 09/26/97
05/09/97 112-9303887-1 09/26/97
------------------------------------------------------------------------ | Provides, upon request, for the liquidation or reliquidation of certain entries of certain thermal transfer multifunction machines. | {"src": "billsum_train", "title": "To provide for the reliquidation of certain entries of certain thermal transfer multifunction machines."} | 1,301 | 27 | 0.465347 | 1.23529 | -0.211716 | 2.55 | 43.55 | 0.85 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taxpayer Transparency Act of 2014''.
SEC. 2. REQUIREMENTS FOR PRINTED MATERIALS AND ADVERTISEMENTS BY
FEDERAL AGENCIES.
(a) Requirement To Identify Funding Source for Communication Funded
by Federal Agency.--Each communication funded by a Federal agency that
is an advertisement, or that provides information about any Federal
Government program, benefit, or service, shall clearly state--
(1) in the case of a printed communication, including mass
mailings, signs, and billboards, that the communication is
printed or published at taxpayer expense; and
(2) in the case of a communication transmitted through
radio, television, the Internet, or any means other than the
means referred to in paragraph (1), that the communication is
produced or disseminated at taxpayer expense.
(b) Additional Requirements.--
(1) Printed communication.--Any printed communication
described in subsection (a)(1) shall--
(A) be of sufficient type size to be clearly
readable by the recipient of the communication;
(B) to the extent feasible, be contained in a
printed box set apart from the other contents of the
communication; and
(C) to the extent feasible, be printed with a
reasonable degree of color contrast between the
background and the printed statement.
(2) Radio, television, and internet communication.--
(A) Audio communication.--Any audio communication
described in subsection (a)(2) shall include an audio
statement that communicates the information required
under that subsection in a clearly spoken manner.
(B) Video communication.--Any video communication
described in subsection (a)(2) shall include a
statement with the information referred to under that
subsection--
(i) that is conveyed in a clearly spoken
manner;
(ii) that is conveyed by a voice-over or
screen view of the person making the statement;
and
(iii) to the extent feasible, that also
appears in writing at the end of the
communication in a clearly readable manner with
a reasonable degree of color contrast between
the background and the printed statement, for a
period of at least 4 seconds.
(C) E-mail communication.--Any e-mail communication
described in subsection (a)(2) shall include the
information required under that subsection, displayed
in a manner that--
(i) is of sufficient type size to be
clearly readable by the recipient of the
communication;
(ii) is set apart from the other contents
of the communication; and
(iii) includes a reasonable degree of color
contrast between the background and the printed
statement.
(c) Identification of Other Funding Source for Certain
Communications.--In the case of a communication funded entirely by user
fees, by any other source that does not include Federal funds, or by a
combination of such fees or other source, a Federal agency may apply
the requirements of subsections (a) and (b) by substituting ``by the
United States Government'' for ``at taxpayer expense''.
(d) Definitions.--In this Act:
(1) Federal agency.--The term ``Federal agency'' has the
meaning given the term ``Executive agency'' in section 133 of
title 41, United States Code.
(2) Mass mailing.--The term ``mass mailing'' means any
mailing or distribution of 499 or more newsletters, pamphlets,
or other printed matter with substantially identical content,
whether such matter is deposited singly or in bulk, or at the
same time or different times, except that such term does not
include any mailing--
(A) in direct response to a communication from a
person to whom the matter is mailed; or
(B) of a news release to the communications media.
(e) Source of Funds.--The funds used by a Federal agency to carry
out this Act shall be derived from amounts made available to the agency
for advertising, or for providing information about any Federal
Government program, benefit, or service.
(f) Effective Date.--This section shall apply only to
communications printed or otherwise produced after the date of the
enactment of this Act.
SEC. 3. GUIDANCE FOR IMPLEMENTATION.
Not later than 6 months after the date of the enactment of this
Act, the Director of the Office of Management and Budget shall develop
and issue guidance on implementing the requirements of this Act.
SEC. 4. JUDICIAL REVIEW AND ENFORCEABILITY.
(a) Judicial Review.--There shall be no judicial review of
compliance or noncompliance with any provision of this Act.
(b) Enforceability.--No provision of this Act shall be construed to
create any right or benefit, substantive or procedural, enforceable by
any administrative or judicial action.
Passed the House of Representatives February 26, 2014.
Attest:
KAREN L. HAAS,
Clerk. | (This measure has not been amended since it was reported to the House on February 25, 2014. Taxpayer Transparency Act of 2014 - Requires each communication funded by a federal agency that is an advertisement, or that provides information about any federal program, benefit, or service to clearly state: (1) in the case of a printed communication, including mass mailings, signs, and billboards, that the communication is printed or published at taxpayer expense; and (2) in the case of a communication transmitted through radio, television, or the Internet, that the communication is produced or disseminated at taxpayer expense. Requires such notification to state that a communication is provided by the U.S. government, rather than at taxpayer expense, if the communication is funded entirely by user fees or by other sources that do not include federal funds. Requires any such printed communication: (1) to be of sufficient size to be clearly readable; and (2) to the extent feasible, to be contained in a printed box set apart from the other contents of the communication and to be printed with a reasonable degree of color contrast between the background and the printed statement. Sets forth similar requirements for audio, video, and email communications. Requires the Director of the Office of Management and Budget (OMB) to develop and issue guidance on implementing the requirements of this Act. Prohibits judicial review of the compliance or noncompliance with any provision of this Act. | {"src": "billsum_train", "title": "Taxpayer Transparency Act of 2014"} | 1,097 | 329 | 0.704089 | 2.139462 | 0.63835 | 5.435252 | 3.510791 | 0.881295 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Safety Net Hospital
Improvement Act of 2002''.
SEC. 2. COLLECTION OF DATA AND MODIFICATION OF DISPROPORTIONATE SHARE
MEDICARE PAYMENTS TO HOSPITALS SERVING VULNERABLE
POPULATIONS.
(a) Collection of Data.--Section 1886(d)(5)(F) of the Social
Security Act (42 U.S.C. 1395ww(d)(5)(F)) is amended by adding at the
end the following new clause:
``(xiv) The Secretary shall collect from each subsection (d)
hospital annual data on inpatient and outpatient charges, including all
such charges for each of the following categories:
``(I) All patients.
``(II) Patients who are entitled to benefits under part A
and are entitled to benefits (excluding any State
supplementation) under the supplemental security income program
under title XVI.
``(III) Patients who are entitled to (or, if they applied,
would be eligible for) medical assistance under title XIX or
child health assistance under title XXI.
``(IV) Patients who are beneficiaries of indigent care
programs sponsored by State or local governments (including
general assistance programs) which are funded solely by local
or State funds or by a combination of local, State, or Federal
funding.
``(V) The amount of charity care charges and bad debt.''.
(b) Modification.--Section 1886(d)(5)(F) of the Social Security Act
(42 U.S.C. 1395ww(d)(5)(F)), as amended by subsection (a), is amended--
(1) by striking all the matter preceding clause (xiv) and
inserting the following:
``(F)(i) The Secretary shall provide, in accordance with this
subparagraph, for an additional payment amount for each subsection (d)
hospital which serves a significantly disproportionate number of low-
income patients (as defined in clause (iv)).
``(ii) The amount of the payment described in clause (i) for each
discharge shall be determined by multiplying--
``(I) the sum of the amount determined under paragraph
(1)(A)(ii)(II) (or, if applicable, the amount determined under
paragraph (1)(A)(iii)) and, for cases qualifying for additional
payment under subparagraph (A)(i), the amount paid to the
hospital under subparagraph (A) for that discharge, by
``(II) the disproportionate share adjustment percentage
established under clause (iii) for the cost reporting period in
which the discharge occurs.
``(iii) The disproportionate share adjustment percentage for a cost
reporting period for a hospital is equal to (P-T)(C), where--
``(I) `P' is equal to the hospital's disproportionate
patient percentage (as defined in clause (v)) for the period;
``(II) `T' is equal to the threshold percentage established
by the Secretary under clause (iv); and
``(III) `C' is equal to a conversion factor established by
the Secretary in a manner so that, in applying such conversion
factor for cost reporting periods beginning in fiscal year
2002--
``(aa) the total of the additional payments that
would have been made under this subparagraph for cost
reporting periods beginning in fiscal year 2002 if the
amendment made by section 2(b) of the Medicare Safety
Net Hospital Improvement Act of 2002 had been in
effect; are equal to
``(bb) the total of the additional payments that
would have been made under this subparagraph for cost
reporting periods beginning in fiscal year 2002 if such
amendment was not in effect but if the disproportionate
share adjustment percentage (as defined in clause (iv)
(as in effect during such cost reporting periods)) for
all hospitals was equal to the percent determined in
accordance with the applicable formulae described in
clause (vii) (as so in effect).
The Secretary shall establish the conversion factor under subclause
(III) based upon the data described in clause (iv) that is collected by
the Secretary.
``(iv) For purposes of this subparagraph, a hospital `serves a
significantly disproportionate number of low-income patients' for a
cost reporting period if the hospital has a disproportionate patient
percentage (as defined in clause (v)) for that period which equals or
exceeds a threshold percentage, as established by the Secretary in a
manner so that, if the amendment made by section 2(b) of the Medicare
Safety Net Hospital Improvement Act of 2002 had been in effect for cost
reporting periods beginning in fiscal year 2002 and if the
disproportionate share adjustment percentage (as defined in clause (iv)
(as in effect during such periods)) for all hospitals was equal to the
percent determined in accordance with the applicable formulae described
in clause (vii) (as so in effect), 60 percent of subsection (d)
hospitals would have been eligible for an additional payment under this
subparagraph for such periods. The Secretary shall establish such
threshold percentage based upon the data described in clause (iv) that
is collected by the Secretary.
``(v) In this subparagraph, the term `disproportionate patient
percentage' means, with respect to a cost reporting period of a
hospital (expressed as a percentage)--
``(I) the charges described in subclauses (II) through (V)
of clause (vi) for such period; divided by
``(II) the charges described in subclause (I) of such
clause for such period.''; and
(2) by redesignating clause (xiv) as clause (vi).
(c) Conforming Amendments.--
(1) Medicare.--
(A) Qualified long-term care hospital.--Section
1886(b)(3)(G)(ii)(II) of the Social Security Act (42
U.S.C. 1395ww(b)(3)(G)(ii)(II)) is amended by striking
``of at least 70 percent (as determined by the
Secretary under subsection (d)(5)(F)(vi))'' and
inserting ``under subsection (d)(5)(F)(v) equal to or
greater than an appropriate percentage (as determined
by the Secretary)''.
(B) Provider-based status.--Section 404(b)(2)(B) of
the Medicare, Medicaid, and SCHIP Benefits Improvement
and Protection Act of 2000 (114 Stat. 2763A-507), as
enacted into law by section 1(a)(6) of Public Law 106-
554, is amended by striking ``greater than 11.75
percent or is described in clause (i)(II) of such
section'' and inserting ``greater than an appropriate
percent (as determined by the Secretary)''.
(2) Medicaid.--Section 1923(c) of the Social Security Act
(42 U.S.C. 1396r-4(c)) is amended--
(A) in paragraph (1), by striking ``section
1886(d)(5)(F)(iv)'' and inserting ``section
1886(d)(5)(F)(iii)''; and
(B) by striking the second sentence.
(3) Public health service act.--Section 340B(a)(4)(L)(ii)
of the Public Health Service Act (42 U.S.C. 256b(a)(4)(L)(ii))
is amended to read as follows:
``(ii) for the most recent cost reporting
period that ended before the calendar quarter
involved--
``(I) in the case of a calendar
quarter involved that begins prior to
April 1, 2004, had a disproportionate
share adjustment percentage (as
determined under section 1886(d)(5)(F)
of the Social Security Act) greater
than 11.75 percent or was described in
section 1886(d)(5)(F)(i)(II) of such
Act; and
``(II) in the case of a calendar
quarter involved that begins on or
after April 1, 2004, had a
disproportionate share adjustment
percentage (as so determined) that is
greater than an appropriate percent, as
established by the Secretary in a
manner so that, with respect to the 12-
month period beginning on such date,
the number of hospitals that are
described in this subparagraph is the
same as, or greater than, the number of
hospitals that would have been
described in this subparagraph if the
Medicare Safety Net Hospital
Improvement Act of 2002 had not been
enacted; and''.
(d) Technical Amendments.--Section 1815(e)(1)(B) of the Social
Security Act (42 U.S.C. 1395g(e)(1)(B)) is amended--
(1) in the matter preceding clause (i), by inserting ``a''
before ``hospital''; and
(2) in clause (i), by striking ``(as established in clause
(iv) of such section)'' and inserting ``(as established in
section 1886(d)(5)(F)(iv), as in effect during fiscal year
1987)''.
(e) Effective Dates.--
(1) Collection.--The amendment made by subsection (a) shall
take effect on the date of enactment of this Act.
(2) Modification and conforming amendments.--The amendments
made by subsections (b) and (c) shall apply to payments for
discharges occurring on or after April 1, 2004.
(3) Technical amendments.--The amendments made by
subsection (d) shall take effect as if included in the
enactment of section 9311(a) of the Omnibus Budget
Reconciliation Act of 1986 (Public Law 99-509; 100 Stat. 1996). | Medicare Safety Net Hospital Improvement Act of 2002 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to provide for the annual collection of data on inpatient and outpatient charges and modification of disproportionate share Medicare payments with respect to each hospital serving vulnerable populations. | {"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to improve disproportionate share medicare payments to hospitals serving vulnerable populations."} | 2,233 | 63 | 0.566164 | 1.349978 | 0.976323 | 3.365385 | 35.769231 | 0.942308 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taking Account of Institutions with
Low Operation Risk Act of 2017'' or the ``TAILOR Act of 2017''.
SEC. 2. REGULATIONS APPROPRIATE TO BUSINESS MODELS.
(a) In General.--For any regulatory action occurring after the date
of the enactment of this Act, each Federal financial institutions
regulatory agency shall--
(1) take into consideration the risk profile and business
models of each type of institution or class of institutions
subject to the regulatory action;
(2) determine the necessity, appropriateness, and impact of
applying such regulatory action to such institutions or classes
of institutions; and
(3) tailor such regulatory action in a manner that limits
the regulatory compliance impact, cost, liability risk, and
other burdens, as appropriate, for the risk profile and
business model of the institution or class of institutions
involved.
(b) Other Considerations.--In carrying out the requirements of
subsection (a), each Federal financial institutions regulatory agency
shall consider--
(1) the impact that such regulatory action, both by itself
and in conjunction with the aggregate effect of other
regulations, has on the ability of the applicable institution
or class of institutions to serve evolving and diverse customer
needs;
(2) the potential impact of examination manuals, regulatory
actions taken with respect to third-party service providers, or
other regulatory directives that may be in conflict or
inconsistent with the tailoring of such regulatory action
described in subsection (a)(3); and
(3) the underlying policy objectives of the regulatory
action and statutory scheme involved.
(c) Notice of Proposed and Final Rulemaking.--Each Federal
financial institutions regulatory agency shall disclose in every notice
of proposed rulemaking and in any final rulemaking for a regulatory
action how the agency has applied subsections (a) and (b).
(d) Reports to Congress.--
(1) Individual agency reports.--
(A) In general.--Not later than 1 year after the
date of the enactment of this Act and annually
thereafter, each Federal financial institutions
regulatory agency shall report to the Committee on
Financial Services of the House of Representatives and
the Committee on Banking, Housing, and Urban Affairs of
the Senate on the specific actions taken to tailor the
regulatory actions of the agency pursuant to the
requirements of this Act.
(B) Appearance before the committees.--The head of
each Federal financial institution regulatory agency
shall appear before the Committee on Financial Services
of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate after
each report is made pursuant to subparagraph (A) to
testify on the contents of such report.
(2) FIEC reports.--
(A) In general.--Not later than 3 months after each
report is submitted under paragraph (1), the Financial
Institutions Examination Council shall report to the
Committee on Financial Services of the House of
Representatives and the Committee on Banking, Housing,
and Urban Affairs of the Senate on--
(i) the extent to which regulatory actions
tailored pursuant to this Act result in
different treatment of similarly situated
institutions of diverse charter types; and
(ii) the reasons for such differential
treatment.
(B) Appearance before the committees.--The Chairman
of the Financial Institutions Examination Council shall
appear before the Committee on Financial Services of
the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate after
each report is made pursuant to subparagraph (A) to
testify on the contents of such report.
(e) Limited Look-Back Application.--
(1) In general.--Each Federal financial institutions
regulatory agency shall conduct a review of all regulations
adopted during the period beginning on the date that is seven
years before the date of the introduction of this Act in the
House of Representatives and ending on the date of the
enactment of this Act, and apply the requirements of this Act
to such regulations.
(2) Revision.--If the application of the requirements of
this Act to any such regulation requires such regulation to be
revised, the applicable Federal financial institutions
regulatory agency shall revise such regulation within 3 years
of the enactment of this Act.
(f) Definitions.--In this Act, the following definitions shall
apply:
(1) Federal financial institutions regulatory agencies.--
The term ``Federal financial institutions regulatory agencies''
means the Office of the Comptroller of the Currency, the Board
of Governors of the Federal Reserve System, the Federal Deposit
Insurance Corporation, the National Credit Union
Administration, and the Bureau of Consumer Financial
Protection.
(2) Regulatory action.--The term ``regulatory action''
means any proposed, interim, or final rule or regulation,
guidance, or published interpretation.
SEC. 3. REDUCTION OF SURPLUS FUNDS OF FEDERAL RESERVE BANKS.
(a) In General.--Section 7(a)(3)(A) of the Federal Reserve Act (12
U.S.C. 289(a)(3)(A)) is amended by striking ``$7,500,000,000'' and
inserting ``$7,385,714,000''.
(b) Effective Date.--Subsection (a) shall take effect on June 1,
2018.
Passed the House of Representatives March 14, 2018.
Attest:
KAREN L. HAAS,
Clerk. | Taking Account of Institutions with Low Operation Risk Act of 2017 or the TAILOR Act of 2017 (Sec. 2) This bill requires federal financial regulatory agencies to: (1) tailor any regulatory actions so as to limit burdens on the institutions involved, with consideration of the risk profiles and business models of those institutions; and (2) report to Congress on specific actions taken to do so, as well as on other related issues. The bill's tailoring requirement applies not only to future regulatory actions but also to regulations adopted within the last seven years. (Sec. 3) The bill amends the Federal Reserve Act to lower the maximum allowable amount of surplus funds of the Federal Reserve banks. | {"src": "billsum_train", "title": "Taking Account of Institutions with Low Operation Risk Act of 2017"} | 1,148 | 157 | 0.600709 | 1.766118 | 0.733802 | 2.023077 | 8.176923 | 0.792308 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Puppies Assisting Wounded
Servicemembers (PAWS) Act of 2016''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) An estimated 14 percent of members of the Armed Forces
returning from active duty service in support of Operation
Iraqi Freedom or Operation Enduring Freedom suffer from post-
traumatic stress disorder.
(2) The resulting hyperstimulation of the fight-flight-
freeze response associated with post-traumatic stress disorder
poses a threat to the successful societal reintegration of such
members of the Armed Forces.
(3) Animals such as dogs can buffer this stress response
when humans fail to provide social support.
(4) Interaction with dogs has been shown to modulate
symptoms of post-traumatic stress disorder, such as anxiety,
including fear response and hyperarousal, interpersonal
difficulties, social isolation, physical pain, and sleep
disturbances.
SEC. 3. PILOT PROGRAM ON PROVISION BY DEPARTMENT OF VETERANS AFFAIRS OF
SERVICE DOGS TO CERTAIN VETERANS WITH SEVERE POST-
TRAUMATIC STRESS DISORDER.
(a) Pilot Program.--
(1) In general.--The Secretary of Veterans Affairs, acting
through the Office of Patient Centered Care and Cultural
Transformation of the Department of Veterans Affairs, shall
carry out a pilot program under which the Secretary provides
service dogs to eligible veterans.
(2) Veterinary insurance.--The Secretary shall furnish
veterinary health insurance for each service dog provided to an
eligible veteran under the pilot program.
(b) Eligibility.--
(1) Initial eligibility.--A veteran is eligible for a
service dog under the pilot program if the veteran--
(A) is diagnosed with post-traumatic stress
disorder rated at a severity level of three or four on
the Clinician-Administered PTSD Scale for DSM-5 (CAPS-
5);
(B) has completed an established evidence-based
treatment for post-traumatic stress disorder and
remains significantly symptomatic, as evidenced by the
Global Assessment of Functioning or a similar clinical
metric;
(C) has served on active duty in the Armed Forces
on or after September 11, 2001; and
(D) has not experienced satisfactory improvement in
post-traumatic stress disorder symptoms after being
treated with established evidence-based therapies.
(2) Ongoing eligibility for veterinary insurance.--To
remain eligible to receive veterinary health insurance from the
Department for a service dog provided under the pilot program,
a veteran shall see a physician at a medical facility of the
Department who is a primary care provider or mental health care
provider not less frequently than once every 90 days.
(c) Contract Authority.--
(1) In general.--In carrying out the pilot program, the
Secretary shall enter into such contracts as may be necessary
for the procurement and training of service dogs with
appropriate providers that are certified by Assistance Dogs
International or a similar organization and that--
(A) on average, provide one-on-one training for
each service dog for a minimum of 30 hours during a
period of not less than 90 days, including the
provision of a wellness verification from a licensed
veterinarian;
(B) provide an in-house residential facility at
which recipients of service dogs stay for a minimum of
ten days and receive not less than 30 hours of training
with their new service dog;
(C) ensure all service dogs trained by the provider
pass the American Kennel Club Canine Good Citizen test
prior to permanent placement with a recipient; and
(D) provide follow-up support service for the life
of the service dog.
(2) Limitation.--The Secretary may not obligate or expend
more than $27,000 for the procurement and training of any
service dog under a contract entered into under this
subsection.
(d) Effect on Other Treatment.--The provision of a service dog
under the pilot program shall be in addition to other types of
treatment provided for post-traumatic stress disorder and shall not
replace established treatment modalities.
(e) GAO Study.--
(1) In general.--Not later than 180 days after the
termination of the pilot program under this section, the
Comptroller General of the United States shall submit to
Congress a report on the pilot program.
(2) Elements.--The report required by paragraph (1) shall
include--
(A) an evaluation of the effectiveness of the pilot
program with respect to--
(i) helping veterans with severe post-
traumatic stress disorder live normally;
(ii) relevant metrics, including reduction
in scores under the post-traumatic stress
disorder checklist (PCL), improvement in
psychosocial function, and therapeutic
compliance;
(iii) lessening the symptoms of post-
traumatic stress disorder; and
(iv) reducing the dependence of
participants under the pilot program on
prescription narcotics and psychotropic
medication; and
(B) the recommendations of the Comptroller General
with respect to the continuation or expansion of the
pilot program.
(f) Authorization of Appropriations.--There is authorized to be
appropriated for each of fiscal years 2017 through 2022 $10,000,000 to
carry out the pilot program under this section.
(g) Offset.--The amounts otherwise authorized to be appropriated
for the Office of Human Resources and Administration of the Department
of Veterans Affairs for each of fiscal years 2017 through 2022 shall be
reduced by $10,000,000.
(h) Termination.--The authority to carry out the pilot program
under this section shall terminate on the date that is five years after
the date of the enactment of this Act. | Puppies Assisting Wounded Servicemembers (PAWS) Act of 2016 This bill directs the Department of Veterans Affairs (VA), through the Office of Patient Centered Care and Cultural Transformation, to carry out a five-year pilot program under which the VA shall provide a service dog and veterinary health insurance to a veteran who: is diagnosed with post-traumatic stress disorder rated at a severity level of 3 or 4 on the Clinician-Administered PTSD Scale for DSM-5 (CAPS-5), has completed an evidence-based treatment and remains significantly symptomatic, served on active duty on or after September 11, 2001, has not experienced satisfactory improvement in symptoms after being treated with evidence-based therapies. The VA shall enter into contracts with appropriate providers that are certified by Assistance Dogs International or a similar organization for the procurement of service dogs and training of such dogs and their recipients. The provision of a service dog shall be done in addition to other types of treatment for post-traumatic stress disorder and shall not replace established treatment modalities. | {"src": "billsum_train", "title": "Puppies Assisting Wounded Servicemembers (PAWS) Act of 2016"} | 1,215 | 228 | 0.69942 | 2.275563 | 0.926616 | 4.417085 | 5.603015 | 0.939698 |
SECTION 1. FINDINGS.
Congress finds the following:
(1) The insurgency in Iraq has been fueled by the United
States occupation and the prospect of a long-term presence as
indicated by the building of permanent United States military
bases.
(2) A United States declaration of an intention to withdraw
United States troops and close military bases will help dampen
the insurgency which has been inspired to resist colonization
and fight aggressors and those who have supported United States
policy.
(3) A United States declaration of an intention to withdraw
United States troops and close military bases will provide an
opening in which parties within Iraq and in the region can set
the stage for negotiations toward a peaceful settlement in
Iraq.
(4) The cost of withdrawing United States troops from Iraq
could be as low as $10 billion according to the Congressional
Budget Office.
(5) A United States shift in policy away from unilateralism
and toward cooperation will provide new opportunities for
exploring common concerns about the situation in Iraq.
(6) The United Nations is best equipped to build a
political consensus in Iraq through the crafting of a political
agreement.
(7) The end of the occupation of Iraq creates a political
environment that enables the world community to assist the
United States in an orderly transition.
(8) The United Nations is the only international
organization with the ability to mobilize and the legitimacy to
authorize peacekeeping troops.
(9) The United Nations can implement the basis of an
agreement that will end the occupation of Iraq and begin the
transition to international peacekeepers.
(10) The United Nations can field an international security
and peacekeeping mission, but such a mission cannot take shape
unless there is a peace to keep, and that will be dependent
upon a political process which reaches agreement between all
the Iraqi parties.
(11) Reconstruction activities must be reorganized and
closely monitored in Iraq by the Iraqi Government, with the
assistance of the international community.
(12) Any attempt to sell Iraqi oil assets during the United
States occupation will be a significant stumbling block to
peaceful resolution.
(13) There must be fairness in the distribution of oil
resources in Iraq.
(14) A reconciliation process that brings people together
is the only way to overcome their fears and reconcile their
differences.
(15) It is essential to create a minimum of understanding
and mutual confidence between the Shiites, Sunnis, and Kurds.
(16) The process of reconciliation must begin with a
national conference, organized with the assistance of the
United Nations and with the participation of parties that can
create, participate in, and affect the process of
reconciliation, defined as an airing of all grievances and the
creation of pathways toward open, transparent talks producing
truth and resolution of grievances.
(17) The only sure path toward reconciliation is through
the political process.
(18) All factions and all insurgents not associated with
al-Qaeda must be brought together in a relentless process which
involves Saudis, Turks, Syrians, and Iranians.
(19) Achieving peace requires a process of international
truth and reconciliation between the people of the United
States and the people of Iraq.
(20) A reparations program to assist Iraqis is essential to
enable reconciliation.
SEC. 2. STATEMENT OF POLICY.
It is the policy of the United States that--
(1) the United States should end the occupation of Iraq
immediately, simultaneously with the introduction of a United
Nations-led international peacekeeping force pursuant to an
agreement with nations within the region and which incorporates
the terms and conditions specified in section 1;
(2) the Department of Defense should use readily available
existing funds to bring all United States troops and necessary
equipment home while a political settlement is being negotiated
and preparations are made for a transition to an international
security and peacekeeping force;
(3) the Department of Defense should order a simultaneous
return of all United States contractors and subcontractors and
turn over all contracting work to the Iraqi Government;
(4) the United Nations should be encouraged to prepare an
international security and peacekeeping force to be deployed to
Iraq, replacing United States troops who then return home;
(5) the United States should provide funding for a United
Nations peacekeeping mission, in which 50 percent of the
peacekeeping troops should come from nations with large Muslim
populations;
(6) the international security force, under United Nations
direction, should remain in place until the Iraqi Government is
capable of handling its own security;
(7) the Iraqi Government, with assistance from the United
Nations, should immediately restart the failed reconstruction
program in Iraq and rebuild roads, bridges, schools, hospitals,
and other public facilities, houses, and factories with jobs
and job training going to local Iraqis;
(8) the Iraqi Government, in an act of political
sovereignty, should set aside initiatives to privatize Iraqi
oil interests or other national assets and abandon all efforts,
whether at the behest of the United States or otherwise, to
change Iraqi national law to facilitate privatization;
(9) the Iraq Government, in an act of political
sovereignty, should set forth a plan to stabilize Iraq's cost
for food and energy, on par to what the prices were before the
United States invasion and occupation;
(10) the Iraqi Government, in an act of political
sovereignty, should strive for economic sovereignty for Iraq by
working with the world community to restore Iraq's fiscal
integrity without structural readjustment measures of the
International Monetary Funds or the World Bank;
(11) the United States should initiate a reparations
program for the loss of Iraqi lives, physical and emotional
injuries, and damage to property, which should include an
effort to rescue the tens of thousands of Iraqi orphans from
lives of destitution; and
(12) the United States should refrain from any covert
operations in Iraq and any attempts to destabilize the Iraqi
Government.
SEC. 3. DISENGAGEMENT OF UNITED STATES ARMED FORCES FROM IRAQ.
(a) Withdrawal of Armed Forces.--Not later than the end of the 3-
month period beginning on the date of the enactment of this Act, all
United States Armed Forces serving in Iraq shall be completely
withdrawn from Iraq and returned to the United States or redeployed
outside of the Middle East.
(b) Prohibition on Use of Funds To Continue Deployment of Armed
Forces in Iraq.--
(1) Prohibition.--Funds appropriated or otherwise made
available under any provision of law may not be obligated or
expended to deploy or continue to deploy members or units of
the United States Armed Forces to Iraq as part of Operation
Iraqi Freedom.
(2) Exceptions.--Paragraph (1) does not apply to the use of
funds--
(A) to provide for the safe and orderly withdrawal
of the Armed Forces from Iraq pursuant to subsection
(a);
(B) to ensure the security of Iraq by carrying out
consultations with the Government of Iraq, other
foreign governments, the United Nations, and other
international organizations; or
(C) to ensure the security of Iraq by funding the
United Nations-led peacekeeping mission.
(c) Armed Forces Defined.--In this section, the term ``Armed
Forces'' has the meaning given the term in section 101(a)(4) of title
10, United States Code. | Requires that all U.S. Armed Forces be completely withdrawn from Iraq and returned to the United States or redeployed outside of the Middle East within three months of enactment of this Act.
Prohibits fund use under any provision of law to deploy or continue to deploy members or units of the U.S. Armed Forces to Iraq as part of Operation Iraqi Freedom. Exempts from such prohibition fund use to: (1) provide for the Armed Forces' safe and orderly withdrawal from Iraq; (2) ensure the security of Iraq by carrying out consultations with the government of Iraq, other foreign governments, the United Nations, and other international organizations; or (3) ensure the security of Iraq by funding the U.N.-led peacekeeping mission. | {"src": "billsum_train", "title": "To end the United States occupation of Iraq immediately."} | 1,538 | 167 | 0.466872 | 1.397793 | 0.682141 | 5.470588 | 11.110294 | 0.926471 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mexican Gray Wolf Recovery Plan
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Director.--The term ``Director'' means the Director of
the United States Fish and Wildlife Service.
(2) Mexican gray wolf.--The term ``Mexican gray wolf''
means the subspecies classified as the Mexican gray wolf (Canis
lupus baileyi) of the species gray wolf (Canis lupus) (as of
the date of enactment of this Act).
(3) Prey.--The term ``prey'' means wild ungulates and other
wild animals.
SEC. 3. RECOVERY PLAN FOR MEXICAN GRAY WOLVES.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Director shall publish a revised recovery
plan for the Mexican gray wolf populations in the States of Arizona and
New Mexico.
(b) Contents.--The recovery plan described in subsection (a) shall
include--
(1) the requirements described in section 4(f)(1)(B) of the
Endangered Species Act (16 U.S.C. 1533(f)(1)(B)), unless
otherwise provided in this subsection;
(2) an assertion that State and individual interests and
cooperation are crucial components to the recovery of the
Mexican gray wolf;
(3) the input of State entities and individuals,
including--
(A) State wildlife authorities;
(B) livestock producers;
(C) ranchers;
(D) managers or owners of--
(i) natural resources; or
(ii) private land;
(E) recreation interests;
(F) affected county governments; and
(G) other interested State parties;
(4) recovery goals for the Mexican gray wolf in the States
of Arizona and New Mexico, as determined by the agreements
between the Director, the States of Arizona and New Mexico, and
State interests, that--
(A) comply with section 4(f)(1)(B)(ii) of the
Endangered Species Act (16 U.S.C. 1533(f)(1)(B)(ii));
and
(B) include an enforceable maximum population of
the Mexican gray wolf that--
(i) ensures that--
(I) the population of Mexican gray
wolves in the States of Arizona and New
Mexico does not reach an unsustainable
level; and
(II) the range of Mexican gray
wolves in the States of Arizona and New
Mexico is acceptable to a majority of
the State entities and individuals
described in paragraph (3); and
(ii) is not more than a number of Mexican
gray wolves that is agreed on by, and
acceptable to, the State entities and
individuals described in paragraph (3) in
accordance with paragraphs (5) and (6);
(5) the decrease of wild ungulate species in the States of
Arizona and New Mexico due to the Mexican gray wolf, as
determined to be acceptable to the State entities and
individuals described in paragraph (3);
(6) a description of the acceptable and unacceptable
impacts on--
(A) wild game;
(B) livestock; and
(C) recreation in the States of Arizona and New
Mexico due to--
(i) the Mexican gray wolf population; and
(ii) the management of the Mexican gray
wolf;
(7) a range for the Mexican gray wolf during and after
recovery that--
(A) ensures a suitable habitat and prey base;
(B) does not allow the Mexican gray wolf to
disperse north of Interstate 40 in the States of
Arizona and New Mexico; and
(C) focuses on areas that can support a robust wild
ungulate population;
(8) a description of the efforts that the Director will
make to share with Mexico all Federal and State knowledge,
history, and expertise relating to Mexican gray wolf recovery
efforts to ensure that any recovery effort by Mexico is
successful; and
(9) a statement by the Director that, if the Director does
not comply with subsection (a), as determined by the State
wildlife authority of the State of Arizona or New Mexico, the
Director will allow the State wildlife authority to submit a
proposal to assume or supplement the management of the Mexican
gray wolf in the relevant State.
(c) Management by the State.--
(1) Noncompliance by the director.--
(A) In general.--If the Director does not comply
with subsection (a), the State wildlife authority of
the State of Arizona or New Mexico may make a
determination of noncompliance.
(B) Proposal.--Not later than 90 days after the
date on which the State wildlife authority of the State
of Arizona or New Mexico makes a determination under
subparagraph (A), the State wildlife authority of each
State in which the Mexican gray wolf is present may
submit to the Director a proposal to assume or
supplement the management of the Mexican gray wolf.
(C) Approval of proposal.--On the date on which the
Director receives from a State wildlife authority a
proposal referred to in subparagraph (B), the Director
shall approve the proposal.
(2) Management by state wildlife authority.--Not later than
90 days after the date on which the Director approves a
proposal under paragraph (1)(C), the Director shall allow the
State wildlife authority to assume or supplement the management
of the Mexican gray wolf in the relevant State.
(3) Agreements.--If a State wildlife authority assumes or
supplements the management of the Mexican gray wolf under
paragraph (2), the State wildlife authority shall manage the
Mexican gray wolf in accordance with the agreement between the
State and the Director that--
(A) was made in the development of the recovery
plan described in subsection (a); and
(B) included in the recovery plan under subsection
(b).
(4) Eligibility for funding.--In the case of the management
of the Mexican gray wolf by a State wildlife authority under
paragraph (2), the State wildlife authority shall be eligible
to apply for funding from--
(A) the cooperative endangered species conservation
fund established under section 6 of the Endangered
Species Act of 1973 (16 U.S.C. 1535);
(B) the State and tribal wildlife conservation
grant program established under title I of division A
of Public Law 111-88 (123 Stat. 2909); and
(C) the Federal aid to wildlife restoration fund
established under section 3(a)(1) of the Pittman-
Robertson Wildlife Restoration Act (16 U.S.C.
669b(a)(1)).
SEC. 4. EXCEEDANCE OF POPULATION.
(a) In General.--In the case of an exceedance of the acceptable and
enforceable maximum population of Mexican gray wolves referred to in
section 3(b)(4)(B), the Director shall use a scientifically sound
method to reduce the population of the Mexican gray wolf, including the
removal of the appropriate number of Mexican gray wolves from the State
of Arizona or New Mexico and relocation of those Mexican gray wolves
within the range referred to in section 3(b)(7).
(b) Wild Ungulate Herds.--In the case of a decline of a wild
ungulate herd by more than the decrease referred to in section 3(b)(5),
the Director shall carry out a management action for the Mexican gray
wolf, including the removal of an appropriate number of Mexican gray
wolves from the area in which the wild ungulate herd is located for
relocation within the range referred to in section 3(b)(7).
SEC. 5. DELISTING OF MEXICAN GRAY WOLVES.
(a) In General.--Effective beginning on the date on which the
Director determines that the population goal for the Mexican gray wolf
referred to in section 3(b)(4) has been reached--
(1) the Mexican gray wolf shall no longer be included on
any list of endangered species, threatened species, or
experimental populations under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.); and
(2) management of the Mexican gray wolf shall be assumed by
each State in which the Mexican gray wolf is present.
(b) No Judicial Review.--The determination by the Director to
remove the Mexican gray wolf from any list of endangered species,
threatened species, or experimental populations under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.), shall not be subject to
judicial review.
(c) State Determination.--Before the date on which the Director
delists the Mexican gray wolf under subsection (a), subject to sections
3 and 4, each State in which the Mexican gray wolf is present shall
determine a number of Mexican gray wolves below which, or other
specific criteria by which, the Director may make a determination to
include the Mexican gray wolf on a list of endangered species,
threatened species, or experimental populations under section 4 of the
Endangered Species Act of 1973 (16 U.S.C. 1533).
(d) Monitoring.--The Director shall carry out monitoring activities
under section 4(g) of the Endangered Species Act of 1973 (16 U.S.C.
1533(g)) to determine the number of Mexican gray wolves in the States
of Arizona and New Mexico.
(e) No Further Listing.--
(1) In general.--Subject to subsection (c) and paragraph
(2), after the date on which the Director has delisted the
Mexican gray wolf under subsection (a), the Director shall not
make any determination that results in the inclusion of the
Mexican gray wolf on any list of endangered species, threatened
species, or experimental populations under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.).
(2) Exception.--Notwithstanding paragraph (1) and subject
to subsection (c), the Director may include the Mexican gray
wolf on a list of endangered species, threatened species, or
experimental populations under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.), if the population numbers,
impacts, and range described in the recovery plan described in
section 3(a) are not maintained.
(f) No Further Recovery Plans.--After the date on which the
Director publishes the recovery plan described in section 3(a), the
Director shall not publish any recovery plan for the Mexican gray wolf,
unless the Director makes a determination described in subsection (c)
or (e)(2).
SEC. 6. RECLASSIFICATION OF MEXICAN GRAY WOLF.
This Act shall apply to the Mexican gray wolf notwithstanding any
reclassification of the Mexican gray wolf as a subspecies, a distinct
population segment, or a species other than the subspecies classified
as the Mexican gray wolf (Canis lupus baileyi) of the species gray wolf
(Canis lupus) (as of the date of enactment of this Act). | Mexican Gray Wolf Recovery Plan Act of 2016 This bill: requires the U.S. Fish and Wildlife Service (USFWS) to publish a revised recovery plan for the Mexican gray wolf populations in Arizona and New Mexico; outlines what must be contained in the plan, including input from states and individuals, a maximum population of the wolf, and a specified range for the wolf; establishes a process for the state wildlife authority of Arizona or New Mexico to assume or supplant the USFWS' authority to manage such wolf in the relevant states if certain conditions are met; requires USFWS to reduce the population of such wolf within the specified range when the wolf's population exceeds the maximum population; and sets forth requirements for removing such wolf from the list of endangered species, threatened species, or experimental populations under the Endangered Species Act of 1973 if the population recovery goal outlined in the plan is met. | {"src": "billsum_train", "title": "Mexican Gray Wolf Recovery Plan Act"} | 2,425 | 204 | 0.603577 | 1.563254 | 0.767577 | 2.867052 | 12.439306 | 0.786127 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Spokane Tribe of Indians of the
Spokane Reservation Grand Coulee Dam Equitable Compensation Settlement
Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) From 1927 to 1931, at the direction of Congress, the
Corps of Engineers investigated the Columbia River and its
tributaries to determine sites where power could be produced at
low cost.
(2) The Corps of Engineers listed a number of sites,
including the site where the Grand Coulee Dam is now located,
with recommendations that the power development be performed by
local governmental authorities or private utilities under the
Federal Power Act.
(3) Under section 10(e) of the Federal Power Act, licensees
must pay Indian tribes for the use of reservation lands.
(4) The Columbia Basin Commission, an agency of the State
of Washington, applied for, and in August 1933 received, a
preliminary permit from the Federal Power Commission for water
power development of the Grand Coulee Site.
(5) In the mid-1930's, the Federal Government, which is not
subject to the Federal Power Act, federalized the Grand Coulee
Dam project and began construction of the Grand Coulee Dam.
(6) At the time the Grand Coulee Dam project was
federalized, the Federal Government knew and recognized that
the Spokane Tribe and the Confederated Tribes of the Colville
Reservation had compensable interests in the Grand Coulee Dam
project, including but not limited to development of
hydropower, extinguishment of a salmon fishery upon which the
Spokane Tribe was almost totally dependent, and inundation of
lands with loss of potential power sites previously identified
by the Spokane Tribe.
(7) In an Act dated June 29, 1940 (54 Stat. 703; 16 U.S.C.
835d), Congress enacted legislation to grant to the United
States all the rights of the Indians in lands of the Spokane
Tribe and Colville Indian Reservations required for the Grand
Coulee Dam project and various rights-of-way over Indian lands
required in connection with the project. The Act provided that
compensation for the lands and rights-of-way required shall be
determined by the Secretary of the Interior in such amounts as
such Secretary determines just and equitable.
(8) In furtherance of the Act of June 29, 1940, the
Secretary of the Interior paid to the Spokane Tribe the total
sum of $4,700. The Confederated Tribes of the Colville
Reservation received a payment of $63,000.
(9) In 1994, following 43 years of litigation before the
Indian Claims Commission, the United States Court of Federal
Claims and the United States Court of Appeals for the Federal
Circuit, Congress ratified an agreement between the
Confederated Tribes of the Colville Reservation and the United
States that provided for past damages and annual payments of
$15,250,000 in perpetuity, adjusted annually, based on revenues
for the sale of electric power and transmission of such power
by the Bonneville Power Administration.
(10) In legal opinions issued throughout the years by the
Department of the Interior Solicitor's Office, a Task Force
Study conducted from 1976 to 1980 ordered by the Senate
Appropriations Committee, and in hearings before the Congress
when the Confederated Tribes Act was enacted, it has repeatedly
been recognized that the Spokane Tribe suffered similar damages
and had a case legally comparable with that of the Confederated
Tribes of the Colville Reservation with the sole exception that
the 5-year statute of limitations provided in the Indian Claims
Commission Act of 1946 prevented the Spokane Tribe from
bringing its own action for fair and honorable dealings as
provided in that Act.
(11) The failure of the Spokane Tribe to bring an action of
its own before the Indian Claims Commission can be attributed
to a combination of factors, including the failure of the
Bureau of Indian Affairs to carry out its advisory
responsibilities as required by the Indian Claims commission
Act (Act of August 13, 1946, ch. 959, 60 Stat. 1050), and an
effort of the Commissioner of Indian Affairs to impose improper
requirements on claims attorneys retained by Indian tribes
which caused delays in retention of counsel and full
investigation of the Spokane Tribe's potential claims.
(12) As a consequence of construction of the Grand Coulee
Dam project, the Spokane Tribe has suffered the complete loss
of the salmon fishery upon which it was dependent, the loss of
identified hydropower sites it could have developed, the loss
of hydropower revenues it would have received under the Federal
Power Act had the project not been federalized, and it
continues to lose hydropower revenues which the Federal
Government recognized the Spokane Tribe was due at the time the
project was constructed.
(13) Over 39 percent of the Indian-owned lands used for the
Grand Coulee Dam project were Spokane Tribe lands.
SEC. 3. STATEMENT OF PURPOSE.
The purpose of this Act is to provide fair and equitable
compensation to the Spokane Tribe on a basis that is proportionate to
the compensation provided to the Confederated Tribes of the Colville
Reservation for the damages and losses suffered as a consequence of
construction and operation of the Grand Coulee Dam project.
SEC. 4. SETTLEMENT FUND ACCOUNT.
(a) Establishment of Account.--There is hereby established in the
Treasury an interest bearing account to be known as the ``Spokane Tribe
of Indians Settlement Fund Account''.
(b) Deposit of Amounts.--
(1) Initial deposit.--Upon enactment of this Act and
appropriation of funds, the Secretary of the Treasury shall
deposit into the Fund Account a sum equal to 39.4 percent of
the sum paid to the Confederated Tribes of the Colville
Reservation in a lump sum pursuant to section 5(a) of the
Confederated Tribes Act, adjusted by the consumer price index
from the date of that payment to the Confederated Tribes until the date
of enactment of this Act, as payment and satisfaction of the Spokane
Tribe's claim for use of its lands for generation of hydropower for the
period from 1940 through November 2, 1994, the date of the enactment of
the Confederated Tribes Act.
(2) Subsequent deposits.--Commencing on September 30 of the
first fiscal year following enactment of this Act and on
September 30 of each of the 5 fiscal years following such
fiscal year, the Administrator of the Bonneville Power
Administration shall pay into the Fund Account a sum equal to
20 percent of 39.4 percent of the sum authorized to be paid to
the Confederated Tribes of the Colville Reservation pursuant to
section 5(b) of the Confederated Tribes Act through the end of
the fiscal year during which this Act is enacted, adjusted by
the consumer price index to maintain the purchasing power the
Spokane Tribe would have had if annual payments had been made
to the Spokane Tribe on the date annual payments commenced and
were subsequently made to the Confederated Tribes of the
Colville Reservation pursuant to section 5(b) of the
Confederated Tribes Act.
(c) Annual Payments.--On September 1 of the fiscal year following
the enactment of this Act and of each fiscal year thereafter, payments
shall be made by the Bonneville Power Administration, or any successor
thereto, directly to the Spokane Tribe in an amount which is equal to
39.4 percent of the annual payment authorized to be paid to the
Confederated Tribes of the Colville Reservation in the operative and
each subsequent fiscal year pursuant to section 5(b) of the
Confederated Tribes Act.
SEC. 5. USE AND TREATMENT OF SETTLEMENT FUNDS.
(a) Transfer of Funds to Tribe.--The Secretary of the Treasury
shall transfer all or any portion of the settlement funds described in
section 4(a) to the Spokane Business Council not later than 60 days
after such Secretary receives written notice of the adoption by the
Spokane Business Council of a resolution requesting that such Secretary
execute the transfer of such funds. Subsequent requests may be made and
funds transferred if not all of the funds are requested at one time.
(b) Use of Initial Payment Funds.--
(1) General discretionary funds.--Twenty-five percent of
the settlement funds described in section 4(a) and (b) shall be
reserved by the Business Council and used for discretionary
purposes of general benefit to all members of the Spokane
Tribe.
(2) Funds for specific purposes.--Seventy-five percent of
the settlement funds described in section 4(a) and (b) shall be
used for the following:
(A) Resource development program.
(B) Credit program.
(C) Scholarship program.
(D) Reserve, investment, and economic development
programs.
(c) Use of Annual Payment Funds.--Annual payments made to the
Spokane Tribe pursuant to section 4(c) may be used or invested by the
Spokane Tribe in the same manner as other tribal governmental funds.
(d) Approval of Secretary Not Required.--Notwithstanding any other
provision of law, the approval of the Secretary of the Treasury or the
Secretary of the Interior for any payment, distribution, or use of the
principal, interest, or income generated by any settlement funds
transferred or paid to the Spokane Tribe pursuant to this Act shall not
be required and such Secretaries shall have no trust responsibility for
the investment, supervision, administration, or expenditure of such
funds once such funds are transferred to or paid directly to the
Spokane Tribe.
(e) Treatment of Funds for Certain Purposes.--The payments or
distributions of any portion of the principal, interest, and income
generated by the settlement funds described in section 4 shall be
treated in the same manner as payments or distributions from the
Investment Fund described in section 6 of Public Law 99-346 (100 Stat.
677).
(f) Tribal Audit.--The settlement funds described in section 4,
once transferred or paid to the Spokane Tribe, shall be considered
Spokane Tribe governmental funds and, as other tribal governmental
funds, be subject to an annual tribal governmental audit.
SEC. 6. REPAYMENT CREDIT.
Beginning in the fiscal year following enactment of this Act and
continuing for so long as annual payments are made under this Act, the
Administrator of the Bonneville Power Administration shall deduct from
the interest payable to the Secretary of the Treasury from net proceeds
as defined in section 13 of the Federal Columbia River Transmission
System Act, a percentage of the payment made to the Spokane Tribe for
the prior fiscal year. The actual percentage of such deduction shall be
calculated and adjusted to ensure that the Bonneville Power
Administration receives a deduction comparable to that which it
receives for payments made to the Confederated Tribes of the Colville
Reservation pursuant to the Confederated Tribes Act. Each deduction
made under this section shall be credited to the interest payments
otherwise payable by the Administrator to the Secretary of the Treasury
during the fiscal year in which the deduction is made, and shall be
allocated pro rata to all interest payments on debt associated with the
generation function of the Federal Columbia River Power System that are
due during that fiscal year; except that, if the deduction in any
fiscal year is greater than the interest due on debt associated with
the generation function for the fiscal year, then the amount of the
deduction that exceeds the interest due on debt associated with the
general function shall be allocated pro rata to all other interest
payments due during that fiscal year. To the extent that the deduction
exceeds the total amount of any such interest, the deduction shall be
applied as a credit against any other payments that the Administrator
makes to the Secretary of the Treasury.
SEC. 7. SATISFACTION OF CLAIMS.
Payment under section 4 shall constitute full payment and
satisfaction of the Spokane Tribe's claim to a fair share of the annual
hydropower revenues generated by the Grand Coulee Dam project from 1940
through the fiscal year prior to the fiscal year during which this Act
is enacted and represents the Spokane Tribe's proportional entitlement
of hydropower revenues based on the lump sum payment for damages from
1940 through 1994 and the annual payments by the Bonneville Power
Administration to the Colville Tribes commencing in fiscal year 1995
through the fiscal year that this Act is enacted.
SEC. 8. DEFINITIONS.
For the purposes of this Act--
(1) the term ``Confederated Tribes Act'' means the
Confederated Tribes of the Colville Reservation Grand Coulee
Dam Settlement Act (P.L. 103-436; 108 Stat. 4577);
(2) the term ``Fund Account'' means the Spokane Tribe of
Indians Settlement Fund Account established under section 4(a);
and
(3) the term ``Spokane Tribe'' means the Spokane Tribe of
Indians of the Spokane Reservation.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out the purposes of this Act. | Directs the Secretary of the Treasury (Secretary) to deposit into the Account a sum equal to 39.4 percent of the lump sum paid to the Confederated Tribes of the Colville Reservation, pursuant to the Confederated Tribes Act, adjusted for inflation, as payment and satisfaction of the Spokane Tribe's claim for use of its lands for generation of hydropower from 1940 through November 2, 1994, the enactment date of such Act.
Requires the Administrator of the Bonneville Power Administration, on September 30 of the next six fiscal years, to pay into the Fund deposits equal to 20 percent of 39.4 of the sum authorized to be paid to the Confederated Tribes through the end of the fiscal year during which this Act is enacted, adjusted for inflation, to maintain the purchasing power the Spokane Tribe would have had if annual payments had been made to it on the date annual payments commenced and were subsequently made to the Confederated Tribes under such Act.
Requires, on September 1 of each fiscal year, annual payments to be made by the Power Administration directly to the Spokane Tribe in an amount that is equal to 39.4 percent of the annual payment authorized to be paid to the Confederated Tribes under such Act.
Requires the Secretary to transfer settlement funds to the Spokane Business Council within 60 days after receiving written notice of adoption of a resolution by the Council requesting the transfer. Requires that: (1) 25 percent of such funds be reserved by the Council and used for general discretionary purposes of general benefit to all members of the Spokane Tribe; and (2) 75 percent of such funds be used for the resource development program, credit program, scholarship program, and reserve, investment, and economic development programs.
Declares that the approval of the Secretary or the Secretary of the Interior for any payment, distribution, or use of the funds transferred or paid to the Spokane Tribe shall not be required and such Secretaries shall have no trust responsibility for the investment, supervision, administration, or expenditure of such funds.
Requires that: (1) the Administrator deduct from the interest payable to the Secretary from net proceeds (as defined in the Federal Columbia River Transmission system Act) each year a specified percentage of the payment made to the Tribe for the prior fiscal year; and (2) each deduction be credited to the interest payments otherwise payable by the Administrator to the Secretary during the fiscal year and allocated pro rata to all interest payments on debt associated with the generation function of the Federal Columbia River Power System that are due during that fiscal year.
Provides that payments made under this Act shall constitute full payment and satisfaction of the Spokane Tribe's claim to a fair share of the annual hydropower revenues generated by the Grand Coulee Dam project from 1940 through the fiscal year prior to the fiscal year during which this Act is enacted and represents the Tribe's proportional entitlement of hydropower revenues based on the lump sum payment for damages from 1940 through 1994 and the annual payments by the Power Administration to the Confederated Tribes.
Authorizes appropriations. | {"src": "billsum_train", "title": "Spokane Tribe of Indians of the Spokane Reservation Grand Coulee Dam Equitable Compensation Settlement Act"} | 2,902 | 677 | 0.530581 | 1.912671 | 0.58097 | 6.2038 | 4.447323 | 0.967185 |
SECTION 1. IMMIGRATION PROVISIONS.
(a) Nonimmigrant Aliens Ineligible To Receive Visas and Excluded
From Admission for Nonpayment of Child Support.--
(1) In general.--Section 212(a)(10) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(10)) is amended by adding at
the end the following:
``(F) Nonpayment of child support.--
``(i) In general.--Any nonimmigrant alien
is inadmissible who is legally obligated under
a judgment, decree, or order to pay child
support (as defined in section 459(i) of the
Social Security Act), and whose failure to pay
such child support has resulted in an arrearage
exceeding $2,500, until child support payments
under the judgment, decree, or order are
satisfied or the nonimmigrant alien is in
compliance with an approved payment agreement.
``(ii) Waiver authorized.--The Attorney
General may waive the application of clause (i)
in the case of an alien, if the Attorney
General--
``(I) has received a request for
the waiver from the court or
administrative agency having
jurisdiction over the judgment, decree,
or order obligating the alien to pay
child support that is referred to in
such clause; or
``(II) determines that there are
prevailing humanitarian or public
interest concerns.''.
(2) Effective date.--The amendment made by this subsection
shall take effect 180 days after the date of the enactment of
this Act.
(b) Authorization To Serve Legal Process in Child Support Cases on
Certain Arriving Aliens.--
(1) In general.--Section 235(d) of the Immigration and
Nationality Act (8 U.S.C. 1225(d)) is amended by adding at the
end the following:
``(5) Authority to serve process in child support cases.--
``(A) In general.--To the extent consistent with
State law, immigration officers are authorized to serve
on any alien who is an applicant for admission to the
United States legal process with respect to any action
to enforce or establish a legal obligation of an
individual to pay child support (as defined in section
459(i) of the Social Security Act).
``(B) Definition.--For purposes of subparagraph
(A), the term `legal process' means any writ, order,
summons or other similar process, which is issued by--
``(i) a court or an administrative agency
of competent jurisdiction in any State,
territory, or possession of the United States;
or
``(ii) an authorized official pursuant to
an order of such a court or agency or pursuant
to State or local law.''.
(2) Effective date.--The amendment made by this subsection
shall apply to aliens applying for admission to the United
States on or after 180 days after the date of the enactment of
this Act.
(c) Authorization To Share Child Support Enforcement Information To
Enforce Immigration and Naturalization Law.--
(1) Secretarial responsibility.--Section 452 of the Social
Security Act (42 U.S.C. 652) is amended by adding at the end
the following:
``(m) If the Secretary receives a certification by a State agency,
in accordance with section 454(34), that an individual who is a
nonimmigrant alien (as defined in section 101(a)(15) of the Immigration
and Nationality Act) owes arrearages of child support in an amount
exceeding $2,500, the Secretary may, at the request of the State
agency, the Secretary of State, or the Attorney General, or on the
Secretary's own initiative, provide such certification to the Secretary
of State and the Attorney General information in order to enable them
to carry out their responsibilities under sections 212(a)(10) and
235(d) of such Act.''.
(2) State agency responsibility.--Section 454 of the Social
Security Act (42 U.S.C. 654) is amended--
(A) by striking ``and'' at the end of paragraph
(32);
(B) by striking the period at the end of paragraph
(33) and inserting ``; and''; and
(C) by inserting after paragraph (33) the
following:
``(34) provide that the State agency will have in effect a
procedure for certifying to the Secretary, in such format and
accompanied by such supporting documentation as the Secretary
may require, determinations that nonimmigrant aliens owe
arrearages of child support in an amount exceeding $2,500.''.
(3) Effective date.--
(A) In general.--The amendments made by this
subsection shall take effect on October 1, 2004, and,
except as provided in subparagraph (B) of this
paragraph, the amendments made by paragraph (2) shall
apply to payments under part D of title IV of the
Social Security Act for calendar quarters beginning on
or after such date.
(B) Delay permitted if state legislation
required.--In the case of a State plan approved under
section 454 of the Social Security Act which the
Secretary of Health and Human Services determines
requires State legislation (other than legislation
appropriating funds) in order for the plan to meet the
additional requirement imposed by the amendments made
by paragraph (2) of this subsection, the State plan
shall not be regarded as failing to comply with the
requirements of such section 454 solely on the basis of
the failure of the plan to meet such additional
requirement 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
preceding 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. | Amends the Immigration and Nationality Act to make nonpayment of child support (in excess of $2,500 in arrearage) a grounds for excluding an alien from United States entry.Authorizes under specified circumstances: (1) immigration officers to serve process in child support cases on an arriving alien; and (2) the Secretary of Health and Human Services to share immigration-related child support enforcement information with the Secretary of State or the Attorney General. | {"src": "billsum_train", "title": "To prevent nonimmigrant aliens who are delinquent in child support payments from gaining entry into the United States."} | 1,316 | 92 | 0.566613 | 1.395278 | 0.972729 | 2.357143 | 13.940476 | 0.880952 |
SECTION 1. INCENTIVES FOR BIODIESEL.
(a) Credit for Biodiesel Used as a Fuel.--Subpart D of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
(relating to business related credits) is amended by inserting after
section 40 the following new section:
``SEC. 40A. BIODIESEL USED AS FUEL.
``(a) General Rule.--For purposes of section 38, the biodiesel
fuels credit determined under this section for the taxable year is an
amount equal to the biodiesel mixture credit.
``(b) Definition of Biodiesel Mixture Credit.--For purposes of this
section--
``(1) Biodiesel mixture credit.--
``(A) In general.--The biodiesel mixture credit of
any taxpayer for any taxable year is the sum of the
products of the biodiesel mixture rate for each
qualified biodiesel mixture and the number of gallons
of such mixture of the taxpayer for the taxable year.
``(B) Biodiesel mixture rate.--For purposes of
subparagraph (A), the biodiesel mixture rate for each
qualified biodiesel mixture shall be--
``(i) in the case of a mixture with only
biodiesel V, 1 cent for each whole percentage
point (not exceeding 10 percentage points) of
biodiesel V in such mixture, and
``(ii) in the case of a mixture with
biodiesel NV, or a combination of biodiesel V
and biodiesel NV, 0.5 cent for each whole
percentage point (not exceeding 10 percentage
points) of such biodiesel in such mixture.
``(2) Qualified biodiesel mixture.--
``(A) In general.--The term `qualified biodiesel
mixture' means a mixture of diesel and biodiesel V or
biodiesel NV which--
``(i) is sold by the taxpayer producing
such mixture to any person for use as a fuel,
or
``(ii) is used as a fuel by the taxpayer
producing such mixture.
``(B) Sale or use must be in trade or business, in
off-highway use, etc.--
``(i) In general.--Biodiesel V or biodiesel
NV used in the production of a qualified
biodiesel mixture shall be taken into account--
``(I) only if the sale or use
described in subparagraph (A) is in a
trade or business of the taxpayer,
``(II) for the taxable year in
which such sale or use occurs, and
``(III) only if the sale or use
described in subparagraph (A) is
ultimately for use in a vehicle which
at the time of use will not be
registered and is not required to be
registered for highway use under the
laws of any State or foreign country.
``(ii) Certification for biodiesel v.--
Biodiesel V used in the production of a
qualified biodiesel mixture shall be taken into
account only if the taxpayer described in
subparagraph (A) obtains a certification from
the producer of the biodiesel V which
identifies the product produced.
``(C) Casual off-farm production not eligible.--No
credit shall be allowed under this section with respect
to any casual off-farm production of a qualified
biodiesel mixture.
``(c) Definitions and Special Rules.--For purposes of this
section--
``(1) Biodiesel v defined.--The term `biodiesel V' means
the monoalkyl esters of long chain fatty acids derived solely
from virgin vegetable oils for use in compressional-ignition
(diesel) engines. Such term shall include esters derived from
vegetable oils from corn, soybeans, sunflower seeds,
cottonseeds, canola, crambe, rapeseeds, safflowers, flaxseeds,
rice bran, and mustard seeds.
``(2) Biodiesel nv defined.--The term `biodiesel nv' means
the monoalkyl esters of long chain fatty acids derived from
nonvirgin vegetable oils or animal fats for use in
compressional-ignition (diesel) engines.
``(3) Registration requirements.--The terms `biodiesel V'
and `biodiesel NV' shall only include a biodiesel which meets--
``(A) the registration requirements for
fuels and fuel additives established by the
Environmental Protection Agency under section
211 of the Clean Air Act (42 U.S.C. 7545), and
``(B) the requirements of the American
Society of Testing and Materials D6751.
``(4) Biodiesel mixture not used as a fuel, etc.--
``(A) Imposition of tax.--If--
``(i) any credit was determined under this
section with respect to biodiesel V or
biodiesel NV used in the production of any
qualified biodiesel mixture, and
``(ii) any person--
``(I) separates such biodiesel from
the mixture, or
``(II) without separation, uses the
mixture other than as a fuel,
then there is hereby imposed on such person a
tax equal to the product of the biodiesel
mixture rate applicable under subsection
(b)(1)(B) and the number of gallons of the
mixture.
``(B) Applicable laws.--All provisions of law,
including penalties, shall, insofar as applicable and
not inconsistent with this section, apply in respect of
any tax imposed under subparagraph (A) as if such tax
were imposed by section 4081 and not by this chapter.
``(5) Pass-thru in the case of estates and trusts.--Under
regulations prescribed by the Secretary, rules similar to the
rules of subsection (d) of section 52 shall apply.
``(d) Election To Have Biodiesel Fuels Credit Not Apply.--
``(1) In general.--A taxpayer may elect to have this
section not apply for any taxable year.
``(2) Time for making election.--An election under
paragraph (1) for any taxable year may be made (or revoked) at
any time before the expiration of the 3-year period beginning
on the last date prescribed by law for filing the return for
such taxable year (determined without regard to extensions).
``(3) Manner of making election.--An election under
paragraph (1) (or revocation thereof) shall be made in such
manner as the Secretary may by regulations prescribe.''.
(b) Credit Treated as Part of General Business Credit.--Section
38(b) of such Code is amended by striking ``plus'' at the end of
paragraph (14), by striking the period at the end of paragraph (15) and
inserting ``, plus'', and by adding at the end the following new
paragraph:
``(16) the biodiesel fuels credit determined under section
40A(a).''.
(c) Conforming Amendments.--
(1) Section 39(d) of such Code is amended by adding at the
end the following new paragraph:
``(11) No carryback of biodiesel fuels credit before
january 1, 2004.--No portion of the unused business credit for
any taxable year which is attributable to the biodiesel fuels
credit determined under section 40A may be carried back to a
taxable year beginning before January 1, 2004.''.
(2) Section 196(c) of such Code is amended by striking
``and'' at the end of paragraph (9), by striking the period at
the end of paragraph (10), and by adding at the end the
following new paragraph:
``(11) the biodiesel fuels credit determined under section
40A(a).''.
(3) Section 6501(m) of such Code is amended by inserting
``40A(e),'' after ``40(f),''.
(4) The table of sections for subpart D of part IV of
subchapter A of chapter 1 of such Code is amended by adding
after the item relating to section 40 the following new item:
``Sec. 40A. Biodiesel used as fuel.''.
(d) Effective Date.--The amendments made by this subsection shall
apply to taxable years beginning after December 31, 2003. | Amends the Internal Revenue Code to allow a business tax credit for the production and use of biodiesel fuel. Specifies the required mixture rate for biodiesel fuel eligible for the credit. Requires, for purposes of the credit: (1) certification from the producer identifying the product; (2) sale of the fuel for use in a trade or business; and (3) sale of the fuel for use in a vehicle that is not registered for highway use. Imposes a tax for biodiesel mixture which is not used as fuel, but for which a credit was taken. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide tax incentives to encourage the use of biodiesel as fuel."} | 1,933 | 128 | 0.648071 | 1.487641 | 0.579398 | 2.055046 | 14.770642 | 0.899083 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Llagas Reclamation Groundwater
Remediation Initiative''.
SEC. 2. DEFINITIONS.
For the purposes of this Act:
(1) Groundwater remediation.--The term ``groundwater
remediation'' means actions that are necessary to prevent,
minimize, or mitigate damage to groundwater.
(2) Local water authority.--The term ``local water
authority'' means the Santa Clara Valley Water District.
(3) Remediation fund.--The term ``Remediation Fund'' means
the California Basins Groundwater Remediation Fund established
pursuant to section 3(a).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. CALIFORNIA BASINS REMEDIATION.
(a) California Basins Remediation.--
(1) Establishment of remediation fund.--There shall be
established within the Treasury of the United States an
interest bearing account to be known as the California Basins
Groundwater Remediation Fund.
(2) Administration of remediation fund.--The Remediation
Fund shall be administered by the Secretary of the Interior,
acting through the Bureau of Reclamation. The Secretary shall
administer the Remediation Fund in cooperation with the local
water authority.
(3) Purposes of remediation fund.--
(A) In general.--Subject to subparagraph (B), the
amounts in the Remediation Fund, including interest
accrued, shall be used by the Secretary to provide
grants to the local water authority to reimburse the
local water authority for the Federal share of the
costs associated with designing and constructing
groundwater remediation projects to be administered by
the local water authority.
(B) Cost-sharing limitation.--
(i) In general.--The Secretary may not
obligate any funds appropriated to the
Remediation Fund in a fiscal year until the
Secretary has deposited into the Remediation
Fund an amount provided by non-Federal
interests sufficient to ensure that at least 35
percent of any funds obligated by the Secretary
for a project are from funds provided to the
Secretary for that project by the non-Federal
interests.
(ii) Non-federal responsibility.--Each
local water authority shall be responsible for
providing the non-Federal amount required by
clause (i) for projects under that local water
authority. The State of California, local
government agencies, and private entities may
provide all or any portion of the non-Federal
amount.
(iii) Credits toward non-federal share.--
For purposes of clause (ii), the Secretary
shall credit the appropriate local water
authority with the value of all prior
expenditures by non-Federal interests made
after January 1, 2000, that are compatible with
the purposes of this section, including--
(I) all expenditures made by non-
Federal interests to design and
construct groundwater remediation
projects, including expenditures
associated with environmental analyses
and public involvement activities that
were required to implement the
groundwater remediation projects in
compliance with applicable Federal and
State laws; and
(II) all expenditures made by non-
Federal interests to acquire lands,
easements, rights-of-way, relocations,
disposal areas, and water rights that
were required to implement a
groundwater remediation project.
(b) Compliance With Applicable Law.--In carrying out the activities
described in this section, the Secretary shall comply with any
applicable Federal and State laws.
(c) Relationship to Other Activities.--Nothing in this section
shall be construed to affect other Federal or State authorities that
are being used or may be used to facilitate remediation and protection
of the Llagas groundwater subbasin. In carrying out the activities
described in this section, the Secretary shall integrate such
activities with ongoing Federal and State projects and activities. None
of the funds made available for such activities pursuant to this
section shall be counted against any Federal authorization ceiling
established for any previously authorized Federal projects or
activities.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Remediation Fund $25,000,000. Such funds shall
remain available until expended.
Passed the House of Representatives September 21, 2004.
Attest:
JEFF TRANDAHL,
Clerk. | Llagas Reclamation Groundwater Remediation Initiative - Establishes within the Treasury an interest bearing account to be known as the California Basins Groundwater Remediation Fund, which shall be administered by the Secretary of the Interior, acting through the Bureau of Reclamation, in cooperation with the Santa Clara Valley Water District.
Requires that the Fund be used by the Secretary to provide grants to reimburse the District for the Federal share of the costs associated with designing and constructing groundwater remediation projects. Prohibits the Secretary from obligating any funds appropriated to the Fund in a fiscal year until the Secretary has deposited a matching amount provided by non-Federal interests of at least 35 percent for a project.
Makes each local water authority responsible for providing the non-Federal amount required for projects under that authority. Allows the State of California, local government agencies, and private entities to provide all or any portion of the non-Federal amount. Directs the Secretary to credit the appropriate authority with the value of all prior expenditures by non-Federal interests made after January 1, 2000, that are compatible with the purposes of this Act. Authorizes appropriations to the Fund. | {"src": "billsum_train", "title": "To authorize the Secretary of the Interior, acting through the Bureau of Reclamation and in coordination with other Federal, State, and local government agencies, to participate in the funding and implementation of a balanced, long-term groundwater remediation program in California, and for other purposes."} | 944 | 266 | 0.734186 | 2.137015 | 0.964334 | 5.186916 | 3.869159 | 0.943925 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Civil Rights Tax Relief Act of
2007''.
SEC. 2. EXCLUSION FROM GROSS INCOME FOR AMOUNTS RECEIVED ON ACCOUNT OF
CERTAIN UNLAWFUL DISCRIMINATION.
(a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to items specifically excluded
from gross income) is amended by inserting after section 139A the
following new section:
``SEC. 139B. AMOUNTS RECEIVED ON ACCOUNT OF CERTAIN UNLAWFUL
DISCRIMINATION.
``(a) Exclusion.--Gross income does not include amounts received by
a claimant (whether by suit or agreement and whether as lump sums or
periodic payments) on account of a claim of unlawful discrimination (as
defined by section 62(e)).
``(b) Amounts Covered.--For purposes of subsection (a), the term
`amounts' does not include--
``(1) backpay or frontpay, as defined in section 1302(b),
or
``(2) punitive damages.''.
(b) Clerical Amendment.--The table of sections for part III of
subchapter B of chapter 1 of such Code is amended by inserting after
the item relating to section 139A the following:
``Sec. 139B. Amounts received on account of certain unlawful
discrimination.''.
(c) Effective Date.--The amendment made by this section shall apply
to amounts received in taxable years beginning after December 31, 2006.
SEC. 3. LIMITATION ON TAX BASED ON INCOME AVERAGING FOR BACKPAY AND
FRONTPAY RECEIVED ON ACCOUNT OF CERTAIN UNLAWFUL
EMPLOYMENT DISCRIMINATION.
(a) In General.--Part I of subchapter Q of chapter 1 of the
Internal Revenue Code of 1986 (relating to income averaging) is amended
by adding at the end the following new section:
``SEC. 1302. INCOME FROM BACKPAY AND FRONTPAY RECEIVED ON ACCOUNT OF
CERTAIN UNLAWFUL EMPLOYMENT DISCRIMINATION.
``(a) General Rule.--If employment discrimination backpay or
frontpay is received by a taxpayer during a taxable year, the tax
imposed by this chapter for such taxable year shall not exceed the sum
of--
``(1) the tax which would be so imposed if--
``(A) no amount of such backpay or frontpay were
included in gross income for such year, and
``(B) no deduction were allowed for such year for
expenses (otherwise allowable as a deduction to the
taxpayer for such year) in connection with making or
prosecuting any claim of unlawful employment
discrimination by or on behalf of the taxpayer, plus
``(2) the product of--
``(A) the number of years in the backpay period and
frontpay period, and
``(B) the amount by which the tax determined under
paragraph (1) would increase if the amount on which
such tax is determined were increased by the average
annual net backpay and frontpay amount.
``(b) Definitions.--For purposes of this section--
``(1) Employment discrimination backpay or frontpay.--The
term `employment discrimination backpay or frontpay' means
backpay or frontpay receivable (whether as lump sums or
periodic payments) on account of a claim of unlawful employment
discrimination.
``(2) Unlawful employment discrimination.--The term
`unlawful employment discrimination' has the meaning provided
the term `unlawful discrimination' in section 62(e).
``(3) Backpay and frontpay.--The terms `backpay' and
`frontpay' mean amounts includible in gross income in the
taxable year--
``(A) as compensation which is attributable--
``(i) in the case of backpay, to services
performed, or that would have been performed
but for a claimed violation of law, as an
employee, former employee, or prospective
employee before such taxable year for the
taxpayer's employer, former employer, or
prospective employer, and
``(ii) in the case of frontpay, to
employment that would have been performed but
for a claimed violation of law, in a taxable
year or taxable years following the taxable
year; and
``(B) which are--
``(i) ordered, recommended, or approved by
any governmental entity to satisfy a claim for
a violation of law, or
``(ii) received from the settlement of such
a claim.
``(4) Backpay period.--The term `backpay period' means the
period during which services are performed (or would have been
performed) to which backpay is attributable. If such period is
not equal to a whole number of taxable years, such period shall
be increased to the next highest number of whole taxable years.
``(5) Frontpay period.--The term `frontpay period' means
the period of foregone employment to which frontpay is
attributable. If such period is not equal to a whole number of
taxable years, such period shall be increased to the next
highest number of whole taxable years.
``(6) Average annual net backpay and frontpay amount.--The
term `average annual net backpay and frontpay amount' means the
amount equal to--
``(A) the excess of--
``(i) employment discrimination backpay and
frontpay, over
``(ii) the amount of deductions that would
have been allowable but for subsection
(a)(1)(B), divided by
``(B) the number of years in the backpay period and
frontpay period.''.
(b) Clerical Amendment.--The table of sections for part I of
subchapter Q of chapter 1 of such Code is amended by inserting after
section 1301 the following new item:
``Sec. 1302. Income from backpay and frontpay received on account of
certain unlawful employment
discrimination.''.
(c) Effective Date.--The amendments made by this section shall
apply to amounts received in taxable years beginning after December 31,
2006.
SEC. 4. INCOME AVERAGING FOR BACKPAY AND FRONTPAY RECEIVED ON ACCOUNT
OF CERTAIN UNLAWFUL EMPLOYMENT DISCRIMINATION NOT TO
INCREASE ALTERNATIVE MINIMUM TAX LIABILITY.
(a) In General.--Section 55(c) of the Internal Revenue Code of 1986
(defining regular tax) is amended by redesignating paragraph (2) as
paragraph (3) and by inserting after paragraph (1) the following:
``(2) Coordination with income averaging for amounts
received on account of employment discrimination.--Solely for
purposes of this section, section 1302 (relating to averaging
of income from backpay or frontpay received on account of
certain unlawful employment discrimination) shall not apply in
computing the regular tax.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2006. | Civil Rights Tax Relief Act of 2007 - Amends the Internal Revenue Code to: (1) allow an exclusion from gross income for amounts received (either backpay or frontpay or punitive damages) on account of an unlawful discrimination claim; and (2) allow income averaging for backpay and frontpay amounts received from such claims. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to exclude from gross income amounts received on account of claims based on certain unlawful discrimination and to allow income averaging for backpay and frontpay awards received on account of such claims, and for other purposes."} | 1,656 | 72 | 0.668914 | 1.7065 | 1.144119 | 3.393443 | 22.180328 | 0.901639 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Planning Amendments Act of
1995''.
SEC. 2. PROJECT GRANTS AND CONTRACTS FOR FAMILY PLANNING SERVICES.
(a) Requiring Certain Nondirective Counseling and Referral
Services.--Section 1001 of the Public Health Service Act (42 U.S.C.
300) is amended--
(1) by redesignating subsections (b) through (d) as
subsections (c) through (e), respectively; and
(2) by inserting after subsection (a) the following
subsection:
``(b)(1) The Secretary may not make an award of a grant or contract
under this section unless the applicant for the award agrees that the
family planning project involved will provide to individuals
information regarding pregnancy management options upon request of the
individuals, and that such information will be provided only through
individuals holding professional degrees in medicine or osteopathic
medicine, nursing, clinical psychology, the allied health professions,
or social work, through individuals meeting such other criteria as the
Secretary determines to be appropriate for providing such information,
or through individuals allowed under State law to provide such
information.
``(2) With respect to compliance with the agreement made under
paragraph (1), the family planning project involved, and any provider
of services in the project, may not be required to provide information
regarding a pregnancy management option if--
``(A) the project or provider (as the case may be) objects
to doing so on grounds of religious beliefs or moral
convictions; and
``(B) the project refers the individual seeking services to
another provider in the project, or to another project in the
geographic area involved, as the case may be, that will provide
such information.
``(3) For purposes of this subsection, the term `information
regarding pregnancy management options' means nondirective counseling
and referrals regarding--
``(A) prenatal care and delivery;
``(B) infant care, foster care, and adoption; and
``(C) termination of pregnancy.''.
(b) Compliance With State Laws on Parental Notification and
Consent.--Section 1008 of the Public Health Service Act (42 U.S.C.
300a-6) is amended by inserting ``(a)'' before ``None'' and by adding
at the end the following:
``(b)(1) No public or nonprofit private entity that performs
abortions may receive an award of a grant or contract under section
1001 unless the entity has certified to the Secretary that the entity
is in compliance with State law regarding parental notification of or
consent for the performance of an abortion on a minor which is enforced
in the State in which the entity is located.
``(2) Paragraph (1) shall not be construed to require or prohibit a
State's adoption of parental notification or parental consent laws
regarding the performance of an abortion on a minor, or to require or
prohibit the enforcement by a State of such laws.''.
(c) Information on Condoms.--Section 1001 of the Public Health
Service Act, as amended by subsection (a) of this section, is amended
by inserting after subsection (b) the following subsection:
``(c) The Secretary may not make an award of a grant or contract
under this section unless the applicant for the award agrees that the
family planning project involved will--
``(1) distribute only those condoms meeting current
requirements for quality control and labeling; and any
subsequently developed standards, established by the Food and
Drug Administration for the prevention of pregnancy and the
prevention of the transmission of sexually transmitted
diseases; and
``(2) advise individuals of the benefits of the proper use
of condoms, of the extent of risk that still exists with condom
usage, and of the fact that condoms currently available do not
completely eliminate the risk of pregnancy or the transmission
of sexually transmitted diseases.''.
(d) Authorization of Appropriations.--Section 1001(f) of the Public
Health Service Act, as redesignated by subsection (a) of this section,
is amended to read as follows:
``(f) For the purpose of grants and contracts under this section,
there are authorized to be appropriated $220,000,000 for fiscal year
1996, and $250,000,000 for fiscal year 1997.''.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR TRAINING GRANTS AND
CONTRACTS.
Section 1003(b) of the Public Health Service Act (42 U.S.C. 300a-
1(b)) is amended to read as follows:
``(b) For the purpose of grants and contracts under subsection (a),
there are authorized to be appropriated $6,250,000 for fiscal year
1996, and $7,000,000 for fiscal year 1997.''.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR INFORMATIONAL AND
EDUCATIONAL MATERIALS.
Section 1005(b) of the Public Health Service Act (42 U.S.C. 300a-
3(b)) is amended to read as follows:
``(b) For the purpose of grants and contracts under subsection (a),
there are authorized to be appropriated $12,000,000 for fiscal year
1996, and $13,500,000 for fiscal year 1997.''.
SEC. 5. EFFECTIVE DATE.
This Act and the amendments made by this Act take effect upon the
date of the enactment of this Act. | Family Planning Amendments Act of 1995- Amends the Public Health Service Act to require family planning grant and contract recipients to provide nondirective counseling and referrals regarding: (1) prenatal care and delivery; (2) infant care, foster care, and adoption; and (3) termination of pregnancy. Allows a provider who objects, on religious or moral grounds, to providing such counseling and referrals to refer the woman to another provider. Requires recipients to: (1) comply with State parental notification or consent laws; and (2) distribute only those condoms meeting current quality and labeling requirements and provide information regarding condom use benefits and risks. Authorizes appropriations.
Authorizes appropriations for grants and contracts concerning: (1) training to provide family planning services; and (2) informational and educational materials regarding family planning and population growth. | {"src": "billsum_train", "title": "Family Planning Amendments Act of 1995"} | 1,199 | 172 | 0.527073 | 1.465448 | 0.998943 | 2.648485 | 6.575758 | 0.866667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Soledad Canyon Mine Act''.
SEC. 2. FINDING AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) Transit Mix Concrete Corporation holds two valid
Federal contracts, numbered CA-20139 and CA-22901, issued under
the Materials Act of 1947, for the extraction of approximately
56,000,000 tons of sand and gravel from the Federal mineral
estate in lands located in Soledad Canyon adjacent to the city
of Santa Clarita, California.
(2) It is in the best interest of the citizens of
California and the Federal Government to cancel the Contracts
and prohibit future mining in the Soledad Canyon area of
California.
(3) TMC should receive as just compensation for such
cancellation the fair market value of the Contracts and all
costs, fees, and covered liabilities incurred by TMC in good
faith in its efforts to develop the Contracts.
(4) A site-specific solution that is fair to TMC and that
seeks to protect the environment and minimize impacts on local
transportation systems is in the best interest of the Nation.
(5) Considerable sums of money have been expended by TMC
and the city of Santa Clarita on legal and other services in
trying to ensure their interests are protected with respect to
Contracts CA-20139 and CA-22901.
(b) Purposes.--The purposes of this Act are the following:
(1) To provide to the Bureau of Land Management the
authority to cancel contracts CA-20139 and CA-22901 and
prohibit future mining in the Soledad Canyon.
(2) To provide a means for TMC to recover as just
compensation for the cancellation of the Contracts the fair
market value of, and TMC's expenditures and covered liabilities
pursuing the development of, the Contracts.
(3) To provide the Bureau of Land Management tools to
verify expenses incurred by TMC and provide relief.
(4) To provide timelines for the verification of costs
incurred by TMC and the determination of just compensation, and
to provide a dispute resolution process.
SEC. 3. DEFINITIONS.
In this Act:
(1) Contracts.--The term ``Contracts'' means Bureau of Land
Management mineral contracts numbered CA-20139 and CA-22901.
(2) Covered liabilities.--The term ``covered liabilities''
includes any court-ordered or court-approved payment,
settlement, or other liability on the part of TMC for damages,
costs, compensation, or reimbursement to any third party for
agreements entered into by TMC in good faith prior to January
1, 2008, in order to exercise rights under the Contracts.
(3) Materials act of 1947.--The term ``Materials Act of
1947'' means the Act of July 31, 1947, (chapter 406; 61 Stat.
681; 30 U.S.C. 601-604).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) TMC.--The term ``TMC'' means the Transit Mixed Concrete
Corporation and its successors in interest, including CEMEX
USA.
SEC. 4. CANCELLATION OF THE CONTRACTS.
(a) Contract Cancellations.--The Secretary shall cancel Bureau of
Land Management mineral contracts CA-20139 and CA-22901 and withdraw
those areas that were subject to the Contracts from further mineral
entry under all mineral leasing and sales authorities available to the
Secretary, effective on the date of the enactment of this Act.
(b) Compensation.--
(1) In general.--As compensation for the cancellation of
the Contracts, TMC shall receive fair market value of the
Contracts and TMC's expenditures and covered liabilities in
trying to bring the Contracts into commercial production. As
such compensation, the Secretary shall provide to TMC surface
and mineral interests and additional value in accordance with
subsection (d) having a total value equal to the amount
described in paragraph (3). All such expenditures must have
been incurred by TMC in good faith in connection with its
efforts to bring the Contracts into commercial production:
Provided, however, that compensation for covered liabilities
may be paid to TMC under this section for up to 15 years
following the effective date of this Act.
(2) Increase in adjusted basis of contract upon
cancellation.--For purposes of the Internal Revenue Code of
1986, the adjusted basis of any contract to which section 4(a)
applies shall be increased (immediately before the cancellation
of such contract under such section) by the excess (if any)
of--
(A) the fair market value of such contract
(determined immediately before such cancellation), over
(B) the adjusted basis of such contract (as
determined immediately before the application of this
section).
(3) Value described.--The compensation provided for in
paragraph (1) is equal to the sum of the following:
(A) All amounts paid to the United States by TMC
with respect to the Contracts as bonus bids or other
prepayments.
(B) Interest on amounts referred to in subparagraph
(A), from the date of payment of such amounts to the
United States, at a rate determined by the Secretary.
(C) Amounts expended by TMC in securing the
contracts and trying to bring them into production,
including--
(i) all actual costs, including fees,
associated with the engineering and
environmental studies, and permitting
proceedings, that were incurred in good faith
in TMC's efforts to exercise the rights granted
under the Contract terms; and
(ii) all actual legal costs, including fees
and covered liabilities, incurred in good faith
in TMC's efforts to exercise the rights granted
in the Contracts, including all fees and costs
associated with securing permits and
entitlements, litigation to compel, secure, or
defend permits or entitlements, and litigation
in connection with disputes relating to mineral
and surface estate rights to the property that
is the subject of the Contracts.
(D) The fair market value of the Contracts.
(4) Determination of fair market value.--The Secretary
shall, within six months after the date of enactment of this
Act, determine by mineral appraisal the fair market value of
the contracts at the time of such determination for purposes of
paragraph (3)(D), determine by mineral appraisal or other
generally accepted applicable appraisal techniques the fair
market value of the surface and mineral estate identified in
the map referred to in subsection (d), and notify TMC of those
determinations. In determining the fair market value of the
Contracts, the Secretary shall assume that--
(A) TMC has obtained all permits and entitlements
necessary to mine, produce, process, and sell sand and
gravel from the Contracts;
(B) mining operations under the Contracts have
commenced at the time of the determination, with
maximum annual production volumes that--
(i) are based on the projected supply and
demand outlook at the time of determination;
and
(ii) reflect depletion of the reserves of
the Contracts within the effective periods of
the Contract;
(C) the fair market value of the Contracts includes
the present value of expected future net cash flows to
be derived from the mining, producing, processing, and
sale of the sand and gravel contained in the Contracts
over the minimum time necessary to mine, produce,
process, and sell such sand and gravel, taking into
consideration--
(i) the material deposit contained in the
contract sites and its quality, volume,
minability, and reclamation requirements;
(ii) the proximity of the contract sites to
markets;
(iii) the type of market that could be
served from the contract sites, including
future supply, demand, and probable price
increases based upon construction material data
developed by the State of California;
(iv) the cost of mining, producing,
processing, and selling the material reserved
in the contract sites;
(v) the types and costs of transportation
for such production from the contract sites to
markets;
(vi) royalties, taxes, and fees to mine and
sell the production from the contract sites;
(vii) similar market sales of materials the
area or region of the contract sites; and
(viii) the net present values of expected
future cash flows from proposed mining
operations of the Contract sites taking into
consideration, at a minimum, the matters
referred to in clauses (i) through (viii).
(c) Submission of Expenses Incurred.--
(1) In general.--To assist in the verification of the
amounts expended referred to in subsection (b)(3)(C), TMC shall
submit to the Secretary within 60 days after the date of
enactment of this Act an itemized list of such amounts, with
enough detail and supporting documentation so the Secretary can
determine that the expenses are associated with the Contracts.
(2) Arbitration.--The Secretary shall issue the
determination of the amounts expended referred to in subsection
(b)(3)(C) within 60 days after receipt of the itemized list
required under paragraph (1). If the Secretary disapproves such
list, the Secretary shall, upon request of TMC, determine the
economic value invested for purposes of subsection (b)(3)
through arbitration in accordance with subchapter IV of chapter
5 of title 5, United States Code.
(d) Return of Value Opportunities for TMC.--
(1) In general.--Within six months after the completion of
the requirements of subsections (b) and (c), the Secretary
shall provide to TMC the following:
(A) Surface and mineral estate interests and
additional value under subsection (b)(1) using the
surface and mineral estate as described and delineated
as Area A on the map entitled ``Cemex USA and City of
Victorville, California Land Disposal and Acquisition
Agreement'' and on file with the Secretary, consisting
of approximately 5,000 acres.
(B) If the fair market value of the surface and
mineral estate used under subparagraph (A) is less than
the sum described in subsection (b)(3), additional
mineral or surface estate under subsection (b)(1) using
the surface and mineral estate as described and
delineated as Area B on the map entitled ``Cemex USA
and City of Victorville, California Land Disposal and
Acquisition Agreement'' and on file with the Secretary,
consisting of approximately 3,000 acres as is necessary
so that the sum of the values provided under
subparagraph (A) and this subparagraph does not exceed
the sum described in subsection (b)(3).
(C) If the sum of the fair market values of the
surface and mineral estates and additional value
provided under subparagraphs (A) and (B) is less that
the sum described in subsection (b)(3), additional
value as is necessary so that the sum of the values
provided under subparagraphs (A) and (B) and this
subparagraph does not exceed the sum described in
subsection (b)(3), in the form of one or more of the
following that are mutually agreed to by the Secretary
and TMC:
(i) Credits that may be applied against
future royalties, bonus bids, or rental fees
for Federal lands administered by the Secretary
and located within the State of California,
including leases for all submerged lands of the
outer Continental Shelf.
(ii) Interest in the mineral estate in
Federal lands in the State of California that
are available for sale under the Mineral
Leasing Act (30 U.S.C. 181 et seq.) or other
law administered by the Secretary.
(iii) Interests in the surface estate in
Federal lands in the State of California that
are under the administrative jurisdiction of
the Secretary and that are available for
disposal.
(e) Treatment of Credits.--
(1) Term.--Credits provided under subsection (d) shall
expire at the end of the 10-year period beginning on the date
the credits are issued by the Secretary.
(2) Assignment.--TMC may assign credits provided to TMC
under subsection (d) to any person who satisfies the same
requirements to hold the Contracts as those that applied to TMC
under the Materials Act of 1947.
(f) Referral to Court of Claims.--
(1) Referral.--If within 12 months after the date of
enactment of this Act, the Secretary and TMC do not reach
agreement under subsections (b), (c), and (d) regarding the
financial and mineral production opportunities to be provided
by the Secretary to TMC under subsection (b)(1), or, if within
3 months after TMC receives notice in accordance with
subsection (b)(4) of the fair market value determined by the
Secretary of the surface and mineral estate identified in the
maps referred to in subsection (d) TMC or the city of
Victorville, California, notifies the Secretary that it
disagrees with the Secretary's determination, the Secretary
shall refer the issues upon which TMC, or the city of
Victorville, California, and the Secretary are not in agreement
with respect to such an agreement or fair market value to the
United States Court of Federal Claims for resolution
(2) Resolution by court.--In any referral under this
subsection, the court shall--
(A) determine de novo the values described in
subsection (b) and (d), including the fair market
values of the surface and mineral estates as described
and delineated on the maps referred to in subsection
(d)(1); and
(B) determine and order the Secretary to provide
financial and mineral production opportunities
consistent with subparagraph (A), for purposes of
subsections (b)(1) and (d).
SEC. 5. LIMITATIONS ON FUTURE LEASING FOR LAND OR MINERAL ESTATE IN THE
VICTOR VALLEY AREA OF CALIFORNIA.
Notwithstanding anything in this Act to the contrary, prior to any
lease, transfer, or other disposition of land or any mineral or surface
estate for any area that is located in the city of Victorville,
California, the city of Victorville's sphere of influence, or the city
of Victorville's proposed sphere of influence, all as delineated on the
map entitled ``Cemex USA and City of Victorville, California Land
Disposal and Acquisition Agreement'' and on file with the Secretary,
the Secretary shall--
(1) consult with the city of Victorville, California, and
surface owners in that area; and
(2) prohibit mining in that area. | Soledad Canyon Mine Act - Instructs the Secretary of the Interior to cancel Bureau of Land Management mineral contracts CA-20139 and CA-22901 and withdraw from further mineral entry the areas subject to them, which are located in Soledad Canyon adjacent to Santa Clarita, California.
Requires Transit Mixed Concrete Corporation to receive, as compensation for cancellation of the contracts, their fair market value and its expenditures and covered liabilities in trying to bring the contracts into commercial production.
Increases the adjusted basis of the contracts upon cancellation for federal tax purposes.
Directs the Secretary, before any disposition of land, mineral or surface estate for any area located in the city of Victorville, California, to: (1) consult with the city and surface owners; and (2) prohibit mining in such area. | {"src": "billsum_train", "title": "To provide to the Secretary of Interior a mechanism to cancel contracts for the sale of materials CA-20139 and CA-22901, and for other purposes."} | 3,083 | 163 | 0.622481 | 2.25785 | 0.700733 | 3.818792 | 19.503356 | 0.973154 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Harbor Fairness Act of 2011''.
SEC. 2. ASSESSMENT OF DREDGING NEEDS.
Section 210 of the Water Resources Development Act of 1986 (33
U.S.C. 2238) is amended by adding at the end the following:
``(c) Assessment of Operation and Maintenance Needs.--
``(1) In general.--Not later than 90 days after the date of
enactment of this subsection, and biennially thereafter, the
Secretary shall assess the total operation and maintenance
needs of the harbors referred to in subsection (a)(2),
including harbors used--
``(A) for commercial navigation;
``(B) for commercial fishing;
``(C) for subsistence, including harbors utilized
by Indian tribes (as defined in section 4 of the Indian
Self-Determination and Education Assistance Act (25
U.S.C. 450b)) for subsistence and ceremonial purposes;
``(D) as harbors of refuge;
``(E) for transportation of persons;
``(F) in relation to domestic energy production,
including harbors related to the fabrication,
servicing, or supply of domestic offshore energy
production facilities;
``(G) by the Secretary of the department in which
the Coast Guard is operating;
``(H) for recreation purposes; and
``(I) for any other authorized purpose.
``(2) Report to congress.--In conjunction with the
transmittal by the President of the budget of the United States
for fiscal year 2013, and biennially thereafter, the Secretary
shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
report that, with respect to commercial navigation projects for
the harbors referred to in subsection (a)(2)--
``(A) identifies the operation and maintenance
costs associated with the projects, including those
costs required to achieve and maintain the authorized
length, width, and depth for the projects, on a
project-by-project basis;
``(B) identifies the amount of funding requested in
the President's budget for the operation and
maintenance costs associated with the projects, on a
project-by-project basis;
``(C) identifies the unmet operation and
maintenance needs associated with the projects, on a
project-by-project basis; and
``(D) identifies the harbors for which the
President will allocate funding over next 5 fiscal
years for operation and maintenance activities, on a
project-by-project basis, including the amounts to be
allocated for such purposes.''.
SEC. 3. ALLOCATION AND EXPENDITURES FOR LOCAL HARBOR PROJECTS.
Section 210 of the Water Resources Development Act of 1986 (33
U.S.C. 2238) is further amended by adding at the end the following:
``(d) Expenditures for Operation and Maintenance of Harbor
Projects.--
``(1) In general.--To the maximum extent practicable, the
Secretary shall make expenditures to pay for operation and
maintenance costs of the harbors referred to in subsection
(a)(2), including expenditures of funds appropriated from the
Harbor Maintenance Trust Fund, based on an equitable allocation
of funds among all such harbors, regardless of the size or
tonnage throughput of the harbor.
``(2) Criteria.--In determining the equitable allocation of
funds under paragraph (1), the Secretary--
``(A) shall utilize the information obtained in the
assessment conducted under subsection (c);
``(B) shall consider the national and regional
significance of harbor operation and maintenance; and
``(C) shall not make such allocation based solely
on the tonnage transiting through a harbor.
``(3) Minimum allocation for moderate and low use
waterways.--Notwithstanding the requirements of paragraph (1),
in making expenditures described in paragraph (1) for each of
fiscal years 2013 and 2014, the Secretary shall allocate not
less than 40 percent of the total amount of the expenditures to
pay for operation and maintenance costs of moderate and low use
harbors, as identified by the Secretary.
``(4) Emergency expenditures.--Nothing in this subsection
shall prohibit the Secretary from making an expenditure to pay
for the operation and maintenance costs of a specific harbor,
including the transfer of funding from the operation and
maintenance of a separate project, if--
``(A) the Secretary determines that such action is
necessary to address the navigation needs of a harbor
where safe navigation has been severely restricted due
to an unforeseen event; and
``(B) the Secretary provides advance notice and
information on the need for such a determination to the
Committee on Transportation and Infrastructure and the
Committee on Appropriations of the House of
Representatives and the Committee on Environment and
Public Works and the Committee on Appropriations of the
Senate.''. | Harbor Fairness Act of 2011 - Amends the Water Resources Development Act of 1986 to direct the Secretary of the Army to assess the total operation and maintenance needs of all harbors and inland harbors within the United States, including harbors used: (1) for commercial navigation, (2) for commercial fishing, (3) for subsistence, (4) as harbors of refuge, (5) for transportation of persons, (6) in relation to domestic energy production, (7) by the Secretary of the department in which the Coast Guard is operating, and (8) for recreation purposes.
Directs the Secretary, in conjunction with transmittal of the President's FY2013 budget and biennially thereafter, to submit to specified congressional committees a report on commercial navigation projects for such harbors that identifies: (1) the operation and maintenance costs associated with the projects; (2) the amount of funding requested in the President's budget for such costs on a project-by-project basis; (3) the unmet operation and maintenance needs associated with such projects; and (4) the harbors for which the President will allocate funding over the next five fiscal years for operation and maintenance activities on a project-by-project basis.
Directs the Secretary: (1) to make expenditures to pay for harbor operation and maintenance costs based on an equitable allocation of funds among all such harbors, regardless of the size or tonnage throughput of the harbor; and (2) to allocate not less than 40% of the total expenditures in FY2013 and FY2014 to pay for operation and maintenance costs of moderate and low use harbors. Permits the Secretary, notwithstanding such requirements, to make an expenditure to pay for such costs of a specific harbor if the Secretary: (1) determines that such action is necessary to address the navigation needs of a harbor where safe navigation has been severely restricted due to an unforeseen event, and (2) provides advance notice on the need for such a determination to Congress. | {"src": "billsum_train", "title": "To amend the Water Resources Development Act of 1986 to ensure that annual expenditures from the Harbor Maintenance Trust Fund to pay for operation and maintenance costs are allocated equitably among eligible harbor projects, and for other purposes."} | 1,075 | 403 | 0.699406 | 2.230589 | 0.781298 | 4.151436 | 2.618799 | 0.939948 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Anti-Semitism Awareness Act of
2016''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Title VI of the Civil Rights Act of 1964 (referred to
in the section as ``title VI'') is one of the principal
antidiscrimination statutes enforced by the Department of
Education's Office for Civil Rights.
(2) Title VI prohibits discrimination on the basis of race,
color, or national origin.
(3) Both the Department of Justice and the Department of
Education have properly concluded that title VI prohibits
discrimination against Jews, Muslims, Sikhs, and members of
other religious groups when the discrimination is based on the
group's actual or perceived shared ancestry or ethnic
characteristics or when the discrimination is based on actual
or perceived citizenship or residence in a country whose
residents share a dominant religion or a distinct religious
identity.
(4) A September 8, 2010, letter from Assistant Attorney
General Thomas E. Perez to Assistant Secretary for Civil Rights
Russlynn H. Ali stated that ``[a]lthough Title VI does not
prohibit discrimination on the basis of religion,
discrimination against Jews, Muslims, Sikhs, and members of
other groups violates Title VI when that discrimination is
based on the group's actual or perceived shared ancestry or
ethnic characteristics''.
(5) To assist State and local educational agencies and
schools in their efforts to comply with Federal law, the
Department of Education periodically issues Dear Colleague
letters. On a number of occasions, these letters set forth the
Department of Education's interpretation of the statutory and
regulatory obligations of schools under title VI.
(6) On September 13, 2004, the Department of Education
issued a Dear Colleague letter regarding the obligations of
schools (including colleges) under title VI to address
incidents involving religious discrimination. The 2004 letter
specifically notes that ``since the attacks of September 11,
2001, OCR has received complaints of race or national origin
harassment commingled with aspects of religious discrimination
against Arab Muslim, Sikh, and Jewish students.''.
(7) An October 26, 2010, Dear Colleague letter issued by
the Department of Education stated, ``While Title VI does not
cover discrimination based solely on religion, groups that face
discrimination on the basis of actual or perceived shared
ancestry or ethnic characteristics may not be denied protection
under Title VI on the ground that they also share a common
faith. These principles apply not just to Jewish students, but
also to students from any discrete religious group that shares,
or is perceived to share, ancestry or ethnic characteristics
(e.g., Muslims or Sikhs).''.
(8) Anti-Semitism remains a persistent, disturbing problem
in elementary and secondary schools and on college campuses.
(9) Jewish students are being threatened, harassed, or
intimidated in their schools (including on their campuses) on
the basis of their shared ancestry or ethnic characteristics
including through harassing conduct that creates a hostile
environment so severe, pervasive, or persistent so as to
interfere with or limit some students' ability to participate
in or benefit from the services, activities, or opportunities
offered by schools.
(10) The 2010 Dear Colleague letter cautioned schools that
they ``must take prompt and effective steps reasonably
calculated to end the harassment, eliminate any hostile
environment, and its effects, and prevent the harassment from
recurring,'' but did not provide guidance on current
manifestation of anti-Semitism, including discriminatory anti-
Semitic conduct that is couched as anti-Israel or anti-Zionist.
(11) The definition and examples referred to in paragraphs
(1) and (2) of section 3 have been valuable tools to help
identify contemporary manifestations of anti-Semitism, and
include useful examples of discriminatory anti-Israel conduct
that crosses the line into anti-Semitism.
(12) Awareness of this definition of anti-Semitism will
increase understanding of the parameters of contemporary anti-
Jewish conduct and will assist the Department of Education in
determining whether an investigation of anti-Semitism under
title VI is warranted.
SEC. 3. DEFINITIONS.
For purposes of this Act, the term ``definition of anti-
Semitism''--
(1) includes the definition of anti-Semitism set forth by
the Special Envoy to Monitor and Combat Anti-Semitism of the
Department of State in the Fact Sheet issued on June 8, 2010,
as adapted from the Working Definition of Anti-Semitism of the
European Monitoring Center on Racism and Xenophobia (now known
as the European Union Agency for Fundamental Rights); and
(2) includes the examples set forth under the headings
``Contemporary Examples of Anti-Semitism'' and ``What is Anti-
Semitism Relative to Israel?'' of the Fact Sheet.
SEC. 4. RULE OF CONSTRUCTION FOR TITLE VI OF THE CIVIL RIGHTS ACT OF
1964.
In reviewing, investigating, or deciding whether there has been a
violation of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d
et seq.) on the basis of race, color, or national origin, based on an
individual's actual or perceived shared Jewish ancestry or Jewish
ethnic characteristics, the Department of Education shall take into
consideration the definition of anti-Semitism as part of the
Department's assessment of whether the alleged practice was motivated
by anti-Semitic intent.
SEC. 5. CONSTITUTIONAL PROTECTIONS.
Nothing in this Act, or an amendment made by this Act, shall be
construed to diminish or infringe upon any right protected under the
First Amendment to the Constitution of the United States. | Anti-Semitism Awareness Act of 2016 This bill requires the Department of Education (ED), when reviewing whether there has been a violation of title VI of the Civil Rights Act of 1964 (prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving federal financial assistance) based on an individual's actual or perceived shared Jewish ancestry or Jewish ethnic characteristics, to consider the definition of "anti-Semitism" as part of its assessment of whether the alleged practice was motivated by anti-Semitic intent. For purposes of this bill, the definition of "anti-Semitism" is the definition set forth by the Special Envoy to Monitor and Combat Anti-Semitism of the Department of State in the Fact Sheet issued on June 8, 2010, as adapted from the Working Definition of Anti-Semitism of the European Monitoring Center on Racism and Xenophobia (now known as the European Union Agency for Fundamental Rights). | {"src": "billsum_train", "title": "Anti-Semitism Awareness Act of 2016"} | 1,281 | 230 | 0.501904 | 1.551125 | 0.770272 | 7.005525 | 6.430939 | 0.917127 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clone Pager Authorization Act of
1996''.
SEC. 2. WIRE AND ELECTRONIC COMMUNICATIONS.
(a) Definitions.--Section 2510(12) of title 18, United States Code,
is amended--
(1) in subparagraph (B), by striking ``or'' at the end;
(2) in subparagraph (C), by adding ``or'' at the end; and
(3) by adding at the end the following:
``(D) any communication made through a clone pager
(as that term is defined in section 3127).''
(b) Prohibition.--Section 2511(2)(h) of title 18, United States
Code, is amended by striking clause (i) and inserting the following:
``(i) to use a pen register, a trap and trace device, or a
clone pager (as those terms are defined for the purposes of
chapter 206 (relating to pen registers, trap and trace devices,
and clone pagers)); or''.
SEC. 3. AMENDMENT OF CHAPTER 206.
Chapter 206 of title 18, United States Code, is amended--
(1) in the chapter heading, by striking ``AND TRAP AND
TRACE DEVICES'' and inserting ``, TRAP AND TRACE DEVICES, AND
CLONE PAGERS'';
(2) in the chapter analysis--
(A) by striking ``and trap and trace device'' each
place that term appears and inserting ``, trap and
trace device, and clone pager'';
(B) by striking ``and trap and trace devices'' and
inserting ``, trap and trace devices, and clone
pagers''; and
(C) by striking ``or a trap and trace device'' each
place that term appears and inserting ``, a trap and
trace device, or a clone pager'';
(3) in section 3121--
(A) in the section heading, by striking ``and trap
and trace device'' and inserting ``, trap and trace
device, and clone pager''; and
(B) by striking ``or a trap and trace device'' each
place that term appears and inserting ``, a trap and
trace device, or a clone pager'';
(4) in section 3122--
(A) in the section heading by striking ``or a trap
and trace device'' and inserting ``, a trap and trace
device, or a clone pager'';
(B) by striking ``or a trap and trace device'' each
place that term appears and inserting ``, a trap and
trace device, or a clone pager'';
(5) in section 3123--
(A) in the section heading, by striking ``or a trap
and trace device'' and inserting ``, a trap and trace
device, or a clone pager'';
(B) by striking subsection (a) and inserting the
following:
``(a) In General.--Upon an application made under section 3122, the
court shall enter an ex parte order authorizing the installation and
use of a pen register or a trap and trace device within the
jurisdiction of the court, or of a clone pager for which the service
provider is subject to the jurisdiction of the court, if the court
finds that the attorney for the Government or the State law enforcement
or investigative officer has certified to the court that the
information likely to be obtained by such installation and use is
relevant to an ongoing criminal investigation.'';
(C) in subsection (b)(1)--
(i) in subparagraph (A), by inserting
before the semicolon the following: ``, or, in
the case of a clone pager, the identity, if
known, of the person who is the subscriber of
the paging device, the communications to which
will be intercepted by the clone pager'';
(ii) in subparagraph (C), by inserting
before the semicolon the following: ``, or, in
the case of a clone pager, the number of the
paging device, communications to which will be
intercepted by the clone pager''; and
(iii) in paragraph (2), by striking ``or
trap and trace device'' and inserting ``, trap
and trace device, or clone pager'';
(D) in subsection (c), by striking ``or a trap and
trace device'' and inserting ``, a trap and trace
device, or a clone pager''; and
(E) in subsection (d)--
(i) in the subsection heading, by striking
``or a Trap and Trace Device'' and inserting
``, Trap and Trace Device, or Clone Pager'';
and
(ii) in paragraph (2), by inserting ``or
the paging device, the communications to which
will be intercepted by the clone pager,'' after
``attached,'';
(6) in section 3124--
(A) in the section heading, by striking ``or a trap
and trace device'' and inserting ``, a trap and trace
device, or a clone pager'';
(B) by redesignating subsections (c) through (f) as
subsections (d) through (g), respectively; and
(C) by inserting after subsection (b) the
following:
``(c) Clone Pager.--Upon the request of an attorney for the
Government or an officer of a law enforcement agency authorized to
acquire and use a clone pager under this chapter, a Federal court may
order, in accordance with section 3123(b)(2), a provider of a paging
service or other person, to furnish to such investigative or law
enforcement officer, all information, facilities, and technical
assistance necessary to accomplish the operation and use of the clone
pager unobtrusively and with a minimum of interference with the
services that the person so ordered by the court accords the party with
respect to whom the programming and use is to take place.'';
(7) in section 3125--
(A) in the section heading, by striking ``and trap
and trace device'' and inserting ``, trap and trace
device, and clone pager'';
(B) in subsection (a)--
(i) by striking ``or a trap and trace
device'' and inserting ``, a trap and trace
device, or a clone pager''; and
(ii) by striking the quotation marks at the
end; and
(C) by striking ``or trap and trace device'' each
place that term appears and inserting ``, trap and
trace device, or clone pager'';
(8) in section 3126--
(A) in the section heading, by striking ``and trap
and trace devices'' and inserting ``, trap and trace
devices, and clone pagers''; and
(B) by inserting ``or clone pagers'' after
``devices''; and
(9) in section 3127--
(A) by redesignating paragraphs (5) and (6) as
paragraphs (6) and (7), respectively; and
(B) by inserting after paragraph (4) the following:
``(5) the term `clone pager' means a numeric display device
that receives communications intended for another numeric
display paging device;''.
Passed the Senate November 7, 1997.
Attest:
GARY SISCO,
Secretary. | Clone Pager Authorization Act of 1996 (sic) - Amends the Federal criminal code to authorize the use of a clone pager (defined as a numeric display device that receives communications intended for another numeric display paging device). Directs the court to enter an ex parte order authorizing the installation and use of a clone pager for which the service provider is subject to the jurisdiction of the court if the court finds that the attorney for the Government or the State law enforcement or investigative officer has certified to the court that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation.
Amends provisions regarding the use of pen registers and trap and trace devices to cover the use of clone pagers.
Authorizes a Federal court, upon the request of an attorney for the Government or an officer of a law enforcement agency authorized to acquire and use a clone pager, to order a provider of a paging service or other person to furnish to such investigative or law enforcement officer all information, facilities, and technical assistance necessary to accomplish the programming and use of such pager unobtrusively and with a minimum of interference with the paging services provided. | {"src": "billsum_train", "title": "Clone Pager Authorization Act of 1996"} | 1,801 | 277 | 0.551572 | 1.583671 | 0.586331 | 5.936937 | 7.076577 | 0.945946 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Share Act of 2008''.
SEC. 2. CERTAIN DOMESTICALLY CONTROLLED FOREIGN PERSONS PERFORMING
SERVICES UNDER CONTRACT WITH UNITED STATES GOVERNMENT
TREATED AS AMERICAN EMPLOYERS.
(a) FICA Taxes.--Section 3121 of the Internal Revenue Code of 1986
(relating to definitions) is amended by adding at the end the following
new subsection:
``(z) Treatment of Certain Foreign Persons as American Employers.--
``(1) In general.--If any employee of a foreign person is
performing services in connection with a contract between the
United States Government (or any instrumentality thereof) and
any member of any domestically controlled group of entities
which includes such foreign person, such foreign person shall
be treated for purposes of this chapter as an American employer
with respect to such services performed by such employee.
``(2) Domestically controlled group of entities.--For
purposes of this subsection--
``(A) In general.--The term `domestically
controlled group of entities' means a controlled group
of entities the common parent of which is a domestic
corporation.
``(B) Controlled group of entities.--The term
`controlled group of entities' means a controlled group
of corporations as defined in section 1563(a)(1),
except that--
``(i) `more than 50 percent' shall be
substituted for `at least 80 percent' each
place it appears therein, and
``(ii) the determination shall be made
without regard to subsections (a)(4) and (b)(2)
of section 1563.
A partnership or any other entity (other than a
corporation) shall be treated as a member of a
controlled group of entities if such entity is
controlled (within the meaning of section 954(d)(3)) by
members of such group (including any entity treated as
a member of such group by reason of this sentence).
``(3) Liability of common parent.--In the case of a foreign
person who is a member of any domestically controlled group of
entities, the common parent of such group shall be jointly and
severally liable for any tax under this chapter for which such
foreign person is liable by reason of this subsection.
``(4) Cross reference.--For relief from taxes in cases
covered by certain international agreements, see sections
3101(c) and 3111(c).''.
(b) Social Security Benefits.--Subsection (e) of section 210 of the
Social Security Act (42 U.S.C. 410(e)) is amended--
(1) by striking ``(e) The term'' and inserting ``(e)(1) The
term'',
(2) by redesignating paragraphs (1) through (6) as
subparagraphs (A) through (F), respectively, and
(3) by adding at the end the following new paragraph:
``(2)(A) If any employee of a foreign person is performing
services in connection with a contract between the United
States Government (or any instrumentality thereof) and any
member of any domestically controlled group of entities which
includes such foreign person, such foreign person shall be
treated for purposes of this chapter as an American employer
with respect to such services performed by such employee.
``(B) For purposes of this paragraph--
``(i) The term `domestically controlled group of
entities' means a controlled group of entities the
common parent of which is a domestic corporation.
``(ii) The term `controlled group of entities'
means a controlled group of corporations as defined in
section 1563(a)(1) of the Internal Revenue Code of
1986, except that--
``(I) `more than 50 percent' shall be
substituted for `at least 80 percent' each
place it appears therein, and
``(II) the determination shall be made
without regard to subsections (a)(4) and (b)(2)
of section 1563 of such Code.
A partnership or any other entity (other than a
corporation) shall be treated as a member of a
controlled group of entities if such entity is
controlled (within the meaning of section 954(d)(3) of
such Code) by members of such group (including any
entity treated as a member of such group by reason of
this sentence).''.
(c) Effective Date.--The amendment made by this section shall apply
to services performed after the date of the enactment of this Act. | Fair Share Act of 2008 - Amends the Internal Revenue Code and title II (Old Age, Survivors, and Disability Insurance Benefits) of the Social Security Act to treat certain foreign subsidiaries of U.S. companies performing services under a contract with the U.S. government as U.S. employers for purposes of Social Security and Medicare employment taxes. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 and the Social Security Act to treat certain domestically controlled foreign persons performing services under contract with the United States Government as American employers for purposes of certain employment taxes and benefits."} | 1,011 | 79 | 0.481324 | 1.189379 | 0.524992 | 1.733333 | 15 | 0.733333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mount Stevens and Ted Stevens
Icefield Designation Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Theodore ``Ted'' Fulton Stevens, who began serving in
the Senate 9 years after Alaska was admitted to Statehood,
represented the people of the State of Alaska with distinction
in the Senate for over 40 years from 1968 to 2009 and played a
significant role in the transformation of the State of Alaska
from an impoverished territory to a full-fledged State through
the assistance he provided in building energy facilities,
hospitals and clinics, roads, docks, airports, water and sewer
facilities, schools, and other community facilities in the
State of Alaska, which earned him recognition as ``Alaskan of
the Century'' from the Alaska Legislature in 2000;
(2) Ted Stevens distinguished himself as a transport pilot
during World War II in support of the ``Flying Tigers'' of the
United States Army Air Corps, 14th Air Force, earning 2
Distinguished Flying Crosses and other decorations for his
skill and bravery;
(3) Ted Stevens, after serving as a United States Attorney
in the territory of Alaska, came to Washington, District of
Columbia in 1956 to serve in the Eisenhower Administration in
the Department of the Interior, where he was a leading force in
securing the legislation that led to the admission of Alaska as
the 49th State on January 3, 1959, and then as Solicitor of the
Department of the Interior;
(4) in 1961, Ted Stevens returned to the State of Alaska
and, in 1964, was elected to the Alaska House of
Representatives, where he was subsequently elected as Speaker
pro tempore and majority leader until his appointment on
December 24, 1968, to the Senate to fill the vacancy caused by
the death of Senator E.L. Bartlett;
(5) Ted Stevens, the longest-serving Republican Senator in
the history of the Senate, served as President pro tempore of
the Senate from 2003 through 2007 and as President pro tempore
emeritus from 2008 to 2009, and over the course of his career
in the Senate, Ted Stevens served as assistant Republican
leader, Chairman of the Select Committee on Ethics, Chairman of
the Committee on Rules and Administration, Chairman of the
Committee on Governmental Affairs, Chairman of the Committee on
Appropriations, and Chairman of the Committee on Commerce,
Science, and Transportation;
(6) Ted Stevens worked tirelessly for the enactment of the
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.),
which provided for the conveyance of approximately 44,000,000
acres of land in the State of Alaska to the Aleut, Eskimo, and
Indian peoples and created Native Corporations to secure the
long-term economic, cultural, and political empowerment of the
Native peoples of the State of Alaska;
(7) Ted Stevens was a leader in shaping the communications
policies of the United States, as he helped to establish the
spectrum auction policy, negotiated the Telecommunications Act
of 1996, authored the Digital Television Transition and Public
Safety Act of 2005 (47 U.S.C. 309 note; Public Law 109-171),
and passionately advocated for the connection of rural America
to the rest of the world and to improve the lives of the people
of the United States through the use of telemedicine and
distance learning;
(8) Ted Stevens was a conservationist who championed the
safe development of the natural resources of the United States,
as illustrated by his authorship of the Trans-Alaska Pipeline
Authorization Act (43 U.S.C. 1651 et seq.), the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1801
et seq.), which established the 200-mile exclusive economic
zone and led to a reduction in the dominance of foreign fishing
fleets in the fisheries of the United States, the Magnuson-
Stevens Fishery Conservation and Management Reauthorization Act
of 2006 (Public Law 109-479; 120 Stat. 3575), which established
conservation measures designed to end overfishing, and the High
Seas Driftnet Fisheries Enforcement Act (16 U.S.C. 1826a et
seq.), which provided for the denial of entry into ports of the
United States and the imposition of sanctions on vessels
carrying out large-scale driftnet fishing beyond the exclusive
economic zone of any nation;
(9) Ted Stevens was committed to health and fitness in his
personal life and in his legislative accomplishments, as
illustrated by his authorship of the Ted Stevens Amateur and
Olympic Sports Act (36 U.S.C. 220501 et seq.), his
encouragement of providing equality to female athletes through
the enactment of title IX of the Education Amendments of 1972
(20 U.S.C. 1681 et seq.), and his leadership in improving
physical education programs in schools through the Carol M.
White Physical Education Program (20 U.S.C. 7261 et seq.);
(10) Ted Stevens unconditionally supported the needs of the
Armed Forces of the United States through visits to soldiers,
sailors, airmen, marines, and Coast Guardsmen in every major
military conflict and war zone where United States military
personnel have been assigned during his service in the Senate,
including Vietnam, Kuwait, Bosnia, Kosovo, Iraq, and
Afghanistan, and in his role as Chairman and Ranking Member of
the Subcommittee on Defense Appropriations for more than 20
years;
(11) Ted Stevens was a devoted husband, father, and
grandfather who worked to promote family-friendly policies in
the Federal government;
(12) Ted Stevens was well-respected for reaching across the
aisle to forge bipartisan alliances and enjoyed many close
friendships with colleagues in both political parties and with
his staff, who were deeply loyal to him; and
(13) the designation of the unnamed highest peak in the
State of Alaska, along with an icefield in the Chugach Forest
in that State, in honor of Ted Stevens would be a fitting
tribute to his honorable life and legacy.
SEC. 3. DESIGNATION OF MOUNT STEVENS.
(a) Designation.--Not later than 30 days after the date of
enactment of this Act, the United States Board on Geographic Names
(referred to in this Act as the ``Board'') shall designate the unnamed,
13,895-foot peak in the Alaska Range near Denali Park in the State of
Alaska, located at latitude 62.920469308 and longitude 151.066510314,
as the ``Mount Stevens''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the peak referred to in
subsection (a) shall be deemed to be a reference to the ``Mount
Stevens''.
SEC. 4. DESIGNATION OF TED STEVENS ICEFIELD.
(a) Definition of Icefield.--In this section, the term ``icefield''
means the icefield in the northern Chugach Forest in the State of
Alaska--
(1) comprising approximately 8,340 square miles, as
delineated by such map as shall be provided and made available
for public inspection by the Forest Service; and
(2) including the Harvard, Yale, Columbia, Nelchina,
Tazlina, Valdez, and Shoup Glaciers.
(b) Designation.--Not later than 30 days after the date of
enactment of this Act, the Board shall designate the icefield as the
``Ted Stevens Icefield''.
(c) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the icefield shall be
deemed to be a reference to the ``Ted Stevens Icefield''. | Mount Stevens and Ted Stevens Icefield Designation Act - Directs the United States Board on Geographic Names to designate: (1) a specified unnamed peak in the Alaska Range near Denali Park in Alaska as "Mount Stevens"; and (2) a specified icefield in the northern Chugach Forest in Alaska as the "Ted Stevens Icefield." | {"src": "billsum_train", "title": "To designate a mountain and icefield in the State of Alaska as the \"Mount Stevens\" and \"Ted Stevens Icefield\", respectively."} | 1,770 | 85 | 0.417371 | 1.176211 | 0.225983 | 4.21875 | 24.03125 | 0.875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alaska Wetlands Conservation Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) according to the United States Fish and Wildlife
Service, approximately 170,200,000 acres of wetlands existed in
Alaska in the 1780s and approximately 170,000,000 acres of
wetlands exist now, representing a loss of less than one-tenth
of 1 percent through human and natural processes;
(2) according to the United States Fish and Wildlife
Service more than 221,000,000 acres of wetlands existed at the
time of Colonial America in the area that is now the contiguous
United States and that 117,000,000 of those acres, roughly 53
percent, have been filled, drained, or otherwise removed from
wetland status;
(3) Alaska contains more wetlands than all of the other
States combined;
(4) 88 percent of Alaska's wetlands are publicly owned,
while only 26 percent of the wetlands in the 48 contiguous
States are publicly owned;
(5) approximately 98 percent of all Alaskan communities,
including 200 of the 209 remote villages in Alaska, are located
in or adjacent to wetlands;
(6) approximately 62 percent of all federally designated
wilderness lands, 70 percent of all Federal park lands, and 90
percent of all Federal refuge lands are located in Alaska, thus
providing protection against use or degradation to
approximately 60,000,000 acres of wetlands in Alaska;
(7) 104,000,000 acres of land were granted to the State of
Alaska at statehood for purposes of economic development;
(8) approximately 43,000,000 acres of land were granted to
Alaska Natives through regional and village corporations and
Native allotments for their use and between 45 percent and 100
percent of each Native corporation's land is categorized as
wetlands;
(9) development of basic community infrastructure in
Alaska, where approximately 75 percent of the nonmountainous
areas are wetlands, is often delayed and sometimes prevented by
the existing wetlands regulatory program, with minimal
identifiable environmental benefit;
(10) the 1899 Rivers and Harbors Act formerly regulated
disposition of dredge spoils in navigable waters, which did not
include wetlands, to keep navigable waters free of impairments;
(11) the 1972 Federal Water Pollution Control Act, more
commonly known as the Clean Water Act, formed the basis for a
broad expansion of Federal jurisdiction over wetlands by
modifying the definition of ``navigable waters'' to include all
``waters of the United States'';
(12) in 1975, a United States district court ordered the
Army Corps of Engineers to publish revised regulations
concerning the program to implement section 404 of the Clean
Water Act, which expanded the scope of the program to include
the discharge of dredged and fill material into wetlands;
(13) the wetlands regulatory program was expanded yet again
by regulatory action to include isolated wetlands (wetlands
that are not adjacent to navigable waters), and such an
expansion formed the basis for burdensome intrusions on the
property rights of Alaskans, Alaskan Native Corporations, and
the State of Alaska;
(14) expansion of the wetlands regulatory program in this
manner is beyond what the Congress intended when it passed the
Clean Water Act and has placed unnecessary economic and
administrative burdens on private property owners, small
businesses, city governments, State governments, farmers,
ranchers, and others, while providing negligible environmental
benefits;
(15) for Alaska, a State with substantial conserved
wetlands and less than 1 percent private, noncorporate land
ownership, the burdens of the current wetlands regulatory
program unnecessarily inhibit reasonable community growth and
environmentally benign resource development;
(16) Alaska villages, municipalities, boroughs, city
governments, and Native organizations are increasingly
frustrated with the constraints of the wetlands regulatory
program because it interferes with the location of community
centers, airports, sanitation systems, roads, schools,
industrial areas, and other critical community infrastructure;
(17) policies intended to achieve ``no net loss'' of
wetlands reflect a response to the 53 percent loss of the
wetlands base in the 48 contiguous States, and do not take into
account the large percentage of conserved wetlands in Alaska;
and
(18) individual landowners in Alaska have lost up to 97
percent of their property value and Alaskan communities have
lost a significant portion of their tax base due to wetlands
regulations.
SEC. 3. AMENDMENTS TO THE FEDERAL WATER POLLUTION CONTROL ACT.
(a) National Policy.--Section 101(a) of the Federal Water Pollution
Control Act (33 U.S.C. 1251(a)) is amended by--
(1) striking ``and'' at the end of paragraph (6);
(2) striking the period at the end of paragraph (7) and
inserting in lieu thereof a semicolon; and
(3) adding at the end the following new paragraphs:
``(8) it is the national policy to (A) achieve a balance
between wetlands conservation and adverse economic impacts on
local, regional, and private economic interests, and (B)
eliminate the regulatory taking of private property by the
regulatory program authorized under section 404;
``(9) it is the national policy to encourage localized
wetlands planning (without mandating such planning and by
providing funds to facilitate such planning), and to allow
greater flexibility for the issuance of wetlands permits in
States with substantial conserved wetlands; and
``(10) it is the national policy that compensatory
mitigation under section 404 for the development of wetlands in
a State with substantial conserved wetlands shall not be
required, requested, or otherwise utilized to offset impacts to
such wetlands.''.
(b) Discharge Permits.--Section 404(b) of the Federal Water
Pollution Control Act (33 U.S.C. 1344(b)) is amended by inserting after
the period at the end the following new sentence: ``Notwithstanding the
preceding sentence, such guidelines with respect to disposal sites in
any State with substantial conserved wetlands--
``(A) shall not require mitigation to compensate
for wetlands loss and adverse impacts to wetlands;
``(B) may include reasonable requirements for the
minimization of adverse impacts to wetlands; and
``(C) may include reasonable requirements for the
avoidance of impacts, but may not require the permit
applicant to establish that alternative sites do not
exist.''.
(c) General Permits.--Section 404(e) of the Federal Water Pollution
Control Act (33 U.S.C. 1344(e)) is amended by inserting at the end the
following new paragraph:
``(3) Notwithstanding the requirements of paragraphs (1)
and (2), at the request of a State with substantial conserved
wetlands, the Secretary shall issue a general permit on a
Statewide basis for any category of activities in such State.
Any such permit shall apply to the discharge of dredged or fill
material into disposal sites that are up to, at a minimum, 10
acres in size, and may not contain guidelines for disposal
sites that are more stringent than the guidelines for such
sites in that State under subsection (b).''.
(d) Nonprohibited Discharges.--Section 404(f)(1) of the Federal
Water Pollution Control Act (33 U.S.C. 1344(f)(1)) is amended by--
(1) striking the comma at the end of subparagraph (F) and
inserting in lieu thereof a semicolon; and
(2) adding at the end the following new subparagraph:
``(G) in a State with substantial conserved
wetlands--
``(i) associated with airport safety
(ground and air);
``(ii) for the construction and maintenance
of log transfer facilities relating to log
transportation activities;
``(iii) for the construction of tailings
impoundments utilized for treatment facilities
(as determined by the development document) for the mining subcategory
for which the tailings impoundments are constructed;
``(iv) for the construction of ice pads and
ice roads and for the purposes of snow storage
and removal; or
``(v) resulting from any silviculture
activity or practice undertaken on economic
base lands.''.
(e) Definitions.--Section 404 of the Federal Water Pollution
Control Act (33 U.S.C. 1344), as amended, is amended further by adding
at the end the following new subsections:
``(u) Definitions.--For purposes of this section--
``(1) the term `conserved wetlands' means wetlands that are
located in the National Park System, National Wildlife Refuge
System, National Wilderness System, the Wild and Scenic River
System, and other similar Federal conservation systems, as well
as wetlands located in comparable types of conservation systems
established under State or local authority;
``(2) the term `economic base lands' means lands conveyed
to, selected by, or owned by Alaska Native entities pursuant to
the Alaska Native Claims Settlement Act (Public Law 92-203), as
amended, or the Alaska Native Allotment Act of 1906 (34 Stat.
197), as amended, and lands conveyed to, selected by, or owned
by, the State of Alaska pursuant to the Alaska Statehood Act
(Public Law 85-508), as amended; and
``(3) the term `State with substantial conserved wetlands'
means any State which--
``(A) contains at least 15 acres of conserved
wetlands for each acre of wetlands filled, drained, or
otherwise converted within such State (based upon
wetlands loss statistics reported in the 1990 United
States Fish and Wildlife Service Wetlands Trends report
to Congress entitled `Wetlands Losses in the United
States 1780's to 1980's'); or
``(B) the Secretary of the Army determines has
sufficient conserved wetlands to provide adequate
wetlands conservation in such State, based on the
policies set forth in this Act.
``(v) Alaska Native and State of Alaska Land Exceptions.--
``(1)(A) Notwithstanding subsections (a) or (b), upon
application by the holder of economic base lands, the Secretary
shall issue a permit for the discharge of dredged or fill
material into the navigable waters at a disposal site on such
lands if such discharge complies with reasonable guidelines
established by the Secretary under this subsection. The
guidelines established by the Secretary under this subsection
may be no more stringent than the guidelines established under
subsection (b) for disposal sites in a State with substantial
conserved wetlands, and must take into consideration the
requirements of subparagraph (B).
``(B) In considering the requirements otherwise applicable
under subsections (a) and (b) for use in guidelines applicable
to permits issued under this paragraph, the Secretary shall--
``(i) balance the standards and policies of this
Act against the obligations of the United States to
allow economic base lands to be beneficially used to
create and sustain economic activity;
``(ii) with respect to Alaska Native lands, give
substantial weight to the social and economic needs of
Alaska Natives; and
``(iii) consider the abundance and value of
conserved wetlands in the State in which such economic
base lands are found.
``(2) The Secretary shall issue general permits under
subsection (e)(1) for categories of activities on economic base
lands relating to the development of rural Alaska community
infrastructure (including water and sewer systems, airports,
roads, communication sites, fuel storage sites, landfills,
housing, hospitals, medical clinics, and schools) without
determining whether or not such activities will cause only
minimal adverse environmental effects when performed
separately, or whether or not such activities will have only
minimal cumulative adverse effects on the environment.
``(3) The Secretary shall consult with and provide
assistance to Alaska Natives (including Alaska Native
Corporations) and the State of Alaska regarding promulgation
and administration of policies and regulations under this
section.''. | Alaska Wetlands Conservation Act - Amends the Federal Water Pollution Control Act to provide that specified guidelines for disposal sites for the discharge of dredged and fill material into navigable waters for States with substantial conserved wetlands areas: (1) shall not require mitigation to compensate for wetlands loss and adverse impacts; (2) may include requirements for minimization of such impacts; and (3) may include requirements for avoidance of impacts but may not require the permit applicant to establish that alternative sites do not exist.Directs the Secretary of the Army, at the request of such a State, to issue a general permit for such State which applies to the discharge of dredged or fill material into disposal sites of at least ten acres, and may not contain guidelines for disposal sites that are more stringent than the guidelines described above. Describes nonprohibited discharges of such material in such States.Requires the Secretary to issue a permit to a holder of economic base lands (specified lands conveyed to or owned by Alaska Native entities or the State of Alaska) for the discharge of dredged or fill material into the navigable waters at a disposal site if such discharge complies with reasonable guideline established by the Secretary.Directs the Secretary to issue general permits for categories of activities on economic base lands relating to the development of rural Alaska community infrastructure without determining whether such activities will cause only minimal adverse environmental effects. | {"src": "billsum_train", "title": "A bill to amend the wetlands regulatory program under the Federal Water Pollution Control Act to provide credit for the low wetlands loss rate in Alaska and recognize the significant extent of wetlands conservation in Alaska, to protect Alaskan property owners, and to ease the burden on overly regulated Alaskan cities, boroughs, municipalities, and villages."} | 2,616 | 308 | 0.479706 | 1.511057 | 0.717083 | 4.303846 | 9.330769 | 0.95 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Athletic Trainers' Equal Access to
Medicare Act of 2009''.
SEC. 2. ACCESS TO PHYSICAL MEDICINE AND REHABILITATION SERVICES
PROVIDED INCIDENT TO A PHYSICIAN.
Section 1862(a)(20) of the Social Security Act (42 U.S.C.
1395y(a)(20)) is amended by striking ``(other than any licensing
requirement specified by the Secretary)'' and inserting ``(other than
any licensing, education, or credentialing requirements specified by
the Secretary)''.
SEC. 3. COVERAGE OF CERTIFIED ATHLETIC TRAINER SERVICES UNDER PART B OF
THE MEDICARE PROGRAM.
(a) Coverage of Services.--Section 1861 of the Social Security Act
(42 U.S.C. 1395x) is amended--
(1) in subsection (s)(2)--
(A) in subparagraph (DD), by striking ``and'' at
the end;
(B) in subparagraph (EE), by adding ``and'' at the
end; and
(C) by adding at the end the following new
subparagraph:
``(FF) certified athletic trainer services (as defined in
subsection (hhh)(1));''; and
(2) by adding at the end the following new subsection:
``Certified Athletic Trainer Services
``(hhh)(1) The term `certified athletic trainer services' means
services performed by a certified athletic trainer (as defined in
paragraph (2)) under the supervision of a physician (as defined in
subsection (r)), which the athletic trainer is legally authorized to
perform under State law (or the State regulatory mechanism provided by
State law) of the State in which such services are performed, as would
otherwise be covered if furnished by a physician (as so defined) or as
an incident to a physician's professional service, to an individual--
``(A) who is under the care of a physician (as so defined);
and
``(B) with respect to whom a plan prescribing the type,
amount, and duration of services that are to be furnished to
such individual has been established by a physician (as so
defined).
Such term does not include any services for which a facility or other
provider charges or is paid any amounts with respect to the furnishing
of such services.
``(2) The term `certified athletic trainer' means an individual
who--
``(A) in the case of an individual performing services in a
State that provides for licensure or certification of athletic
trainers, is licensed or certified as an athletic trainer in
such State; or
``(B) in the case of an individual performing services in a
State that does not provide for licensure or certification of
athletic trainers, possesses a bachelors, master's or doctoral
degree which qualifies for certification as an athletic
trainer, and, has successfully passed a national certification
examination for Athletic Trainers recognized by the
Secretary.''.
(b) Payment.--
(1) In general.--Section 1832(a)(2)(B) of such Act (42
U.S.C. 1395k(a)(2)(B)) is amended by adding at the end the
following new clause:
``(v) certified athletic trainer
services;''.
(2) Amount.--Section 1833(a)(1) of such Act (42 U.S.C.
1395l(a)(1)) is amended--
(A) by striking ``and'' before ``(W)''; and
(B) by inserting before the semicolon at the end
the following: ``, and (X) with respect to certified
athletic trainer services under section 1861(s)(2)(FF),
the amounts paid shall be 80 percent of the lesser of
the actual charge for the service or the fee schedule
amount under section 1848 for the same service
performed by a physician''.
(3) Payment to employer.--The first sentence of section
1842(b)(6) of such Act (42 U.S.C. 1395u(b)(6)) is amended--
(A) by striking ``and'' before ``(H)''; and
(B) by inserting before ``; but nothing'' the
following: ``, and (I) in the case of certified
athletic trainer services, payment shall be made to the
physician, clinic, or hospital that employs the
athletic trainer involved''.
(c) Inclusion of Services in the Therapy Cap.--Section 1833(g)(1)
of such Act (42 U.S.C. 1395l(g)(1)) is amended--
(1) by striking ``and'' before ``physical therapy''; and
(2) by inserting after ``or as incident to physicians'
services,'' the following: ``and certified athletic trainer
services''.
(d) Inclusion of Athletic Trainers as Practitioners for Assignment
of Claims.--Section 1842(b)(18)(C) of such Act (42 U.S.C.
1395u(b)(18)(C)) is amended by adding at the end the following new
clause:
``(vii) A certified athletic trainer (as defined in section
1861(hhh)(1)).''.
(e) Coverage of Certain Physical Medicine and Rehabilitation
Services Provided in Rural Health Clinics and Federally Qualified
Health Centers.--Section 1861(aa)(1)(B) of such Act (42 U.S.C.
1395x(aa)(1)(B)) is amended--
(1) by striking ``or'' before ``by a clinical social
worker''; and
(2) by inserting after ``subsection (hh)(1)),'' the
following: ``by a certified athletic trainer (as defined in
subsection (hhh)(2))''.
(f) Effective Date.--The amendments made by this section shall
apply with respect to services furnished on or after January 1, 2010. | Athletic Trainers' Equal Access to Medicare Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act to provide for: (1) access to outpatient occupational and physical therapy services provided incident to a physician's professional services if furnished by an educated or credentialed therapist who does not have a license; and (2) coverage of certified athletic trainer services under part B (Supplementary Medical Insurance) of Medicare, including those provided in rural health clinics and federally qualified health centers. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to provide improved access to physical medicine and rehabilitation services under part B of the Medicare Program, and for other purposes."} | 1,364 | 115 | 0.598575 | 1.560865 | 0.546586 | 3.617021 | 12.053191 | 0.829787 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ballistic Imaging Evaluation and
Study Act of 2003''.
SEC. 2. PURPOSES.
The purposes of this Act are the following:
(1) To conduct a comprehensive study of ballistic imaging
technology and evaluate design parameters for packing and
shipping of fired cartridge cases and projectiles.
(2) To determine the effectiveness of the National
Integrated Ballistic Information Network (NIBIN) as a tool in
investigating crimes committed with handguns or rifles.
(3) To establish the cost and overall effectiveness of
State-mandated ballistic imaging systems and the sharing and
retention of the data collected by the systems.
SEC. 3. STUDY.
(a) In General.--Not later than 6 months after the date of the
enactment of this Act, the Attorney General shall enter into an
arrangement with the National Research Council of the National Academy
of Sciences, which shall have sole responsibility for conducting under
the arrangement a study to determine the following:
(1) The design parameters for an effective and uniform
system for packing fired cartridge cases and projectiles, and
for collecting information that will accompany a fired
cartridge case and projectile and be entered into a ballistic
imaging system.
(2) The most effective method for projectile recovery that
can be used to collect fired projectiles for entry into a
ballistic imaging system and the cost of such recovery
equipment.
(3) Which countries are employing ballistic imaging systems
and the results of the systems as a tool in investigating
crimes committed with handguns or rifles.
(4) The total cost, including startup costs, operating
costs, and outlays for personnel and administration, to
Federal, State, and local jurisdictions for the implementation
of a ballistic imaging system.
(5) The estimated yearly cost for administering a ballistic
imaging system, the storage of cartridge cases and projectiles
on a nationwide basis, and the costs to industry and consumers
of doing so.
(6) How many revolvers, manually operated handguns,
semiautomatic handguns, manually operated rifles, and
semiautomatic rifles are sold in the United States each year,
the percentage of crimes committed with revolvers, other
manually operated handguns, or manually operated rifles as
compared with semiautomatic handguns or semiautomatic rifles,
and the percentage of each category of such crimes on record in
the NIBIN system.
(7) Whether in countries where ballistic identification has
been implemented, a shift has occurred in the number of
semiautomatic handguns and semiautomatic rifles, compared with
revolvers, other manually operated handguns, and manually
operated rifles that are used to commit a crime.
(8) A comprehensive list of environmental and
nonenvironmental factors, including modifications to a firearm,
that can substantially alter or change the identifying marks on
a cartridge case and projectile so as to preclude a
scientifically reliable comparison between specimens and the
stored image from the same firearm from being admissible as
evidence in a court of law.
(9) The technical improvements in database management that
will be necessary to keep pace with database growth and the
estimated cost of the improvements.
(10) What redundant or duplicate database systems exist, or
have existed, the ability of the various systems to share
information, and the cost and time it will take to integrate
such systems.
(11) Legal issues that need to be addressed at the Federal
and State levels to codify the type of information that would
be captured and stored as part of a national ballistic
identification program and the sharing of the information
between State systems and NIBIN.
(12) What storage and retrieval procedures guarantee the
integrity of cartridge cases and projectiles for indefinite
periods of time and insure proper chain of custody and
admissibility of ballistic evidence or images in a court of
law.
(13) The time, cost, and resources necessary to enter
images of fired cartridge cases and fired projectiles into a
ballistic imaging identification system of all new handguns and
rifles sold in the United States and those possessed lawfully
by firearms owners.
(14) Whether an effective procedure is available to collect
fired cartridge cases and projectiles from privately owned
handguns and rifles.
(15) Whether the cost of ballistic imaging technology is
worth the investigative benefit to law enforcement officers.
(16) Whether State-based ballistic imaging systems, or a
combination of State and Federal ballistic imaging systems that
record and store cartridge cases and projectiles can be used to
create a centralized list of firearms owners.
(17) The cost-effectiveness of using a Federal, NIBIN-based
approach to using ballistic imaging technology as opposed to
State-based initiatives.
SEC. 4. CONSULTATION.
In carrying out this Act, the National Research Council of the
National Academy of Sciences shall consult with--
(1) Federal, State, and local officials with expertise in
budgeting, administering, and using a ballistic imaging system,
including the Bureau of Alcohol, Tobacco, Firearms, and
Explosives, the Federal Bureau of Investigation, and the Bureau
of Forensic Services at the California Department of Justice,
and the National Institute for Forensic Sciences in Brussels,
Belgium;
(2) law enforcement officials who use ballistic imaging
systems;
(3) entities affected by the actual and proposed uses of
ballistic imaging technology, including manufacturers,
distributors, importers, and retailers of firearms and
ammunition, firearms purchasers and owners and their organized
representatives;
(4) experts in ballistics imaging and related fields, such
as the Association of Firearm and Tool Mark Examiners,
projectile recovery system manufacturers, and ballistic imaging
device manufacturers;
(5) foreign officials administering ballistic imaging
systems; and
(6) individuals or organizations with significant expertise
in the field of ballistic imaging technology, as the Attorney
General deems necessary.
SEC. 5. REPORT.
Not later than 30 days after the National Research Council of the
National Academy of Sciences completes the study conducted under
section 3, the National Research Council shall submit to the Attorney
General a report on the results of the study, and the Attorney General
shall submit to the Congress a report, which shall be made public, that
contains--
(1) the results of the study; and
(2) recommendations for legislation, if applicable.
SEC. 6. DEFINITIONS.
In this Act:
(1) The term ``ballistic imaging technology'' means
software and hardware that records electronically, stores,
retrieves, and compares the marks or impressions on the
cartridge case and projectile of a round of ammunition fired
from a handgun or rifle.
(2) The term ``handgun'' has the meaning given the term in
section 921(a)(29) of title 18, United States Code.
(3) The term ``rifle'' has the meaning given the term in
section 921(a)(7) of title 18, United States Code.
(4) The term ``cartridge case'' means the part of a fully
assembled ammunition cartridge that contains the propellant and
primer for firing.
(5) The terms ``manually operated handgun'' and ``manually
operated rifle'' mean any handgun or rifle, as the case may be,
in which all loading, unloading, and reloading of the firing
chamber is accomplished through manipulation by the user.
(6) The term ``semiautomatic handgun'' means any repeating
handgun which utilizes a portion of the energy of a firing
cartridge to extract the fired cartridge case and chamber the
next round, and which requires a pull of the trigger to fire
each cartridge.
(7) The term ``semiautomatic rifle'' has the meaning given
the term in section 921(a)(28) of title 18, United States Code.
(8) The term ``projectile'' means that part of ammunition
that is, by means of an explosive, expelled through the barrel
of a handgun or rifle. | Ballistic Imaging Evaluation and Study Act of 2003 - Directs the Attorney General to enter into an arrangement with the National Research Council (NRC) of the National Academy of Sciences to study ballistic imaging technology, including: (1) the design parameters for an effective and uniform system for packing fired cartridge cases and projectiles and for collecting information that will be entered into a ballistic imaging system; (2) the most effective method that can be used to collect fired projectiles for entry into such a system and its cost; (3) which countries are employing such systems and the results in investigating crimes committed with handguns or rifles; (4) the costs to government, industry and consumers of implementing and administering such a system; (5) how many manually operated guns and semiautomatic guns are sold in the United States each year, the percentage of crimes committed with manually operated as compared with semiautomatic handguns or rifles, and the percentage of each category of such crimes on record in the NIBIN system; (6) whether a shift has occurred in countries where ballistic identification has been implemented in the number of semiautomatics, compared with manually operated guns, that are used to commit a crime; (7) environmental and nonenvironmental factors that can substantially change the identifying marks on a cartridge case and projectile so as to preclude a scientifically reliable comparison between specimens and stored images from the same firearm from being admissible as evidence; (8) the technical improvements in database management necessary to keep pace with database growth and the estimated cost of the improvements; (9) redundant systems, the ability of the various systems to share information, and the cost and time it will take to integrate such systems; (10) legal issues that need to be addressed to codify the type of information that would be captured and stored as part of a national ballistic identification program and the sharing of the information between State systems and NIBIN; (11) storage and retrieval procedures that guarantee the integrity of cartridge cases and projectiles for indefinite periods and insure proper chain of custody and admissibility of ballistic evidence or images; (12) the resources necessary to enter images of fired cartridge cases and projectiles into a ballistic imaging identification system of all new handguns and rifles sold in the United States and those possessed lawfully by firearms owners; (13) an effective procedure to collect fired cartridge cases and projectiles from privately owned handguns and rifles; (14) whether the cost of ballistic imaging technology is worth the investigative benefit to law enforcement officers; (15) whether State-based ballistic systems or a combination of State and Federal systems that record and store cartridge cases and projectiles can be used to create a centralized list of firearms owners; and (16) the cost-effectiveness of using a Federal, NIBIN-based approach to using ballistic imaging technology as opposed to State-based initiatives. | {"src": "billsum_train", "title": "To conduct a study on the effectiveness of ballistic imaging technology and evaluate its effectiveness as a law enforcement tool."} | 1,702 | 618 | 0.824448 | 3.089201 | 0.767878 | 5.87477 | 2.976059 | 0.983425 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Water Pollution Program Improvement
Act of 2000''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Pollutant loadings from both public and private point
sources have decreased dramatically since the enactment of the
Federal Water Pollution Control Act in 1972 and such reductions
have greatly contributed to achieving national water quality
goals.
(2) Appropriate emphasis on the management of nonpoint
source pollution through a variety of flexible management
practices is necessary to meet water quality standards and the
goals of the Federal Water Pollution Control Act.
(3) Comprehensive watershed management strategies
(including estuary management programs, source water protection
programs, and other voluntary or statutory programs) are
important tools in coordinating point source and nonpoint
source water quality programs.
(4) State and local governments, businesses, and landowners
are expected to spend billions of dollars over the next 20
years to implement watershed management strategies and other
programs to address nonpoint source pollution.
(5) In order to complete the total maximum daily load
calculations required for currently identified waters, States
will be required to develop one total maximum daily load
allocation per week per region for each of the next 15 years at
an estimated cost to the States ranging from $670,000,000 to
$1,200,000,000.
(6) States have overwhelmingly cited a lack of credible and
reliable data and a lack of the resources necessary to collect
and analyze such data, as significant limitations to carrying
out their responsibilities under the Federal Water Pollution
Control Act, including the identification of impaired waters
and the development of total maximum daily loads.
(7) The General Accounting Office recently concluded that
only 6 States have the majority of data needed to assess the
condition of their waters.
(8) In cases in which there are no reliable monitoring or
other analytical data to support a listing or total maximum
daily load allocation, waters of the United States are being
identified as impaired and total maximum daily loads are being
developed under section 303(d) of the Federal Water Pollution
Control Act (33 U.S.C. 1313(d)) on the basis of anecdotal
evidence. The data used are frequently not subject to quality
assurance or quality control measures.
(9) Any Federal regulatory or nonregulatory water quality
management program--
(A) must be based on sound science, including
credible and reliable monitoring data;
(B) must be subject to rigorous cost analysis;
(C) must be effectively and efficiently
implemented; and
(D) must have the strong support of affected
stakeholders, including State and local governments,
landowners, businesses, environmental organizations,
and the general public.
(10) Any Federal water quality management program or
initiative must recognize and accommodate--
(A) State water rights allocations and management
programs;
(B) the clear distinction between point and
nonpoint sources of pollution provided in the Federal
Water Pollution Control Act (33 U.S.C. 1251 et seq.);
and
(C) the exclusive authority of the States to
regulate nonpoint sources of pollution.
SEC. 3. NATIONAL ACADEMY OF SCIENCES STUDY.
(a) Study Required.--The Administrator of the Environmental
Protection Agency shall make arrangements with the National Academy of
Sciences to conduct a study on--
(1) the scientific basis underlying the development and
implementation of total maximum daily loads for pollutants in
waters identified under section 303(d)(1)(A) of the Federal
Water Pollution Control Act (33 U.S.C. 1313(d)(1)(A));
(2) the costs of implementing measures to comply with the
total maximum daily loads; and
(3) the availability of alternative programs or mechanisms
to reduce the discharge of pollutants from point sources and to
reduce pollution from nonpoint sources to achieve water quality
standards.
(b) Scope.--The study shall include an evaluation of the following:
(1) The scientific methodologies (including water quality
monitoring and monitoring plans) that are being used by States
to identify waters under section 303(d)(1)(A) of the Federal
Water Pollution Control Act (33 U.S.C. 1313(d)(1)(A)) and to
develop and implement total maximum daily loads for pollutants
in such waters, and the costs associated with the
methodologies.
(2) Any procedures or programs that are being implemented
by States and Federal agencies to coordinate and improve
monitoring methodologies and the quality of monitoring data.
(3) The availability of alternative programs and other
regulatory or nonregulatory mechanisms (including Federal,
State, and local programs that operate as a functional
equivalent to the total maximum daily load program) that may
achieve comparable environmental benefits in an impaired water,
watershed, or basin.
(4) The results achieved by regulatory and voluntary
programs, activities, and practices that are being implemented
to reduce nonpoint source pollution and the costs of such
programs, activities, and practices to State and local
governments and the private sector.
(5) The feasibility of implementing a pollutant trading
program between point sources and nonpoint sources of
pollution.
(6) An assessment of the total costs (including the costs
to Federal land management agencies, State and local
governments, and the private sector) associated with programs
to reduce the discharge of pollutants from point sources to
meet water quality standards on waters currently identified
under section 303(d)(1)(A) of the Federal Water
Pollution Control Act (33 U.S.C. 1313(d)(1)(A)) and with programs to
reduce pollution from nonpoint sources in such waters under section 319
of such Act (33 U.S.C. 1329).
(c) Peer Review.--Before submitting a report under subsection (d),
the National Academy of Sciences shall provide appropriate Federal,
State, and private sector interests an opportunity to review and submit
written comments on the report.
(d) Report.--Not later than 18 months after the date of enactment
of this Act, the National Academy of Sciences shall submit a report on
the study to the Administrator of the Environmental Protection Agency,
the Committee on Transportation and Infrastructure of the House of
Representatives, and the Committee on Environment and Public Works of
the Senate. The report shall include recommendations of the National
Academy of Sciences for improving the methodologies evaluated under the
study, as well as any recommendations received pursuant to subsection
(c) that are not otherwise incorporated into the report.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000. Such sums shall
remain available until expended.
SEC. 4. RULEMAKING.
(a) Proposed Rules Defined.--In this section, the term ``proposed
rules'' means the Proposed Revisions to the National Pollutant
Discharge Elimination System Program and Federal Antidegradation Policy
and the Proposed Revisions to the Water Quality Planning and Management
Regulations Concerning Total Maximum Daily Loads, published in the
Federal Register on August 23, 1999.
(b) Consideration of Study.--Before making a final determination
with respect to the proposed rules, the Administrator of the
Environmental Protection Agency shall--
(1) review the report submitted by the National Academy of
Sciences under section 3(d) and incorporate, as appropriate,
into the proposed rules the recommendations contained in the
report, including recommendations received pursuant to section
3(c); and
(2) publish in the Federal Register and receive public
comment on--
(A) the recommendations described in paragraph (1)
that were incorporated into the proposed rules; and
(B) the recommendations described in paragraph (1)
that were not incorporated into the proposed rules,
including an explanation of why the recommendations
were not incorporated.
(c) Effect on Proposed Rules.--The Administrator shall not make a
final determination on the proposed rules identified in subsection (a)
until the conclusion of the public notice and comment period provided
under subsection (b)(2).
(d) Prohibited Actions.--Except as specifically provided by an Act
enacted after the date of enactment of this Act, to ensure that States
continue to have exclusive authority to regulate nonpoint sources of
pollution--
(1) the Administrator shall not take any action to affect
any definition of, or distinction made between, point sources
and nonpoint sources of pollution contained in a rule of the
Environmental Protection Agency in effect on June 1, 2000; and
(2) the Administrator shall not require approval of any
measures set forth by a State to control nonpoint sources of
pollution pursuant to the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.), except as authorized by section 319
of such Act (33 U.S.C. 1329). | Requires the Administrator, before making a final determination with respect to the Proposed Revisions to the National Pollutant Discharge Elimination System Program and Federal Antidegradation Policy and the Proposed Revisions to the Water Quality Planning and Management Regulations Concerning Total Maximum Daily Loads of August 1999, to: (1) review the NAS report and incorporate recommendations into the proposed revisions; and (2) publish in the Federal Register and receive public comment on incorporated recommendations and those that weren't incorporated, with an explanation why they were not incorporated. Bars the Administrator from making such final determination until the conclusion of the public notice and comment period.
Prohibits the Administrator, for purposes of ensuring that States continue to have exclusive authority to regulate nonpoint sources of pollution, from: (1) taking any action to affect any definition of, or distinction made between, point and nonpoint sources of pollution contained in an EPA rule in effect on June 1, 2000; and (2) requiring approval of any measures set forth by a State to control nonpoint sources of pollution pursuant to the Federal Water Pollution Control Act, except as authorized under specified provisions regarding nonpoint source management programs. | {"src": "billsum_train", "title": "Water Pollution Program Improvement Act of 2000"} | 1,828 | 251 | 0.466265 | 1.443501 | 0.687822 | 5.642202 | 7.931193 | 0.926606 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Subsidies Without Verification
Act of 2015''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) On July 5, 2013, the Department of Health and Human
Services released more than 600 pages of a final rule to
implement the provisions of the Patient Protection and
Affordable Care Act and the health care provisions of the
Health Care and Education Reconciliation Act of 2010 (commonly
referred to as ``Obamacare'' or the ``ACA'').
(2) Such final rule included an announcement that the
Federal Government would no longer verify that each applicant
for premium tax credits or cost-sharing reductions for coverage
offered through an Exchange established under the Patient
Protection and Affordable Care Act are actually qualified for
such credits or reductions. Instead, the Administration would
rely on self-attestation and sample audits of a sample
population to ``protect'' the integrity of this new $1 trillion
entitlement program.
(3) The Department of Health and Human Services later
announced a change in such policy and stated it would extend
the sample population to 100 percent. This change, though
announced, was never made to the final rule, meaning there was
no guarantee to the American people that applicants would be
verified.
(4) It is estimated that not verifying eligibility for such
credits and reductions could likely equate to approximately
$250 billion in fraudulent payments through payments of such
Obamacare premium tax credits and cost-sharing reductions.
(5) The final rule provides that the Department of Health
and Human Services will offer to perform this verification
procedure for States that are establishing a State-based
Exchange, but will be unable to do so until 2015. As a result,
such States will not be required to randomly verify employer-
sponsored coverage until 2015.
(6) In order to protect taxpayers after the Department of
Health and Human Services failed to implement a new rule that
it would ensure Congress and taxpayers that verification of
eligibility would be performed, the House of Representatives
advanced legislation, H.R. 2775, the No Subsidies Without
Verification Act. This legislation would have provided the
force of law to ensure that verification would occur prior to
the issuance of any Obamacare premium tax credit or cost-
sharing reduction.
(7) On September 12, 2013, this legislation was passed in
the House of Representatives with bipartisan support by a 235
to 191 vote margin.
(8) On September 10, 2013, the Obama Administration issued
a Statement of Administration Policy to H.R. 2775 that stated
``the Administration strongly opposes House passage of H.R.
2775 because the goal of the bill is already being accomplished
while the text of the bill would create delays that could cost
millions of hard-working middle-class families the security of
affordable health coverage and care they deserve''.
(9) The Statement of Administration Policy also stated that
``H.R. 2775 is unnecessary because the Secretary of Health and
Human Services has already put in place an effective and
efficient system for verification of eligibility for premium
tax credits and cost sharing reductions.''.
(10) On October 16, 2013, the Senate removed the
verification mechanism of H.R. 2775 and replaced it with
language that required a report to Congress by the Secretary of
Health and Human Services no later than January 1, 2014.
(11) On January 1, 2014, the Department of Health and Human
Services submitted a mandated report to Congress entitled,
``Verification of Household Income and Other Qualifications for
the Provision of Affordable Care At Premium Tax Credits and
Cost-Sharing Reductions''.
(12) This report to Congress states, ``In accordance with
statute and applicable implementing regulations, when a
consumer submits an application for insurance affordability
programs (which include APTCs, CSRs, Medicaid, the Children's
Health Insurance Program (CHIP), and the Basic Health Program
(BHP)), the Exchange verifies information provided by the
consumer on the application as a component of making an
eligibility determination. The processes for verifying
information in order to determine eligibility for enrollment in
a qualified health plan (QHP) through the Exchange and for APTC
under section 36B of the Internal Revenue Code (the Code) and
CSRs under section 1402 of the ACA are specified in the ACA and
its implementing regulations. Pursuant to both statute and
applicable regulations, the Exchanges have implemented numerous
processes to carry out the verification of information provided
by applicants.''.
(13) Beginning in 2014, Federal subsidies have been made
available to help individuals purchase health insurance through
an Exchange through premium tax credits and cost-sharing
reductions. On April 2014, the Department of Health and Human
Services delayed implementation of income verification systems
in order to increase sign-ups for health care plans through the
healthcare.gov website.
(14) Various reports indicate that the internal portions of
the healthcare.gov website are yet to be finalized, thus
leaving the Department of Health and Human Services unable to
perform the verification it stated it was performing. The Obama
Administration is operating a new Federal entitlement program
that fails to prevent fraudulent subsidy claims before
administered. In doing so, the Department of Health and Human
Services has created a new ``pay and chase'' program that
places taxpayers at financial risk of fraudulent claims.
SEC. 3. DELAYING PROVISION OF ACA PREMIUM AND COST-SHARING SUBSIDIES
UNTIL ELIGIBILITY VERIFICATION PROCESS FOR SUCH SUBSIDIES
IS COMPLETE.
(a) In General.--Notwithstanding any other provision of law, in the
case of an individual with respect to whom a premium tax credit under
section 36B of the Internal Revenue Code of 1986 or reduced cost-
sharing under section 1402 of the Patient Protection and Affordable
Care Act (42 U.S.C. 18071) is being claimed, no such credit or
reduction shall be allowed before the first date of the first coverage
month beginning on or after the date on which the process to verify, in
accordance with section 1411 of the Patient Protection and Affordable
Care Act (42 U.S.C. 18081), the household income and coverage
requirements of such individual for purposes of determining eligibility
for, and the accurate amount of, such credit or reduction,
respectively, has been completed. For purposes of the previous
sentence, the verification process described in such sentence with
respect to an individual shall not be treated as complete unless a
manual or electronic review has been completed of applicable
information required to be submitted by such individual under section
1411(b) of such Act (42 U.S.C. 18081(b)) and any inconsistency of such
information with records of the Secretary of the Treasury, Secretary of
Homeland Security, or the Commissioner of Social Security has been
resolved.
(b) Treatment of Individual Mandate.--Notwithstanding any other
provision of law, no penalty shall be imposed under section 5000A of
the Internal Revenue Code of 1986 with respect to an individual for any
month--
(1) with respect to which a premium tax credit under
section 36B of the Internal Revenue Code of 1986 is being
claimed for such individual; and
(2) that begins before the date on which the verification
process described in subsection (a) has been completed, in
accordance with such subsection, with respect to such claim for
such individual.
(c) Application Provisions.--
(1) Effective date.--Subject to paragraph (2), the
provisions of this section shall apply to coverage months
beginning on or after the date of the enactment of this Act.
(2) Treatment of individuals currently receiving
subsidies.--
(A) Suspension of certain subsidies.--In the case
of an individual with respect to whom a premium tax
credit under section 36B of the Internal Revenue Code
of 1986 or reduced cost-sharing under section 1402 of
the Patient Protection and Affordable Care Act (42
U.S.C. 18071) has been claimed before the date of the
enactment of this Act and for whom such a credit or
reduction has been allowed before such date, such
allowance shall be suspended until the coverage month
described in subsection (a) with respect to such claim
for such individual.
(B) Special enrollment period.--
(i) In general.--The Secretary of Health
and Human Services shall take such steps as are
necessary to establish a special enrollment
period of 45 days, beginning on the date of
completion of the verification process
described in subsection (a), with respect to an
individual described in clause (ii), for such
individual to enroll in qualified health plans
offered through Exchanges established under
title I of the Patient Protection and
Affordable Care Act.
(ii) Individual described.--For purposes of
clause (i), an individual described in this
clause is an individual--
(I) who is enrolled in a qualified
health plan described in clause (i)
before the date of the enactment of
this Act;
(II) to whom the suspension under
subparagraph (A) applies;
(III) who terminated enrollment in
the qualified health plan during such
period of suspension; and
(IV) who, after the completion of
the verification process described in
subsection (a) with respect to such
individual, seeks to enroll in such a
qualified health plan. | No Subsidies Without Verification Act of 2015 This bill disallows the health plan premium assistance tax credit or cost-sharing reduction under the Patient Protection and Affordable Care Act before an individual's eligibility and the accurate amount of the credit or reduction is verified. Verification requires a review of the information provided by an applicant and resolution of any inconsistency between the information and the records of the Departments of the Treasury or Homeland Security or the Social Security Administration. Individuals are exempt from the penalty for not maintaining minimum essential coverage for any month for which a premium tax credit is being claimed and that begins before verification is completed. The premium tax credit and reduced cost-sharing are suspended for an individual for whom a subsidy was allowed before enactment of this Act until the individual's eligibility is verified. A special enrollment period is provided for an individual who terminated enrollment in a qualified plan during the period of suspension. | {"src": "billsum_train", "title": "No Subsidies Without Verification Act of 2015"} | 1,955 | 196 | 0.52421 | 1.581125 | 0.747516 | 2.269006 | 11.052632 | 0.935673 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veteran Urgent Access to Mental
Healthcare Act''.
SEC. 2. EXPANSION OF INITIAL AND URGENT MENTAL HEALTH CARE FOR CERTAIN
FORMER MEMBERS OF THE ARMED FORCES.
(a) In General.--Chapter 17 of title 38, United States Code, is
amended by inserting after section 1720G the following new section:
``Sec. 1720H. Provision of initial and urgent mental health care for
certain former members not otherwise eligible for care
``(a) In General.--The Secretary shall operate a program under
which the Secretary provides to former members of the Armed Forces
described in subsection (b)--
``(1) an initial mental health assessment; and
``(2) any health care services authorized under this
chapter that the Secretary determines are required to treat the
urgent mental health care needs of the former member, including
risk of suicide or harming others.
``(b) Former Members of the Armed Forces Described.--A former
member of the Armed Forces described in this subsection is an
individual who meets either of the following criteria:
``(1) The individual is a former member of the Armed
Forces, including the reserve components, who--
``(A) served in the active military, naval, or air
service, and was discharged or released therefrom under
a condition that is not honorable except--
``(i) dishonorable; or
``(ii) bad conduct by reason of the
sentence of a general court martial;
``(B) has applied for a character of service
determination and such determination has not been made;
and
``(C) is not otherwise eligible to enroll in the
health care system established by section 1705 of this
title by reason of such discharge or release not
meeting the requirements of section 101(2) of this
title.
``(2) The individual is a veteran described in section
1705(a)(8) of this title.
``(c) Contract.--In furnishing mental health care services to an
individual under this section, the Secretary may provide such mental
health care services pursuant to a contract with a qualified mental
health professional if--
``(1) in the judgment of a mental health professional
employed by the Department, the receipt of mental health care
services by that individual in facilities of the Department
would be clinically inadvisable; or
``(2) facilities of the Department are not capable of
furnishing such mental health care services to that individual
economically because of geographical inaccessibility.
``(d) Training.--In establishing a program to provide mental health
care services under subsection (a), the Secretary shall--
``(1) provide for appropriate training of mental health
professionals and such other health care personnel as the
Secretary determines necessary to carry out the program
effectively;
``(2) seek to ensure that such mental health care services
is furnished in a setting that is therapeutically appropriate,
taking into account the circumstances that resulted in the need
for such mental health care services; and
``(3) provide referral services to assist former members
who are not eligible for services under this chapter to obtain
those from sources outside the Department.
``(e) Information.--The Secretary shall provide information on the
mental health care services available under this section. Efforts by
the Secretary to provide such information--
``(1) shall include availability of a toll-free telephone
number (commonly referred to as an 800 number);
``(2) shall ensure that information about the mental health
care services available under this section--
``(A) is revised and updated as appropriate;
``(B) is made available and visibly posted at
appropriate facilities of the Department; and
``(C) is made available through appropriate public
information services; and
``(3) shall include coordination with the Secretary of
Defense seeking to ensure that members of the Armed Forces and
individuals who are being separated from active military,
naval, or air service are provided appropriate information
about programs, requirements, and procedures for applying for
mental health care services under this section.
``(f) Annual Reports.--Each year, the Secretary shall submit to
Congress an annual report on the mental health care services provided
pursuant to this section. Each report shall include data for the year
covered by the report with respect to each of the following:
``(1) The number of individuals who received mental health
care services under subsection (a), disaggregated by the number
of men who received such services and the number of women who
received such services.
``(2) Such other information as the Secretary considers
appropriate.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 17 of title 38, United States Code, is amended by inserting
after the item relating to section 1720G the following new item:
``1720H. Provision of initial and urgent mental health care not
otherwise eligible for care.''.
(c) Study on Effect of Combat Service on Suicide Rates.--
(1) Study.--The Secretary of Veterans Affairs, in
consultation with the Secretary of Defense, shall seek to enter
into a contract with an independent nongovernmental entity to
carry out a study on the effect combat service has had on
suicide rates and serious mental health issues among veterans.
To the extent practicable, such study shall--
(A) compare the rate and method of suicides among
veterans who have received mental health care services
from the Veterans Health Administration and veterans
who have not received such services from the Veterans
Health Administration; and
(B) compare the rate and method of suicides and the
incidence of serious mental health issues among
veterans who have served in combat and veterans who
have not served in combat.
(2) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall
submit to Congress a report containing the study conducted
under paragraph (1). | Veteran Urgent Access to Mental Healthcare Act This bill directs the Department of Veterans Affairs (VA) to establish a program to provide former members of the Armed Forces with: (1) an initial mental health assessment; and (2) health care services required to treat the former member's urgent mental health care needs, including risk of suicide or harming others. A former member of the Armed Forces is an individual who meets either of the following criteria: the individual is a former member of the Armed Forces, including the reserve components, who served in the active military, naval, or air service, and was discharged or released under a condition less than honorable (except a dishonorable or bad conduct discharge by reason of a general court martial), has applied for a character of service determination that has not yet been made, and is not otherwise eligible to enroll in the VA health care system by reason of such discharge or release; or the individual is a veteran not otherwise eligible for VA health care. The VA may provide such mental health care services pursuant to a contract with a qualified mental health professional if: (1) the receipt of mental health care services by an individual in VA facilities would be clinically inadvisable, or (2) VA facilities are not capable of furnishing such mental health care services to that individual economically because of geographical inaccessibility. The VA shall seek to enter into a contract with an independent nongovernmental entity to study the effect combat service has had on suicide rates and serious mental health issues among veterans. | {"src": "billsum_train", "title": "Veteran Urgent Access to Mental Healthcare Act"} | 1,284 | 319 | 0.722948 | 2.029177 | 0.851477 | 5.361204 | 4.157191 | 0.93311 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Thunder Bay National Marine
Sanctuary and Underwater Preserve Boundary Modification Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) Thunder Bay National Marine Sanctuary and Underwater
Preserve in Lake Huron contains more than 100 recorded historic
vessel losses.
(2) The areas immediately surrounding the Sanctuary,
including the offshore waters of Presque Isle and Alcona
counties, Michigan, contain an equal number of historic vessel
losses.
(3) Many of these shipwrecks and underwater cultural
resources are popular recreational diving destinations, and all
contribute to our collective maritime heritage.
(4) These resources are susceptible to damage from human
activities, and must be properly preserved for themselves and
to protect the economic viability of their contribution to
national and regional economies.
(b) Purposes.--The purposes of this Act are--
(1) to expand the Thunder Bay National Marine Sanctuary and
Underwater Preserve boundaries to encompass the offshore waters
of Presque Isle and Alcona counties, Michigan, and outward to
the international border between the United States and Canada;
and
(2) to provide the underwater cultural resources of those
areas equal protection to that currently afforded to the
Sanctuary.
SEC. 3. DEFINITIONS.
In this Act:
(1) Sanctuary.--The term ``Sanctuary'' means the Thunder
Bay National Marine Sanctuary and Underwater Preserve.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
SEC. 4. SANCTUARY BOUNDARY ADJUSTMENT.
(a) Boundary Adjustment.--Notwithstanding any provision of law or
regulation, including section 922.190 of title 15, Code of Federal
Regulations, as in effect on the date of the enactment of this Act, the
Sanctuary shall consist of the geographic area described in subsection
(b).
(b) Expanded Sanctuary Boundary.--The area referred to in
subsection (a) is all submerged lands, including the underwater
cultural resources, lake ward of the mean high water line, within the
boundaries of a line formed by connecting points in succession
beginning at a point along the mean high water line located
approximately at 45.628741N, 84.206983W (at Hammond Bay in Presque Isle
County) then due east to the international boundary between the United
States and Canada approximately located at 45.628741N, 83.163783W then
following the international boundary between the United States and
Canada in a generally southeasterly direction where it intersects
latitude 44.511111N, then due west to a point along the mean high water
line located approximately at 44.511111N, 83.318483W (in Alcona County
just south of the town of Greenbush) returning to the first point along
the mean high water line.
(c) Authority To Make Minor Adjustments.--The Secretary may make
minor adjustments to the boundary described in subsection (b) to
facilitate enforcement and clarify the boundary to public provided the
resulting boundary is consistent the purposes described in section
2(b).
(d) Inclusion in the System.--The area described in subsection (b),
as modified in accordance with subsection (c), shall be managed as part
of the National Marine Sanctuary System established by section 301(c)
of the National Marine Sanctuaries Act (16 U.S.C. 1431(c)), in
accordance with that Act.
(e) Updated NOAA Charts.--The Secretary shall--
(1) produce updated National Oceanic and Atmospheric
Administration charts for the area in which the Sanctuary is
located; and
(2) include on such charts the boundaries of the Sanctuary
described in subsection (b), as modified in accordance with
subsection (c).
SEC. 5. EXTENSION OF REGULATIONS AND MANAGEMENT.
(a) Regulations.--The regulations applicable to the Sanctuary
codified in subpart R of part 922 of title 15, Code of Federal
Regulations, as in effect on the date of the enactment of this Act,
shall apply to the geographic area added to the Sanctuary pursuant to
section 4, unless the Secretary specifies otherwise by regulation.
(b) Existing Certifications.--The Secretary may certify that any
license, permit, approval, other authorization, or right to conduct a
prohibited activity made pursuant to section 922.194 of title 15, Code
of Federal Regulations, that exists on the date of the enactment of
this Act shall apply to such an activity conducted within the
geographic area added to the Sanctuary pursuant to section 4.
(c) Date of Sanctuary Designation.--For purposes of section 922.194
of title 15, Code of Federal Regulations, the date of the enactment of
this Act shall be deemed to be the date of Sanctuary designation.
(d) Management Plan.--To the extent practicable, the Secretary
shall apply the management plan in effect for the Sanctuary of the date
of the enactment of this Act to the geographic area added to the
Sanctuary pursuant to section 4. | Thunder Bay National Marine Sanctuary and Underwater Preserve Boundary Modification Act - Expands, notwithstanding any provision of law or regulation, the boundaries of the Thunder Bay National Marine Sanctuary and Underwater Preserve in Lake Huron, located off the northeast coast of Michigan's Lower Peninsula. Requires that the expanded area be managed as part of the National Marine Sanctuary System.
Authorizes the Secretary of Commerce to certify that any license, permit, approval, other authorization, or right to conduct a prohibited activity (made pursuant to specified regulations) that exists on enactment of this Act shall apply to such an activity conducted within the area added by this Act. | {"src": "billsum_train", "title": "A bill to expand the boundaries of the Thunder Bay National Marine Sanctuary and Underwater Preserve and for other purposes."} | 1,122 | 146 | 0.499319 | 1.490639 | 0.749646 | 4.9 | 8.091667 | 0.9 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Insurance Fraud Prevention Act of
-1-9-9-3 1994''.
SEC. 2. CRIMES BY OR AFFECTING PERSONS ENGAGED IN THE BUSINESS OF
INSURANCE WHOSE ACTIVITIES AFFECT INTERSTATE COMMERCE.
(a) In General.--Chapter 47 of title 18, United States Code, is
amended by adding at the end thereof the following new sections:
``Sec. 1033. Crimes by or affecting persons engaged in the business of
insurance whose activities affect interstate commerce
``(a)(1) Whoever is engaged in the business of insurance whose
activities affect interstate commerce and knowingly, with the intent to
deceive, makes any false material statement or report or willfully and
materially overvalues any land, property or security--
``(A) in connection with any financial reports or documents
presented to any insurance regulatory official or agency or an
agent or examiner appointed by such official or agency to
examine the affairs of such person, and
``(B) for the purpose of influencing the actions of such
official or agency or such an appointed agent or examiner,
shall be punished as provided in paragraph (2).
``(2) The punishment for an offense under paragraph (1) is a fine
as established under this title or imprisonment for not more than 10
years, or both, except that the term of imprisonment shall be not more
than 15 years if the statement or report or overvaluing of land,
property, or security jeopardized the safety and soundness of an
insurer and was a significant cause of such insurer being placed in
conservation, rehabilitation, or liquidation by an appropriate court.
``(b)(1) Whoever--
``(A) acting as, or being an officer, director, agent, or
employee of, any person engaged in the business of insurance
whose activities affect interstate commerce, or
``(B) is engaged in the business of insurance whose
activities affect interstate commerce or is involved (other
than as an insured or beneficiary under a policy of insurance)
in a transaction relating to the conduct of affairs of such a
business,
willfully embezzles, abstracts, purloins, or misappropriates any of the
moneys, funds, premiums, credits, or other property of such person so
engaged shall be punished as provided in paragraph (2).
``(2) The punishment for an offense under paragraph (1) is a fine
as provided under this title or imprisonment for not more than 10
years, or both, except that if such embezzlement, abstraction,
purloining, or misappropriation described in paragraph (1) jeopardized
the safety and soundness of an insurer and was a significant cause of
such insurer being placed in conservation, rehabilitation, or
liquidation by an appropriate court, such imprisonment shall be not
more than 15 years. If the amount or value so embezzled, abstracted,
purloined, or misappropriated does not exceed $5,000, whoever violates
paragraph (1) shall be fined as provided in this title or imprisoned
not more than one year, or both.
``(c)(1) Whoever is engaged in the business of insurance and whose
activities affect interstate commerce or is involved (other than as an
insured or beneficiary under a policy of insurance) in a transaction
relating to the conduct of affairs of such a business, knowingly makes
any false entry of material fact in any book, report, or statement of
such person engaged in the business of insurance with intent to deceive
any person, including any officer, employee, or agent of such person
engaged in the business of insurance, any insurance regulatory official
or agency, or any agent or examiner appointed by such official or
agency to examine the affairs of such person, about the financial
condition or solvency of such business shall be punished as provided in
paragraph (2).
``(2) The punishment for an offense under paragraph (1) is a fine
as provided under this title or imprisonment for not more than 10
years, or both, except that if the false entry in any book, report, or
statement of such person jeopardized the safety and soundness of an
insurer and was a significant cause of such insurer being placed in
conservation, rehabilitation, or liquidation by an appropriate court,
such imprisonment shall be not more than 15 years.
``(d) Whoever, by threats or force or by any threatening letter or
communication, corruptly influences, obstructs, or impedes or endeavors
corruptly to influence, obstruct, or impede the due and proper
administration of the law under which any proceeding involving the
business of insurance whose activities affect interstate commerce is
pending before any insurance regulatory official or agency or any agent
or examiner appointed by such official or agency to examine the affairs
of a person engaged in the business of insurance whose activities
affect interstate commerce, shall be fined as provided in this title or
imprisoned not more than 10 years, or both.
``(e)(1)(A) Any individual who has been convicted of any criminal
felony involving dishonesty or a breach of trust, or who has been
convicted of an offense under this section, and who willfully engages
in the business of insurance whose activities affect interstate
commerce or participates in such business, shall be fined as provided
in this title or imprisoned not more than 5 years, or both.
``(B) Any individual who is engaged in the business of insurance
whose activities affect interstate commerce and who willfully permits
the participation described in subparagraph (A) shall be fined as
provided in this title or imprisoned not more than 5 years, or both.
``(2) A person described in paragraph (1)(A) may engage in the
business of insurance or participate in such business if such person
has the written consent of any insurance regulatory official authorized
to regulate the insurer, which consent specifically refers to this
subsection.
``(f) As used in this section--
``(1) the term `business of insurance' means--
``(A) the writing of insurance, or
``(B) the reinsuring of risks,
by an insurer, including all acts necessary or incidental to
such writing or reinsuring and the activities of persons who
act as, or are, officers, directors, agents, or employees of
insurers or who are other persons authorized to act on behalf
of such persons;
``(2) the term `insurer' means any entity the business
activity of which is the writing of insurance or the reinsuring
of risks, and includes any person who acts as, or is, an
officer, director, agent, or employee of that business;
``(3) the term `interstate commerce' means--
``(A) commerce within the District of Columbia, or
any territory or possession of the United States;
``(B) all commerce between any point in the State,
territory, possession, or the District of Columbia and
any point outside thereof;
``(C) all commerce between points within the same
State through any place outside such State; or
``(D) all other commerce over which the United
States has jurisdiction; and
``(4) the term `State' includes any State, the District of
Columbia, the Commonwealth of Puerto Rico, the Northern Mariana
Islands, the Virgin Islands, American Samoa, and the Trust
Territory of the Pacific Islands.
``Sec. 1034. Civil penalties and injunctions for violations of section
1033
``(a) The Attorney General may bring a civil action in the
appropriate United States district court against any person who engages
in conduct constituting an offense under section 1033 and, upon proof
of such conduct by a preponderance of the evidence, such person shall
be subject to a civil penalty of not more than $50,000 for each
violation or the amount of compensation which the person received or
offered for the prohibited conduct, whichever amount is greater. If the
offense has contributed to the decision of a court of appropriate
jurisdiction to issue an order directing the conservation,
rehabilitation, or liquidation of an insurer, such penalty shall be
remitted to the appropriate regulatory official for the benefit of the
policyholders, claimants, and creditors of such insurer. The imposition
of a civil penalty under this subsection does not preclude any other
criminal or civil statutory, common law, or administrative remedy,
which is available by law to the United States or any other person.
``(b) If the Attorney General has reason to believe that a person
is engaged in conduct constituting an offense under section 1033, the
Attorney General may petition an appropriate United States district
court for an order prohibiting that person from engaging in such
conduct. The court may issue an order prohibiting that person from
engaging in such conduct if the court finds that the conduct
constitutes such an offense. The filing of a petition under this
section does not preclude any other remedy which is available by law to
the United States or any other person.''.
(b) Clerical Amendment.--The table of sections for chapter 47 of
such title is amended by adding at the end the following new items:
``1033. Crimes by or affecting persons engaged in the business of
insurance whose activities affect
interstate commerce.
``1034. Civil penalties and injunctions for violations of section
1033.''.
SEC. 3. MISCELLANEOUS AMENDMENTS TO TITLE 18, UNITED STATES CODE.
(a) Tampering With Insurance Regulatory Proceedings.--Section
1515(a)(1) of title 18, United States Code, is amended--
(1) by striking ``or'' at the end of subparagraph (B);
(2) by inserting ``or'' at the end of subparagraph (C); and
(3) by adding at the end thereof the following new
subparagraph:
``(D) a proceeding involving the business of
insurance whose activities affect interstate commerce
before any insurance regulatory official or agency or
any agent or examiner appointed by such official or
agency to examine the affairs of any person engaged in
the business of insurance whose activities affect
interstate commerce; or''.
(b) Limitations.--Section 3293 of such title is amended by
inserting ``1033,'' after ``1014,''.
(c) Obstruction of Criminal Investigations.--Section 1510 of title
18, United States Code, is amended by adding at the end the following
new subsection:
``(d)(1) Whoever--
``(A) acting as, or being, an officer, director, agent or
employee of a person engaged in the business of insurance whose
activities affect interstate commerce, or
``(B) is engaged in the business of insurance whose
activities affect interstate commerce or is involved (other
than as an insured or beneficiary under a policy of insurance)
in a transaction relating to the conduct of affairs of such a
business,
with intent to obstruct a judicial proceeding, directly or indirectly
notifies any other person about the existence or contents of a subpoena
for records of that person engaged in such business or information that
has been furnished to a Federal grand jury in response to that
subpoena, shall be fined as provided by this title or imprisoned not
more than 5 years, or both.
``(2) As used in paragraph (1), the term `subpoena for records'
means a Federal grand jury subpoena for records that has been served
relating to a violation of, or a conspiracy to violate, section 1033 of
this title.''. | Insurance Fraud Prevention Act of 1994 - Amends the Federal criminal code to establish penalties to be imposed upon any person engaged in the business of insurance whose activities affect commerce and who: (1) knowingly, with intent to deceive, makes a materially false statement or report or willfully and materially overvalues land, property, or security in connection with reports or documents presented to an insurance regulatory official or agency, or to any agent or examiner (official) appointed to examine the affairs of such person for the purpose of influencing in any way the actions of such official; (2) willfully embezzles or misappropriates funds or property while acting as an officer, director, agent, or employee (officer) of such person; (3) knowingly makes a false entry of material fact in any book, report, or statement of such person with intent to deceive any person about the financial condition or solvency of such business; and (4) by threats or force, corruptly influences, obstructs, or endeavors corruptly to influence or obstruct the proper administration of the law under which a proceeding (involving the business of insurance whose activities affect interstate commerce) is pending before an insurance regulatory official appointed to examine the affairs of such person.
Authorizes the Attorney General to seek civil penalties and injunctions for violations of this Act.
Sets penalties for obstructing criminal investigations with respect to the prosecution of cases of insurance fraud. | {"src": "billsum_train", "title": "Insurance Fraud Prevention Act of 1994"} | 2,540 | 314 | 0.687138 | 2.264813 | 0.890821 | 4.066914 | 8.791822 | 0.951673 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Court of Veterans Appeals Amendments
of 1997''.
TITLE I--COMPARABILITY
SEC. 101. AUTHORITY TO PRESCRIBE RULES AND REGULATIONS.
Section 7254 of title 38, United States Code, is amended by adding
at the end thereof the following new subsection:
``(f) The Court shall have the authority to prescribe rules and
regulations that are necessary or appropriate to carry out the
provisions of subchapters III and V of chapter 72 of this title and
that are consistent with such chapter and any other applicable
provision of law.''.
SEC. 102. CALCULATION OF YEARS OF SERVICE AS A JUDGE.
Section 7296(b) of title 38, United States Code, is amended by
adding at the end thereof the following new paragraph:
``(4) For purposes of calculating the years of service of an
individual under this subsection and subsection (c), only those years
of service as a judge of the Court shall be credited, and that portion
of the aggregate number of years of such service that is a fractional
part of 1 year shall not be credited if it is less than 6 months, and
shall be credited if it is 6 months or more.''.
SEC. 103. LIMITATION ON COST-OF-LIVING ADJUSTMENT TO RETIRED PAY.
Section 7296 of title 38, United States Code, is amended by adding
at the end thereof the following new subsection:
``(l) Notwithstanding any other provision of law, cost-of-living
adjustments made or accruing to any retired pay that is paid under this
section shall not result in such retired pay exceeding the rate of pay
in effect under section 7253(e) of this title for a judge performing
active service.''.
SEC. 104. SURVIVOR ANNUITIES.
(a) Election To Participate.--Section 7297(b) of title 38, United
States Code, is amended in the first sentence by inserting before the
period ``or within 6 months after the date on which the judge marries
if the judge has retired under section 7296 of this title''.
(b) Reduction of Contributions of Active Judges.--(1) Section
7297(c) of title 38, United States Code, is amended by striking out
``3.5 percent of the judge's pay'' and inserting in lieu thereof ``2.2
percent of the judge's salary received under section 7253(e) of this
title, 3.5 percent of the judge's retired pay received under section
7296 of this title when the judge is not serving in recall status under
section 7257 of this title, and 2.2 percent of the judge's retired pay
received under such section 7296 when the judge is serving in recall
status under such section 7257''.
(2) The amendment made by this subsection shall take effect on the
first day of the first pay period beginning on or after January 1,
1995.
(c) Interest Payments.--Section 7297(d) of title 38, United States
Code, is amended--
(1) by inserting ``(1)'' after ``(d)''; and
(2) by adding at the end thereof the following new
paragraph:
``(2) If a judge has previously performed a period of service as a
judge, or has performed service as a judicial official as defined under
section 376(a)(1) of title 28, a Member of Congress, or a congressional
employee, the interest required under the first sentence of paragraph
(1) shall not be required for any period--
``(A) during which a judge was separated from all such
service; and
``(B) during which the judge was not receiving retired pay
or a retirement annuity based on service as a judge or as a
judicial official.''.
(d) Service Eligibility.--(1) Section 7297(f) of title 38, United
States Code, is amended--
(A) in paragraph (1) in the matter preceding subparagraph
(A)--
(i) by striking out ``at least 5 years'' and
inserting in lieu thereof ``at least 18 months''; and
(ii) by striking out ``last 5 years'' and inserting
in lieu thereof ``last 18 months''; and
(B) by adding at the end thereof the following new
paragraph:
``(5) If a judge dies as a result of an assassination and leaves a
survivor or survivors who are entitled to receive annuity benefits
under this section, the matter in paragraph (1) preceding subparagraph
(A) shall not apply.''.
(2) Section 7297(a) of title 38, United States Code, is
amended--
(A) by inserting ``who is in active service or who
has retired under section 7296 of this title'' after
``Court'' in paragraph (2);
(B) by striking ``(c)'' in paragraph (3);
(C) by redesignating paragraphs (1) through (3) as
paragraphs (2) through (4), respectively; and
(D) by inserting before paragraph (2) (as
redesignated by clause (C) of this paragraph) the
following new paragraph:
``(1) The term `assassination' means the killing of a judge that is
motivated by the performance by that judge of the judge's official
duties.''.
(e) Age Requirement of Surviving Spouse.--Section 7297(f)(1)(A) of
title 38, United States Code, is further amended by striking out ``or
following the surviving spouse's attainment of the age of 50 years,
whichever is later''.
(f) COLA for Survivor Annuities.--Section 7297(o) of title 38,
United States Code, is amended to read as follows:
``(o) Each survivor annuity payable from the retirement fund shall
be increased at the same time as, and by the same percentage by which,
annuities payable from the Judicial Survivors' Annuities Fund are
increased pursuant to section 376(m) of title 28.''.
SEC. 105. EXEMPTION OF RETIREMENT FUND FROM SEQUESTRATION ORDERS.
Section 7298 of title 38, United States Code, is amended by adding
at the end the following new subsection:
``(g) For purpose of section 255(g)(1)(B) of the Balanced Budget
and Emergency Deficit Control Act of 1985 (2 U.S.C. Sec. 905(b)(1)(B)),
the retirement fund shall be treated in the same manner as the Court of
Federal Claims Judges' Retirement Fund.''.
SEC. 106. LIMITATION ON ACTIVITIES OF RETIRED JUDGES.
(a) In General.--Chapter 72 of title 38, United States Code (as
amended by this Act), is further amended by adding at the end thereof
the following new section:
``Sec. 7299. Limitation on activities of retired judges
``Any judge of the Court of Appeals for Veterans Claims who retires
from the Court under section 7296 of this title or under chapter 83 or
84 of title 5 and who thereafter in the practice of law represents (or
supervises or directs the representation of) a client in making any
civil claim relating to veterans' benefits against the United States or
any agency thereof shall forfeit all rights to retired pay under such
provisions for any period during which the judge engages in any such
activity and for one year immediately following the cessation of such
activity.''
(b) Technical and Conforming Amendment.--The table of sections for
chapter 72 of title 38, United States Code, is amended by adding at the
end thereof the following:
``7299. Limitation on activities of retired judges.''.
TITLE II--STAGGERED RETIREMENT AND RECALL PROVISIONS
SEC. 201. STAGGERED RETIREMENT.
(a) Eligibility.--One individual each year shall be eligible to
retire under this section starting in the year 1999 and ending in the
year 2003. An individual is eligible to retire under this section, if
the individual, at the time of retirement,
(1) is an associate judge of the United States Court of
Appeals for Veterans Claims (as renamed by title III of this
Act) who has at least 10 years of service creditable under
section 7296 of title 38, United States Code;
(2) has made an election to receive retired pay under
section 7296 of such title;
(3) has at least 20 years of service allowable under
section 7297(l) of such title;
(4) is at least fifty-five years of age;
(5) has years of age, years of service creditable under
section 7296 of such title, and years of service allowable
under section 7297(l) of such title not creditable under
section 7296 of such title, that total at least 80; and
(6) has the greatest seniority as a judge of the United
States Court of Appeals for Veterans Claims (as renamed by
Title III of this Act) of the judges who provide notification
in accordance with subsection (b).
(b) Notification.--A judge who desires to retire under subsection
(c) shall provide the President of the United States and the chief
judge of the United States Court of Appeals for Veterans Claims (as
renamed by Title III of this Act) with written notification to that
effect not later than April 1 of any year specified in subsection (a).
Such notification shall specify the retirement date in accordance with
subsection (c). Notification provided under this subsection shall be
irrevocable.
(c) Retirement.--A judge who is eligible to retire under subsection
(a) shall retire during the fiscal year in which notification is
provided pursuant to subsection (b), but, in no event, earlier than 90
days after such notification is provided. Notwithstanding any other
provision of law, such judge shall be deemed, for all purposes, to be
retiring under section 7296(b)(1) of title 38, United States Code,
except that, the rate of retired pay for a judge retiring under this
section shall, on the date of such judge's separation from service, be
equal to the rate described in section 7296(c)(1) of such title
multiplied by the percentage represented by the fraction in which the
numerator is the sum of the number represented by years of service as a
judge of the United States Court of Appeals for Veterans Claims (as
renamed by Title III of this Act) creditable under section 7296 of such
title and the age of such judge, and the denominator is 80.
(d) Duty of Actuary.--Section 7298(e)(2) of title 38, United States
Code, is amended--
(1) by redesignating subparagraph (C) as subparagraph (D);
and
(2) by adding the following new subparagraph:
``(C) For purposes of subparagraph (B) of this
paragraph, notwithstanding any other provision of law,
`present value' includes a value determined by an
actuary with respect to a payment that may be made
under subsection (b) from the retirement fund within
the contemplation of law.''
SEC. 202. RECALL OF RETIRED JUDGES.
(a) In General.--Chapter 72 of title 38, United States Code (as
amended by section 102 of this Act), is further amended by inserting
after section 7256 the following new section:
``Sec. 7257. Recall of retired judges of the Court of Appeals for
Veterans Claims
``(a) A judge of the Court of Appeals for Veterans Claims who has
retired from the Court under the provisions of section 7296 of this
title or the provisions of chapter 83 or 84 of title 5 shall be
eligible for recall upon providing the chief judge of the Court of
Appeals for Veterans Claims with written notification to that effect.
In the event of a vacancy in the position of associate judge of the
Court or otherwise as necessary to meet anticipated case workload, the
chief judge may recall such a judge upon written certification by the
chief judge that substantial service is expected to be performed by the
eligible judge for such period as determined by the chief judge to be
necessary to meet the needs of the Court, and to which certification
the eligible judge agrees in writing.
``(b) A judge recalled under this section may exercise all of the
powers and duties of the office of a judge in active service.
``(c) A judge recalled under this section shall be paid pay, during
the period for which the judge serves in recall status, at the rate of
pay in effect under section 7253(e) of this title for a judge
performing active service, less the amount the judge is paid in retired
pay under section 7296 of this title or an annuity under the applicable
provisions of chapter 83 or 84 of title 5.
``(d) Except as provided in subsection (c), a judge recalled under
this section who retired under the applicable provisions of title 5
shall be considered to be a reemployed annuitant under chapter 83 or
84, as applicable, of title 5.
``(e) Nothing in this section shall affect the right of a judge who
retired under the provisions of chapter 83 or 84 of title 5 to serve
otherwise as a reemployed annuitant in accordance with the provisions
of title 5.''
(b) Technical and Conforming Amendment.--The table of sections for
chapter 72 of title 38, United States Code (as amended by section
106(b) of this Act), is further amended by inserting after the item
relating to section 7256 the following:
``7257. Recall of retired judges of the Court of Veterans Appeals.''.
TITLE III--RENAMING PROVISIONS
SEC. 300. REFERENCES TO TITLE 38, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in section 301 an
amendment or repeal is expressed in terms of an amendment, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of title 38, United States
Code.
SEC. 301. RENAMING OF THE COURT OF VETERANS APPEALS.
(a) In General.--The United States Court of Veterans Appeals shall
hereafter be known and designated as the United States Court of Appeals
for Veterans Claims.
(2) Section 7251 is amended by striking out ``United States Court
of Veterans Appeals'' and inserting in lieu thereof ``United States
Court of Appeals for Veterans Claims''.
(b) Conforming Amendments.--
(1) The following sections are amended by striking out
``Court of Veterans Appeals'' each place it appears and
inserting in lieu thereof ``Court of Appeals for Veterans
Claims'': sections 5904, 7101(b), 7252(a), 7253, 7254, 7255,
7256, 7261, 7262, 7263, 7264, 7266(a)(1), 7267(a), 7268(a),
7269, 7281(a), 7282(a), 7283, 7284, 7285(a), 7286, 7291, 7292,
7296, 7297, and 7298.
(2)(A)(i) The heading of section 7286 is amended to read as
follows:
``Sec. 7286. Judicial Conference of the Court of Appeals for Veterans
Claims''.
(ii) The item relating to section 7286 in the table of
sections at the beginning of chapter 72 (as amended by sections
106(b) and 202(b) of this Act) is further amended to read as
follows:
``7286. Judicial Conference of the Court of Appeals for Veterans
Claims.''.
(B)(i) The heading of section 7291 is amended to read as
follows:
``Sec. 7291. Date when Court of Appeals for Veterans Claims decision
becomes final''.
(ii) The item relating to section 7291 in the table of
sections at the beginning of chapter 72 (as amended by sections
106(b), 202(b), and subsection (b)(2)(A)(ii) of this section)
is further amended to read as follows:
``7291. Date when Court of Appeals for Veterans Claims decision becomes
final.''.
(C)(i) The heading of section 7298 is amended to read as
follows:
``Sec. 7298. Court of Appeals for Veterans Claims Retirement Fund''.
(ii) The item relating to section 7298 in the table of
sections at the beginning of chapter 72 (as amended by sections
106(b), 202(b), and subsection (b)(2)(A)(ii) and (B)(ii) of
this section) is further amended to read as follows:
``7298. Court of Appeals for Veterans Claims Retirement Fund.''.
(3) The item relating to chapter 72 in the table of
chapters at the beginning of title 38 and the item relating to
such chapter in the table of chapters at the beginning of part
V are amended to read as follows:
``72. United States Court of Appeals for Veterans Claims.......7251.''.
(c) Conforming Amendments to Other Laws.--
(1) The following provisions of law are amended by striking
out ``Court of Veterans Appeals'' each place it appears and
inserting in lieu thereof ``Court of Appeals for Veterans
Claims'':
(A) Section 8440d of title 5, United States Code.
(B) Section 2412 of title 28, United States Code.
(C) Section 906 of title 44, United States Code.
(D) Section 109 of the Ethics in Government Act of
1978 (5 U.S.C. App.).
(2)(A) The heading of section 8440d of title 5, United
States Code, is amended to read as follows:
``Sec. 8440d. Judges of the United States Court of Appeals for Veterans
Claims''.
(B) The item relating to such section in the table of
sections at the beginning of chapter 84 of such title is
amended to read as follows:
``8440d. Judges of the United States Court of Appeals for Veterans
Claims.''.
(d) Other Legal References.--Any reference in a law, regulation,
document, paper, or other record of the United States to the United
States Court of Veterans Appeals shall be deemed to be a reference to
the United States Court of Appeals for Veterans Claims. | TABLE OF CONTENTS:
Title I: Comparability
Title II: Staggered Retirement and Recall Provisions
Title III: Renaming Provisions
Court of Veterans Appeals Amendments of 1997 -
Title I: Comparability
- Authorizes the Court of Veterans Appeals (Court) to prescribe necessary or appropriate rules and regulations.
Requires a portion of a year of six months or more served as a Court judge to be credited toward years of service and a portion less than six months to not be credited.
Prohibits a cost-of-living adjustment to the retired pay of a Court judge if the adjustment would cause the retired pay to exceed the rate of pay of a judge performing active service.
Allows a Court judge to elect to participate in a survivor annuity within six months after marriage if such judge has retired. Reduces the percentage of pay reduction required of active judges as contributions toward retirement annuities.
Prohibits interest payments on retirement pay deductions in the case of Court judges for any period during which such judges: (1) were separated from judicial service or service as a member of Congress or congressional employee; and (2) were not receiving retired pay or annuities based on such service.
Allows a survivor annuity to be paid to the survivors of a judge who dies after having rendered at least 18 months (currently five years) of creditable civilian service. Allows a survivor annuity without a creditable service requirement in the case of a judge who dies of an assassination. Repeals a current requirement that a surviving spouse be at least 50 years of age before receiving such annuity. Increases such annuities at the same time and by the same percentage by which annuities payable from the Judicial Survivors' Annuity Fund are increased.
Exempts the Court of Veterans Appeals Retirement Fund from sequestration under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).
Provides a forfeiture of retired pay rights and benefits in the case of any Court judge who, after retirement, represents a client in a civil claim relating to veterans' benefits.
Title II: Staggered Retirement and Recall Provisions
- Allows only one individual each year to retire as a Court judge in the years 1999 through 2003. Provides retirement requirements, including age and years of service. Requires a judge to: (1) notify the President and the Court's chief judge of the intent to retire; and (2) retire during the fiscal year in which notification is provided but not earlier than 90 days after such notification is provided.
Makes a retired Court judge eligible for recall upon providing the chief judge with written notification. Allows the chief judge to recall such a judge due to a vacancy or otherwise to meet case workloads.
Title III: Renaming Provisions
- Renames the Court as the United States Court of Appeals for Veterans Claims. | {"src": "billsum_train", "title": "Court of Veterans Appeals Amendments of 1997"} | 4,177 | 665 | 0.563306 | 1.779482 | 0.700585 | 2.604651 | 6.611807 | 0.872987 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Weakfish Conservation Act of 1993''.
SEC. 2. IMPROVED COOPERATIVE FISHERY MANAGEMENT PROGRAM FOR WEAKFISH.
(a) Short Title.--Section 1 of the Atlantic Striped Bass
Conservation Act (16 U.S.C. 1851 note) is amended by inserting ``and
Weakfish'' after ``Bass''.
(b) Findings and Purposes.--Section 2 of the Atlantic Striped Bass
Conservation Act (16 U.S.C. 1851 note) is amended--
(1) by inserting ``and weakfish'' after ``bass'' each place
it appears;
(2) in paragraph (3)--
(A) by striking ``range of the Atlantic striped
bass,'' and inserting ``range of either Atlantic
striped bass or weakfish'', and
(B) by striking ``the species'' and inserting
``these species''; and
(3) in paragraph (4) by striking ``this species'' and
inserting ``these species''.
(c) Definitions.--Section 3 of the Atlantic Striped Bass
Conservation Act (16 U.S.C. 1851 note) is amended--
(1) in paragraph (4) by striking subparagraph (A) and
inserting the following:
``(A)(i) for purposes of section 4, Pennsylvania
and each State of the United States bordering on the
Atlantic Ocean north of the State of South Carolina; or
``(ii) for purposes of section 8, Pennsylvania and
each State bordering on the Atlantic Ocean.'';
(2) in paragraph (6) by inserting ``or weakfish'' after
``bass'' each place it appears;
(3) in paragraph (7) by inserting ``for Atlantic striped
bass'' after ``fishing''; and
(4) by adding at the end the following:
``(10) The term `weakfish' means members of a stock or
population of the species Cynoscion regalis, commonly referred
to as `seatrout'.
``(11) The term `Weakfish Plan' means the Interstate
Fisheries Management Plan for Weakfish, dated October 1985,
prepared by the Commission, and all amendments thereto related
to fishing for weakfish that are formally adopted as an
amendment to the Weakfish Plan of October 1985.''.
(d) Clarification of Existing Commission Functions.--Section 4 of
the Atlantic Striped Bass Conservation Act (16 U.S.C. 1851 note) is
amended--
(1) by striking the heading for the section and inserting
the following:
``SEC. 4. ATLANTIC STRIPED BASS CONSERVATION.'';
(2) in the heading for subsection (a) by inserting ``of
Striped Bass Plan'' after ``Enforcement''.
(e) Improved Cooperation Among Coastal States for the Management of
Weakfish.--Section 8 of the Atlantic Striped Bass Conservation Act (16
U.S.C. 1851 note) is amended to read as follows:
``SEC. 8. WEAKFISH CONSERVATION.
``(a) Monitoring of Implementation and Enforcement of Weakfish
Plan.--
``(1) Determination of implementation and enforcement.--By
January 1, 1994, and annually thereafter, and at any other time
that the Commission considers it necessary, the Commission
shall determine whether--
``(A) each coastal State has adopted all regulatory
measures necessary to fully implement the Weakfish Plan
in its coastal waters; and
``(B) the enforcement of the Weakfish Plan by each
such coastal State is satisfactory.
``(2) Consultation.--If a fishery management plan for
weakfish is in effect under title III of the Magnuson Act, the
Commission shall consult with the regional fishery management
councils which prepared such plan in making a determination
under paragraph (1)(A).
``(3) Satisfactory enforcement.--Enforcement by a coastal
State shall not be considered satisfactory by the Commission
for purposes of paragraph (1)(B) if the Commission determines
that the enforcement is being carried out in such a manner that
the implementation of the Weakfish Plan within the coastal
waters of that coastal State is being, or will likely be,
substantially or adversely affected.
``(4) Notification of secretary.--The Commission shall
immediately notify the Secretaries of each negative
determination made by it under paragraph (1).
``(b) Secretarial Action After Notification.--
``(1) In general.--Within 30 days after notification from
the Commission under subsection (a)(4) that a coastal State has
not taken the action described in paragraph (1) of that
subsection, the Secretaries--
``(A) shall determine jointly whether the coastal
State is in compliance with the Weakfish Plan; and
``(B) declare jointly a moratorium on fishing for
weakfish in the coastal waters of the coastal State, if
they determine that the State is not in compliance with
the Weakfish Plan.
``(2) Considerations.--In making determinations under
paragraph (1)(A) for a coastal State, the Secretaries shall
carefully consider and review the comments of--
``(A) the Commission;
``(B) the appropriate regional fishery management
councils under the Magnuson Act; and
``(C) the coastal State.''.
(f) Moratorium.--Section 5 of the Atlantic Striped Bass
Conservation Act (16 U.S.C. 1851 note) is amended--
(1) in subsection (a)(1) by inserting ``or section 8(b)''
after ``(4)(b)''; and
(2) in subsection (a)(2)--
(A) by inserting ``a'' before ``moratorium'' the
second place it appears; and
(B) by inserting ``or section 8(b)'' after
``4(b)'';
(3) in subsection (b)(1)--
(A) by inserting ``for the fishery resource that is
subject to the moratorium'' after ``fishing''; and
(B) by striking ``the'' and inserting ``(a)'';
(4) in subsection (b)(2) by inserting ``or weakfish'' after
``bass'';
(5) in subsection (b)(3)--
(A) by inserting ``or weakfish'' after ``bass'';
and
(B) by inserting ``or section 8(b), respectively,''
after ``4(b)'';
(6) in subsection (b)(4)--
(A) by inserting ``or Weakfish'' after ``bass''
each place it appears; and
(B) by striking ``the'' the second place it appears
and inserting ``(a)'';
(7) in subsection (d)(2) by inserting a close parenthesis
after ``1806(c)-(e)'';
(8) in subsection (e)(1)--
(A) by inserting after ``(1)'' the following: ``In
general.--'';
(B) by moving paragraph (1) down so as to begin on
the line below the heading for subsection (e);
(C) by moving paragraph (1) 2 ems to the right, so
that the left margin of the paragraph is aligned with
the left margins of paragraphs (2) and (3); and
(D) by inserting ``or section 8(b)'' after
``4(b)''; and
(9) in subsection (e)(2) by inserting ``or section 8(b)''
after ``4(b)''.
(g) Conforming Amendments.--The Atlantic Striped Bass Conservation
Act (16 U.S.C. 1851 note) is amended by striking ``Plan'' each place it
appears and inserting ``Striped Bass Plan''.
(h) Effective Date.--Notwithstanding section 9 of the Atlantic
Striped Bass Conservation Act, section 8 of such Act, as amended by
this Act, shall take effect on the date of the enactment of this Act. | Weakfish Conservation Act of 1993 - Amends the Atlantic Striped Bass Conservation Act to apply such Act, including prohibitions on fishing during a moratorium period, to weakfish.
Directs the Atlantic States Marine Fisheries Commission to determine whether: (1) each coastal State has adopted measures necessary to implement the Interstate Fisheries Management Plan for Weakfish (dated 1985) in its coastal waters; and (2) the enforcement by the Plan by each State is satisfactory.
Requires the Secretaries of Commerce and the Interior to declare a moratorium on fishing for weakfish in States that are not in compliance with the Plan. | {"src": "billsum_train", "title": "Weakfish Conservation Act of 1993"} | 1,853 | 131 | 0.646441 | 1.612152 | 0.516606 | 2.745614 | 13.982456 | 0.885965 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Border Security and Employee
Verification Improvement Act of 2010''.
SEC. 2. INCREASE IN BORDER PATROL AGENTS.
(a) Annual Increases.--The Secretary of Homeland Security shall,
subject to the availability of appropriations for such purpose,
increase the number of positions for full-time active-duty Border
Patrol agents within the Department of Homeland Security (above the
number of positions for which funds were appropriated for the preceding
fiscal year), by--
(1) 2,000 in fiscal year 2011;
(2) 2,000 in fiscal year 2012; and
(3) 2,000 in fiscal year 2013.
(b) Allocations.--Of the Border Patrol agents specified in
subsection (a), 100 percent shall be deployed along the southern border
of the United States.
SEC. 3. INFRASTRUCTURE IMPROVEMENTS.
The Secretary of Homeland Security shall, as the case may be and
subject to the availability of appropriations for such purposes,
construct or purchase--
(1) office facilities to accommodate additional Border
Patrol agents;
(2) sport utility vehicles or all terrain vehicles for such
agents;
(3) additional fencing in urban areas of the southern
border of the United States; and
(4) vehicle barriers to support, not replace, manpower in
rural and remote areas of the southern border of the United
States to achieve operational control of such border.
SEC. 4. TWO-LAYERED REINFORCED FENCING ALONG THE SOUTHERN BORDER OF THE
UNITED STATES.
(a) In General.--Section 102(b)(1)(A) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) is
amended to read as follows:
``(A) Two-layered reinforced fencing.--
``(i) In general.--In carrying out
subsection (a), the Secretary of Homeland
Security shall construct two layers of
reinforced physical fencing along not fewer
than 150 miles of the southern border of the
United States where such fencing would be most
practical and effective to deter and prevent
unlawful border crossings.
``(ii) Border patrol access road.--The two-
layered reinforced physical fencing required
under clause (i) shall be separated by a Border
Patrol access road.
``(iii) Construction deadline.--
``(I) In general.--Not later than
three years after the date of the
enactment of this subparagraph, the
Secretary of Homeland Security shall
ensure the completion of the
construction of the two-layered
reinforced fencing required under
clause (i) and the construction of the
Border Patrol access road required
under clause (ii).
``(II) Report.--If the Secretary of
Homeland Security is unable to complete
the construction of such fencing and
access road by the date specified in
subclause (I), the Secretary shall
submit to Congress a report describing
why such construction was not so
completed.
``(iv) Prohibition on preexisting fencing
to satisfy mileage requirement.--In carrying
out clause (i), the Secretary of Homeland
Security may not consider fencing along the
southern border of the United States in
existence on the date of the enactment of this
subparagraph for purposes of satisfying the
mileage requirement specified in such
clause.''.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall submit
to the Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs of the
Senate a report containing a plan for construction of a physical fence
along the entire southern border of the United States and including the
following information:
(1) The amount of fencing (measured in miles) necessary to
complete such plan.
(2) A timeline for completion of such plan.
(3) An identification of high-traffic areas that are
prioritized for such construction.
(4) Additional resources needed from Congress relating to
such construction.
SEC. 5. STUDY ON E-VERIFY PROGRAM.
Not later than 180 days after the date of enactment of this Act,
the Secretary of Homeland Security shall conduct a study on the E-
Verify Program established under title IV of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note).
The study shall include the following:
(1) The number of employers that voluntarily participate in
the E-Verify Program.
(2) The number of employers required by law to participate
in the E-Verify Program.
(3) The number of employers that, while fully participating
in the E-Verify program, employed unauthorized aliens (as such
term is defined in section 274A(h)(3) of the Immigration and
Nationality Act (8 U.S.C. 1324a(h)(3))).
(4) A determination by the Secretary as to the feasibility
of improving the E-Verify Program by incorporating additional
sources of information, including--
(A) the databases and resources used by United
States Immigration and Customs Enforcement in an I-9
audit;
(B) State-owned databases and information from
State documents; and
(C) information about reported lost or stolen
identities.
(5) A determination by the Secretary as to whether existing
legal protections for employers who properly participate in the
E-Verify program are sufficient to fully protect them from
civil or criminal liability for the employment of unauthorized
aliens (as such term is defined in section 274A(h)(3) of the
Immigration and Nationality Act (8 U.S.C. 1324a(h)(3))). | Border Security and Employee Verification Improvement Act of 2010 - Provides for: (1) an increase of full-time active-duty Border Patrol personnel along the southern border for each of FY2011-FY2013; and (2) Border Patrol infrastructure improvements along such border.
Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to require the Secretary of Homeland Security (DHS) to: (1) construct two layers of reinforced fencing along at least 150 miles (in addition to any existing fencing) of the southern border; and (2) complete such work within three years.
Directs the Secretary to conduct a study of the E-Verify Program. | {"src": "billsum_train", "title": "To provide for improved border security and to ensure that employers that participate in the E-Verify Program are not subject to unjustified penalties."} | 1,214 | 134 | 0.612487 | 1.727281 | 0.680123 | 2.9375 | 8.835938 | 0.890625 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Diabetes Screening and Medicaid
Savings Act of 2007''.
SEC. 2. IMPROVEMENT OF DIABETES SCREENING AND TREATMENT UNDER MEDICAID.
(a) Diabetes Screening Tests for Adult Enrollees With Diabetes Risk
Factors.--Section 1905(a)(4) of the Social Security Act (42 U.S.C.
1396d(a)(4)) is amended--
(1) in subsection (a)(4)--
(A) by striking ``and'' before ``(C)''; and
(B) by inserting after the semicolon at the end the
following ``and (D) diabetes screening tests (as
defined in section 1861(yy)(1)) for an individual at
risk for diabetes (as defined in subsection (y)) at
such intervals as are consistent with the requirements
of subparagraph (B), or in the case of an individual 21
years of age or older, standards established by the
Secretary under section 1861(yy)(3);''; and
(2) by adding at the end the following new subsection:
``(y) For purposes of subsection (a)(4)(D), the term `individual at
risk for diabetes' means--
``(1) an individual 45 years of age or older who is
overweight, defined as a body mass index greater than 25 kg/
m\2\; and
``(2) an individual under 45 years of age who is overweight
(as so defined) and who has any of the following risk factors
for diabetes:
``(A) A first-degree relative with diabetes.
``(B) Hypertension.
``(C) Dyslipidemia.
``(D) Habitually inactive.
``(E) Member of a high risk ethnic population for
diabetes, including a member of the following
populations:
``(i) African American.
``(ii) Latino/Hispanic.
``(iii) American Indian.
``(iv) Alaskan Native.
``(v) Asian American.
``(vi) Pacific Islander.
``(F) Previous identification of an impaired
fasting glucose or an impaired glucose tolerance.
``(G) A history of gestational diabetes mellitus or
delivery of a baby weighing greater than 9 pounds.
``(H) Polycystic ovarian disease.
``(I) A history of vascular disease.''.
(b) Comprehensive Package of Benefits for Individuals With
Diabetes.--
(1) In general.--Section 1902(a) of the Social Security Act
(42 U.S.C. 1396a(a)) is amended--
(A) in paragraph (69), by striking ``and'' at the
end;
(B) in paragraph (70)(B)(iv), by striking the
period at the end and inserting ``; and''; and
(C) by inserting after paragraph (70)(B)(iv), the
following new paragraph:
``(71) provide that the medical assistance furnished to any
individual who has been determined to be eligible for such
assistance and diagnosed with diabetes shall include, in
addition to any other items and services required to be
furnished to the individual under this title, at least the
following items and services as required by the individual's
treating physician or healthcare provider:
``(A) The care and services listed in paragraphs
(1), (2), (3), (4)(B), (4)(D), (5), (10), and (12)
(without regard, in the case of prescribed drugs, to
any limit imposed under the State plan on the number of
prescriptions filled per month, but subject to any such
limit imposed by the treating physician or healthcare
provider) of section 1905(a).
``(B) Durable medical equipment (as defined in
section 1861(n)) and other durable medical equipment
covered under title XVIII through national coverage
determinations, including insulin pumps and associated
supplies.
``(C) Services related to pregnancy (including
prenatal, delivery, and post partum services).
``(D) A yearly dilated eye exam by an eye care
professional with appropriate follow-up care as
medically needed.
``(E) Podiatric services.
``(F) Diabetes education, including diabetes
outpatient self-management training services (as
defined in section 1861(qq)).
``(G) Medical nutrition therapy services (as
defined in section 1861(vv)(1)).''.
(2) Prohibition on cost sharing.--
(A) In general.--Section 1916 of the Social
Security Act (42 U.S.C. 1396o) is amended by adding at
the end the following new subsection:
``(j) In the case of an individual who has been determined to be
eligible for medical assistance and diagnosed with diabetes--
``(1) no deduction, cost sharing, or similar charge shall
be imposed for any item or service listed in subparagraph (A)
through (G) of section 1902(a)(71) that is provided to the
individual as a result of the individual's diagnosis with
diabetes or complications related to such diagnosis; and
``(2) the State option to impose cost sharing under section
1916A shall not apply with respect to the provision of medical
assistance to such individual for any item or service listed in
subparagraph (A) through (G) of section 1902(a)(71) that is
provided to the individual as a result of the individual's
diagnosis with diabetes or complications related to such
diagnosis.''.
(B) Conforming amendment.--The second sentence of
section 1916A(a)(1) of the Social Security Act (42
U.S.C. 1396o-1(a)(1)) is amended by striking ``section
1916(g)'' and inserting ``subsection (g) or (j) of
section 1916''.
(c) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section take effect on October 1, 2007.
(2) Extension of effective date for state law amendment.--
In the case of a State plan under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.) which the Secretary of
Health and Human Services determines requires State legislation
in order for the plan to meet the additional requirements
imposed by the amendments made by this section, the State plan
shall not be regarded as failing to comply with the
requirements of such title solely on the basis of its failure
to meet these additional requirements before the first day of
the first calendar quarter beginning after the close of the
first regular session of the State legislature that begins
after the date of enactment of this Act. For purposes of the
previous sentence, in the case of a State that has a 2-year
legislative session, each year of the session is considered to
be a separate regular session of the State legislature. | Diabetes Screening and Medicaid Savings Act of 2007 - Amends title XIX (Medicaid) of the Social Security Act to require states to provide diabetes screening tests under the Medicaid program for adult enrollees with diabetes risk factors.
Provides a comprehensive package for individuals with diabetes. | {"src": "billsum_train", "title": "A bill to amend title XIX of the Social Security Act to require States to provide diabetes screening tests under the Medicaid program for adult enrollees with diabetes risk factors, to ensure that States offer a comprehensive package of benefits under that program for individuals with diabetes, and for other purposes."} | 1,552 | 64 | 0.50981 | 1.113852 | 0.83728 | 3.02 | 28 | 0.9 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Honoring Our Nation's Obligation to
Returning Warriors Act'' or ``HONOR Warriors Act''.
SEC. 2. SCHOLARSHIP PROGRAM FOR EDUCATION AND TRAINING OF BEHAVIORAL
HEALTH CARE SPECIALISTS FOR VET CENTERS.
(a) Program Required.--The Secretary of Veterans Affairs shall,
acting through the Under Secretary for Health of the Department of
Veterans Affairs, carry out a program to provide scholarships to
individuals pursuing education or training in behavioral health care
specialties that are critical to the operations of Vet Centers in order
to recruit and retain individuals with such specialties for service as
behavioral health care specialists in Vet Centers.
(b) Eligibility.--An individual shall be eligible for a scholarship
under the program under this section if the individual--
(1) is pursuing education or training leading to licensure
or other certified proficiency in such behavioral health care
specialties critical to the operations of Vet Centers as the
Secretary shall designate for purposes of the program; and
(2) otherwise meets such other criteria or requirements as
the Secretary shall establish for purposes of the program.
(c) Amount.--The amount of any scholarship provided under the
program under this section shall be determined by the Secretary.
(d) Agreement To Serve as Behavioral Health Care Specialist in Vet
Centers.--As a condition of receipt of a scholarship under the program
under this section, an individual receiving a scholarship shall enter
into an agreement with the Secretary to serve as an employee of a Vet
Center in the behavioral health care specialty of the individual for
such period as the Secretary shall specify in the agreement.
(e) Repayment.--Each agreement under subsection (c) shall contain
such provisions as the Under Secretary shall establish for purposes of
the program under this section relating to repayment of the amount of a
scholarship provided under this section in the event the individual
entering into such agreement does not fulfill the service requirements
in such agreement. Such provisions shall, to the maximum extent
practicable, apply uniformly to all recipients of scholarships provided
under this section.
(f) Funding.--(1) Amounts for scholarships under the program under
this section shall be derived from amounts available to the Secretary
of Veterans Affairs for readjustment benefits.
(2) The total amount available for scholarships under the program
under this section in any fiscal year may not exceed $2,000,000.
(g) Vet Centers Defined.--In this section, the term ``Vet Centers''
means the centers for readjustment counseling and related mental health
services for veterans under section 1712A of title 38, United States
Code.
SEC. 3. ELIGIBILITY OF MEMBERS OF THE ARMED FORCES WHO SERVE IN
OPERATION IRAQI FREEDOM OR OPERATION ENDURING FREEDOM FOR
COUNSELING AND SERVICES THROUGH VETS CENTERS.
(a) In General.--Any member of the Armed Forces, including a member
of the National Guard or Reserve, who serves on active duty in the
Armed Forces in Operation Iraqi Freedom or Operation Enduring Freedom
is eligible for readjustment counseling and related mental health
services under section 1712A of title 38, United States Code, through
the centers for readjustment counseling and related mental health
services (commonly referred to as ``Vet Centers'') operated under that
section.
(b) No Requirement for Current Active Duty Service.--A member of
the Armed Forces who meets the requirements for eligibility for
counseling and services under subsection (a) is entitled to counseling
and services under that subsection regardless of whether or not the
member is currently on active duty in the Armed Forces at the time of
receipt of counseling and services under that subsection.
(c) Regulations.--The eligibility of members of the Armed Forces
for counseling and services under subsection (a) shall be subject to
such regulations as the Secretary of Defense and the Secretary of
Veterans Affairs shall jointly prescribe for purposes of this section.
SEC. 4. RESTORATION OF AUTHORITY OF VETS CENTERS TO PROVIDE REFERRAL
AND OTHER ASSISTANCE UPON REQUEST TO FORMER MEMBERS OF
THE ARMED FORCES NOT AUTHORIZED COUNSELING.
Section 1712A of title 38, United States Code, is amended by
inserting after subsection (b) the following new subsection (c):
``(c) Upon receipt of a request for counseling under this section
from any individual who has been discharged or released from active
military, naval, or air service but who is not otherwise eligible for
such counseling, the Secretary shall--
``(1) provide referral services to assist such individual,
to the maximum extent practicable, in obtaining mental health
care and services from sources outside the Department; and
``(2) if pertinent, advise such individual of such
individual's rights to apply to the appropriate military,
naval, or air service, and to the Department, for review of
such individual's discharge or release from such service.''.
SEC. 5. TREATMENT OF SUICIDES OF CERTAIN FORMER MEMBERS OF THE ARMED
FORCES AS DEATHS IN LINE OF DUTY FOR PURPOSES OF
ELIGIBILITY OF SURVIVORS FOR CERTAIN BENEFITS.
(a) Treatment as Death in Line of Duty of Suicides of Certain
Former Members of the Armed Forces.--The suicide of a former member of
the Armed Forces described in subsection (b) that occurs during the
two-year period beginning on the date of the separation or retirement
of the former member from the Armed Forces shall be treated as a death
in line of duty of a member of the Armed Forces on active duty in the
Armed Forces for purposes of the eligibility of the survivors of the
former member for the benefits described in subsection (c).
(b) Covered Former Members of the Armed Forces.--A former member of
the Armed Forces described in this subsection is any former member of
the Armed Forces with a medical history of a combat-related mental
health condition or Post Traumatic Stress Disorder (PTSD) or Traumatic
Brain Injury (TBI).
(c) Covered Benefits.--The benefits described in this subsection
are the benefits as follows:
(1) Burial benefits.
(2) Benefits under the Survivor Benefit Plan under
subchapter II of chapter 73 of title 10, United States Code.
(3) Benefits under the laws administered by the Secretary
of Veterans Affairs.
(4) Benefits under the Social Security Act.
(d) Dates for Purposes of Certain Determinations.--
(1) Date of death.--Except as provided in paragraph (2),
for purposes of the benefits under this section, the date of
death of a former member of the Armed Forces described by
subsection (a) shall be the date of the separation or
retirement of the former member from the Armed Forces.
(2) Date for nature of eligibility.--In determining the
scope and nature of the entitlement a survivor of a former
member of the Armed Forces described by subsection (a) to
benefits under this section, the date of death of the former
member shall be the date of the suicide of the former member.
(e) Refund of Reduction in Retired Pay Under SBP.--Any reduction in
the retired pay of a former member of the Armed Forces described by
subsection (a) under the Survivor Benefit Plan under subchapter II of
chapter 73 of title 10, United States Code, during the period beginning
on the date of the retirement of the former member from the Armed
Forces and ending on the date of the suicide of the former member shall
be refunded to the surviving spouse or children, as applicable, of the
former member.
SEC. 6. GRANTS FOR NON-PROFIT ORGANIZATIONS FOR THE PROVISION OF
EMOTIONAL SUPPORT SERVICES TO SURVIVORS OF MEMBERS OF THE
ARMED FORCES AND VETERANS.
(a) In General.--The Secretary of Defense shall carry out a program
to award grants to non-profit organizations that provide emotional
support services for survivors of deceased members of the Armed Forces
(including members of the National Guard and Reserve) and deceased
veterans through peers of such survivors.
(b) Award of Grants.--
(1) Eligibility.--To be eligible for a grant under the
program under this section a non-profit organization shall meet
such criteria as the Secretary shall establish for purposes of
the program.
(2) Application.--A non-profit organization seeking a grant
under the program shall submit to the Secretary an application
for the grant in such form and manner as the Secretary shall
specify for purposes of the program.
(c) Grants.--
(1) Amount.--The amount of each grant awarded a non-profit
organization under the program under this section shall be such
amount as the Secretary determines appropriate for purposes of
the program.
(2) Duration.--The duration of each grant awarded a non-
profit organization shall be such period as the Secretary
determines appropriate for purposes of the program.
(d) Use of Grant Funds.--Each non-profit organization awarded a
grant under the program under this section shall utilize amounts under
the grant to provide such emotional support services for survivors of
deceased members of the Armed Forces (including members of the National
Guard and Reserve) and deceased veterans through peers of such
survivors as the Secretary shall specify in the grant.
(e) Funding.--Amounts for grants under the program under this
section shall be derived from amounts authorized to be appropriated for
the Department of Defense for military personnel.
SEC. 7. PILOT PROGRAMS ON AWARENESS ENHANCEMENT FOR MEMBERS OF THE ARMY
REGARDING POST TRAUMATIC STRESS DISORDER.
(a) Pilot Programs Required.--The Secretary of the Army shall carry
out at each location specified in subsection (b) a pilot program to
assess the feasability and advisability of various means of enhancing
awareness among members of the Army of Post Traumatic Stress Disorder
(PTSD).
(b) Locations.--The locations specified in this subsection for the
pilot programs required by subsection (a) are the following:
(1) Fort Carson, Colorado.
(2) Fort Leonard Wood, Missouri.
(c) Activities.--
(1) In general.--The activities under the pilot programs
required by subsection (a) shall include the following:
(A) For members of the Army about to undergo
deployment, such activities as the Secretary considers
appropriate to enhance the understanding of members of
the Army of--
(i) the neurophysiological effects of the
stress and trauma associated with combat,
including Post Traumatic Stress Disorder; and
(ii) the means of eliminating or mitigating
such effects after the return from combat.
(B) For members of the Army undergoing deployment,
appropriate reinforcement of the lessons provided
through activities under subparagraph (A).
(C) For members of the Army after the return from
deployment, appropriate activities to assist the
members in reintegrating into non-combat life.
(D) For families of members of the Army who will
deploy or are deployed, appropriate training and
assistance (including Internet-based training and
assistance) at each stage of the deployment of such
members in order to assist such families and members in
recognizing and addressing Post Traumatic Stress
Disorder after the return of such members from
deployment
(2) Development of activities.--In developing activities
for purposes of the pilot programs, the Secretary shall utilize
lessons in addressing stress and trauma learned by other
appropriate populations, including special operations forces
and their communities and elite athlete communities. | Honoring Our Nation's Obligation to Returning Warriors Act or HONOR Warriors Act - Directs the Secretary of Veterans Affairs to provide scholarships to individuals pursuing education or training in behavioral health care specialties that are critical to the operations of Vet Centers (centers for readjustment counseling and related mental health services for veterans) in order to recruit and retain individuals with such specialties for service in Vet Centers. Conditions the scholarship agreeing to serve in such a capacity for whatever period the Secretary specifies in the agreement.
Makes any Armed Forces member who serves in Operation Iraqi Freedom or Operation Enduring Freedom eligible for readjustment counseling and related mental health services through Vet Centers regardless of whether the member is on active duty at the time of receipt of counseling and services.
Directs the Secretary, on receipt of a request for counseling from an individual who has been discharged or released from active service, to: (1) provide referrals to assist the individual in obtaining mental health care and services outside the Department of Veterans Affairs; and (2) if pertinent, advise such individual of the individual's rights to apply for review of the discharge or release.
Treats the suicide of a former member that occurs within two years after separation or retirement, if the member had a medical history of a combat-related mental health condition, Post Traumatic Stress Disorder (PTSD), or Traumatic Brain Injury (TBI), as a death in line of duty for purposes of the survivors' eligibility to burial benefits and benefits under the Survivor Benefit Plan, laws administered by the Secretary, and the Social Security Act.
Directs the Secretary of Defense to award grants to nonprofit organizations that provide emotional support services for survivors of deceased members of the Armed Forces and deceased veterans through the survivors' peers.
Directs the Secretary of the Army to carry out at Fort Carson, Colorado, and Fort Leonard Wood, Missouri, a pilot program to assess the feasibility and advisability of various means of enhancing awareness among members of the Army of PTSD. | {"src": "billsum_train", "title": "A bill to improve and enhance the mental health care benefits available to members of the Armed Forces and veterans, to enhance counseling and other benefits available to survivors of members of the Armed Forces and veterans, and for other purposes."} | 2,568 | 430 | 0.640288 | 1.908047 | 0.775322 | 4.63089 | 5.931937 | 0.950262 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fire Safety Education Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the Nation's fire losses are estimated at 5,000 deaths
and 29,000 injuries annually, producing an economic loss
conservatively estimated at $10,000,000,000 a year plus more
than $1,000,000,000 a year in health care costs;
(2) sustained and targeted fire safety education at the
State and local levels, particularly in identifiable high-risk
populations, produces dramatic results in preventing fires,
fire deaths, and dollar loss from fire;
(3) in recent years, the Nation's fire departments have
seen their fire safety education budgets cut dramatically and,
in many cases, eliminated;
(4) there is a need to expand the availability of State and
local fire prevention programs and supporting resources and
materials to help State agencies and local fire departments in
carrying out effective public education;
(5) fire departments in other countries with fewer fire
deaths per capita than the United States spend an average of 4-
10 percent of their budgets on fire prevention, versus less
than 3 percent for United States departments; and
(6) only by accurately collecting and analyzing data on
fire deaths, injuries and dollar loss can the Nation's fire
departments pinpoint the populations and regions where they
most need to direct their educational efforts, thus leading to
a more efficient and effective use of resources.
SEC. 3. FIRE SAFETY EDUCATION.
(a) Awards.--The Administrator may enter into contracts,
cooperative agreements, or grants with eligible entities to obtain and
distribute at the State and local level fire safety and prevention
education programs and supporting educational resources.
(b) Use of Funds.--Of the amounts received by an entity under
subsection (a)--
(1) not more than 25 percent may be used for statewide fire
safety and prevention programs;
(2) not more than 25 percent may be used to implement new
regional or local fire safety and prevention programs targeting
high risk populations; and
(3) at least 50 percent shall be used for awards of not
more than $10,000 for existing regional or local fire safety
and prevention programs that have been demonstrated to be
effective in preventing fires, fire deaths and injuries, and
dollar losses from fire.
SEC. 4. DATA COLLECTION.
The Administrator may enter into contracts, cooperative agreements,
or grants with States for the purpose of implementing the revised
National Fire Incident Reporting System, established under section 9 of
the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2208),
to improve and enhance the collection and analysis of fire data at the
State and local levels.
SEC. 5. APPLICATIONS.
Each eligible entity desiring a contract, cooperative agreement, or
grant under this Act shall submit an application to the Administrator
at such time, in such manner, and accompanied by such information as
the Administrator may reasonably require.
SEC. 6. REPORTS AND EVALUATION.
(a) Annual Report to Administrator.--An entity receiving funds
under section 3 shall prepare and submit to the Administrator an annual
report which contains such information as the Administrator may
require. At a minimum, the report shall describe the program activities
undertaken with such funds, including--
(1) any program that has been developed directly or
indirectly by the entity, and the target population of such
program;
(2) support materials that have been obtained and the
method by which such materials are distributed; and
(3) any initiatives undertaken by the entity to develop
public-private partnerships to secure non-Federal support for
the development and distribution of programs and material in
furtherance of this Act.
(b) Report to Congress.--The Administrator shall prepare and submit
to the Congress an annual report which includes a description of the
programs undertaken and materials developed and distributed by entities
receiving funds under section 3.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) Fire Safety Education.--For the purposes of carrying out
section 3 of this Act, there are authorized to be appropriated
$10,000,000 for each of the fiscal years 1996 and 1997, of which no
more than $500,000 may be spent in any fiscal year on administrative
costs.
(b) Data Collection.--For the purposes of carrying out section 4 of
this Act, there are authorized to be appropriated $2,500,000 for fiscal
year 1995, of which no more than $300,000 shall be spent on
administrative costs.
SEC. 8. DEFINITIONS.
As used in this Act--
(1) the term ``Administrator'' means the Administrator of
the United States Fire Administration;
(2) the term ``eligible entity'' means the office of the
State fire marshal for a State or an equivalent State office
having primary responsibility for fire safety and prevention in
the State;
(3) the term ``fire safety and prevention education
programs'' includes publications, audiovisual presentations,
and demonstrations; and
(4) the term ``State'' means any State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, the United States Virgin Islands, Guam, American Samoa,
the Northern Mariana Islands, and any other territory or
possession of the United States. | Fire Safety Education Act - Authorizes the Administrator of the United States Fire Administration to enter into contracts, cooperative agreements, or grants with entities to obtain and distribute at the State and local level fire safety and prevention education programs and supporting educational resources.
Authorizes the Administrator to enter into contracts, cooperative agreements, or grants with States for the purpose of implementing the revised National Fire Incident Reporting System to improve the collection and analysis of fire data at the State and local levels.
Authorizes appropriations. | {"src": "billsum_train", "title": "Fire Safety Education Act"} | 1,090 | 106 | 0.58436 | 1.414149 | 1.245313 | 6.442105 | 11.378947 | 0.968421 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Althea Gibson Excellence Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Althea Gibson was born August 25, 1927, in Silver,
South Carolina.
(2) Althea Gibson lived with her family in Harlem during
the 1930s and 1940s. She was first introduced to tennis on the
Harlem River Tennis Courts. She went on to dominate the all-
Black American Tennis Association tournaments throughout the
early 1940s, when racism and segregation prevented her from
participating in tournaments sponsored by the United States
Lawn Tennis Association (USLTA).
(3) Althea Gibson graduated from Florida A & M University
in 1953, and was an athletic instructor at the Lincoln
University in Jefferson City, Missouri.
(4) Despite her extraordinary athletic prowess, Althea was
repeatedly denied entry into the world's top tennis tournaments
based on the color of her skin. Alice Marble, a four-time U.S.
Open champion, wrote a historic editorial published in the July
1950 American Lawn Tennis magazine, condemning the sport of
tennis for excluding players of Althea Gibson's caliber.
(5) Althea excelled in the Eastern Grass Court
Championships at the Orange Lawn Tennis Club in South Orange,
New Jersey. Her outstanding grass play caused the USLTA to
reevaluate its policy providing Althea a bid to Forest Hills.
(6) Althea was the first African-American to win
championships at famous tournaments, such as the French Open,
the United States Open, the Australian Doubles, and Wimbledon
in the 1950s.
(7) Althea broke the color barrier to become the first
African-American player, either male or female, to be allowed
to enter the Forest Hills, New York, Championship in 1950.
(8) Althea Gibson's tennis career flourished, even in the
face of discrimination. She was the first African-American
invited to Wimbledon in 1951, eventually winning both the
women's singles and doubles in 1957 and 1958.
(9) She would go on to become the first African-American
woman to win the championship at the French Open in 1956.
(10) During her career, she won 56 doubles and singles
titles before gaining national and international acclaim for
her athletic feats in professional tennis leagues. In the late
1950s, Gibson won eleven major titles including three straight
doubles at the French Open in 1956, 1957, and 1958 and the U.S.
Open in 1957 and 1958.
(11) Althea was the first African-American to be named as
the Female Athlete of the Year by the Associated Press in 1957.
She was given that honor again the following year. When she won
her second U.S. Championship, she went professional at the age
of 31.
(12) As further evidence to Althea's athletic gift, after
finishing her amateur tennis career, she became a professional
golfer in 1959. She was also the first African-American woman
to hold a membership in the Ladies Professional Golf
Association (LGPA).
(13) After retiring from golf, Althea Gibson shifted her
focus to public service. In 1975, Althea Gibson was named the
New Jersey Commissioner of Athletics. She held this position
and also served on both the State's Athletics Control Board and
the Governor's Council on Physical Fitness.
(14) Althea Gibson was inducted into the prestigious
International Tennis Hall of Fame in 1971 and to the
International Women's Sports Hall of Fame in 1980.
(15) In 1991, the National Collegiate Athletic Association
(NCAA) honored Althea Gibson with the Theodore Roosevelt Award,
the highest honor the organization may confer on an individual.
She was the first woman ever to receive this distinguished
honor.
(16) Althea passed away in East Orange, NJ, on September
28, 2003.
(17) Althea Gibson was a trailblazer whose experiences and
successes paved the way for other great African-American tennis
players like Arthur Ashe.
(18) The legacy of Althea Gibson continues to serve as an
inspiration and a shining example for the Nation's youth.
(19) Joining the ranks of other distinguished Congressional
Gold Medal recipients would be a fitting accolade to the
achievements of Althea Gibson.
SEC. 3. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The Speaker of the House of
Representatives and the President pro tempore of the Senate shall make
appropriate arrangements for the posthumous presentation, on behalf of
the Congress, of a gold medal of appropriate design in commemoration of
Althea Gibson, in recognition of her groundbreaking achievements in
athletics and her commitment to ending racial discrimination and
prejudice within the world of athletics.
(b) Design and Striking.--For purposes of the presentation referred
to in subsection (a), the Secretary of the Treasury (referred to in
this Act as the ``Secretary'') shall strike a gold medal with suitable
emblems, devices, and inscriptions, to be determined by the Secretary.
SEC. 4. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medal struck pursuant to section 3 under such regulations as the
Secretary may prescribe, at a price sufficient to cover the cost
thereof, including labor, materials, dies, use of machinery, and
overhead expenses, and the cost of the gold medal.
SEC. 5. STATUS OF MEDALS.
(a) National Medals.--The medals struck pursuant to this Act are
national medals for purposes of chapter 51 of title 31, United States
Code.
(b) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all medals struck under this Act shall be
considered to be numismatic items.
SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE.
(a) Authority To Use Fund Amounts.--There is authorized to be
charged against the United States Mint Public Enterprise Fund, such
amounts as may be necessary to pay for the costs of the medals struck
pursuant to this Act.
(b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals authorized under section 4 shall be deposited into the
United States Mint Public Enterprise Fund. | Althea Gibson Excellence Act - Requires that arrangements be made for the posthumous presentation of a Congressional Gold Medal in commemoration of Althea Gibson in recognition of her achievements in athletics and her commitment to ending racial discrimination and prejudice within the world of athletics. | {"src": "billsum_train", "title": "To award posthumously a Congressional Gold Medal to Althea Gibson, in recognition of her ground breaking achievements in athletics and her commitment to ending racial discrimination and prejudice within the world of athletics."} | 1,393 | 67 | 0.477454 | 1.473968 | 0.371472 | 4.608696 | 27.434783 | 0.956522 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Credit Card Consumer Protection Act
of 1999''.
SEC. 2. FEES FOR ON-TIME PAYMENTS PROHIBITED.
Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended
by adding at the end the following new subsection:
``(h) Fees for On-Time Payments Prohibited.--
``(1) In general.--In the case of any credit card account
under an open-end consumer credit plan, no minimum finance
charge for any period (including any annual period), and no fee
in lieu of a minimum finance charge, may be imposed with regard
to such account or credit extended under such account solely on
the basis that any credit extended has been repaid in full
before the end of any grace period applicable with respect to
the extension of credit.
``(2) Scope of application.--Paragraph (1) shall not be
construed as--
``(A) prohibiting the imposition of any flat annual
fee which may be imposed on the consumer in advance of
any annual period to cover the cost of maintaining a
credit card account during such annual period without
regard to whether any credit is actually extended under
such account during such period; or
``(B) otherwise affecting the imposition of the
actual finance charge applicable with respect to any
credit extended under such account during such annual
period at the annual percentage rate disclosed to the
consumer in accordance with this title for the period
of time any such credit is outstanding.''.
SEC. 3. FREEZE ON INTEREST RATE TERMS AND FEES ON CANCELED CARDS.
Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended
by inserting after subsection (h) (as added by section 2 of this Act)
the following new subsection:
``(i) Freeze on Interest Rate Terms and Fees on Canceled Cards.--
``(1) Advance notice of increase in interest rate
required.--In the case of any credit card account under an
open-end consumer credit plan, no increase in any annual
percentage rate of interest (other than an increase due solely
to a change in another rate of interest to which such rate is
indexed) applicable to any outstanding balance of credit under
such plan may take effect before the beginning of the billing
cycle which begins not less than 15 days after the
accountholder receives notice of such increase.
``(2) Increase not effective for canceled accounts.--If an
accountholder referred to in paragraph (1) cancels the credit
card account before the beginning of the billing cycle referred
to in such paragraph and surrenders all unexpired credit cards
issued in connection with such account--
``(A) an annual percentage rate of interest
applicable after the cancellation with respect to the
outstanding balance on such account as of the date of
cancellation may not exceed any annual percentage rate
of interest applicable with respect to such balance
under the terms and conditions in effect before the
increase referred to in paragraph (1); and
``(B) the repayment of such outstanding balance
after the cancellation shall be subject to all other
terms and conditions applicable with respect to such
account before the increase referred to in such
paragraph.
``(3) Notice of right to cancel.--The notice referred to in
paragraph (1) with respect to an increase in annual percentage
rate of interest shall contain a brief description of the right
of the consumer--
``(A) to cancel the account before the effective
date of the increase; and
``(B) after such cancellation, to pay any balance
outstanding on such account at the time of cancellation
in accordance with the terms and conditions in effect
before the cancellation.''.
SEC. 4. DISCLOSURE OF FEES AND INTEREST RATES ON CREDIT ADVANCES
THROUGH THE USE OF 3D PARTY CHECKS.
Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended
by inserting after subsection (i) (as added by section 3 of this Act)
the following new subsection:
``(j) Fees and Interest Rates on Credit Advances Through the Use of
3d Party Checks.--
``(1) In general.--In the case of any credit card account
under an open-end consumer credit plan, a creditor may not
provide the accountholder with any negotiable or transferable
instrument for use in making an extension of credit to the
accountholder for the purpose of making a transfer to a 3d
party, unless the creditor has fully satisfied the notice
requirements of paragraph (2) with respect to such instrument.
``(2) Notice requirements.--A creditor meets the notice
requirements of this paragraph with respect to an instrument
referred to in paragraph (1) if the creditor provides, to an
accountholder at the same time any such instrument is provided,
a notice which prominently and specifically describes--
``(A) the amount of any transaction fee which may
be imposed for making an extension of credit through
the use of such instrument, including the exact
percentage rate to be used in determining such amount
if the amount of the transaction fee is expressed as a
percentage of the amount of the credit extended; and
``(B) any annual percentage rate of interest
applicable in determining the finance charge for any
such extension of credit.''.
SEC. 5. PROHIBITION ON OVER-THE-LIMIT FEES IN CREDITOR-APPROVED
TRANSACTIONS.
Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended
by inserting after subsection (j) (as added by section 4 of this Act)
the following new subsection:
``(k) Limitation on Imposition of Over-the-Limit Fees.--In the case
of any credit card account under an open-end consumer credit plan, a
creditor may not impose any fee on the accountholder for any extension
of credit in excess of the amount of credit authorized to be extended
with respect to such account if the extension of credit is made in
connection with a credit transaction which the creditor approves in
advance or at the time of the transaction.''.
SEC. 6. PROHIBITION ON 2-CYCLE BILLING.
Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended
by inserting after subsection (k) (as added by section 5 of this Act)
the following new subsection:
``(l) Prohibition on 2-Cycle Billing.--In the case of any credit
card account under an open-end consumer credit plan, if the creditor
provides, with regard to any new extension of credit under such
account, a period during which such extension of credit may be repaid
without incurring a finance charge for such extension of credit, no
finance charge may subsequently be imposed for such period with regard
to any unpaid balance (as of the end of such period) of such extension
of credit.''.
SEC. 7. DISCLOSURES RELATED TO ``TEASER RATES''.
Section 127(c) of the Truth in Lending Act (15 U.S.C. 1637(c)) is
amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following new
paragraph:
``(5) Additional notice concerning `teaser rates'.--
``(A) In general.--If any application or
solicitation for a credit card for which a disclosure
is required under this subsection offers, for an
introductory period of less than 1 year, an annual
percentage rate of interest which--
``(i) is less than the annual percentage
rate of interest which will apply after the end
of such introductory period; or
``(ii) in the case of an annual percentage
rate which varies in accordance with an index,
which is less than the current annual
percentage rate under the index which will
apply after the end of such period,
the application or solicitation shall contain the
disclosure contained in subparagraph (B) or (C), as the
case may be.
``(B) Fixed annual percentage rate.--If the annual
percentage rate which will apply after the end of the
introductory period will be a fixed rate, the
application or solicitation shall include the following
disclosure: ``The annual percentage rate of interest
applicable during the introductory period is not the
annual percentage rate which will apply after the end
of the introductory period. The permanent annual
percentage rate will apply after (insert date) and will
be (insert percentage rate).''.
``(C) Variable annual percentage rate.--If the
annual percentage rate which will apply after the end
of the introductory period will vary in accordance with
an index, the application or solicitation shall include
the following disclosure: ``The annual percentage rate
of interest applicable during the introductory period
is not the annual percentage rate which will apply
after the end of the introductory period. The permanent
annual percentage rate will be determined by an index
and will apply after (insert date). If the index which
will apply after such date were applied to your account
today, the annual percentage rate would be (insert
percentage rate).''.
``(D) Form of disclosure.--The disclosure required
under this paragraph shall be made in a clear and
conspicuous manner in a form at least as prominent as
the disclosure of the annual percentage rate of
interest which will apply during the introductory
period.''.
SEC. 8. DISCLOSURES RELATING TO THE DATES PAYMENTS ARE DUE.
Section 127(b)(9) of the Truth in Lending Act (15 U.S.C.
1637(b)(9)) is amended by striking ``The date by which or the period
(if any) within which, payment must be made to avoid additional finance
charges,'' and inserting ``In a prominent place on the face of the
statement, the date of the last full business day on which payment may
be received before the imposition of late fees or additional finance
charges (without regard to whether payment may be received on a
subsequent nonbusiness day or during a portion of a subsequent business
day before any such fee or charge is imposed) and a conspicuous notice
that the failure to remit payment in sufficient time for the payment to
be processed by such date may result in substantial late fees or
additional finance charges,''.
SEC. 9. PROHIBITION ON MINIMUM PAYMENT AMOUNTS THAT RESULT IN NEGATIVE
AMORTIZATION.
Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended
by inserting after subsection (l) (as added by section 6 of this Act)
the following new subsection:
``(m) Prohibition on Minimum Payment Amounts That Result in
Negative Amortization.--
``(1) In general.--In the case of any credit card account
under an open-end consumer credit plan, the minimum amount of
any periodic payment required to be made on any outstanding
balance may not be less than the finance charge applicable with
respect to such outstanding balance for such period.
``(2) Disclosures required in case of low amortization
rate.--If, in the case of any credit card account under an
open-end consumer credit plan, the minimum amount of any
periodic payment required to be made on any outstanding balance
reduces the outstanding balance by less than 2 percent of such
balance, after payment of any finance charge and fees imposed
for such period, the periodic statement required under
subsection (b) with respect to such account shall include a
conspicuous notice in a prominent place on the statement of--
``(A) the fact that the outstanding balance will be
reduced by less than 2 percent if the consumer only
pays the minimum amount; and
``(B) the period of time which would be required to
pay off the outstanding balance if the consumer paid
only the minimum amount of each periodic payment
required until such balance is fully repaid.
``(3) Exception under exigent circumstances.--In addition
to any other authority of the Board under this title to
prescribe regulations, the Board may prescribe regulations
which permit exceptions to the application of paragraph (1)
with respect to any consumer who requests a creditor to agree
to a payment deferral plan for a limited period of time due to
loss of employment, illness, or incapacity, or such other
exigent circumstances the Board may describe in such
regulations.''. | Credit Card Consumer Protection Act of 1999- Amends the Truth in Lending Act to: (1) prohibit fee assessment against a credit card account under an open-end consumer credit plan solely on the basis of on-time payments; (2) require advance notice of any interest rate increase for a credit card account, and of the consumer's right to cancel such account before the effective date of that increase; and (3) prohibit post-cancellation increases in interest rates and fees on the outstanding balance of any canceled cards.
Mandates disclosure to a credit card account holder of the fees and interest rates imposed upon credit advances through the use of third party checks.
Proscribes over-the-limit fees in creditor-approved transactions, and two-cycle billing.
Prescribes additional notice requirements governing: (1) introductory rates to identify the fixed and variable interest rate which will apply following the introductory period; (2) last payment date and payment processing date before imposition of late fees; and (3) the period of time required to pay off the outstanding balance if only the minimum payment is forwarded. | {"src": "billsum_train", "title": "Credit Card Consumer Protection Act of 1999"} | 2,757 | 228 | 0.625389 | 1.841922 | 0.875007 | 3.106481 | 11.699074 | 0.902778 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Montana Mineral Exchange Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Ancillary fund.--The term ``Ancillary Fund'' means the
Northern Cheyenne Ancillary Fund established by section
5(a)(1).
(2) Annual 6 percent amount.--The term ``annual 6 percent
amount'' means the amount from the Permanent Fund that becomes
available each Permanent Fund fiscal year for expenditure or
obligation, as provided in section 5(d).
(3) Annual tonnage.--The term ``annual tonnage'' means the
total tonnage of merchantable coal mined during a fiscal year
from any mine established after the date of enactment this Act
in an approved mine plan area that includes land all or a
portion of which is located not more than 25 miles from the
boundary of the Northern Cheyenne Reservation, as the boundary
exists on the date of enactment of this Act.
(4) Base sum.--The term ``base sum'' means the amount equal
to the annual tonnage multiplied by 50 cents per ton.
(5) Cheyenne tracts.--The term ``Cheyenne tracts'' means
the tracts of land located in the eastern portion of the State
within the boundaries of the Northern Cheyenne Reservation,
totaling approximately 5,000 acres, as generally depicted on
the map entitled ``Cheyenne Coal Land Exchange'' and dated
January 9, 2004, and that have the following legal
descriptions:
(A) T. 2 S., R. 44 E., sec. 17.
(B) T. 2 S., R. 44 E., sec. 19.
(C) T. 3 S., R. 44 E., sec. 5.
(D) T. 3 S., R. 44 E., sec. 7.
(E) T. 3 S., R. 44 E., sec. 9.
(F) T. 3 S., R. 44 E., sec. 17.
(G) T. 3 S., R. 44 E., sec. 19.
(H) T. 3 S., R. 44 E., sec. 21, N\1/2\SW\1/4\, and
S\1/2\SE\1/4\.
(6) Exchange.--The term ``exchange'' means the exchange of
mineral rights described in section 3(a).
(7) Federal tracts.--The term ``Federal tracts'' the
unleased tracts of land located in the State of Montana,
consisting of approximately 5,000 acres, as generally depicted
on the map entitled ``Cheyenne Coal Land Exchange'' and dated
January 9, 2004, and that have the following legal description:
(A) T. 11 N., R. 49 E., sec. 8, S\1/2\.
(B) T. 11 N., R. 49 E., sec. 21.
(C) T. 11 N., R. 49 E., sec. 27, W\1/2\NW\1/4\.
(D) T. 11 N., R. 49 E., sec. 28, NE\1/4\, N\1/
2\SE\1/4\, and N\1/2\NW\1/4\.
(E) T. 9 S., R. 40 E., sec. 3, SW\1/4\SE\1/4\SE\1/
4\, and SW\1/4\SE\1/4\.
(F) T. 9 S., R. 40 E., sec. 4, SW\1/4\NW\1/4\.
(G) T. 9 S., R. 40 E., sec. 5, S\1/2\NE\1/4\ and
SE\1/4\.
(H) T. 9 S., R. 40 E., sec. 8, NW\1/4\NE\1/4\NE\1/
4\ and NW\1/4\NE\1/4\.
(I) T. 9 S., R. 38 E., sec. 24, lot 16 and SE\1/
4\SE\1/4\.
(J) T. 9 S., R. 38 E., sec. 25, lots 9, 12, 13, 16,
and E\1/2\E\1/2\.
(K) T. 9 S., R. 38 E., sec. 36, E\1/2\SE\1/4\.
(L) T. 9 S., R. 39 E., sec. 20, lots 1, 2, 3, and
4, E\1/2\NW\1/4\, E\1/2\NE\1/4\, SW\1/4\NE\1/4\, E\1/
2\SW\1/4\, and SE\1/4\.
(M) T. 9 S., R. 39 E., sec. 21, SW\1/4\SW\1/4\.
(N) T. 9 S., R. 39 E., sec. 28, W\1/2\NW\1/4\,
SW\1/4\, W\1/2\SE\1/4\, and NE\1/4\SE\1/4\.
(O) T. 9 S., R. 39 E., sec. 29.
(P) T. 9 S., R. 39 E., sec. 32, lots 1, 3, 4, 5, 6,
and 7, NE\1/4\NW\1/4\, N\1/2\NE\1/4\, SE\1/4\NE\1/4\,
NE\1/4\SW\1/4\, and N\1/2\SE\1/4\.
(Q) T. 9 S., R. 39 E., sec. 33, lots 1, 2, 3, and
4, NW\1/4\, S\1/2\NE\1/4\, N\1/2\SW\1/4\, and N\1/
2\SE\1/4\.
(R) T. 9 S., R. 39 E., sec. 34, lots 1, 2, 3, and
4, N\1/2\SW\1/4\, and N\1/2\SE\1/4\.
(8) Great northern properties.--The term ``Great Northern
Properties'' means Great Northern Properties Limited
Partnership, a Delaware limited partnership, and any successor
to the ownership interest of Great Northern Properties in the
minerals underlying the Cheyenne tracts.
(9) Immediately preceding permanent fund years.--The term
``immediately preceding Permanent Fund years'' means the 3
Permanent Fund fiscal years immediately preceding the current
Permanent Fund fiscal year, except that--
(A) for the second Permanent Fund fiscal year, the
term means the first Permanent Fund fiscal year; and
(B) for the third Permanent Fund fiscal year, the
term means the first and second Permanent Fund fiscal
years.
(10) Income.--The term ``income'' means the total net
return from the investment of the Permanent Fund or Ancillary
Fund, consisting of--
(A) all interest, dividends, realized and
unrealized gains and losses and other earnings, plus
all income resulting from the investment of the income;
less
(B) any costs and fees for private investment
management, investment consulting, and custodianship
and any other reasonably necessary transactional
services or matters.
(11) Permanent fund.--The term ``Permanent Fund'' means the
Northern Cheyenne Permanent Fund established by section
5(a)(2).
(12) Permanent fund fiscal year.--The term ``Permanent Fund
fiscal year'' means a fiscal year of the Permanent Fund as
defined in the Permanent Fund plan.
(13) Permanent fund plan.--The term ``Permanent Fund plan''
means the plan established under section 5(g).
(14) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(15) Trailing average permanent fund value.--The term
``trailing average Permanent Fund value'' means the average
quarterly market value of the Permanent Fund during the
immediately preceding Permanent Fund years.
(16) Tribe.--The term ``Tribe'' means the Northern Cheyenne
Tribe.
SEC. 3. MINERAL RIGHTS EXCHANGE.
(a) In General.--Notwithstanding any other provision of Federal
law, concurrent with the conveyance from Great Northern Properties to
the United States of all of its mineral interests underlying the
Cheyenne tract, the Secretary shall convey to Great Northern Properties
all mineral interests in the Federal tracts.
(b) Trust.--On conveyance of the mineral interests underlying the
Cheyenne tracts to the United States, the Secretary shall take the
mineral interests into trust for the benefit of the Tribe.
SEC. 4. TERMS AND CONDITIONS OF EXCHANGE.
(a) Waiver of Legal Claims.--In return for the exchange, the Tribe
shall waive any and all claims relating to the failure of the United
States to previously acquire in trust for the Tribe as part of the
Northern Cheyenne Reservation the private mineral interests underlying
the Cheyenne tracts.
(b) Condition.--As a condition precedent of the exchange, the Tribe
and Great Northern Properties shall jointly notify the Secretary in
writing that they have agreed on a formula for the sharing of revenue
from coal produced from any portion of the Federal tracts.
(c) Completion of Exchange.--Notwithstanding any other provision of
law, after satisfaction of the condition precedent specified in
subsection (b), the exchange shall be completed in a single transaction
not later than 90 days after the date on which the Secretary receives
notice under subsection (b).
(d) Rescission of Exchange.--If a portion of the completed exchange
is invalidated by a court of competent jurisdiction and the judgment of
the court is no longer subject to appellate review, the Secretary or
Great Northern Properties may rescind the entire exchange.
SEC. 5. NORTHERN CHEYENNE PERMANENT FUND AND NORTHERN CHEYENNE
ANCILLARY FUND.
(a) Establishment.--There are established in the Treasury of the
United States--
(1) a fund to be known as the ``Northern Cheyenne Permanent
Fund''; and
(2) a fund to be known as the ``Northern Cheyenne Ancillary
Fund''.
(b) Authorization of Appropriations to Funds.--There are authorized
to be appropriated--
(1) to the Permanent Fund $10,000,000 for each of fiscal
years 2005, 2006, and 2007; and
(2) to the Ancillary Fund $10,000,000 for each of fiscal
years 2008, 2009, 2010, and 2011.
(c) Transfers From Ancillary Fund to Permanent Fund.--
(1) In general.--Not later than 120 days after the end of
fiscal year 2008 and each subsequent fiscal year in which
amounts in the Ancillary Fund are available for transfer to the
Permanent Fund, the Secretary of the Treasury shall transfer
from the Ancillary Fund to the Permanent Fund an amount, as
determined by the Secretary, equal to--
(A) the base sum; plus or minus
(B) any accrued realized and undisbursed income or
any accrued realized loss in the Ancillary Fund as of
the end of the fiscal year, in an amount not to exceed
the base sum.
(2) Written statement.--As soon as practicable after a
transfer under paragraph (1), the Secretary of the Treasury
shall provide to the Tribe--
(A) a written statement describing--
(i) the amount transferred under paragraph
(1); and
(ii) how the amount was calculated; and
(B) copies of any written materials used to
determine the amount.
(d) Expenditures From Permanent Fund.--
(1) In general.--Beginning with the second Permanent Fund
fiscal year and during each subsequent Permanent Fund fiscal
year, the Tribe may expend or obligate not more than 6 percent
of the trailing average Permanent Fund value (plus, during each
Permanent Fund fiscal year subsequent to the second Permanent
Fund fiscal year, the amount of any unexpended and unobligated
portion of the annual 6 percent amount from any of the
immediately preceding Permanent Fund years, not including any
income that may accrue on that portion) only for the following
purposes:
(A) Education.
(B) Law enforcement.
(C) Any other tribal governmental services or
facilities.
(D) Economic development.
(E) Acquisition of land, water rights, or related
property interests.
(F) Payment of costs and fees incurred in
connection with the investment of the Permanent Fund
for private investment management, investment
consulting, custodianship, and any other reasonably
necessary transactional services or matters.
(2) No other expenditures from permanent fund.--No amounts
from the Permanent Fund may be expended or obligated--
(A) for the purpose of making per capita payments
to members of the Tribe or litigating against any
aspect of any proposed or existing off-Reservation coal
mining, oil or gas development, or electric power
generation project; or
(B) for any other purpose other than a purpose
authorized in paragraph (1).
(e) Compliance With Permanent Fund Plan.--The Tribe shall invest,
manage, disburse, and expend the amounts in the Permanent Fund for the
purposes described in subsection (d)(1) in accordance with the
Permanent Fund plan.
(f) Investment Through Secretary.--
(1) In general.--As requested by the Tribe, the Secretary
shall invest any portions of the Permanent Fund and the
Ancillary Fund in interest-bearing deposits and securities in
accordance with--
(A) the Act of April 1, 1880 (21 Stat. 70, chapter
41; 25 U.S.C. 161); and
(B) the Act of June 24, 1938 (25 U.S.C. 162a).
(2) Income.--
(A) Permanent fund.--All income earned on
investments in the Permanent Fund shall be deposited in
the Permanent Fund.
(B) Ancillary fund.--All income earned on
investments in the Ancillary Fund shall be deposited in
the Ancillary Fund.
(g) Development of Permanent Fund Plan.--
(1) In general.--The Tribe shall--
(A) develop a Permanent Fund plan, in consultation
with the Secretary, for the investment, management,
administration, and expenditure of the amounts in the
Permanent Fund; and
(B) submit the plan to the Secretary.
(2) Contents.--The Permanent Fund plan--
(A) shall set forth the manner in which amounts in
the Permanent Fund shall be managed, administered, and
expended for the purposes described in subsection
(d)(1); and
(B) may provide for investment management of all or
any portion of the Permanent Fund by qualified private
professional investment managers.
(3) Revision.--The Permanent Fund plan may be revised and
updated by the Tribe, in consultation with the Secretary.
(h) Federal Disbursements.--
(1) In general.--Notwithstanding any other provision of
Federal law, while the Permanent Fund or any portion of the
Permanent Fund is invested by the Secretary under subsection
(f), on request of the Tribe, the Secretary of the Treasury and
the Secretary shall make available to the Tribe, amounts in the
Permanent Fund to be used--
(A) for any of the purposes set forth in subsection
(d)(1); or
(B) as may be provided in the Permanent Fund plan
under subsection (g)(2)(B), to enable submission of all
or any portion of the Permanent Fund to private
professional investment management.
(2) Exception.--No amounts shall be made available to the
Tribe under paragraph (1) until the Tribe adopts the Permanent
Fund plan required by subsection (g).
(i) Enforcement.--The Secretary may take any judicial or
administrative action to enforce the provisions of the Permanent Fund
plan that is necessary to ensure that any amount withdrawn from the
Permanent Fund is used in accordance with this Act.
(j) Liability.--If the Tribe exercises the right to withdraw an
amount from the Permanent Fund, neither the Secretary nor the Secretary
of the Treasury shall retain any liability for the expenditure or
investment of the amount withdrawn.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
In addition to the amounts authorized to be appropriated to the
Permanent Fund and Ancillary Fund under section 5(b), there are
authorized to be appropriated such sums as are necessary to carry out
this Act. | Montana Mineral Exchange Act - Sets forth a mineral rights exchange under which the Secretary of the Interior is directed to convey to Great Northern Properties all mineral interests in certain Federal tracts concurrent with conveyance from Great Northern Properties to the United States all of its mineral interests underlying the Cheyenne tract.
Requires the Secretary, following such conveyance, to take [sic] such mineral interests into trust for the benefit of the Northern Cheyenne Tribe (Tribe).
Conditions the exchange upon: (1) waiver by the Tribe of all claims relating to the failure of the United States to previously acquire in trust for the Tribe as part of the Northern Cheyenne Reservation the private mineral interests underlying the Cheyenne tracts; and (2) joint written notification to the Secretary by the Tribe and Great Northern Properties that they have agreed upon a formula for sharing revenue from coal produced from any portion of the Federal tracts.
Establishes in the Treasury: (1) the Northern Cheyenne Permanent Fund; and (2) the Northern Cheyenne Ancillary Fund.
Prescribes procedural guidelines for: (1) transfers from the Ancillary Fund to the Permanent Fund; and (2) expenditures from the Permanent Fund.
Requires the Tribe to develop a Permanent Fund plan, in consultation with the Secretary, for the investment, management, administration, and expenditure of the amounts in the Permanent Fund.
Prescribes guidelines for Federal disbursements to the Tribe. | {"src": "billsum_train", "title": "A bill to authorize an exchange of mineral rights by the Secretary of the Interior in the State of Montana."} | 3,614 | 308 | 0.545792 | 1.643236 | 0.647633 | 4.755556 | 10.992593 | 0.925926 |
Section 1. This Act may be cited as the ``Section 515 Rural Housing
Reform''.
Sec. 101. Title V of the Housing Act of 1949 (42 U.S.C. 1471 et
seq.) is amended:
(a) Section 502(c)(1) is amended by adding a new paragraph
(C) to read as follows:
``(C) Effective May 26, 1994, the Secretary may not
accept an offer to prepay, or request refinancing in
accordance with subsection (b)(3) of, any loan made or
insured under section 515 pursuant to a contract
entered into before the enactment of the Department of
Housing and Urban Development Reform Act of 1989 for a
period of not less than two years from the date of
enactment of the Housing and Community Development Act
of 1994.
``(D) The Secretary shall conduct either directly
or through a contract an independent assessment of
rural housing preservation provisions. Such assessment,
along with recommendations of changes in law and
regulation shall be submitted to relevant committees of
the Congress by May 31, 1996.''.
(b) Section 502(c)(4)(C) is amended by revising it to read
as follows:
``(C) Approval of assistance.--The Secretary may
approve assistance under subparagraph (B) only if the
restrictive period has expired for any loan made or
insured under section 514 or 515 of this title pursuant
to a contract entered into after December 21, 1979, but
before the date of enactment of the Department of
Housing and Urban Development Reform Act of 1989 and
the Secretary determines that the combination of
assistance provided.''.
Sec. 201. Title V of the Housing Act of 1949 (42 U.S.C. 1471 et
seq.) is amended:
(a) Section 515(a)(2) is amended to change ``fifty'' to
read ``thirty''.
(b) Section 515(b)(2) is amended to read ``provide for
amortization as if the term of the loan was for a period of not
to exceed fifty years and may allow for a balloon payment at
the end of the term of the loan. Such loan may be, in the
discretion of the Secretary, rescheduled for a period not to
exceed fifty years from the date of the original loan. The
amount of the unpaid principal and interest of the prior loan
rescheduled shall not create a new charge against any loan
levels authorized by law.''
Sec. 301. Title V of the Housing Act of 1949 (42 U.S.C. 1471 et
seq.) is amended: Section 515(t) is amended by deleting paragraphs (4)
and (5) and renumbering paragraphs (6), (7), and (8) as paragraphs (4),
(5), and (6) respectively.
Sec. 401. Title V of the Housing Act of 1949 (U.S.C. 1471 et seq.)
is amended: Section 510(d)(1) is amended to read ``prosecution and
defense of any litigation under sections 515 shall be conducted, at the
discretion of the Secretary, by''.
Sec. 501. Section 6103(1)(7) of the Internal Revenue Code of 1986
is amended by adding a new subparagraph (x) to read ``(x) any housing
assistance program administered by the Department of Agriculture that
involves initial and periodic review of an applicant's or participant's
income and only for use by officers and employees of the Department of
Agriculture with respect to the applicants and participants in such
programs.''.
Sec. 601. Section 536 of the Housing Act (42 U.S.C. 1471 et seq.)
is amended by redesignating paragraphs (d), (e), (f), (g), (h), and (i)
as paragraphs (e), (f), (g), (h), (i), and (j) respectively, adding a
new paragraph (d), and amending the last sentence of redesignated
paragraph (g) to read as follows:
``(d) Subsidy Layering.--The Secretary is authorized to establish a
process for evaluating assistance provided under this title to ensure
that excess assistance is not provided. In conducting such an
evaluation, the Secretary shall utilize information received under
paragraphs (b) and (c) of this section. To the extent practicable, the
Secretary is authorized to make use of procedures, policies and
regulations currently in use by the Department of Housing and Urban
Development and may, to the extent practicable, develop memoranda of
understanding with State housing agencies to implement the provisions
of this section.
``(g) Limitation of Assistance.--* * *Notwithstanding the
provisions of section 515(r), the Secretary may decrease the amount of
assistance provided under this title if he/she determines that other
assistance reported under paragraphs (b) and (c) will provide excess
assistance and/or profits to the recipient.''.
Sec. 701. Section 509(f) of the Housing Act of 1949 (U.S.C. 1471 et
seq.), is amended to read as follows:
``(f) Underserved Housing.--
``(1) Designation of underserved area.--The Secretary shall
designate as targeted underserved areas 100 counties and
communities in each fiscal year that have severe, unmet housing
needs as determined by the Secretary. A county or community
shall be eligible for designation if, during the 5-year period
preceding the year in which the designation is made, it has
received an average amount of assistance that is substantially
lower than the average annual amount of assistance received
during that 5-year period by other counties and communities in
the State that are eligible for such assistance calculated on a
per capita basis, and has--
``(A) 15 percent or more of its population at or
below the poverty level; and
``(B) 5 percent of its population residing in
substandard housing.
As used in this paragraph, the term `poverty level' has the
meaning given the term in section 102(a)(9) of the Housing and
Community Development Act of 1974.
``(2) Preferences.--In selecting projects to receive
assistance with amounts set aside under paragraph (6), the
Secretary shall give preference to any project located in a
county or community that has, at the time of designation and as
determined by the Secretary--
``(A) 20 percent or more of its population at or
below poverty level; and
``(B) 7 percent or more of its population residing
in substandard housing.
In designating underserved areas under paragraph (1), in each
fiscal year the Secretary shall designate not less than 5
counties or communities that contain tribal allotted or Indian
trust land. In designating underserved areas under paragraph
(1), the Secretary shall not designate more than 10 counties or
communities in one State or Puerto Rico during each designation
cycle. If in selecting the 100 underserved areas there are more
than 10 counties or communities in one State or Puerto Rico
which meet the requirements of this paragraph, the Secretary
will select the 10 most underserved counties or communities
utilizing the highest combined percentages of populations below
the poverty level and households residing in substandard
housing. The remaining counties will be eligible for unused
funds as described in paragraph (6)(A).
``(3) Other underserved areas.--In addition to the 100
targeted counties and communities, the Secretary may also
designate other underserved areas that have a severe, unmet
housing need based upon objective requirements. Such objective
requirements may include counties and communities experiencing
trauma due to natural disasters or structural change;
communities that have remained consistently poor; colonias as
defined in paragraph (10) and communities that have experienced
long-term populations decline and job deterioration.
``(4) Underserved applicants.--The Secretary may also set-
aside funds under paragraph (6) for applicants who have been
underserved. A class of applicants shall be eligible for
designation if, during the 5-year period preceding the year in
which the designation is made, the class received an average
annual amount of assistance under this title that is
substantially lower than the class proportionate percentage of
the rural population. Such underserved applicants may include
socially disadvantaged persons such as women, blacks,
Hispanics, Asian and Pacific Islanders, and Native Americans.
``(5) Outreach program and review.--
``(A) Outreach.--The Secretary shall publicize the
availability to targeted underserved areas and
applicants of grants and loans under this title and
promote, to the maximum extent feasible, efforts to
apply for those grants and loans.
``(B) Review.--Upon receipt of data from the 1990
decennial census, the Secretary shall conduct a review
of any designations made under paragraph (1) and
preferences given under paragraph (2) and the
eligibility of communities and counties for such
designation and preference, examining the effects of
such data on such eligibility. The Secretary shall
submit to Congress, not later than 9 months after the
availability of the data, a report regarding the
review, which shall include any recommendations of the
Secretary for modifications in the standards for
designation and preference. The Secretary shall also
submit a report to Congress at any time between
decennial census when recommendations for modification
will promote targeting of assistance for underserved
housing.
``(6) Set-aside for targeted underserved housing and
colonias.--
``(A) In general.--The Secretary shall set aside
and reserve for assistance an amount not less than 5
percent but not greater than 10 percent in each fiscal
year of the aggregate amount of lending authority under
sections 502, 504, and 515. During each fiscal year,
the Secretary shall set aside an amount of section 521
rental assistance that is appropriate to provide
assistance with respect to the appropriate lending
authority set aside each year. The Secretary shall also
set aside a reasonable amount of assistance in other
programs under this title if he/she deems necessary to
provide for underserved housing. The Secretary shall
establish a procedure to reallocate any assistance set
aside in any fiscal year for targeted underserved areas
that has not been expended during a reasonable period
in such year for use in (i) colonias that have applied
for and are eligible for assistance under subparagraph
(B) or paragraph (9) and did not receive assistance,
and (ii) counties and communities eligible for
designation as targeted underserved areas but which
were not designated. The procedure shall also provide
that any assistance reallocated under the preceding
sentence that has not been expended by a reasonable
date established by the Secretary (which shall be after
the expiration of the period referred to in the
preceding sentence) shall be made available and
allocated under the laws and regulations relating to
such assistance, notwithstanding this subsection.
``(B) Length of designation.--In designating
underserved areas under paragraph (1), each such area
shall remain designated for a period of two years;
except for counties which contain tribal allotted or
Indian trust land which shall remain designated for
three years.
``(C) Priority for colonias.--
``(i) Notwithstanding the designation of
counties and communities as targeted
underserved areas under paragraph (1) and the
provisions of section 520, colonias shall be
eligible for assistance with amounts reserved
under subparagraph (A), as provided in this
subparagraph.
``(ii) In providing assistance from amounts
reserved under this paragraph in each fiscal
year, the Secretary shall give priority to any
application for assistance to be used in, or in
close proximity to, and serving the residents
of, a colonia located in a State described
under clause (iii). After the Secretary has
provided assistance under the priority for
colonias located in a State in amount equal to
10 percent of the total amount of assistance
allocated under this title to such State in the
fiscal year or an average size loan, whichever
is greater, the priority shall not apply to any
applications for colonias in such State.
``(iii) This paragraph shall apply to any
State for the total amount of assistance
allocated to it under this title during each of
such 2 fiscal years.
``(7) List of underserved areas.--The Secretary shall
publish annually the current list of targeted underserved areas
in the Federal Register.
``(8) Project preparation assistance.--
``(A) In general.--The Secretary shall make grants
to eligible applicants under subparagraph (D) to
promote the development of affordable housing in
targeted underserved areas and colonias.
``(B) Use.--A grant under this subparagraph shall
not exceed an amount that the Secretary determines
equal to the customary and reasonable costs incurred in
preparing an application for a loan or a grant under
section 502, 504, 514, 515, or 524 or a grant under
section 516 or 533 (including preapplication planning,
site analysis, market analysis and other necessary
technical assistance). The Secretary shall adjust the
loan or grant amount under such sections to take
account of project preparation costs that have been
paid from grant proceeds under this paragraph and that
normally would be reimbursed with proceeds of the loan
or grant.
``(C) Approval.--The Secretary shall approve a
properly submitted application or issue a written
statement indicating the reasons for disapproval not
later than 60 days after receipt of the application.
``(D) Eligibility.--For purpose of this paragraph,
an eligible applicant may be a nonprofit organization
or corporation, a community housing development
organization, State, unit if general local government,
or agency of a State or unit of general local
government.
``(E) Availability of funding.--Any amounts
appropriate to carry out this paragraph shall remain
available until expended.
``(9) Priority for colonias.--
``(A) In general.--In providing assistance under
this title in any fiscal year described under paragraph
(B), each State in which colonias are located shall
give priority to any applications for assistance to be
used in a colonia. The priority under this subparagraph
shall not apply in such State after 5 percent of the
assistance available in such fiscal year has been
allocated for colonias qualifying for the priority.
``(B) Covered years.--This paragraph shall apply to
any fiscal year following 2 fiscal years in which the
State did not obligate the total amount of assistance
allocated it under this title during each of such 2
fiscal years.
``(10) Definition of colonia.--For purposes of this
subsection, the term `colonia' means any identifiable community
that--
``(A) is in the State of Arizona, California, New
Mexico or Texas;
``(B) is in the area of the United States within
150 miles of the border between United States and
Mexico, except that the term does not include any
standard metropolitan statistical areas that has a
population exceeding 1,000,000;
``(C) is determined to be a colonia on the basis of
objective criteria, including lack of potable water
supply, lack of adequate sewage systems, and lack of
decent, safe, and sanitary housing; and
``(D) was in existence as a colonia before the date
of enactment of the Cranston-Gonzalez National
Affordable Housing Act.''.
Sec. 801. Section 515(s) of the Housing Act of 1949 (U.S.C. 1471 et
seq.), is amended to read as follows:
``(s) No fee other than a late fee or reasonable application fee
not to exceed one-half of one percent of the proposed mortgage amount,
may be imposed by or for the Secretary or any other Federal agency on
or with respect to a loan made or insured under this section. Such
application fee will be used, in part, to defray the cost of
professional market studies obtained by the Secretary to determine
market feasibility. Such application fee may be waived for non-profit
applicants which are not receiving any tax credit benefits under
section 42 of the Internal Revenue Code.''. | Section 515 Rural Housing Reform - Amends the Housing Act of 1949 to revise the elderly, handicapped, or low-income rural housing loan program. | {"src": "billsum_train", "title": "Section 515 Rural Housing Reform"} | 3,524 | 36 | 0.520644 | 1.353239 | 0.237769 | 2.107143 | 117.107143 | 0.821429 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taxpayer's Defense Act''.
SEC. 2. MANDATORY CONGRESSIONAL REVIEW.
Chapter 8 of title 5, United States Code, is amended by inserting
after section 808 the following:
``SUBCHAPTER II--MANDATORY REVIEW OF CERTAIN RULES
``Sec. 815. Rules Subject to Mandatory Congressional Review
``A rule that establishes or increases a tax, however denominated,
shall not take effect before the date of the enactment of a bill
described in section 816 and is not subject to review under subchapter
I. This section does not apply to a rule promulgated under the Internal
Revenue Code of 1986.
``Sec. 816. Agency Submission
``Whenever an agency promulgates a rule subject to section 815, the
agency shall submit to each House of Congress a report containing the
text of the rule and an explanation of it. An agency shall submit such
a report separately for each such rule it promulgates. The explanation
shall consist of the concise general statement of the rule's basis and
purpose required by section 553 and such explanatory documents as are
mandated by other statutory requirements.
``Sec. 817. Approval Bill
``(a) Introduction and Referral.--
``(1) Introduction.--Not later than 3 legislative days
after the date on which an agency submits a report under
section 816, the Majority Leader of each House of Congress
shall introduce (by request) a bill the matter after the
enacting clause of which is as follows: ``The following agency
rule is approved and shall have the force and effect of law:''.
The text of the agency rule submitted under section 816 shall
be set forth after the colon. If such a bill is not introduced
in a House of Congress as provided in the first sentence of
this subsection, any Member of that House may introduce such a
bill not later than 7 legislative days after the period for
introduction by the Majority Leader.
``(2) Referral.--A bill introduced under paragraph (1)
shall be referred to the Committees in each House of Congress
with jurisdiction over the subject matter of the rule involved.
``(b) Procedure.--
``(1) Consideration in the house of representatives.--
``(A) Committee or member action.--Any committee of
the House of Representatives to which a bill is
referred shall report it without amendment, and with or
without recommendation, not later than the 30th
calendar day of session after the date of its
introduction. If any committee fails to report the bill
within that period, it is in order to move that the
House discharge the committee from further
consideration of the bill. A motion to discharge may be
made only by a Member favoring the bill (but only at a
time designated by the Speaker on the legislative day
after the calendar day on which the Member offering the
motion announces to the House his intention to do so
and the form of the motion). The motion is highly
privileged. Debate thereon shall be limited to not more
than one hour, the time to be divided in the House
equally between the proponent and an opponent. The
previous question shall be considered as ordered on the
motion to its adoption without intervening motion. A
motion to reconsider the vote by which the motion is
agreed to or disagreed to shall not be in order.
``(B) House action.--After a bill is reported or a
committee has been discharged from further
consideration, it is in order to move that the House
resolve into the Committee of the Whole House on the
State of the Union for consideration of the bill. If
reported and the report has been available for at least
one calendar day, all points of order against the bill
and against consideration of the bill are waived. If discharged, all
points of order against the bill and against consideration of the bill
are waived. The motion is highly privileged. A motion to reconsider the
vote by which the motion is agreed to or disagreed to shall not be in
order. During consideration of the bill in the Committee of the Whole,
the first reading of the bill shall be dispensed with. General debate
shall proceed, shall be confined to the bill, and shall not exceed one
hour equally divided and controlled by a proponent and an opponent of
the bill. After general debate, the bill shall be considered as read
for amendment under the five-minute rule. At the conclusion of the
consideration of the bill, the Committee shall rise and report the bill
to the House without intervening motion. The previous question shall be
considered as ordered on the bill to final passage without intervening
motion. A motion to reconsider the vote on passage of the bill shall
not be in order.
``(C) Appeals.--Appeals from decisions of the Chair
regarding application of the rules of the House of
Representatives to the procedure relating to a bill
shall be decided without debate.
``(2) Consideration in the senate.--
``(A) Referral and reporting.--Any bill introduced
in the Senate shall be referred to the appropriate
committee or committees. A committee to which a bill
has been referred shall report the bill without
amendment not later than the 30th day of session
following the date of introduction of that bill. If any
committee fails to report the bill within that period,
that committee shall be automatically discharged from
further consideration of the bill and the bill shall be
placed on the Calendar.
``(B) Bill from house.--When the Senate receives
from the House of Representatives a bill, such bill
shall not be referred to committee and shall be placed
on the Calendar.
``(C) Motion nondebatable.--A motion to proceed to
consideration of a bill under this subsection shall not
be debatable. It shall not be in order to move to
reconsider the vote by which the motion to proceed was
adopted or rejected, although subsequent motions to
proceed may be made under this paragraph.
``(D) Limit on consideration.--
``(i) Vote.--After no more than 10 hours of
consideration of a bill, the Senate shall
proceed, without intervening action or debate
(except as permitted under subparagraph (F)),
to vote on the final disposition thereof to the
exclusion of all motions, except a motion to
reconsider or to table.
``(ii) Motion to extend.--A single motion
to extend the time for consideration under
clause (i) for no more than an additional 5
hours is in order before the expiration of such
time and shall be decided without debate.
``(iii) Time for debate.--The time for
debate on the disapproval bill shall be equally
divided between the Majority Leader and the
Minority Leader or their designees.
``(E) No motion to recommit.--A motion to recommit
a bill shall not be in order.
``(F) Disposition of senate bill.--If the Senate
has read for the third time a bill that originated in
the Senate, then it shall be in order at any time
thereafter to move to proceed to the consideration of a
bill for the same special message received from the
House of Representatives and placed on the Calendar
pursuant to subparagraph (B), strike all after the
enacting clause, substitute the text of the Senate
bill, agree to the Senate amendment, and vote on final
disposition of the House bill, all without any
intervening action or debate.
``(G) Consideration of house message.--
Consideration in the Senate of all motions, amendments,
or appeals necessary to dispose of a message from the
House of Representatives on a bill shall be limited to
not more than 4 hours. Debate on each motion or
amendment shall be limited to 30 minutes. Debate on any
appeal or point of order that is submitted in
connection with the disposition of the House message
shall be limited to 20 minutes. Any time for debate
shall be equally divided and controlled by the
proponent and the majority manager, unless the majority
manager is a proponent of the motion, amendment,
appeal, or point of order, in which case the minority
manager shall be in control of the time in opposition.
SEC. 3. TECHNICAL AMENDMENTS.
(a) Heading.--Chapter 8 of title 5, United States Code, is amended
by inserting before section 801 the following:
``SUBCHAPTER I--DISCRETIONARY CONGRESSIONAL REVIEW''.
(b) Table of Sections.--The table of sections for chapter 8 of
title 5, United States Code, is amended by inserting before the
reference to section 801 the following:
``subchapter i--discretionary congressional review''
and by inserting after the reference to section 808 the following:
``subchapter ii--mandatory review of certain rules
``815. Rules subject to mandatory Congressional review.
``816. Agency submission.
``817. Approval bill.''. | Taxpayer's Defense Act - Amends Federal law provisions concerning discretionary congressional review of agency rules to set forth provisions mandating that a rule that establishes or increases a tax, however denominated, shall not take effect before the enactment of a bill the text of which has been submitted to each House of the Congress by the agency promulgating the rule in a report that contains the bill's text and an explanation of the bill. Exempts a rule promulgated under the Internal Revenue Code.
Outlines introduction, referral, and consideration procedures for approval of the bill. | {"src": "billsum_train", "title": "Taxpayer's Defense Act"} | 1,996 | 135 | 0.619042 | 1.578401 | 0.645818 | 3.628571 | 17.419048 | 0.885714 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trash Reduction Act of 2011''.
SEC. 2. IMPOSITION OF TAX ON DISPOSABLE CARRYOUT BAGS.
(a) General Rule.--Chapter 31 of the Internal Revenue Code of 1986
(relating to retail excise taxes) is amended by inserting after
subchapter C the following new subchapter:
``Subchapter D--Disposable Carryout Bags
``Sec. 4056. Imposition of tax.
``SEC. 4056. IMPOSITION OF TAX.
``(a) General Rule.--There is hereby imposed on any retail sale a
tax on each disposable carryout bag.
``(b) Amount of Tax.--The amount of tax imposed by subsection (a)
shall be $0.05 per disposable carryout bag.
``(c) Liability for Tax.--The retailer shall be liable for the tax
imposed by this section.
``(d) Definitions.--For purposes of this section--
``(1) Disposable carryout bag.--
``(A) In general.--The term `disposable carryout
bag' means a bag of any material, commonly plastic or
kraft paper, which is provided to a consumer at the
point of sale to carry or cover purchases, merchandise,
or other items.
``(B) Exceptions.--Such term does not include--
``(i) any reusable bag,
``(ii) any bag manufactured for use by a
customer inside a store to package bulk items
such as fruit, vegetables, nuts, grains, candy,
or small hardware items, such as nails and
bolts,
``(iii) any bag that contains or wraps
frozen foods, prepared foods, or baked goods
when not prepackaged,
``(iv) any bag manufactured for use by a
pharmacist to contain prescription drugs, and
``(v) any bag manufactured to be sold at
retail in packages containing multiple bags
intended for use as garbage, pet waste, or yard
waste bags.
``(2) Reusable bag.--The term `reusable bag' means a bag
that is--
``(A)(i) made of cloth or other machine washable
fabric, or
``(ii) made of a durable plastic that is at least
2.25 millimeters thick, and
``(B) is specifically designed and manufactured for
multiple use.
``(e) Special Rules.--
``(1) Pass through of tax.--The tax imposed by subsection
(a) shall be passed through to the customer and shall be
separately stated on the receipt of sale provided to the
customer.
``(2) 1st retail sale; use treated as sale.--For purposes
of this section, rules similar to the rules of subsections (a)
and (b) of section 4002 shall apply.''.
(b) Carryout Bag Recycling Program.--Subchapter B of chapter 65 of
such Code is amended by adding at the end the following new section:
``SEC. 6433. QUALIFIED DISPOSABLE CARRYOUT BAG RECYCLING PROGRAM.
``(a) Allowance of Credit.--If--
``(1) tax has been imposed under section 4056 on any
disposable carryout bag,
``(2) a retailer provides such bag to a customer in a point
of sale transaction,
``(3) such retailer has in effect at the time of such
transaction a qualified carryout bag recycling program, and
``(4) such retailer has kept and can produce records for
purposes of this section and section 4056 that include the
total number of disposable carryout bags purchased and the
amounts passed through to the customer for such bags pursuant
to section 4056(e),
the Secretary shall pay (without interest) to such retailer an amount
equal to the applicable amount for each such bag used by the retailer
in connection with a point of sale transaction.
``(b) Applicable Amount.--For purposes of subsection (a), the
applicable amount is $0.01.
``(c) Qualified Disposable Carryout Bag Recycling Program.--For
purposes of this section--
``(1) In general.--The term `qualified carryout bag
recycling program' means a recycling program under which the
retailer--
``(A) to the extent the retailer provides
disposable carryout bags (as defined in section 4056)
to customers--
``(i) passes through the tax imposed by
section 4056 and tracks the total number of
bags purchased and amount of tax passed through
pursuant to section 6433(a),
``(ii) has printed or displayed on each
such bag, in a manner clearly visible to a
customer, the words `PLEASE RETURN TO A
PARTICIPATING STORE FOR RECYCLING',
``(iii) uses bags that are 100 percent
recyclable,
``(iv) uses bags that are made of high-
density polyethylene film marked with the SPI
resin identification code 2 or low-density
polyethylene film marked with the SPI resin
identification code 4, and
``(v) uses bags that contain a minimum of
40 percent post-consumer recycled content,
``(B) places at each place of business at which
retail operations are conducted one or more carryout
bag collection bins which are visible, easily
accessible to the customer, and clearly marked as being
for the purpose of collecting and recycling disposable
carryout bags,
``(C) recycles the disposable carryout bags
collected pursuant to subparagraph (B),
``(D) maintains for not less than 3 years records
(which shall be available to the Secretary) describing
the collection, transport, and recycling of disposable
carryout bags collected,
``(E) makes available to customers within the
retail establishment reusable bags (as defined in
section 4056(c)(2)) which may be purchased and used in
lieu of using a disposable carryout bag, and
``(F) meets the definition of 4056(d)(3).
``(2) Recycling program.--The term `recycling program'
means a program that processes used materials or waste
materials into new products to prevent waste of potentially
useful materials; reduce raw materials consumption; reduce
energy usage; reduce air, water, or other pollution; or reduce
the need for disposal.''.
(c) Establishment of Trust Fund.--Subchapter A of chapter 98 of
such Code (relating to trust fund code) is amended by adding at the end
the following:
``SEC. 9512. DISPOSABLE CARRYOUT BAG TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Disposable
carryout bag Trust Fund' (referred to in this section as the `Trust
Fund'), consisting of such amounts as may be appropriated or credited
to the Trust Fund as provided in this section or section 9602(b).
``(b) Transfers to Trust Fund.--There is hereby appropriated to the
Trust Fund an amount equivalent to the amounts received in the Treasury
pursuant to section 4056.
``(c) Expenditures From Trust Fund.--Amounts in the Trust Fund
shall be available, as provided by appropriation Acts, for making
payments under section 6433.
``(d) Transfer to Land and Water Conservation Fund.--
``(1) In general.--The Secretary shall pay from time to
time from the Trust Fund into the land and water conservation
fund provided for in title I of the Land and Water Conservation
Fund Act of 1965 amounts (as determined by the Secretary)
equivalent to the aggregate of the transactions on which tax is
imposed under section 4056 aggregate amounts determined on the
basis of $0.01.
``(2) Special rule regarding amounts transferred.--Amounts
transferred to the land and water conservation fund under
paragraph (1) shall not be taken into account for purposes of
determining amounts to be appropriated or credited to the fund
under section 2(c) of the Land and Water Conservation Fund Act
of 1965 (16 U.S.C. 460l-5(c)).''.
(d) Study.--Not later than December 31, 2013, the Comptroller
General of the United States shall conduct a study on the effectiveness
of the provisions of this Act at reducing the use of disposable
carryout bags and encouraging recycling of such bags. The report
shall--
(1) address measures that the Comptroller General
determines may increase the effectiveness of such provisions,
including the amount of tax imposed on each disposable carryout
bag, and
(2) any effects, both positive and negative, on any United
States businesses. The Comptroller General shall submit a
report of such study to the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of the
Senate.
(e) Clerical Amendments.--
(1) The table of subchapters for chapter 31 of such Code is
amended by inserting after the item relating to adding at the
end thereof the following new item:
``Subchapter D. Disposable carryout bags.''.
(2) The table of sections for subchapter B of chapter 65 of
such Code is amended by adding at the end the following new
item:
``Sec. 6433. Qualified disposable carryout bag recycling program.''.
(3) The table of sections for subchapter A of chapter 98 of
such Code is amended by adding at the end the following new
item:
``Sec. 9512. Disposable carryout bag trust fund.''.
(f) Effective Date.--The amendments made by this section shall take
effect on January 1, 2011. | Trash Reduction Act of 2011 - Amends the Internal Revenue Code to require retailers to pay a $0.05 excise tax on each disposable carryout bag provided to a consumer. Defines "disposable carryout bag" to mean a bag of any material, commonly plastic or kraft paper, which is provided to a consumer at the point of sale to carry or cover purchases, merchandise, or items. Exempts reusable bags and certain other bags used for specified purposes from such tax. Allows a refund of such tax for retailers who establish a disposable carryout bag recycling program.
Establishes in the Treasury the Disposable carryout bag Trust Fund to hold tax revenues generated by this Act. Directs the Secretary of the Treasury to make payments from such Trust Fund for the disposable carryout bag recycling program and for the land and water conservation fund established by the Land and Water Conservation Fund Act of 1965.
Directs the Comptroller General to report to Congress on the effectiveness of this Act in reducing the use of disposable carryout bags and encouraging recycling of such bags. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to impose a retail tax on disposable carryout bags, and for other purposes."} | 2,176 | 233 | 0.63117 | 1.717252 | 0.820439 | 4.041026 | 9.892308 | 0.882051 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Deficit Committee Transparency
Act''.
SEC. 2. DISCLOSURE OF CERTAIN ACTIVITIES OF MEMBERS AND STAFF OF THE
JOINT SELECT COMMITTEE ON DEFICIT REDUCTION.
Section 401 of the Budget Control Act of 2011 is amended by
redesignating subsection (d) as subsection (h) and by adding after
subsection (c) the following new subsections:
``(d) Disclosure of Lobbying Activities and Meetings.--
``(1) In general.--Any member of the joint committee, and
any individual who is on the staff of the committee or on the
personal staff of a member of the committee, shall disclose any
meeting with any other individual relating to matters before
the committee if such individual--
``(A) is a registered lobbyist or agent of a
foreign principal as those terms are defined in clause
5 of rule XXV of the Rules of the House of
Representatives;
``(B) has any direct personal or pecuniary interest
in any legislative measure pending before the House of
Representatives or the Senate or reported by a
committee of either House; or
``(C) is in the employ of or represents any party
or organization for the purpose of influencing,
directly or indirectly, the passage, defeat, or
amendment of any legislative proposal.
``(2) Timing of disclosure.--A meeting shall be disclosed
under paragraph (1) within 48 hours after such meeting is held,
subject to subsection (f)(2).
``(e) Disclosure of Campaign or Member-Designated Political Action
Committee Contributions.--
``(1) In general.--Any member of the joint committee who is
a candidate with an authorized committee or who is a candidate
or an individual holding Federal office affiliated with a
leadership PAC shall disclose any contribution such committee
or such leadership PAC receives from an individual, or any
entity, which--
``(A) is a registered lobbyist or agent of a
foreign principal;
``(B) the authorized committee or leadership PAC,
using the best efforts of such committee or PAC,
determines is in the employ of or represents any party
or organization for the purpose of directly or
indirectly influencing the passage, defeat, or
amendment of any legislative proposal; or
``(C) makes a single contribution in excess of
$500.
``(2) Timing of disclosure.--The disclosure required under
paragraph (1) shall be made not later than 48 hours after the
receipt of the contribution described in such paragraph.
``(3) Definitions.--In this subsection:
``(A) Authorized committee, candidate, and
contribution.--The terms `authorized committee',
`candidate', and `contribution' have the meaning given
such terms in section 301 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 431).
``(B) Foreign principal, lobbyist.--The terms
`foreign principal' and `registered lobbyist' have the
meaning given such terms in clause 5 of rule XXV of the
Rules of the House of Representatives.
``(C) Leadership pac.--The term `leadership PAC'
has the meaning given such term in section 304(i)(8) of
the Federal Election Campaign Act of 1971 (2 U.S.C.
434(i)(8)).
``(f) Final Report on Activities & Campaign or Member-Designated
Political Action Committee Contributions.--
``(1) Contents of final report.--Not later than December 2,
2011, the joint committee shall submit a report to both Houses
of Congress disclosing all information required under
subsections (d) and (e) in a final report.
``(2) Certain activities posted on website.--(A) Any
meeting described under subsection (d) that occurs in the 48-
hour period immediately preceding the vote required under
subsection (b)(3)(B)(i) shall be posted on the official website
of the joint committee before such meeting is held and before
such vote may occur.
``(B) Any meeting described under subsection (d) that
occurs in the 48-hour period immediately preceding the
submission of the report and legislative language required
under subsection (b)(3)(B)(ii) shall be posted to the website
before such meeting is held and before such submission may
occur.
``(g) Official Website.--
``(1) Creation of joint committee website.--Before the
first meeting of the joint committee, the Co-Chairs shall
establish and maintain a website for the joint committee that
is available to the public and the contents of which are
searchable and sortable.
``(2) Content.--The website shall contain information
required under subsections (d), (e), and (f) and shall contain
such other information the joint committee or its staff deems
necessary and beneficial to inform the public of the
committee's proceedings, deliberations, and deadlines of the
joint committee.
``(3) Posting requirements.--Information required to be
disclosed under subsections (d), (e), and (f) shall be posted
to the website within the timeframe required for disclosure
under such subsections.''.
SEC. 3. PUBLICATION OF REPORT AND LEGISLATIVE LANGUAGE PROPOSED BY
JOINT COMMITTEE.
Section 401(b)(3)(B)(iv) of the Budget Control Act of 2011 is
amended by inserting before the first sentence the following new
sentence: ``The proposed joint committee report and proposed
legislative language shall be made available to the public on the
website of the joint committee at least 72 hours before the vote on
such measures.''.
SEC. 4. AUDIO AND VISUAL COVERAGE OF JOINT COMMITTEE HEARINGS.
Section 401(b)(5)(F) of the Budget Control Act of 2011 is amended
by adding at the end thereof the following new clause:
``(iii) Audio and visual coverage.--
Whenever a hearing conducted by the joint
committee is open to the public, those
proceedings shall be open to coverage by audio
and visual means, including in a format that is
streaming on the Internet via the website of
the joint committee.''. | Deficit Committee Transparency Act - Amends the Budget Control Act of 2011 to require any member of the Joint Select Committee on Deficit Reduction, and any individual on the committee staff or the personal staff of a committee member, to disclose any meeting, within 48 hours after it takes place, with any other individual relating to matters before the committee if the individual: (1) is a registered lobbyist or agent of a foreign principal; (2) has any direct personal or pecuniary interest in any legislative measure pending before the House of Representatives or the Senate or reported by a committee of either chamber; or (3) is in the employ of or represents any party or organization for the purpose of influencing, directly or indirectly, the passage, defeat, or amendment of any legislative proposal.
Requires any member of the Joint Committee who is a candidate with an authorized committee or who is a candidate or an individual holding federal office affiliated with a leadership political action committee (PAC) to disclose, within 48 hours of receipt, any contribution such committee or leadership PAC receives from an individual, or any entity, which: (1) is a registered lobbyist or agent of a foreign principal; (2) the authorized committee or leadership PAC, using its best efforts, determines is in the employ of or represents any party or organization for the purpose of directly or indirectly influencing the passage, defeat, or amendment of any legislative proposal; or (3) makes a single contribution in excess of $500.
Requires the Co-Chairs of the Joint Committee, before its first meeting, to establish a public website containing: (1) such disclosures of lobbying activities and meetings, and of campaign or Member-designated leadership PAC contributions; (2) the final report on specified activities and contributions; and (3) such other information the Joint Committee or its staff deems necessary and beneficial to inform the public of its proceedings, deliberations, and deadlines.
Requires the Joint Committee's proposed report and legislative language to be made publicly available on its website at least 72 hours before the vote on such measures.
Requires any hearing of the Joint Committee open to the public to be open to coverage by audio and visual means, including in a format that is streaming on the Internet via the Joint Committee's website. | {"src": "billsum_train", "title": "To amend the Budget Control Act of 2011 to require members and staff of the Joint Select Committee on Deficit Reduction to disclose lobbying activities and campaign or member-designated political action committee contributions, and for other purposes."} | 1,388 | 489 | 0.776662 | 2.248449 | 0.931453 | 5.1766 | 2.713024 | 0.94702 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Anti-Corruption Act of
2001''.
SEC. 2. LIMITATIONS ON FOREIGN ASSISTANCE.
(a) Report and Certification.--
(1) In general.--Not later than March 1 of each year, the
President shall submit to the appropriate committees a
certification described in paragraph (2) and a report for each
country that received foreign assistance under part I of the
Foreign Assistance Act of 1961 during the fiscal year. The
report shall describe the extent to which each such country is
making progress with respect to the following economic
indicators:
(A) Implementation of comprehensive economic
reform, based on market principles, private ownership,
equitable treatment of foreign private investment,
adoption of a legal and policy framework necessary for
such reform, protection of intellectual property
rights, and respect for contracts.
(B) Elimination of corrupt trade practices by
private persons and government officials.
(C) Moving toward integration into the world
economy.
(2) Certification.--The certification described in this
paragraph means a certification as to whether, based on the
economic indicators described in subparagraphs (A) through (C)
of paragraph (1), each country is--
(A) conducive to United States business;
(B) not conducive to United States business; or
(C) hostile to United States business.
(b) Limitations on Assistance.--
(1) Countries hostile to united states business.--
(A) General limitation.--Beginning on the date the
certification described in subsection (a) is
submitted--
(i) none of the funds made available for
assistance under part I of the Foreign
Assistance Act of 1961 (including unobligated
balances of prior appropriations) may be made
available for the government of a country that
is certified as hostile to United States
business pursuant to such subsection (a); and
(ii) the Secretary of the Treasury shall
instruct the United States Executive Director
of each multilateral development bank to vote
against any loan or other utilization of the
funds of such institution to or by any country
with respect to which a certification described
in clause (i) has been made.
(B) Duration of limitations.--Except as provided in
subsection (c), the limitations described in clauses
(i) and (ii) of subparagraph (A) shall apply with
respect to a country that is certified as hostile to
United States business pursuant to subsection (a) until
the President certifies to the appropriate committees
that the country is making significant progress in
implementing the economic indicators described in
subsection (a)(1) and is no longer hostile to United
States business.
(2) Countries not conducive to united states business.--
(A) Probationary period.--A country that is
certified as not conducive to United States business
pursuant to subsection (a), shall be considered to be
on probation beginning on the date of such
certification.
(B) Required improvement.--Unless the President
certifies to the appropriate committees that the
country is making significant progress in implementing
the economic indicators described in subsection (a) and
is committed to being conducive to United States
business, beginning on the first day of the fiscal year
following the fiscal year in which a country is
certified as not conducive to United States business
pursuant to subsection (a)(2)--
(i) none of the funds made available for
assistance under part I of the Foreign
Assistance Act of 1961 (including unobligated
balances of prior appropriations) may be made
available for the government of such country;
and
(ii) the Secretary of the Treasury shall
instruct the United States Executive Director
of each multilateral development bank to vote
against any loan or other utilization of the
funds of such institution to or by any country
with respect to which a certification described
in subparagraph (A) has been made.
(C) Duration of limitations.--Except as provided in
subsection (c), the limitations described in clauses
(i) and (ii) of subparagraph (B) shall apply with
respect to a country that is certified as not conducive
to United States business pursuant to subsection (a)
until the President certifies to the appropriate
committees that the country is making significant
progress in implementing the economic indicators
described in subsection (a)(1) and is conducive to
United States business.
(c) Exceptions.--
(1) National security interest.--Subsection (b) shall not
apply with respect to a country described in subsection (b) (1)
or (2) if the President determines with respect to such country
that making such funds available is important to the national
security interest of the United States. Any such determination
shall cease to be effective 6 months after being made unless
the President determines that its continuation is important to
the national security interest of the United States.
(2) Other exceptions.--Subsection (b) shall not apply with
respect to--
(A) assistance to meet urgent humanitarian needs
(including providing food, medicine, disaster, and
refugee relief);
(B) democratic political reform and rule of law
activities;
(C) the creation of private sector and
nongovernmental organizations that are independent of
government control; and
(D) the development of a free market economic
system.
SEC. 3. TOLL-FREE NUMBER.
The Secretary of Commerce shall make available a toll-free
telephone number for reporting by members of the public and United
States businesses on the progress that countries receiving foreign
assistance are making in implementing the economic indicators described
in section 2(a)(1). The information obtained from the toll-free
telephone reporting shall be included in the report required by section
2(a).
SEC. 4. DEFINITIONS.
In this Act:
(1) Appropriate committees.--The term ``appropriate
committees'' means the Committee on International Relations of
the House of Representatives and the Committee on Foreign
Relations of the Senate.
(2) Multilateral development bank.--The term ``multilateral
development bank'' means the International Bank for
Reconstruction and Development, the International Development
Association, and the European Bank for Reconstruction and
Development. | International Anti-Corruption Act of 2001 - Directs the President to certify annually to the appropriate congressional committees as to whether each country receiving foreign assistance under the Foreign Assistance Act of 1961 is: (1) conducive to U.S. business; (2) not conducive to U.S. business; or (3) hostile to U.S. business. Prescribes foreign assistance limitations for countries hostile or not conducive to U.S. business.Requires a report to accompany such certification describing the extent to which each such country is making progress in: (1) implementing comprehensive economic reform, based on market principles, private ownership, and other specified economic indicators; (2) eliminating corrupt trade practices by private persons and government officials; and (3) moving toward integration into the world economy.Instructs the Secretary of Commerce to make a toll-free telephone number available for progress reports on countries receiving foreign assistance and implementing specified economic indicators. | {"src": "billsum_train", "title": "A bill to provide that countries receiving foreign assistance be conducive to United States business."} | 1,294 | 195 | 0.647203 | 1.939767 | 0.92723 | 3.180233 | 7.30814 | 0.901163 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Livestock Marketing Fairness Act''.
SEC. 2. PURPOSE.
The purpose of the amendments made by this Act is to prohibit the
use of certain anti-competitive forward contracts--
(1) to require a firm base price in forward contracts and
marketing agreements; and
(2) to require that forward contracts be traded in open,
public markets.
SEC. 3. LIMITATION ON USE OF ANTI-COMPETITIVE FORWARD CONTRACTS.
(a) In General.--Section 202 of the Packers and Stockyards Act,
1921 (7 U.S.C. 192), is amended--
(1) by striking ``Sec. 202. It shall be'' and inserting the
following:
``SEC. 202. UNLAWFUL PRACTICES.
``(a) In General.--It shall be'';
(2) by striking ``to:'' and inserting ``to--'';
(3) by redesignating subsections (a), (b), (c), (d), (e),
(f), and (g) as paragraphs (1), (2), (3), (4), (5), (7), and
(8), respectively, and indenting appropriately;
(4) in paragraph (7) (as redesignated by paragraph (3)), by
designating paragraphs (1), (2), and (3) as subparagraphs (A),
(B), and (C), respectively, and indenting appropriately;
(5) in paragraph (8) (as redesignated by paragraph (3)), by
striking ``subdivision (a), (b), (c), (d), or (e)'' and
inserting ``paragraph (1), (2), (3), (4), (5), or (6)'';
(6) in each of paragraphs (1), (2), (3), (4), (5), (7), and
(8) (as redesignated by paragraph (3)), by striking the first
capital letter of the first word in the paragraph and inserting
the same letter in the lower case;
(7) in each of paragraphs (1) through (5) (as redesignated
by paragraph (3)), by striking ``or'' at the end;
(8) by inserting after paragraph (5) (as redesignated by
paragraph (3)) the following:
``(6) except as provided in subsection (c), use, in
effectuating any sale of livestock, a forward contract that--
``(A) does not contain a firm base price that may
be equated to a fixed dollar amount on the day on which
the forward contract is entered into;
``(B) is not offered for bid in an open, public
manner under which--
``(i) buyers and sellers have the
opportunity to participate in the bid; and
``(ii) buyers and sellers may witness bids
that are made and accepted;
``(C) is based on a formula price; or
``(D) subject to subsection (b), provides for the
sale of livestock in a quantity in excess of--
``(i) in the case of cattle, 40 cattle;
``(ii) in the case of swine, 30 swine; and
``(iii) in the case of other types of
livestock, a comparable quantity of the type of
livestock determined by the Secretary.''; and
(9) by adding at the end the following:
``(b) Adjustments.--The Secretary may adjust the maximum quantity
of livestock described in subsection (a)(6)(D) to reflect advances in
marketing and transportation capabilities if the adjusted quantity
provides reasonable market access for all buyers and sellers.
``(c) Exemption for Cooperatives.--Subsection (a)(6) shall not
apply to--
``(1) a cooperative or entity owned by a cooperative, if a
majority of the ownership interest in the cooperative is held
by active cooperative members that--
``(A) own, feed, or control livestock; and
``(B) provide the livestock to the cooperative for
slaughter;
``(2) a packer that is not required to report to the
Secretary on each reporting day (as defined in section 212 of
the Agricultural Marketing Act of 1946 (7 U.S.C. 1635a))
information on the price and quantity of livestock purchased by
the packer; or
``(3) a packer that owns 1 livestock processing plant.''.
(b) Definitions.--Section 2(a) of the Packers and Stockyards Act,
1921 (7 U.S.C. 182(a)) is amended by adding at the end the following:
``(15) Firm base price.--The term `firm base price' means a
transaction using a reference price from an external source.
``(16) Formula price.--
``(A) In general.--The term `formula price' means
any price term that establishes a base from which a
purchase price is calculated on the basis of a price
that will not be determined or reported until a date
after the day the forward price is established.
``(B) Exclusion.--The term `formula price' does not
include--
``(i) any price term that establishes a
base from which a purchase price is calculated
on the basis of a futures market price; or
``(ii) any adjustment to the base for
quality, grade, or other factors relating to
the value of livestock or livestock products
that are readily verifiable market factors and
are outside the control of the packer.
``(17) Forward contract.--The term `forward contract' means
an oral or written contract for the purchase of livestock that
provides for the delivery of the livestock to a packer at a
date that is more than 7 days after the date on which the
contract is entered into, without regard to whether the
contract is for--
``(A) a specified lot of livestock; or
``(B) a specified number of livestock over a
certain period of time.''. | Livestock Marketing Fairness Act - Amends the Packers and Stockyards Act, 1921 to prohibit a livestock sale forward contract (with an exception for specified cooperatives) that: (1) does not contain a firm base price that may be equated to a fixed dollar amount on the contract day; (2) is not offered for open public bid; (3) is based on a formula price; or (4) provides for the sale of more that 40 cattle, 30 swine, or other livestock in a quantity as determined by the Secretary of Agriculture.
Defines: (1) "firm base price" as a transaction using an external source reference price; (2) "formula price" as any price term that establishes a base from which a purchase price is calculated on the basis of a price that will not be determined or reported until a date after the forward price is established (with specified exclusions); and (3) "forward contract" as a livestock purchase contract that provides for livestock delivery to a packer at a date that is more than seven days after the date on which the contract is entered into, without regard to whether the contract is for a specified lot of livestock or a specified number of livestock over a certain period of time. | {"src": "billsum_train", "title": "A bill to amend the Packers and Stockyards Act, 1921, to prohibit the use of certain anti-competitive forward contracts."} | 1,360 | 270 | 0.498632 | 1.517192 | 0.613431 | 4.684426 | 5.295082 | 0.938525 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare and Medicaid Fraud
Prevention and Control Act of 2009''.
SEC. 2. ENHANCED CMS PROGRAM PROTECTION AUTHORITY.
(a) In General.--Title XI of the Social Security Act (42 U.S.C.
1301 et seq.) is amended by inserting after section 1128F the following
new section:
``SEC. 1128G. ENHANCED PROGRAM AND PROVIDER PROTECTIONS IN THE
MEDICARE, MEDICAID, AND CHIP PROGRAMS.
``(a) Certain Authorized Screening, Enhanced Oversight Periods,
Enrollment Moratoria, and Periodic Validations.--
``(1) Authorization.--
``(A) In general.--In which the Secretary has
determined that there is a significant risk of
fraudulent activity (as determined by the Secretary
based on relevant complaints, reports, referrals by law
enforcement or other sources, data analysis, trending
information, or claims submissions by providers of
services and suppliers) with respect to a category of
provider of services or supplier of items or services,
which may be a category within a geographic area, under
title XVIII, XIX, or XXI, the Secretary may impose,
subject to subparagraph (B), with respect to a program
under title XVIII, XIX, or XXI, the Secretary impose
any of the following requirements with respect to a
provider of services or a supplier (whether such
provider or supplier is initially enrolling in the
program or is renewing such enrollment):
``(i) Screening under paragraph (2).
``(ii) Enhanced oversight periods under
paragraph (3).
``(iii) Enrollment moratoria under
paragraph (4).
``(iv) Periodic validations of
authorizations under paragraph (5).
``(B) State requirement.--In applying this
subsection for purposes of title XIX and XXI, the
Secretary may require a State to carry out the
provisions of this subsection (and subsection (b)) as a
requirement of the State plan under title XIX or the
child health plan under title XXI. Actions taken and
determinations made under this subsection and
subsection (b) shall not be subject to review by a
judicial tribunal.
``(2) Screening.--For purposes of paragraph (1), the
Secretary shall establish procedures under which screening is
conducted with respect to providers of services and suppliers
described in such paragraph. Such screening may include at
least--
``(A) licensing board checks;
``(B) screening against the list of individuals and
entities excluded from the program under title XVIII,
XIX, or XXI;
``(C) the excluded provider list system;
``(D) background checks;
``(E) unannounced pre-enrollment or other site
visits; and
``(F) heightened disclosure of affiliations.
``(3) Enhanced oversight period.--For purposes of paragraph
(1), the Secretary shall establish procedures to provide for a
period of not less than 30 days and not more than 365 days
during which providers of services and suppliers described in
such paragraph, as the Secretary determines appropriate, would
be subject to enhanced oversight, such as required or
unannounced (or required and unannounced) site visits or
inspections, prepayment review, enhanced review of claims, and
such other actions as specified by the Secretary, under the
programs under titles XVIII, XIX, and XXI. Under such
procedures, the Secretary may extend such period for more than
365 days if the Secretary determines that after the initial
period such additional period of oversight is necessary.
``(4) Enhanced oversight for claims of dme suppliers.--If
the Secretary determines under paragraph (1) that there is a
significant risk of fraudulent activity among suppliers of
durable medical equipment, in the case of a supplier of durable
medical equipment who is within a category or geographic area
under title XVIII identified pursuant to such determination,
whether at the time of initial enrollment under such title or
otherwise, the Secretary shall, notwithstanding section
1842(c)(2), withhold payment under such title with respect to
durable medical equipment furnished by such supplier during a
period specified by the Secretary.
``(5) Periodic review of physician authorizations.--For
purposes of paragraph (1), the Secretary shall establish a
program under which, in cases in which the Secretary (or an
administrative contractor) determines under a program described
in paragraph (1) that there may have been a pattern of
excessive prescribing or authorization of items or services by
a physician or other health care professional--
``(A) the Secretary (or contractor) submits to the
physician or professional on a quarterly basis a list
of the claims submitted under the program based on a
prescription or authorization by the physician or
professional; and
``(B) if the physician or professional does not
validate by the end of the 90-day period beginning on
the date of receipt of the list the legitimacy of the
previously identified claims for items and services
prescribed or authorized by the physician or
professional, claims relating to such items and
services prescribed or authorized by such physician or
professional for subsequent periods shall be denied
until such validation is made.
``(6) Moratorium on enrollment of providers and
suppliers.--For purposes of paragraph (1), the Secretary, based
upon a finding of a risk of serious ongoing fraud within a
program under title XVIII, XIX, or XXI, may impose a moratorium
on the enrollment of providers of services and suppliers within
a category of providers of services and suppliers (including a
category within a specific geographic area) under such title.
Such a moratorium may only be imposed if the Secretary makes a
determination that the moratorium would not adversely impact
access of individuals to care under such program.
``(7) Clarification.--Nothing in this subsection shall be
interpreted to preclude or limit the ability of a State to
engage in provider screening or enhanced provider oversight
activities beyond those required by the Secretary.
``(b) Probationary Period To Determine Legitimacy of New Providers
and Suppliers.--The Secretary shall establish procedures (without
regard to section 1874A(h)) under which at the time a provider or
supplier is first approved for participation in the program under title
XVIII, XIX, or XXI, there shall be a probationary period of heightened
review (specified by the Secretary, but in no case longer than 1 year)
under which--
``(1) the Secretary (or an administrative contractor) shall
review a random or other appropriate sample of claims to
determine the legitimacy of the operations of the provider or
supplier;
``(2) the Secretary (or such contractor) shall validate the
legitimacy of physician prescriptions or other authorizations
for the items and services furnished by such provider or
supplier; and
``(3) if the Secretary, on the basis of such a review of
such claims or such validation, makes a preliminary finding
that a significant or disproportionate number of such claims
are not legitimate (as determined by the Secretary), the
Secretary may suspend or terminate the participation of the
provider or supplier with notice to the provider or supplier.
The provisions of subsections (c) through (g) of section 1128 shall
apply to a suspension or termination under paragraph (3) in the same
manner as such provisions apply to an exclusion under subsection (a) or
(b) of such section. In the case of a physician or other professional
that fails to cooperate with the Secretary (or a contractor) in the
validation of prescriptions or authorizations described in paragraph
(2), the Secretary may impose a civil monetary penalty of not to exceed
$10,000 with respect to the validation of items and services furnished
by any particular provider or supplier. The provisions of section 1128A
(other than subsections (a) and (b)) shall apply to a civil money
penalty under the previous sentence in the same manner as such
provisions apply to a penalty or proceeding under section 1128A(a).''.
(b) Revision of Prompt Pay Provisions.--Sections 1816(c)(2) and
1842(c)(2) of such Act (42 U.S.C. 1395h(c)(2), 1395u(c)(2)) are each
amended--
(1) in subparagraph (A), by striking ``Each contract'' and
inserting ``Subject to subparagraph (C), each contract''; and
(2) by adding at the end the following new subparagraph:
``(C) Subparagraph (A) shall not apply to claims of providers or
suppliers in cases in which the Secretary identifies a pattern or
practice of claim submission that appear to be suspicious or otherwise
indicative of a higher likelihood of being fraudulent.''.
(c) Conforming Amendments.--
(1) Medicaid.--Section 1902(a) of the Social Security Act
(42 U.S.C. 1396a(a)) is amended--
(A) in paragraph (23), by inserting before the
semicolon at the end the following: ``or by a person to
whom or entity to which a moratorium under section
1128G(a)(4) is applied during the period of such
moratorium'';
(B) in paragraph (72); by striking at the end
``and'';
(C) in paragraph (73), by striking the period at
the end and inserting ``; and''; and
(D) by adding after paragraph (73) the following
new paragraph:
``(74) provide that the State will enforce any
determination made by the Secretary under subsection (a)
(relating to a significant risk of fraudulent activity with
respect to a category of provider or supplier described in such
subsection through use of the appropriate procedures described
in such subsection) or subsection (b) section 1128G and that
the State will carry out any activities as required by the
Secretary for purposes of such subsection (a).''.
(2) CHIP.--Section 2102 of such Act (42 U.S.C. 1397bb) is
amended by adding at the end the following new subsection:
``(d) Program Integrity.--A State child health plan shall include a
description of the procedures to be used by the State--
``(1) to enforce any determination made by the Secretary
under subsection (a) (relating to a significant risk of
fraudulent activity with respect to a category of provider or
supplier described in such subsection through use of the
appropriate procedures described in such subsection) or
subsection (b) section 1128G; and
``(2) to carry out any activities as required by the
Secretary for purposes of such subsection.''.
(3) Medicare.--Section 1866(j) of such Act (42 U.S.C.
1395cc(j)) is amended by adding at the end the following new
paragraph:
``(3) Program integrity.--The provisions of subsections (a)
and (b) of section 1128G apply to enrollments and renewals of
enrollments of providers of services and suppliers under this
title.''.
(d) Consultation With OIG.--In implementing the amendments made by
this section and determining under paragraph (1) of section 1128G(a) of
the Social Security Act, as inserted by subsection (a), that a
provider, supplier, or type of service, for an area, is a significant
risk of fraudulent activity, the Secretary of Health and Human Services
shall consult with the Inspector General of the Department of Health
and Human Services in order to identify classes of providers and
suppliers or types of items and services, or such a type of provider,
supplier, or service for a specific geographic area, as being
particularly subject to fraud or abuse under Medicare, Medicaid, or the
State children's health insurance program.
(e) Additional Funding.--There are authorized to be appropriated
such sums as may be appropriate to carry out this section (and the
amendments made by this section). Such sums shall be in addition to any
amounts that may be available from the Health Care Fraud and Abuse
Control Account under section 1817(k) of the Social Security Act (42
U.S.C. 1395i(k)).
(f) Effective Date; Expedited Implementation.--
(1) Effective date.--The amendments made by this section
shall take effect upon the date of the enactment of this Act
and section 1128G(b) of the Social Security Act shall apply to
providers and suppliers that are first approved for
participation on and after the date that is 6 months after the
date of the enactment of this Act.
(2) Expedited implementation.--The Secretary of Health and
Human Services shall promulgate regulations not later than 6
months after the date of the enactment of this Act to carry out
this section, which regulations shall be effective and final
immediately on an interim basis as of the date of publication
of the interim final regulation. With respect to such an
interim final regulation, the Secretary shall provide for a
period of public comments on such regulation after the date of
publication. The Secretary may change or revise such regulation
after completion of the period of public comment. | Medicare and Medicaid Fraud Prevention and Control Act of 2009 - Amends title XI of the Social Security Act (SSA) to establish specified enhanced program and provider protections against fraud under the Medicare, Medicaid, and Children's Health Insurance programs under SSA titles XVIII, XIX, and XXI. | {"src": "billsum_train", "title": "To amend title XI of the Social Security Act to provide for enhanced program and provider protections under the Medicare, Medicaid, and Children's Health Insurance programs."} | 2,932 | 73 | 0.555391 | 1.301024 | 0.443971 | 4.611111 | 49.092593 | 0.944444 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keep Our Promise to America's
Military Retirees Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) No statutory health care program existed for members of
the uniformed services who entered service prior to December 7,
1956, and retired after serving a minimum of 20 years.
(2) Statutes enacted in 1956 allowed those who entered
service on or after December 7, 1956, and retired after serving
a minimum of 20 years or by reason of a service-connected
disability to medical and dental care in any facility of the
uniformed services, subject to the availability of space and
facilities and the capabilities of the medical and dental
staff.
(3) Recruiters, re-enlistment counselors, and officers at
all levels of the uniformed services, and other government
officials, as agents of the United States Government, continued
to allow members who entered the uniformed services to believe
they would be entitled to fully paid lifetime health care upon
retirement, despite enactment of statutes in 1956, subsequent
statutes, and the issuance of regulations that defined and
limited the availability of medical care to retired members of
the uniformed services.
(4) After 5 rounds of base closures between 1988 and 1995
and further drawdowns of remaining military medical treatment
facilities, access to ``space available'' health care in a
military medical treatment facility is difficult for many
military retirees and virtually nonexistent for some.
(5) Although provisions in the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as enacted into
law by Public Law 106-398) extended coverage under the TRICARE
program to medicare eligible military retirees age 65 and
older, those provisions did not address the health care needs
of military retirees under the age of 65.
(6) The United States should make good on the promises
recruiters made in good faith and reestablish high quality
health care for all retired members of the uniformed services.
SEC. 3. COVERAGE OF MILITARY RETIREES UNDER THE FEDERAL EMPLOYEES
HEALTH BENEFITS PROGRAM.
(a) Coverage for Retirees and Dependents.--
(1) Section 1108 of title 10, United States Code, is
amended to read as follows:
``Sec. 1108. Health care coverage through Federal Employees Health
Benefits program
``(a) FEHBP Option.--The Secretary of Defense, after consulting
with the other administering Secretaries, shall enter into an agreement
with the Office of Personnel Management to provide coverage to eligible
beneficiaries described in subsection (b) under the health benefits
plans offered through the Federal Employees Health Benefits program
under chapter 89 of title 5.
``(b) Eligible Beneficiaries; Coverage.--(1) An eligible
beneficiary under this subsection is--
``(A) a member or former member of the uniformed services
described in section 1074(b) of this title;
``(B) an individual who is an unremarried former spouse of
a member or former member described in section 1072(2)(F) or
1072(2)(G);
``(C) an individual who is--
``(i) a dependent of a deceased member or former
member described in section 1076(b) or 1076(a)(2)(B) of
this title or of a member who died while on active duty
for a period of more than 30 days; and
``(ii) a member of family as defined in section
8901(5) of title 5; or
``(D) an individual who is--
``(i) a dependent of a living member or former
member described in section 1076(b)(1) of this title;
and
``(ii) a member of family as defined in section
8901(5) of title 5.
``(2) Eligible beneficiaries may enroll in a Federal Employees
Health Benefit plan under chapter 89 of title 5 under this section for
self-only coverage or for self and family coverage which includes any
dependent of the member or former member who is a family member for
purposes of such chapter.
``(3) A person eligible for coverage under this subsection shall
not be required to satisfy any eligibility criteria specified in
chapter 89 of title 5 (except as provided in paragraph (1)(C) or
(1)(D)) as a condition for enrollment in health benefits plans offered
through the Federal Employees Health Benefits program under this
section.
``(4) For purposes of determining whether an individual is a member
of family under paragraph (5) of section 8901 of title 5 for purposes
of paragraph (1)(C) or (1)(D), a member or former member described in
section 1076(b) or 1076(a)(2)(B) of this title shall be deemed to be an
employee under such section.
``(5) An eligible beneficiary who enrolls in the Federal Employees
Health Benefits program under this section shall not be eligible to
receive health care under section 1086 or section 1097. Such a
beneficiary may continue to receive health care in a military medical
treatment facility, in which case the treatment facility shall be
reimbursed by the Federal Employees Health Benefits program for health
care services or drugs received by the beneficiary.
``(c) Change of Health Benefits Plan.--An eligible beneficiary
enrolled in a Federal Employees Health Benefits plan under this section
may change health benefits plans and coverage in the same manner as any
other Federal Employees Health Benefits program beneficiary may change
such plans.
``(d) Government Contributions.--The amount of the Government
contribution for an eligible beneficiary who enrolls in a health
benefits plan under chapter 89 of title 5 in accordance with this
section may not exceed the amount of the Government contribution which
would be payable if the electing beneficiary were an employee (as
defined for purposes of such chapter) enrolled in the same health
benefits plan and level of benefits.
``(e) Separate Risk Pools.--The Director of the Office of Personnel
Management shall require health benefits plans under chapter 89 of
title 5 to maintain a separate risk pool for purposes of establishing
premium rates for eligible beneficiaries who enroll in such a plan in
accordance with this section.
``(f) Reimbursement for Expenses for Health Care Services Normally
Provided by the Department of Defense Under TRICARE Standard.--The
Secretary of Defense shall develop and implement a system to reimburse
an eligible beneficiary who enrolls in a health benefits plan under
chapter 89 of title 5 in accordance with this section for health care
costs incurred by the beneficiary that are not paid under the health
benefits plan but would have been paid by the Department of Defense
under TRICARE Standard.''.
(2) The item relating to section 1108 at the beginning of such
chapter is amended to read as follows:
``1108. Health care coverage through Federal Employees Health Benefits
program.''.
(b) Effective Date.--The amendments made by this section shall take
effect on October 1, 2010.
SEC. 4. REIMBURSEMENT FOR TRICARE PHARMACY BENEFITS AT TRICARE NETWORK
PHARMACY LEVELS TO CERTAIN MILITARY RETIREES AND
DEPENDENTS IN HARDSHIP CASES.
(a) In General.--In the case of an eligible person who has a
certification described in subsection (b), the Secretary shall
reimburse such person for pharmacy benefits received from a pharmacy
that is not a TRICARE network pharmacy in the same manner and in the
same amounts as the Secretary would reimburse such person for such
benefits received from a pharmacy that is a TRICARE network pharmacy.
(b) Certification.--The certification referred to in subsection (a)
is a certification from an eligible person's physician--
(1) stating that the person does not have access to a
TRICARE network pharmacy due to physical or medical
constraints; and
(2) meeting such other criteria as the Secretary of Defense
considers appropriate.
(c) Eligible Person.--In this section, an eligible person is an
eligible beneficiary as described in section 1108(b) of title 10,
United States Code, who has another insurance plan or program that
provides primary coverage for health benefits. | Keep Our Promise to America's Military Retirees Act - Directs the Secretary of Defense to enter into an agreement with the Office of Personnel Management (OPM) to provide Federal Employees Health Benefits (FEHB) coverage to the following eligible beneficiaries: (1) a member or former member of the Armed Forces entitled to military retired or retainer pay; (2) an unremarried former spouse who was married to a member for at least 20 years, during which such member performed at least 20 years of retirement-creditable military service; (3) a dependent of a deceased qualifying member or former member; (4) a dependent of a living member or former member; and (5) a family member.
Directs the Secretary to reimburse such eligible persons for pharmacy benefits received from a pharmacy that is not a TRICARE (Department of Defense [DOD] managed health care plan) network pharmacy in the same manner as the Secretary would reimburse such person for such benefits received from a TRICARE network pharmacy. Requires such persons, in order to receive such reimbursement, to submit a certification from their physician stating that the person does not have access to a TRICARE network pharmacy due to physical or medical constraints. | {"src": "billsum_train", "title": "To restore health care coverage to retired members of the uniformed services, and for other purposes."} | 1,809 | 265 | 0.522044 | 1.614326 | 0.727523 | 3.746725 | 7.078603 | 0.882096 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Unlawful Internet Gambling
Enforcement Clarification and Implementation Act of 2008''.
SEC. 2. CONGRESSIONAL FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Prior to the passage of the Unlawful Internet Gambling
Enforcement Act of 2006 (hereafter in this section referred to
as the ``UIGEA''), Public Law 109-347, on October 13, 2006,
Federal law was both vague and outdated regarding Internet
gambling activities, as Federal criminal gambling statutes were
passed decades before the commercial use of the Internet.
(2) To date, all Federal Internet gambling prosecutions
have involved sports betting, creating a lack of authoritative
court decisions on the applicability of other federal criminal
statutes to Internet poker and casino-style gambling.
(3) Sports betting, which is illegal in 49 of the 50
States, is viewed as particularly harmful because its potential
adverse impact on the integrity of professional and amateur
sports, and is the one form of gambling where there is settled
Federal case law clarifying it as illegal on the Internet.
(4) Many European Internet gambling companies offering
services not including sports betting to persons in the United
States were fully listed on the London Stock Exchange, and
thereby subject to high standards of transparency and scrutiny,
but upon receiving clarification of United States law regarding
Internet gaming through the enactment of the UIGEA, these
companies closed their sites to persons in the United States.
(5) Continued legal jeopardy for companies that made a good
faith effort to comply voluntarily with clarified United States
law following the passage of the UIGEA punishes behavior that
the law intended to foster and inadvertently rewards continued
noncompliance by other foreign entities.
(6) In light of the foregoing and in deference to long-
standing constitutional requirements of fair notice and
transparency in the criminal law, the Congress finds it
necessary to clarify that criminal statutes applicable to
gambling do not apply to any person who offered Internet
gambling services that did not include sports betting prior to
October 13, 2006, and who ceased offering Internet gambling
services to persons in the United States upon passage of the
UIGEA.
(7) To effect the purposes and intent of the UIGEA, it is
the sense of the Congress that the Attorney General should
focus any prosecutorial efforts on those persons who--
(A) offer Internet sports betting in the United
States; or
(B) process payments for illegal Internet sports
betting in the United States.
SEC. 3. UIGEA CLARIFICATION AND IMPLEMENTATION.
(a) In General.--Subchapter IV of chapter 53 of title 31, United
States Code, is amended by adding at the end the following new section:
``Sec. 5368. Voluntary compliance
``(a) In General.--Notwithstanding any other provision of law--
``(1) except as provided in paragraphs (2) and (3), no
person shall be subject to criminal liability arising out of--
``(A) the offering, receipt or facilitation of bets
or wagers by means of the Internet;
``(B) financial transactions in connection with or
involving the consideration for, or proceeds of, bets
or wagers by means of the Internet;
``(C) the administration, advising, audit,
direction, operation, lending, management, marketing or
supplying of a business or services involving
activities or transactions referred to in subparagraph
(A) or (B); or
``(D) the banking, brokerage, custody, issuance,
placement, promotion, sale or transfer of shares or
proceeds from a business involving activities or
transactions referred to in subparagraph (A), (B), or
(C);
``(2) paragraph (1) shall not apply to any person who
knowingly--
``(A) offered illegal bets or wagers to, or
received bets or wagers from, any person within the
United States by means of the Internet after October
13, 2006;
``(B) in violation of section 1084 of title 18,
United States Code, used the Internet for the
transmission in interstate or foreign commerce of bets
or wagers on any sporting event or sporting contest, or
information assisting in the placing of bets or wagers
on any sporting event or contest, by any person within
the United States; or
``(C) processed or facilitated financial
transactions in connection with or involving the
consideration for, or proceeds of, involving activities
or transactions referred to in subparagraph (A) or (B);
and
``(3) paragraph (1) shall not apply to conduct that
violated sections 1956 or 1957 of title 18, United States Code,
by a financial or monetary transaction, or the transfer or
transportation of funds, with the intent to promote unlawful
activity other than the offering, receipt, or facilitation of
bets or wagers by means of the Internet, or to conceal or
disguise the nature, location, source, ownership, or control of
the proceeds of unlawful activity other than the offering,
receipt, or facilitation of bets or wagers by means of the
Internet.
``(b) Criminal Liability Defined.--For purposes of subsection (a),
the term `criminal liability' includes actions against real or personal
property that arise from or depend upon the allegedly criminal nature
of the bet or wager or of the transmission or receipt of funds in
connection with that bet or wager.''.
(b) Clerical Amendment.--The table of sections for subchapter IV of
chapter 53 of title 31, United States Code, is amended by inserting
after the item relating to section 5367 the following new item:
``5368. Voluntary compliance.''.
SEC. 4. RULE OF CONSTRUCTION.
No provision of this Act, or any amendment made by this Act, shall
be construed as clarifying or implying that Internet bets or wagers,
other than sports bets or wagers, which were accepted subsequent to
October 13, 2006, are in violation of Federal law. | Unlawful Internet Gambling Enforcement Clarification and Implementation Act of 2008 - Expresses the sense of Congress that the Attorney General should focus prosecutorial efforts on persons who: (1) offer Internet sports betting in the United States; or (2) process payments for illegal Internet sports betting in the United States.
Amends federal law governing prohibited funding of unlawful Internet gambling to declare that no person shall be subject to criminal liability arising out of certain bets or wagers by means of the Internet.
Defines criminal liability to include actions against real or personal property that arise from or depend upon the allegedly criminal nature of the bet or wager or of the transmission or receipt of funds in connection with that bet or wager. | {"src": "billsum_train", "title": "To amend title 31, United States Code, to provide additional clarification with regard to the implementation of the Unlawful Internet Gambling Enforcement Act of 2006, and for other purposes."} | 1,325 | 150 | 0.558032 | 1.668375 | 0.703579 | 6.268657 | 9.328358 | 0.940299 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alien Smuggling and Terrorism
Prevention Act of 2007''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Alien smuggling by land, air, and sea is a
transnational crime that--
(A) violates the integrity of United States
borders;
(B) compromises the sovereignty of the United
States;
(C) places our Nation at risk of terrorist
activity; and
(D) contravenes the rule of law.
(2) Aggressive enforcement activity against alien smuggling
is needed to protect the borders of the United States and to
ensure our Nation's security. The border security and
antismuggling efforts of the men and women on the Nation's
front line of defense are commendable. Special recognition
should be given to the Border Patrol, the Coast Guard, United
States Customs and Border Protection, United States Immigration
and Customs Enforcement, and the Federal Bureau of
Investigation.
(3) The law enforcement community must be given the
statutory tools necessary to address this security threat. The
United States Attorneys Offices and the Domestic Security
Section of the Criminal Division cannot prosecute these cases
successfully without effective alien smuggling statutes.
(4) Alien smuggling has a destabilizing effect on border
communities. State and local law enforcement, medical
personnel, social service providers, and the faith community
play important roles in combating smuggling and responding to
its effects.
(5) Existing penalties for alien smuggling are insufficient
to provide appropriate punishment for alien smugglers.
(6) Existing alien smuggling laws often fail to reach the
conduct of alien smugglers, transporters, recruiters, guides,
and boat captains.
(7) Existing laws concerning failure to heave to are
insufficient to appropriately punish boat operators and crew
who engage in the reckless transportation of aliens on the high
seas and seek to evade capture.
(8) Much of the conduct in alien smuggling rings occurs
outside of the United States. Extraterritorial jurisdiction is
needed to ensure that smuggling rings can be brought to justice
for recruiting, sending, and facilitating the movement of those
who seek to enter the United States without lawful authority.
(9) Alien smuggling can include unsafe or recklessly
dangerous conditions that expose individuals to particularly
high risk of injury or death.
SEC. 3. CHECKS AGAINST TERRORIST WATCH LIST.
The Secretary of Homeland Security shall, to the extent
practicable, check, against all available terrorist watch lists, alien
smugglers and smuggled individuals who are interdicted at the land,
air, and sea borders of the United States.
SEC. 4. STRENGTHENING PROSECUTION AND PUNISHMENT OF ALIEN SMUGGLERS.
Section 274(a) of the Immigration and Nationality Act (8 U.S.C.
1324(a)) is amended--
(1) by amending the subsection heading to read as follows:
``Bringing in, Harboring, and Smuggling of Unlawful and
Terrorist Aliens.--'';
(2) by amending paragraph (1) to read as follows:
``(1)(A) A person shall be subject to the penalties
described in subparagraph (D) if the person, knowing or in
reckless disregard of the fact that an individual is an alien
who lacks lawful authority to come to, enter, or reside in the
United States, knowingly--
``(i) brings that individual to the United States,
regardless of any future official action which may be
taken with respect to that individual;
``(ii) recruits, encourages, or induces that
individual to come to, enter, or reside in the United
States;
``(iii) transports or moves that individual in the
United States, in furtherance of that individual's
unlawful presence; or
``(iv) harbors, conceals, or shields from detection
that individual in any place in the United States,
including any building or means of transportation.
``(B) A person shall be subject to the penalties described
in subparagraph (D) if the person, knowing that an individual
is an alien, brings that individual to the United States at a
place other than a designated port of entry or a place
designated by the Secretary of Homeland Security, regardless of
whether such alien has received prior official authorization to
come to, enter, or reside in the United States and regardless
of any future official action which may be taken with respect
to that individual.
``(C) A person who attempts or conspires to commit any
offense described subparagraph (A) or (B) shall be subject to
the same penalties as a person who completes the offense.
``(D) A person who commits any offense described in this
paragraph shall, for each individual in respect to whom such
offense occurs--
``(i) be fined under title 18, United States Code,
imprisoned not more than 5 years, or both if the
offense is not described in any of clauses (ii) through
(vii);
``(ii) be fined under such title, imprisoned not
more than 1 year, or both, if the offense involved the
transit of the defendant's spouse, child, sibling,
parent, grandparent, or niece or nephew and is not
described in any of clauses (iii) through (vi);
``(iii) be fined under such title, imprisoned not
more than 10 years, or both if the violation is
described in clauses (ii), (iii), or (iv) of
subparagraph (A) or subparagraph (B) and was committed
for the purpose of profit, commercial advantage, or
private financial gain;
``(iv) be fined under such title and imprisoned, in
the case of a first or second violation, for a term of
not fewer than 3 years and not more than 10 years, and
for any subsequent violation, for a term of not fewer
than 5 years and not more than 15 years, if the
offense--
``(I) is described in subparagraph (A)(i)
and was committed for the purpose of profit,
commercial advantage, or private financial
gain; or
``(II) was committed with the intent or
reason to believe that the individual
unlawfully brought into the United States will
commit an offense against the United States or
any State that is punishable by imprisonment
for more than 1 year;
``(v) be fined under such title, imprisoned not
more than 20 years, or both if the offense--
``(I) results in serious bodily injury (as
defined in section 1365 of title 18, United
States Code); or
``(II) places in jeopardy the life of any
person;
``(vi) be fined under such title, imprisoned not
more than 30 years, or both if the offense involved an
individual who the person knew was engaged in or
intended to engage in terrorist activity (as defined in
section 212(a)(3)(B));
``(vii) be fined under such title, imprisoned for
any term of years or for life, or both if the offense
involves kidnaping, an attempt to kidnap, conduct
required for aggravated sexual abuse (as defined in
section 2241 without regard to where it takes place),
an attempt to commit such abuse, or an attempt to kill;
and
``(viii) fined under such title, punished by death
or imprisoned for any term of years or for life, or
both if the offense results in the death of any
person.''; and
(3) by amending paragraph (2) to read as follows:
``(2)(A) There is extraterritorial jurisdiction over the
offenses described in paragraph (1).
``(B) In a prosecution for a violation of, or an attempt or
conspiracy to violate subparagraph (A)(i), (A)(ii), or (B) of
paragraph (1), that occurs on the high seas, no defense based
on necessity can be raised unless the defendant--
``(i) reported to the Coast Guard, as soon as
practicable--
``(I) the circumstances of the necessity;
and
``(II) if a rescue is claimed, the name,
description, registry number, and location of
the vessel engaging in the rescue; and
``(ii) did not bring, attempt to bring, or in any
manner intentionally facilitate the entry of any alien
into the land territory of the United States without
lawful authority, unless exigent circumstances existed
that placed the life of that alien in danger, in which
case the reporting requirement under clause (i) is
satisfied by notifying the Coast Guard as soon as
practicable after delivering the alien to emergency
medical or law enforcement personnel ashore.
``(C) It is a defense to a violation of, or an attempt or
conspiracy to violate, clause (iii) or (iv) of paragraph (1)(A)
for a religious denomination having a bona fide nonprofit,
religious organization in the United States, or the agents or
officer of such denomination or organization, to encourage,
invite, call, allow, or enable an alien who is present in the
United States to perform the vocation of a minister or
missionary for the denomination or organization in the United
States as a volunteer who is not compensated as an employee,
notwithstanding the provision of room, board, travel, medical
assistance, and other basic living expenses, provided the
minister or missionary has been a member of the denomination
for at least 1 year.
``(D) In this paragraph and in paragraph (1)--
``(i) the term `lawful authority'--
``(I) means permission, authorization, or
waiver that is expressly provided for in the
immigration laws of the United States or the
regulations prescribed under those laws; and
``(II) does not include any such authority
secured by fraud or otherwise obtained in
violation of law or authority that has been
sought but not approved.
``(ii) the term `United States' means the several
States, the District of Columbia, the Commonwealth of
Puerto Rico, Guam, American Samoa, the United States
Virgin Islands, the Commonwealth of the Northern
Mariana Islands, and every other territory and
possession of the United States.''.
SEC. 5. MARITIME LAW ENFORCEMENT.
(a) Penalties.--Section 2237(b) of title 18, United States Code, is
amended to read as follows:
``(b)(1) Except as provided under paragraph (2), any person who
intentionally violates this section shall, be fined under this title,
imprisoned for not more than 5 years, or both.
``(2)(A) A person described in paragraph (1) shall be fined under
this title, imprisoned for not more than 10 years, or both if the
violation is committed in the course of a violation of--
``(i) section 274 of the Immigration and Nationality Act
(alien smuggling);
``(ii) chapter 77 (peonage, slavery, and trafficking in
persons), section 111 (shipping), 111A (interference with
vessels), 113 (stolen property), or 117 (transportation for
illegal sexual activity) of this title;
``(iii) chapter 705 (maritime drug law enforcement) of
title 46; or
``(iv) title II of the Act of June 15, 1917 (40 Stat. 220).
``(B) A person described in paragraph (1) shall be fined under this
title, imprisoned not more than 15 years, or both if the violation
results in serious bodily injury (as defined in section 1365) or
transportation under inhumane conditions.
``(C) A person described in paragraph (1) shall be fined under this
title, imprisoned for any term of years or for life, or both if the
violation--
``(i) results in death; or
``(ii) involves kidnaping, an attempt to kidnap, the
conduct required for aggravated sexual abuse (as defined in
section 2241 without regard to where it takes place), an
attempt to commit such abuse, or an attempt to kill.''.
(b) Limitation on Necessity Defense.--Section 2237(c) of title 18,
United States Code, is amended--
(1) by inserting ``(1)'' after ``(c)'';
(2) by adding at the end the following:
``(2) In a prosecution for a violation of this section, no defense
based on necessity can be raised unless the defendant--
``(A) as soon as practicable upon reaching shore, delivered
the person with respect to which the necessity arose to
emergency medical or law enforcement personnel;
``(B) as soon as practicable, reported to the Coast Guard
the circumstances of the necessity resulting giving rise to the
defense; and
``(C) did not bring, attempt to bring, or in intentionally
facilitate the entry of any alien (as defined in section
101(a)(3) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(3))) into the land territory of the United States
without lawful authority, unless exigent circumstances existed
that placed the life of that alien in danger, in which case the
reporting requirement under subparagraph (B) is satisfied by
notifying the Coast Guard as soon as practicable after
delivering that person to emergency medical or law enforcement
personnel ashore.''.
(c) Definition.--Section 2237(e) of title 18, United States Code,
is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(2) by inserting after paragraph (2) the following:
``(3) the term `transportation under inhumane conditions'
means--
``(A) transportation of persons in an engine
compartment, storage compartment, or other confined
space;
``(B) transportation at an excessive speed;
``(C) transportation of a number of persons in
excess of the rated capacity of the means of
transportation; or
``(D) intentionally grounding a vessel in which
persons are being transported.''.
SEC. 6. AMENDMENT TO THE SENTENCING GUIDELINES.
(a) In General.--Pursuant to its authority under section 994 of
title 28, United States Code, and in accordance with this section, the
United States Sentencing Commission shall review and, if appropriate,
amend the sentencing guidelines and policy statements applicable to
persons convicted of alien smuggling offenses and criminal failure to
heave to or obstruction of boarding.
(b) Considerations.--In carrying out this section, the Sentencing
Commission, shall--
(1) consider providing sentencing enhancements or
stiffening existing enhancements for those convicted of
offenses described in paragraph (1) that--
(A) involve a pattern of continued and flagrant
violations;
(B) are part of an ongoing commercial organization
or enterprise;
(C) involve aliens who were transported in groups
of 10 or more;
(D) involve the transportation or abandonment of
aliens in a manner that endangered their lives; or
(E) involve the facilitation of terrorist activity;
and
(2) consider cross-references to the guidelines for
criminal sexual abuse and attempted murder.
(c) Expedited Procedures.--The Commission may promulgate the
guidelines or amendments under this section in accordance with the
procedures set forth in section 21(a) of the Sentencing Act of 1987, as
though the authority under that Act had not expired. | Alien Smuggling and Terrorism Prevention Act of 2007 - Directs the Secretary of Homeland Security to check against all available terrorist watchlists those alien smugglers and smuggled individuals who are interdicted at U.S. land, air, and sea borders.
Revises alien smuggling and related criminal offense and penalty provisions. Provides extraterritorial jurisdiction over such offenses.
Limits a defense of necessity for knowingly bringing an illegal alien into the United States from the high seas.
Exempts from certain of such violations (transporting or harboring in the United States) a bona fide nonprofit, religious organization in the United States (or its agents or officers) that encourages, invites, or enables an alien who is present in the United States to serve as a volunteer minister or missionary for such organization in the United States, provided the minister or missionary has been a member of the denomination for at least one year.
Directs the United States Sentencing Commission to review and amend as appropriate sentencing guidelines and policy statements applicable to persons convicted of alien smuggling offenses and criminal failure to heave to or obstruction of boarding. | {"src": "billsum_train", "title": "A bill to amend the Immigration and Nationality Act and title 18, United States Code, to combat the crime of alien smuggling and related activities, and for other purposes."} | 3,497 | 269 | 0.548355 | 1.646333 | 0.844631 | 3.905941 | 15.965347 | 0.905941 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Corporate Average Fuel Economy
Reform Act of 2006''.
SEC. 2. CAFE STANDARDS FOR PASSENGER AUTOMOBILES.
(a) Average Fuel Economy Standards for Automobiles.--Section 32902
of title 49, United States Code, is amended--
(1) by striking subsections (b) and (c) and inserting the
following:
``(b) Passenger Automobiles.--
``(1) In general.--At least 18 months before the beginning
of each model year, the Secretary of Transportation shall
prescribe by regulation average fuel economy standards for
passenger automobiles manufactured by a manufacturer in that
model year. Each standard shall be the maximum feasible average
fuel economy level that the Secretary decides the manufacturers
can achieve in that model year. The Secretary may prescribe
separate standards for different classes of passenger
automobiles.
``(2) Minimum standard.--In prescribing a standard under
paragraph (1), the Secretary shall ensure that no
manufacturer's standard for a particular model year is less
than the greater of--
``(A) the standard in effect on the date of
enactment of the Corporate Average Fuel Economy Reform
Act of 2006; or
``(B) a standard established in accordance with the
requirement of section 5(c)(2) of that Act.
``(c) Flexibility of Authority.--
``(1) In general.--The authority of the Secretary to
prescribe by regulation average fuel economy standards for
automobiles under this section includes the authority to
prescribe standards based on one or more vehicle attributes
that relate to fuel economy, and to express the standards in
the form of a mathematical function. The Secretary may issue a
regulation prescribing standards for one or more model years.
``(2) Required lead-time.--When the Secretary prescribes an
amendment to a standard under this section that makes an
average fuel economy standard more stringent, the Secretary
shall prescribe the amendment at least 18 months before the
beginning of the model year to which the amendment applies.
``(3) No across-the-board increases.--When the Secretary
prescribes a standard, or prescribes an amendment under this
section that changes a standard, the standard may not be
expressed as a uniform percentage increase from the fuel-
economy performance of automobile classes or categories already
achieved in a model year by a manufacturer.'';
(2) by inserting ``motor vehicle safety, emissions,'' in
subsection (f) after ``economy,'';
(3) by striking ``energy.'' in subsection (f) and inserting
``energy and reduce its dependence on oil for
transportation.'';
(4) by striking subsection (j) and inserting the following:
``(j) Comments From DOE and EPA.--
``(1) Notice of proposed rulemaking.--Before issuing a
notice proposing to prescribe or amend an average fuel economy
standard under subsection (a), (b), or (g), the Secretary of
Transportation shall give the Secretary of Energy and the
Administrator of the Environmental Protection Agency at least
10 days to comment on the proposed standard or amendment. If
the Secretary of Energy or the Administrator concludes that the
proposed standard or amendment would adversely affect the
conservation goals of the Department of Energy or the
environmental protection goals of the Environmental Protection
Agency, respectively, the Secretary or the Administrator may
provide written comments to the Secretary of Transportation
about the impact of the proposed standard or amendment on those
goals. To the extent that the Secretary of Transportation does
not revise a proposed standard or amendment to take into
account the comments, if any, the Secretary shall include the
comments in the notice.
``(2) Notice of final rule.--Before taking final action on
a standard or an exemption from a standard under this section,
the Secretary of Transportation shall notify the Secretary of
Energy and the Administrator of the Environmental Protection
Agency and provide them a reasonable time to comment on the
standard or exemption.''; and
(5) by adding at the end thereof the following:
``(k) Costs-Benefits.--The Secretary of Transportation may not
prescribe an average fuel economy standard under this section that
imposes marginal costs that exceed marginal benefits, as determined at
the time any change in the standard is promulgated.''.
(b) Exemption Criteria.--The first sentence of section
32904(b)(6)(B) of title 49, United States Code, is amended--
(1) by striking ``exemption would result in reduced'' and
inserting ``manufacturer requesting the exemption will
transfer'';
(2) by striking ``in the United States'' and inserting
``from the United States''; and
(3) by inserting ``because of the grant of the exemption''
after ``manufacturing''.
(c) Conforming Amendments.--
(1) Section 32902 of title 49, United States Code, is
amended--
(A) by striking ``or (c)'' in subsection (d)(1);
(B) by striking ``(c),'' in subsection (e)(2);
(C) by striking ``subsection (a) or (d)'' each
place it appears in subsection (g)(1) and inserting
``subsection (a), (b), or (d)'';
(D) by striking ``(1) The'' in subsection (g)(1)
and inserting ``The'';
(E) by striking subsection (g)(2); and
(F) by striking ``(c),'' in subsection (h) and
inserting ``(b),''.
(2) Section 32903 of such title is amended by striking
``section 32902(b)-(d)'' each place it appears and inserting
``subsection (b) or (d) of section 32902''.
(3) Section 32904(a)(1)(B) of such title is amended by
striking ``section 32902(b)-(d)'' and inserting ``subsection
(b) or (d) of section 32902''.
(4) The first sentence of section 32909(b) of such title is
amended to read ``The petition must be filed not later than 59
days after the regulation is prescribed.''.
(5) Section 32917(b)(1)(B) of such title is amended by
striking ``or (c)''.
SEC. 3. USE OF EARNED CREDITS.
Section 32903 of title 49, United States Code, is amended--
(1) by striking ``3 consecutive model years'' in subsection
(a)(1) and subsection (a)(2) and inserting ``5 consecutive
model years'';
(2) by striking ``3 model years'' in subsection (b)(2) and
inserting ``5 model years'';
(3) by redesignating subsection (f) as subsection (g); and
(4) by inserting after subsection (e) the following:
``(f) Credit Transfers.--The Secretary of Transportation may permit
by regulation, on such terms and conditions as the Secretary may
specify, a manufacturer of automobiles that earns credits to transfer
such credits attributable to one of the following production segments
in a model year to apply those credits in that model year to the other
production segment:
``(1) Passenger-automobile production.
``(2) Non-passenger-automobile production.
In promulgating such a regulation, the Secretary shall take into
consideration the potential effect of such transfers on creating
incentives for manufacturers to produce more efficient vehicles and
domestic automotive employment.''.
SEC. 4. USE OF CIVIL PENALTIES FOR RESEARCH AND DEVELOPMENT.
Section 32912 of title 49, United States Code, is amended by adding
at the end thereof the following:
``(e) Research and Development and Use of Civil Penalties.--
``(1) All civil penalties assessed by the Secretary or by a
Court shall be credited to an account at the Department of
Transportation and shall be available to the Secretary to carry
out the research program described in paragraph (2).
``(2) The Secretary shall carry out a program of research
and development into fuel saving automotive technologies and to
support rulemaking related to the corporate average fuel
economy program.''.
SEC. 5. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this Act,
and the amendments made by this Act, take effect on the date of
enactment of this Act.
(b) Transition for Passenger Automobile Standard.--Notwithstanding
subsection (a), and except as provided in subsection (c)(2), until the
effective date of a standard for passenger automobiles that is issued
under the authority of section 32902(b) of title 49, United States
Code, as amended by this Act, the standard or standards in place for
passenger automobiles under the authority of section 32902 of that
title, as that section was in effect on the day before the date of
enactment of this Act, shall remain in effect.
(c) Rulemaking.--
(1) Initiation of rulemaking under amended law.--Within 60
days after the date of enactment of this Act, the Secretary of
Transportation shall initiate a rulemaking for passenger
automobiles under section 32902(b) of title 49, United States
Code, as amended by this Act.
(2) Amendment of existing standard.--Until the Secretary
issues a final rule pursuant to the rulemaking initiated in
accordance with paragraph (1), the Secretary shall amend the
average fuel economy standard prescribed pursuant to section
32092(b) of title 49, United States Code, with respect to
passenger automobiles in model years to which the standard
adopted by such final rule does not apply.D23/ | Corporate Average Fuel Economy Reform Act of 2006 - Amends federal transportation law to direct the Secretary of Transportation to prescribe minimum corporate average fuel economy (CAFE) standards for passenger automobiles, including standards that are based on one or more vehicle attributes that relate to fuel economy. Requires the Secretary of Transportation, when deciding maximum feasible average fuel economy for passenger automobiles, to consider (in addition to current considerations) motor vehicle safety, emissions, and the need of the United States to reduce its dependence on oil for transportation.
Solicits comment from the Department of Energy (DOE) (currently) and the Environmental Protection Agency (EPA) before the Secretary issues a notice for a proposed or amended CAFE standard.
Allows manufacturers to earn credits which may be applied to any five (currently, three) consecutive model years after the year in which they were earned if the average fuel economy of passenger automobiles manufactured by a manufacturer in a particular model year exceeds an applicable established average fuel economy standard. Permits trading credits between passenger-automobile production and non-passenger-automobile production.
Requires civil penalties assessed by the Secretary or by a Court against a person who violates CAFE standards to be credited to a Department of Transportation (DOT) account and made available to carry out a program of research and development into fuel saving automotive technologies and to support the CAFE program. | {"src": "billsum_train", "title": "A bill to amend the automobile fuel economy provisions of title 49, United States Code, to reform the setting and calculation of fuel economy standards for passenger automobiles, and for other purposes."} | 2,150 | 302 | 0.57797 | 1.588774 | 0.747036 | 3.030651 | 7.601533 | 0.862069 |
SECTION 1. PROCEDURES AT TIME OF BIRTH.
(a) Hospital- and Other Birthing Center-Based Paternity.--Section
466(a)(5)(C) of the Social Security Act (42 U.S.C. 666(a)(5)(C)) is
amended by adding at the end the following: ``Such procedures shall
also apply to birthing centers other than hospitals, shall require that
any State agency that provides such services use the same materials
used by, provide the personnel providing such services with the same
training as, and evaluate the provision of such services in the same
manner as, hospital-based paternity establishment programs, and shall
require the hospital or other birthing center, at the time a pregnant
woman is admitted to the hospital or other birthing center to give
birth, to request the father of the child to provide his name and
social security account number, which the hospital or other birthing
center shall transmit to the State agency responsible for issuing birth
certificates for inclusion in the birth certificate of the child.''.
(b) Inclusion of Parents' Social Security Numbers on Child's Birth
Certificate.--Section 466(a) of such Act (42 U.S.C. 666(a)) is amended
by inserting after paragraph (11) the following:
``(12) Procedures which require the State agency
responsible for issuing birth certificates to include on the
birth certificate of a child the name and social security
account number (if available) of each parent of the child.''.
SEC. 2. PATERNITY ACKNOWLEDGEMENT AFFIDAVITS.
(a) Establishment of National Affidavit.--Section 452(a)(7) of the
Social Security Act (42 U.S.C. 652(a)(7)) is amended by inserting ``,
and develop an affidavit to be used for the voluntary acknowledgement
of paternity'' before the semicolon.
(b) Signed Affidavit Conclusively Used to Establish Paternity.--
Section 466(a)(5)(D) of such Act (42 U.S.C. 666(a)(5)(D)) is amended--
(1) by inserting ``(i)'' after ``(D)''; and
(2) by adding at the end the following:
``(ii)(I) Such procedures shall provide that a written voluntary
acknowledgement of the paternity of a child shall, upon the expiration
of the challenge period, create a legal finding of paternity--
``(aa) without any further action; or
``(bb) at the option of the State, after a court or
administrative agency with which the document containing the
acknowledgement has been filed within 5 business days after the
expiration of the challenge period issues an order establishing
such paternity.
``(II) As used in subclause (I), the term `challenge period' means,
with respect to an acknowledgement of paternity--
``(aa) the 30-day period that begins on the date of
acknowledgement; or
``(bb) if the person who executed the acknowledgement
undergoes genetic testing within the 30 days after the date of
the acknowledgement, the 30-day period that begins with the
date the person is notified of the results of the genetic
testing.''.
(c) Sense of the Congress.--The Congress encourages States to
develop procedures in public hospitals and clinics to facilitate the
acknowledgement of paternity.
SEC. 3. AFDC BENEFITS CONDITIONED ON COOPERATION IN PATERNITY
ESTABLISHMENT.
Section 402(a) of the Social Security Act (42 U.S.C. 602(a)) is
amended--
(1) by striking ``and'' at the end of paragraph (44);
(2) by striking the period at the end of paragraph (45) and
inserting ``; and''; and
(3) by inserting after paragraph (45) the following:
``(46)(A) except as provided in subparagraph (B), aid under
the State plan shall not be payable to a family applying for
such aid with respect to a dependent child whose paternity has
not been established, unless--
``(i) the child was conceived as a result of rape
or incest; or
``(ii) the State determines that efforts to
establish such paternity would result in physical
danger to the relative claiming such aid;
``(B) if the paternity of a dependent child has not been
established, the relative claiming such aid alleges that any of
not more than 3 named individuals may be the father of the
child and provides the address of each of the named
individuals, or the immediate relatives of each of the named
individuals, and the State has not disproved the allegation,
then--
``(i) aid under the State plan shall be payable to
the family in the amount payable to a family whose size
is determined without regard to the dependent child,
and
``(ii) the entire family shall be eligible for
medical assistance under the State plan approved under
title XIX; and
``(C) the relative claiming such aid shall have the burden
of proving any allegation of paternity of a dependent child by
an individual who is deceased, in accordance with procedures
established by the State in consultation with the Secretary.''.
SEC. 4. INCREASE IN PATERNITY ESTABLISHMENT PERCENTAGE.
Section 452(g)(1) of the Social Security Act (42 U.S.C. 652(g)(1))
is amended by striking all that follows ``--'' and inserting the
following:
``(A) 90 percent;
``(B) for a State with a paternity establishment
rate of not less than 50 percent but less than 90
percent for such fiscal year, the paternity
establishment percentage of the State for the
immediately preceding fiscal year plus 6 percentage
points; or
``(C) for a State with a paternity establishment
rate of less than 50 percent for such a fiscal year,
the paternity establishment percentage of the State for
the immediately preceding fiscal year plus 10
percentage points.''.
SEC. 5. PRENATAL ESTABLISHMENT EFFORTS BY STATES.
Section 466(a)(5)(A) of the Social Security Act (42 U.S.C.
666(a)(5)(A)) is amended by redesignating clauses (i) and (ii) as
clauses (ii) and (iii), respectively, and by inserting after ``(5)(A)''
the following:
``(i) Procedures which require that, as soon as an officer
or employee of the State becomes aware, in the performance of
official duties, of a pregnant, unmarried woman, the officer or
employee must--
``(I) inform the woman, orally and in writing, that
she will be ineligible for aid under the State plan
under part A unless she informs the State of the
identity of the prospective father and, after the woman
gives birth, cooperates in establishing the paternity
of the child; and
``(II) encourage the woman to urge the prospective
father to acknowledge paternity of the child.''. | Amends title IV (Aid to Families With Dependent Children) (AFDC) to specify procedures for establishing paternity for non-hospital birthing centers.
Requires the responsible State agencies to include on birth certificates the name and social security account number (if available) of each parent.
Requires development of an affidavit for the voluntary acknowledgement of paternity. Requires State procedures providing that such an affidavit shall create a legal finding of paternity without further action upon the expiration of a 30-day challenge period following acknowledgement or notification of the results of genetic testing.
Declares that the Congress encourages States to develop procedures in public hospitals and clinics to facilitate the acknowledgement of paternity.
Conditions the payment of AFDC benefits on recipient cooperation in paternity establishment.
Increases from 50 percent to 90 percent the basic rate required for substantial compliance with paternity establishment requirements. Sets forth formulae for the calculation of new requirements in States with between 50 and 90 percent and States with less than 50 percent
Requires State procedures for prenatal paternity establishment efforts by State officials who become aware of a pregnant, unmarried recipient. | {"src": "billsum_train", "title": "To strengthen paternity establishment."} | 1,657 | 265 | 0.530732 | 1.619559 | 0.783131 | 2.483254 | 6.598086 | 0.827751 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Living Organ Donor Job Security
Act''.
SEC. 2. LEAVE FOR LIVING ORGAN DONATION.
(a) Leave Requirement.--
(1) Non-federal employees.--Section 102(a)(1) of the Family
and Medical Leave Act of 1993 (29 U.S.C. 2612(a)) is amended by
adding at the end the following new subparagraph:
``(F) In order to provide a living organ donation,
including time spent for--
``(i) tests used to determine whether the
eligible employee is medically suitable for
live organ donation;
``(ii) physical, psychological, and social
evaluations of the live donor;
``(iii) pretransplant outpatient services;
``(iv) postoperative inpatient and
outpatient transplantation services;
``(v) travel in connection with tests,
evaluations, and services described in clauses
(i) through (iv); and
``(vi) recuperation consistent with the
type of transplant performed.''.
(2) Federal employees.--Section 6382(a)(1) of title 5,
United States Code, is amended by adding at the end the
following new subparagraph:
``(E) In order to provide a living organ donation,
including time spent for--
``(i) tests used to determine whether the
eligible employee is medically suitable for
live organ donation;
``(ii) physical, psychological, and social
evaluations of the live donor;
``(iii) pretransplant outpatient services;
``(iv) postoperative inpatient and
outpatient transplantation services;
``(v) travel in connection with tests,
evaluations, and services described in clauses
(i) through (iv); and
``(vi) recuperation consistent with the
type of transplant performed.''.
(b) Certification.--
(1) Non-federal employees.--The Family and Medical Leave
Act of 1993 (29 U.S.C. 2611 et seq.) is further amended by
striking ``section 102(a)(1)(D)'' and inserting ``subparagraph
(D) or (F) of section 102(a)(1)'' in the following sections,
respectively:
(A) Section 103(b)(4)(B) (29 U.S.C. 2613(b)(4)(B)).
(B) Section 104(c)(3)(A)(ii) (29 U.S.C.
2614(c)(3)(A)(ii)).
(2) Federal employees.--Section 6383(b)(4)(B) of title 5,
United States Code is amended by striking ``section
6382(a)(1)(D)'' and inserting ``subparagraph (D) or (E) of
section 6382(a)(1)''.
(c) Conforming Amendments.--
(1) Non-federal employees.--The Family and Medical Leave
Act of 1993 (29 U.S.C. 2611 et seq.) is further amended--
(A) by striking ``(C) or (D)'' each place it
appears and inserting ``(C), (D), or (F)'' in--
(i) section 102(b) (1) and (2) (29 U.S.C.
2612(b) (1) and (2));
(ii) section 102(e)(2) (29 U.S.C.
2612(e)(2));
(iii) section 103(c)(1) (29 U.S.C.
2613(c)(1));
(iv) section 104(c)(2)(B)(i) (29 U.S.C.
2614(c)(2)(B)(i)); and
(v) section 108(c)(1) (29 U.S.C.
2618(c)(1));
(B) by inserting ``(including living organ
donation)'' after ``planned medical treatment'' in--
(i) section 102(b)(2) and (e)(2) (29 U.S.C.
2612(b)(2) and (e)(2));
(ii) section 103(b)(5) (29 U.S.C.
2613(b)(5)); and
(iii) section 108(c)(1) (29 U.S.C.
2618(c)(1)), in the matter preceding
subparagraph (A); and
(C) in section 104(a)(4) (29 U.S.C. 2614(a)(4)), by
striking ``section 102(a)(1)(D)'' and inserting
``subparagraph (D) or (F) of section 102(a)(1)''.
(2) Federal employees.--Title 5, United States Code, is
further amended--
(A) by striking ``(C) or (D)'' each place it
appears and inserting ``(C), (D), or (E)'' in--
(i) section 6382(b)(2) and (e)(2); and
(ii) section 6383(a);
(B) in section 6382(d), by striking ``or (D)'' and
inserting ``(D), or (E)'';
(C) in section 6383(b)(5), by inserting
``(including living organ donation)'' after ``planned
medical treatment''; and
(D) in section 6384(d), by striking ``section
6382(a)(1)(D)'' and inserting ``subparagraph (D) or (E)
of section 6382(a)(1)''. | Living Organ Donor Job Security Act - Amends the Family and Medical Leave Act of 1993 (FMLA) to entitle employees covered by FMLA to leave to provide a living organ donation, including for time spent for: (1) tests to determine medical suitability of the employee for donation; (2) physical, psychological, and social evaluations of the donor; (3) pretransplant outpatient services; (4) postoperative inpatient and outpatient transplantation services; (5) travel in connection with such tests, evaluations, and services; and (6) recuperation.
Amends federal civil service law to entitle civilian federal employees the same leave allowance. | {"src": "billsum_train", "title": "To amend the Family and Medical Leave Act of 1993 and title 5, United States Code, to allow leave for individuals who provide living organ donations."} | 1,313 | 137 | 0.638173 | 1.584023 | 0.657729 | 2.868852 | 8.147541 | 0.836066 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans' Hospice Care Services Act
of 1995''.
SEC. 2. PROGRAMS FOR FURNISHING HOSPICE CARE TO VETERANS.
(a) Establishment of Programs.--Chapter 17 of title 38, United
States Code, is amended by adding at the end the following:
``subchapter vii--hospice care pilot program; hospice care services
``Sec. 1761. Definitions
``For the purposes of this subchapter--
``(1) The term `terminally ill veteran' means any veteran--
``(A) who is (i) entitled to receive hospital care
in a medical facility of the Department under section
1710(a)(1) of this title, (ii) eligible for hospital or
nursing home care in such a facility and receiving such
care, (iii) receiving care in a State home facility for
which care the Secretary is paying per diem under
section 1741 of this title, or (iv) transferred to a
non-Department nursing home for nursing home care under
section 1720 of this title and receiving such care; and
``(B) who has a medical prognosis (as certified by
a Department physician) of a life expectancy of six
months or less.
``(2) The term `hospice care services' means--
``(A) the care, items, and services referred to in
subparagraphs (A) through (H) of section 1861(dd)(1) of
the Social Security Act (42 U.S.C. 1395x(dd)(1)); and
``(B) personal care services.
``(3) The term `hospice program' means any program that
satisfies the requirements of section 1861(dd)(2) of the Social
Security Act (42 U.S.C. 1395x(dd)(2)).
``(4) The term `medical facility of the Department' means a
facility referred to in section 1701(4)(A) of this title.
``(5) The term `non-Department facility' means a facility
(other than a medical facility of the Department) at which care
to terminally ill veterans is furnished, regardless of whether
such care is furnished pursuant to a contract, agreement, or
other arrangement referred to in section 1762(b)(1)(D) of this
title.
``(6) The term `personal care services' means any care or
service furnished to a person that is necessary to maintain a
person's health and safety within the home or nursing home of
the person, including care or services related to dressing and
personal hygiene, feeding and nutrition, and environmental
support.
``Sec. 1762. Hospice care: pilot program requirements
``(a)(1) During the period beginning on October 1, 1995, and ending
on December 31, 2000, the Secretary shall conduct a pilot program in
order--
``(A) to assess the desirability of furnishing hospice care
services to terminally ill veterans; and
``(B) to determine the most effective and efficient means
of furnishing such services to such veterans.
``(2) The Secretary shall conduct the pilot program in accordance
with this section.
``(b)(1) Under the pilot program, the Secretary shall--
``(A) designate not less than 15 nor more than 30 medical
facilities of the Department at or through which to conduct
hospice care services demonstration projects;
``(B) designate the means by which hospice care services
shall be provided to terminally ill veterans under each
demonstration project pursuant to subsection (c);
``(C) allocate such personnel and other resources of the
Department as the Secretary considers necessary to ensure that
services are provided to terminally ill veterans by the
designated means under each demonstration project; and
``(D) enter into any contract, agreement, or other
arrangement that the Secretary considers necessary to ensure
the provision of such services by the designated means under
each such project.
``(2) In carrying out the responsibilities referred to in paragraph
(1) the Secretary shall take into account the need to provide for and
conduct the demonstration projects so as to provide the Secretary with
such information as is necessary for the Secretary to evaluate and
assess the furnishing of hospice care services to terminally ill
veterans by a variety of means and in a variety of circumstances.
``(3) In carrying out the requirement described in paragraph (2),
the Secretary shall, to the maximum extent feasible, ensure that--
``(A) the medical facilities of the Department selected to
conduct demonstration projects under the pilot program include
facilities located in urban areas of the United States and
rural areas of the United States;
``(B) the full range of affiliations between medical
facilities of the Department and medical schools is represented
by the facilities selected to conduct demonstration projects under the
pilot program, including no affiliation, minimal affiliation, and
extensive affiliation;
``(C) such facilities vary in the number of beds that they
operate and maintain; and
``(D) the demonstration projects are located or conducted
in accordance with any other criteria or standards that the
Secretary considers relevant or necessary to furnish and to
evaluate and assess fully the furnishing of hospice care
services to terminally ill veterans.
``(c)(1) Subject to paragraph (2), hospice care to terminally ill
veterans shall be furnished under a demonstration project by one or
more of the following means designated by the Secretary:
``(A) By the personnel of a medical facility of the
Department providing hospice care services pursuant to a
hospice program established by the Secretary at that facility.
``(B) By a hospice program providing hospice care services
under a contract with that program and pursuant to which
contract any necessary inpatient services are provided at a
medical facility of the Department.
``(C) By a hospice program providing hospice care services
under a contract with that program and pursuant to which
contract any necessary inpatient services are provided at a
non-Department medical facility.
``(2)(A) The Secretary shall provide that--
``(i) care is furnished by the means described in paragraph
(1)(A) at not less than five medical facilities of the
Department; and
``(ii) care is furnished by the means described in
subparagraphs (B) and (C) of paragraph (1) in connection with
not less than five such facilities for each such means.
``(B) The Secretary shall provide in any contract under
subparagraph (B) or (C) of paragraph (1) that inpatient care may be
provided to terminally ill veterans at a medical facility other than
that designated in the contract if the provision of such care at such
other facility is necessary under the circumstances.
``(d)(1) Except as provided in paragraph (2), the amount paid to a
hospice program for care furnished pursuant to subparagraph (B) or (C)
of subsection (c)(1) may not exceed the amount that would be paid to
that program for such care under section 1814(i) of the Social Security
Act (42 U.S.C. 1395f(i)) if such care were hospice care for which
payment would be made under part A of title XVIII of such Act.
``(2) The Secretary may pay an amount in excess of the amount
referred to in paragraph (1) (or furnish services whose value, together
with any payment by the Secretary, exceeds such amount) to a hospice
program for furnishing care to a terminally ill veteran pursuant to
subparagraph (B) or (C) of subsection (c)(1) if the Secretary
determines, on a case-by-case basis, that--
``(A) the furnishing of such care to the veteran is
necessary and appropriate; and
``(B) the amount that would be paid to that program under
section 1814(i) of the Social Security Act would not compensate
the program for the cost of furnishing such care.
``Sec. 1763. Care for terminally ill veterans
``(a) During the period referred to in section 1762(a)(1) of this
title, the Secretary shall designate not less than 10 medical
facilities of the Department at which hospital care is being furnished
to terminally ill veterans in order to furnish the care referred to in
subsection (b)(1).
``(b)(1) Palliative care to terminally ill veterans shall be
furnished at the facilities referred to in subsection (a) by one of the
following means designated by the Secretary:
``(A) By personnel of the Department providing one or more
hospice care services to such veterans at or through medical
facilities of the Department.
``(B) By personnel of the Department monitoring the
furnishing of one or more of such services to such veterans at
or through non-Department facilities.
``(2) The Secretary shall furnish care by the means referred to in
each of subparagraphs (A) and (B) of paragraph (1) at not less than
five medical facilities designated under subsection (a).
``Sec. 1764. Information relating to hospice care services
``The Secretary shall ensure to the extent practicable that
terminally ill veterans who have been informed of their medical
prognosis receive information relating to the eligibility, if any, of
such veterans for hospice care and services under title XVIII of the
Social Security Act (42 U.S.C. 1395 et seq.).
``Sec. 1765. Evaluation and reports
``(a) Not later than September 30, 1996, and on an annual basis
thereafter until October 1, 2001, the Secretary shall submit a written
report to the Committees on Veterans' Affairs of the Senate and House
of Representatives relating to the conduct of the pilot program under
section 1762 of this title and the furnishing of hospice care services
under section 1763 of this title. Each report shall include the
following information:
``(1) The location of the sites of the demonstration
projects provided for under the pilot program.
``(2) The location of the medical facilities of the
Department at or through which hospice care services are being
furnished under section 1763 of this title.
``(3) The means by which care to terminally ill veterans is
being furnished under each such project and at or through each
such facility.
``(4) The number of veterans being furnished such care
under each such project and at or through each such facility.
``(5) An assessment by the Secretary of any difficulties in
furnishing such care and the actions taken to resolve such
difficulties.
``(b) Not later than August 1, 1999, the Secretary shall submit to
the committees referred to in subsection (a) a report containing an
evaluation and assessment by the Under Secretary for Health of the
hospice care pilot program under section 1762 of this title and the
furnishing of hospice care services under section 1763 of this title.
The report shall contain such information (and shall be presented in
such form) as will enable the committees to evaluate fully the
desirability of furnishing hospice care services to terminally ill
veterans.
``(c) The report under subsection (b) shall include the following:
``(1) A description and summary of the pilot program.
``(2) With respect to each demonstration project conducted
under the pilot program--
``(A) a description and summary of the project;
``(B) a description of the facility conducting the
demonstration project and a discussion of how such
facility was selected in accordance with the criteria
set out in, or prescribed by the Secretary pursuant to,
subparagraphs (A) through (D) of section 1762(b)(3) of
this title;
``(C) the means by which hospice care services care
are being furnished to terminally ill veterans under
the demonstration project;
``(D) the personnel used to furnish such services
under the demonstration project;
``(E) a detailed factual analysis with respect to
the furnishing of such services, including (i) the
number of veterans being furnished such services, (ii)
the number, if any, of inpatient admissions for each
veteran being furnished such services and the length of
stay for each such admission, (iii) the number, if any,
of outpatient visits for each such veteran, and (iv)
the number, if any, of home-care visits provided to
each such veteran;
``(F) the direct costs, if any, incurred by
terminally ill veterans, the members of the families of
such veterans, and other individuals in close
relationships with such veterans in connection with the
participation of veterans in the demonstration project;
``(G) the costs incurred by the Department in
conducting the demonstration project, including an
analysis of the costs, if any, of the demonstration
project that are attributable to (i) furnishing such
services in facilities of the Department, (ii)
furnishing such services in non-Department facilities,
and (iii) administering the furnishing of such
services; and
``(H) the unreimbursed costs, if any, incurred by
any other entity in furnishing services to terminally
ill veterans under the project pursuant to section
1762(c)(1)(C) of this title.
``(3) An analysis of the level of the following persons'
satisfaction with the services furnished to terminally ill
veterans under each demonstration project:
``(A) Terminally ill veterans who receive such
services, members of the families of such veterans, and
other individuals in close relationships with such
veterans.
``(B) Personnel of the Department responsible for
furnishing such services under the project.
``(C) Personnel of non-Department facilities
responsible for furnishing such services under the
project.
``(4) A description and summary of the means of furnishing
hospice care services at or through each medical facility of
the Department designated under section 1763(a)(1) of this
title.
``(5) With respect to each such means, the information
referred to in paragraphs (2) and (3).
``(6) A comparative analysis by the Under Secretary for
Health of the services furnished to terminally ill veterans
under the various demonstration projects referred to in section
1762 of this title and at or through the designated facilities
referred to in section 1763 of this title, with an emphasis in
such analysis on a comparison relating to--
``(A) the management of pain and health symptoms of
terminally ill veterans by such projects and
facilities;
``(B) the number of inpatient admissions of such
veterans and the length of inpatient stays for such
admissions under such projects and facilities;
``(C) the number and type of medical procedures
employed with respect to such veterans by such projects
and facilities; and
``(D) the effectiveness of such projects and
facilities in providing care to such veterans at the
homes of such veterans or in nursing homes.
``(7) An assessment by the Under Secretary for Health of
the desirability of furnishing hospice care services by various
means to terminally ill veterans, including an assessment by
the Director of the optimal means of furnishing such services
to such veterans.
``(8) Any recommendations for additional legislation
regarding the furnishing of care to terminally ill veterans
that the Secretary considers appropriate.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following:
``subchapter vii--hospice care pilot program; hospice care services
``1761. Definitions.
``1762. Hospice care: pilot program requirements.
``1763. Care for terminally ill veterans.
``1764. Information relating to hospice care services.
``1765. Evaluation and reports.''.
(c) Authority To Carry Out Other Hospice Care Programs.--The
amendments made by subsection (a) may not be construed as terminating
the authority of the Secretary of Veterans Affairs to provide hospice
care services to terminally ill veterans under any program in addition
to the programs required under the provisions added by such amendments.
(d) Authorization of Appropriations.--Funds are authorized to be
appropriated for the Department of Veterans Affairs for the purposes of
carrying out the evaluation of the hospice care pilot programs under
section 1765 of title 38, United States Code (as added by subsection
(a)), as follows:
(1) For fiscal year 1996, $1,200,000.
(2) For fiscal year 1997, $2,500,000.
(3) For fiscal year 1998, $2,200,000.
(4) For fiscal year 1999, $100,000. | Veterans' Hospice Care Services Act of 1995 - Directs the Secretary of Veterans Affairs to conduct a pilot program to: (1) assess the feasibility and desirability of furnishing hospice care to terminally ill veterans; and (2) determine the most efficient and effective means of providing such care. Directs the Secretary to designate 15 to 30 Department of Veterans Affairs medical facilities for hospice care demonstration projects. Allows such hospice care to be provided by Department medical facilities and personnel or by contract with a non-Department medical facility. Limits the amount paid for such care to amounts paid for hospice care programs under title XVIII (Medicare) of the Social Security Act.
Directs the Secretary, during the pilot program period of October 1, 1995, through December 31, 2000, to designate no fewer than ten Department medical facilities at which hospice care is being provided to furnish palliative care to such veterans.
Provides for: (1) informing terminally ill veterans of their eligibility for hospice and palliative care; and (2) hospice program evaluation, assessment, and congressional reports by the Secretary and the Under Secretary for Health of the hospice care pilot program.
Authorizes appropriations for FY 1996 through 1999. | {"src": "billsum_train", "title": "Veterans' Hospice Care Services Act of 1995"} | 3,586 | 255 | 0.579991 | 1.492922 | 0.826763 | 2.747863 | 14.75641 | 0.910256 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Unlocking Lifesaving Treatments for
Rare-Diseases Act'' or ``ULTRA''.
SEC. 2. IMPROVING THE ACCELERATED APPROVAL PATHWAY FOR FAST TRACK
PRODUCTS TO SERVE THE UNMET NEEDS OF INDIVIDUALS WITH
ULTRA RARE DISEASES.
Section 506 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
356) is amended by adding at the end the following:
``(e) Scientific Standards for Approval of Certain Orphan Drugs as
Fast Track Products.--
``(1) In general.--The Secretary may approve an application
for a drug designated under section 526 for a rare disease or
condition as a fast track product using a surrogate endpoint as
described under paragraph (2) if--
``(A) the Secretary makes an initial determination
that the drug is eligible for approval--
``(i) as a drug designated for a rare
disease or condition under section 526; and
``(ii) as a fast track product under this
section; and
``(B) the drug is a treatment for a disease or
condition that affects a small number of patients in
the United States, as determined by the Secretary in
designating the drug for a rare disease or condition
under section 526.
``(2) Surrogate endpoint definition for certain fast track
products.--
``(A) In general.--If a drug meets the criteria
established in paragraph (1), the Secretary--
``(i) may use a surrogate endpoint for the
approval of the drug as a fast track product
based on the existence of reasonable scientific
data that support and qualify the relevance of
the surrogate endpoint to the disease state and
treatment; and
``(ii) shall not require clinical treatment
data or other historical clinical data on the
surrogate endpoint as a prerequisite to
assessment of the surrogate endpoint under this
subsection if such data are not available.
``(B) Use of clinical data.--
``(i) Subject to subparagraph (A)(ii), in a
surrogate endpoint assessment under this
subsection, the Secretary may take into
consideration any reliable clinical data that
are readily available and published.
``(ii) For a surrogate endpoint which the
Secretary decides to use in accordance with
subparagraph (A), nothing in this subsection
shall preclude the Secretary from requiring
clinical data that makes use of the surrogate
endpoint as a condition of approval for the
fast track product.
``(C) Guidance and considerations.--Not later than
1 year after the date of enactment of the Unlocking
Lifesaving Treatments for Rare-Diseases Act, the
Secretary shall issue guidance providing details and
options for qualifying surrogate endpoints without
clinical data pursuant to this subsection. In
qualifying a surrogate endpoint under this subsection,
the Secretary shall take into account and balance the
following considerations:
``(i) The unmet need served by the drug and
the adverse effects of the rare disease or
condition on quality of life and length of
life.
``(ii) The very low likelihood that
clinical data would exist or that clinical
studies would be completed to support a
surrogate endpoint due to the small size of the
patient population in the United States and
other significant barriers inherent in
performing such clinical studies due to the
prevalence of the disease or related factors.
``(iii) The full scope of available basic
scientific data and information describing the
pathophysiology of the disease, mechanism of
action of the drug, biology of the relevant
disease pathway, information regarding the
quality of the biomarker assay, model treatment
data, or other supportive scientific
information that the Secretary deems reasonably
predictive of a clinical benefit in the absence
of clinical data.''. | Unlocking Lifesaving Treatments for Rare-Diseases Act or ULTRA - Amends the Federal Food, Drug, and Cosmetic Act to authorize the Secretary of Health and Human Services (HHS) to approve an application for a drug as a fast track product using a surrogate endpoint, based on the existence of reasonable scientific data that support and qualify the relevance of such endpoint to the disease state and treatment, if the Secretary: (1) makes an initial determination that the drug is eligible for approval as a drug designated for a rare disease or condition (orphan drug) and as a fast track product, and (2) determines that the drug is a treatment for a disease or condition that affects a small number of patients in the United States. Prohibits the Secretary from requiring clinical treatment or other historical clinical data on such endpoint as a prerequisite to assessment of that endpoint if such scientific data is not available.
Directs the Secretary to issue guidance providing details and options for qualifying surrogate endpoints without clinical data, taking into account and balancing: (1) the unmet need served by the drug and the adverse effects of the rare disease or condition on quality and length of life, (2) the very low likelihood that clinical data would exist or that clinical studies would be completed to support a surrogate endpoint due to the small size of the U.S. patient population and other significant barriers inherent in performing such studies due to the prevalence of the disease or related factors, and (3) the full scope of available basic scientific data and information that the Secretary deems reasonably predictive of a clinical benefit in the absence of clinical data. | {"src": "billsum_train", "title": "To amend the Federal Food, Drug, and Cosmetic Act with respect to fast track approval of certain orphan drugs."} | 880 | 356 | 0.785444 | 2.436321 | 0.945393 | 4.925566 | 2.514563 | 0.957929 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chattahoochee-Oconee National Forest
Land Adjustment Act of 2015''.
SEC. 2. FINDINGS AND DEFINITION.
(a) Findings.--Congress finds that--
(1) certain National Forest System land in the State of
Georgia consists of isolated tracts that are inefficient to
manage or have lost their principal value for National Forest
purposes;
(2) the disposal of that land would be in the public
interest; and
(3) proceeds from the sale of land authorized by this Act
would be used best by the Forest Service to purchase land for
National Forest purposes in the State of Georgia.
(b) Definition of Secretary.--In this Act, the term ``Secretary''
means the Secretary of Agriculture.
SEC. 3. LAND CONVEYANCE AUTHORITY.
(a) In General.--The Secretary is authorized, under such terms and
conditions as the Secretary may prescribe, to sell or exchange any or
all rights, title, and interest of the United States in the National
Forest System land described in subsection (b).
(b) Land Authorized for Disposal.--
(1) In general.--The National Forest System land subject to
sale or exchange under this Act are 30 tracts of land totaling
approximately 3,841 acres, which are generally depicted on 2
maps entitled ``Priority Land Adjustments, State of Georgia,
U.S. Forest Service-Southern Region, Oconee and Chattahoochee
National Forests, U.S. Congressional Districts-8, 9, 10 & 14''
and dated September 24, 2013.
(2) Maps.--The maps described in paragraph (1) shall be on
file and available for public inspection in the Office of the
Forest Supervisor, Chattahoochee-Oconee National Forest, until
such time as the land is sold or exchanged.
(3) Modification of boundaries.--The Secretary may modify
the boundaries of the land described in paragraph (1) based on
land management considerations.
(c) Form of Conveyance.--
(1) Quitclaim deed.--The Secretary shall convey land sold
under this Act by quitclaim deed.
(2) Reservations.--The Secretary may reserve any rights-of-
way or other rights or interests in land sold or exchanged
under this Act that the Secretary considers necessary for
management purposes or to protect the public interest.
(d) Valuation.--
(1) Market value.--The Secretary may not sell or exchange
land under this Act for less than market value, as determined
by appraisal or through competitive bid.
(2) Appraisal requirements.--Any appraisal shall be--
(A) consistent with the Uniform Appraisal Standards
for Federal Land Acquisitions or the Uniform Standards
of Professional Appraisal Practice; and
(B) subject to the approval of the Secretary.
(e) Consideration.--
(1) Cash.--Consideration for a sale of land or equalization
of an exchange shall be paid in cash.
(2) Exchange.--Notwithstanding section 206(b) of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1716(b)), the Secretary may accept a cash equalization payment
in excess of 25 percent of the value of any land exchanged.
(f) Method of Sale.--
(1) Options.--The Secretary may sell land under subsection
(a) at public or private sale, including competitive sale by
auction, bid, or otherwise, in accordance with such terms,
conditions, and procedures as the Secretary determines are in
the best interest of the United States.
(2) Solicitations.--The Secretary may--
(A) make public or private solicitations for the
sale or exchange of land authorized by this Act; and
(B) reject any offer that the Secretary determines
is not adequate or not in the public interest.
(g) Brokers.--The Secretary may--
(1) use brokers or other third parties in the disposition
of the land authorized by this Act; and
(2) from the proceeds of a sale, pay reasonable commissions
or fees.
SEC. 4. TREATMENT OF PROCEEDS.
(a) Deposit.--The Secretary shall deposit the proceeds of a sale
authorized by this Act in the fund established under Public Law 90-171
(commonly known as the ``Sisk Act'') (16 U.S.C. 484a).
(b) Availability.--Subject to subsection (c), amounts deposited
under subsection (a) shall be available to the Secretary until
expended, without further appropriation, for the acquisition of land
for National Forest purposes in the State of Georgia.
(c) Private Property Protection.--Nothing in this Act authorizes
the use of funds deposited under subsection (a) to be used to acquire
land without the written consent of the owner of the land. | . Chattahoochee-Oconee National Forest Land Adjustment Act of 2015 (Sec. 3) This bill authorizes the Department of Agriculture (USDA) to may sell or exchange any or all interest of the United States in 30 tracts of National Forest System land in Georgia totaling approximately 3,841 acres. USDA may modify the boundaries of such lands based on land management considerations. USDA shall convey by quitclaim deed land sold or exchanged under this bill. USDA may reserve any rights-of-way or other rights or interests in land sold or exchanged under this bill that are considered necessary for management purposes or to protect the public interest. USDA may not sell or exchange land under this bill for less than market value, as determined by an appraisal or through a competitive bid. Any such appraisal shall be: consistent with the Uniform Appraisal Standards for Federal Land Acquisitions or the Uniform Standards of Professional Appraisal Practice, and subject to USDA's approval. The consideration for sales of lands or equalization of exchanges under this bill shall be paid in cash. USDA may accept a cash equalization payment that exceeds 25% of the value of any of the land to be exchanged under this bill. USDA may sell lands under this bill at public or private sale, including competitive sale by auction, bid, or otherwise, according to such terms, conditions, and procedures that are in the best interest of the United States. USDA may: make public or private solicitations for the sale or exchange of land authorized by this bill, and reject any offer that is determined as not being adequate or not in the public interest. USDA may: use brokers or other third parties in disposing of the lands authorized by this bill; and from the proceeds of such a sale, pay reasonable commissions or fees. (Sec. 4) USDA shall deposit the proceeds of a sale authorized by this bill in the fund established under the Sisk Act. Amounts deposited into such fund shall be made available to USDA for the acquisition of land for national forest purposes in Georgia. Nothing in this bill authorizes the use of the amounts deposited into such fund for the acquisition of land without the written consent of the owner of that land. | {"src": "billsum_train", "title": "Chattahoochee-Oconee National Forest Land Adjustment Act of 2015"} | 1,071 | 476 | 0.67893 | 2.244797 | 0.814769 | 4.013986 | 2.172494 | 0.867133 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Care Worker Protection Act of
1997''.
SEC. 2. USE OF DESIGNATED HOLLOW-BORE NEEDLE DEVICES BY HOSPITALS UNDER
THE MEDICARE PROGRAM.
(a) Condition of Participation.--Section 1866(a)(1) of the Social
Security Act (42 U.S.C. 1395cc(a)(1)), as amended by section 4321(b) of
the Balanced Budget Act of 1997, is amended--
(1) by striking the period at the end of subparagraph (S)
and inserting ``; and''; and
(2) by inserting after subparagraph (S), the following new
subparagraph:
``(T) except as provided in paragraph (4), in the case of a
hospital or a critical access hospital, to use, when furnishing
services to individuals through the use of a hollow-bore needle
device, only such a device designated by the Commissioner of
Food and Drugs, under section 4 of the Health Care Worker
Protection Act of 1997, as minimizing the risk of needlestick
injury to health care workers.''.
(b) Exceptions Authority.--Section 1866(a) of such Act (42 U.S.C.
1395cc(a)) is amended by adding at the end the following new paragraph:
``(4) The Secretary may waive the requirement under paragraph
(1)(T)--
``(A) with respect to services furnished by a critical
access hospital,
``(B) in the case of an act of self-administration of such
services, and
``(C) in such other cases as the Secretary determines
appropriate.''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall apply to hospitals for services furnished through the use of a
hollow-bore needle device on or after the first day of the fourth month
that begins after the date on which the Commissioner of Food and Drugs
designates classes of hollow-bore needle devices under section 4.
SEC. 3. USE OF DESIGNATED HOLLOW-BORE NEEDLE DEVICES IN VETERANS
HOSPITALS.
(a) In General.--Section 7311 of title 38, United States Code, is
amended--
(1) in subsection (b), by striking out paragraph (3);
(2) by striking out subsection (d);
(3) by redesignating subsection (e) as subsection (d); and
(4) by adding at the end the following new subsection:
``(e)(1) As part of the quality-assurance program, the Under
Secretary for Health shall ensure that the Department in the provision
of hospital care under this title uses, when furnishing services to
individuals through the use of a hollow-bore needle device, only such a
device designated by the Commissioner of Food and Drugs, under section
4 of the Health Care Worker Protection Act of 1997, as minimizing the
risk of needlestick injury to health care workers.
``(2) The Under Secretary may waive the requirement under paragraph
(1) in the case of an act of self-administration of such services, and
in such other cases as the Secretary determines appropriate.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to the provision of hospital care under such title
furnished through the use of a hollow-bore needle device on or after
the first day of the fourth month that begins after the date on which
the Commissioner of Food and Drugs designates classes of hollow-bore
needle devices under section 4.
SEC. 4. DESIGNATION OF CLASSES OF HOLLOW-BORE NEEDLE DEVICES THAT
MINIMIZE RISK OF NEEDLESTICK INJURY.
(a) Designation of Classes of Devices.--
(1) Initial designation.--Not later than 1 year after the
date of the enactment of this Act, the Commissioner of Food and
Drugs, in consultation with the advisory council described in
subsection (b), shall designate classes of hollow-bore needle
devices that minimize the risk of needlestick injury (as
defined in subsection (c)).
(2) Subsequent designation.--The Commissioner, in
consultation with the advisory council described in subsection
(b), shall periodically review and update classes of hollow-
bore needle devices described in paragraph (1).
(b) Advisory Council Described.--The advisory council described in
this subsection is an advisory council established by the Commissioner
and comprised of such representatives from consumer groups, health care
workers (including at least one practicing registered nurse), and
technical experts as the Commissioner determines appropriate.
(c) Needlestick Injury Defined.--For purposes of this Act, the term
``needlestick injury'' means the parenteral introduction into the body
of a health care worker of blood or other potentially infectious
material by a hollow-bore needle device during the performance of
duties of such worker.
SEC. 5. EDUCATION AND TRAINING.
(a) In General.--The Secretary of Health and Human Services shall
provide for such education and training in the use of hollow-bore
needle devices designated by the Commissioner of Food and Drugs under
section 4, as the Secretary determines appropriate.
(b) Authorization of Appropriation.--There are authorized to be
appropriated $5,000,000, to remain available until expended, to carry
out the education and training described in subsection (a). | Health Care Worker Protection Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act and Federal veterans benefits law to make it a condition of participation, except in specified circumstances, that hospitals use only designated hollow-bore needle devices that minimize the risk of needlestick injury to health care workers when furnishing services to individuals under the Medicare program and to individuals in veterans hospitals.
Directs the Commissioner of Food and Drugs to designate classes of hollow-bore needle devices that minimize the risk of needlestick injury, in consultation with an advisory council the Commissioner shall establish for such purpose.
Directs the Secretary of Health and Human Services to provide for such education and training in the use of such designated devices as the Secretary determines appropriate. Authorizes appropriations. | {"src": "billsum_train", "title": "Health Care Worker Protection Act of 1997"} | 1,200 | 167 | 0.630384 | 1.733832 | 0.748029 | 4.048276 | 7.386207 | 0.889655 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Raechel and Jacqueline Houck Safe
Rental Car Act of 2011''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Covered vehicle.--The term ``covered vehicle'' means a
motor vehicle that--
(A) is rated at 26,000 pounds gross vehicle weight
or less;
(B) is rented or leased without a driver; and
(C) is part of a motor vehicle fleet of 5 or more
motor vehicles that is used for rental or lease
purposes by a rental company.
(2) Defect, motor vehicle, motor vehicle safety, motor
vehicle safety standard.--The terms ``defect'', ``motor
vehicle'', ``motor vehicle safety'', and ``motor vehicle safety
standard'' have the meanings given such terms in section 30102
of title 49, United States Code.
(3) Person.--The term ``person'' has the meaning given the
term in section 1 of title 1, United States Code.
(4) Rental company.--The term ``rental company'' means a
person who--
(A) is engaged in the business of renting or
leasing covered vehicles; and
(B) uses for rental or lease purposes a motor
vehicle fleet of 5 or more covered vehicles.
SEC. 3. PROHIBITION ON RENTAL, LEASE, AND SALE OF DEFECTIVE CARS AND
TRUCKS.
(a) Prohibition.--
(1) In general.--Except as provided in paragraph (2), it
shall be unlawful for a rental company to rent, lease, or sell
a covered vehicle on or after the earlier of the date of
receipt by the rental company of a notification ordered by the
Secretary of Transportation under subsection (b)(2)(A) of
section 30118 of title 49, United States Code, or the date on
which a manufacturer gives notice to owners, purchasers, and
dealers pursuant to subsection (c) of such section that the
covered vehicle contains a defect related to motor vehicle
safety or does not comply with an applicable motor vehicle
safety standard, unless the defect or noncompliance has been
remedied prior to rental, lease, or sale.
(2) Exception.--Paragraph (1) shall not apply to a
notification ordered by the Secretary under subsection
(b)(2)(A) of such section if enforcement of the order is set
aside in a civil action to which section 30121(d) of such title
applies.
(3) Date of receipt of a notification.--For purposes of
paragraph (1), a rental company shall be considered to have
received a notification described in such paragraph 5 business
days following the date on which such notification was mailed.
(b) Notification During Rental or Lease.--If, during a rental or
lease period of a covered vehicle, a rental company receives a
notification pursuant to subsection (b)(2)(A) or (c) of section 30118
of such title that the covered vehicle contains a defect related to
motor vehicle safety or does not comply with an applicable motor
vehicle safety standard, the rental company shall immediately--
(1) contact the renter or lessee and any authorized driver
for whom the rental company has immediate contact information
to inform such renter or lessee and authorized driver of the
defect or noncompliance; and
(2) offer to provide such renter, lessee, or authorized
driver a comparable alternative vehicle, at no additional cost
to the renter, lessee, or authorized driver, until the defect
or noncompliance has been remedied.
(c) Effective Date.--This section shall take effect on the date
that is 60 days after the date of the enactment of this Act.
SEC. 4. ENFORCEMENT BY FEDERAL TRADE COMMISSION.
(a) In General.--Violation of section 3 of this Act shall be
treated as a violation of a rule under section 18 of the Federal Trade
Commission Act (15 U.S.C. 57a) regarding unfair or deceptive acts or
practices. The Federal Trade Commission shall enforce this Act in the
same manner, by the same means, and with the same jurisdiction, powers,
and duties as though all applicable terms and provisions of the Federal
Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and
make a part of this Act.
(b) Penalties.--Any person who violates this Act or any regulation
prescribed under this Act shall be subject to the penalties and
entitled to the privileges and immunities provided in the Federal Trade
Commission Act as though all applicable terms and provisions of the
Federal Trade Commission Act were incorporated in and made part of this
Act.
(c) Authority Preserved.--Nothing in this section shall be
construed to limit the authority of the Commission under any other
provision of law.
SEC. 5. ENFORCEMENT BY STATES.
(a) Right of Action.--Except as provided in subsection (e), the
attorney general of a State, or other authorized State officer,
alleging a violation of this Act or any regulation issued under this
Act that affects or may affect such State or its residents, may bring
an action on behalf of the residents of the State in any United States
district court for the district in which the defendant is found,
resides, or transacts business, or wherever venue is proper under
section 1391 of title 28, United States Code, to obtain appropriate
injunctive relief.
(b) Rights of Federal Trade Commission.--
(1) Notice to federal trade commission.--
(A) In general.--Except as provided in subparagraph
(C), the attorney general of a State, or other
authorized State officer, shall notify the Federal
Trade Commission in writing of any civil action under
subsection (a), prior to initiating such civil action.
(B) Contents.--The notice required by subparagraph
(A) shall include a copy of the complaint to be filed
to initiate such civil action.
(C) Exception.--If it is not feasible for the
attorney general of a State, or other authorized State
officer, to provide the notice required by subparagraph
(A), the State shall provide notice immediately upon
instituting a civil action under subsection (a).
(2) Intervention by federal trade commission.--Upon
receiving notice required by paragraph (1) with respect to a
civil action, the Federal Trade Commission may--
(A) intervene in such action; and
(B) upon intervening--
(i) be heard on all matters arising in such
civil action; and
(ii) file petitions for appeal of a
decision in such action.
(c) Construction.--Nothing in this section shall be construed--
(1) to prevent the attorney general of a State, or other
authorized State officer, from exercising the powers conferred
on the attorney general, or other authorized State officer, by
the laws of such State; or
(2) to prohibit the attorney general of a State, or other
authorized State officer, from proceeding in State or Federal
court on the basis of an alleged violation of any civil or
criminal statute of that State.
(d) Limitation.--No separate suit shall be brought under this
section if, at the time the suit is brought, the same alleged violation
is the subject of a pending action by the Federal Trade Commission or
the United States under this Act.
SEC. 6. CONSTRUCTION.
Nothing in this Act shall be construed to prohibit an individual
from seeking any remedies available under any provision of Federal or
State law.
SEC. 7. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION REPORT ON SALES
OF MOTOR VEHICLES TO RENTAL COMPANIES WITHOUT STANDARD
SAFETY FEATURES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Administrator of the National Highway
Traffic Safety Administration shall submit to Congress a report on all
matters relating to the sales of motor vehicles to rental companies
without safety features that are normally included in the sales of such
motor vehicles to consumers.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A description of the buying practices of rental
companies with respect to motor vehicles that do not include
safety features that are normally included in the sale of such
motor vehicles to consumers.
(2) A description of the implications of such practices on
the safety of consumers.
(3) The recommendations of the Administrator with respect
to the regulatory and legislative actions that can be taken to
protect consumers with respect to such practices.
SEC. 8. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION REPORT ON SALES
OF MOTOR VEHICLES BY RENTAL COMPANIES KNOWN TO INCLUDE
SAFETY DEFECTS BEFORE SUCH VEHICLES ARE RECALLED.
(a) Initial Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Administrator of the National
Highway Traffic Safety Administration shall submit to Congress
a report on sales of covered vehicles--
(A) by rental companies that are aware, including
by notice posted on the Internet website of the
Administration, such covered vehicles may contain a
defect related to motor vehicle safety or may not be in
compliance with an applicable motor vehicle safety
standard; and
(B) during the period--
(i) beginning on the date on which such
rental companies become aware that such
vehicles may contain such defects or may not be
in compliance as described in subparagraph (A);
and
(ii) ending on the earlier of the date of
receipt by the rental company of a notification
ordered by the Secretary of Transportation
under subsection (b)(2)(A) of section 30118 of
title 49, United States Code, and the date on
which a manufacturer gives notice to owners,
purchasers, and dealers pursuant to subsection
(c) of such section that such covered vehicles
contain a defect related to motor vehicle
safety or do not comply with an applicable
motor vehicle safety standard.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A description and analysis of the frequency of
sales of covered vehicles described in such paragraph.
(B) A discussion of the effects of such sales on
consumers.
(C) The recommendations of the Administrator, if
any, on legislative and administrative action that
should be taken to address such sales or mitigate such
effects.
(b) Follow-Up Report.--
(1) In general.--Not later than 1 year after the date on
which the Administrator submits the report required by
subsection (a)(1), the Administrator shall submit to Congress a
report on the sales of covered vehicles as described in such
subsection during the period beginning on the date on which the
Administrator submits the report required by such subsection
and ending on the date on which the report is submitted under
this paragraph.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A description, analysis, discussion, and
recommendations as described in subsection (a)(2) but
with respect to the period described in paragraph (1)
of this subsection.
(B) An identification and analysis of differences
between the findings of the Administrator with respect
to the report required by subsection (a)(1) and the
findings of the Administrator with respect to
subparagraph (A) of this paragraph.
(C) A discussion of the effects of the provisions
of this Act on the sales of covered vehicles as
described in subsection (a)(1). | Raechel and Jacqueline Houck Safe Rental Car Act of 2011 - Makes it unlawful for a rental company, unless the defect or noncompliance has already been remedied, to rent, lease, or sell a covered vehicle on or after the earlier of: (1) the receipt by the company of a Secretary of Transportation (DOT) ordered notification from the manufacturer that the vehicle or equipment is defective or is noncompliant with federal motor vehicle safety standards; or (2) when the vehicle or equipment manufacturer gives notice to owners, purchasers, and dealers that the vehicle or equipment contains a defect or is noncompliant.
Requires a rental company that receives a notification of a vehicle or equipment defect or noncompliance during the vehicle rental or lease period to: (1) contact the renter or lessee and any authorized driver of the covered vehicle about the defect or noncompliance; and (2) offer to provide them, at no additional cost, with a comparable alternative vehicle until the defect or noncompliance has been remedied.
Treats violations of the requirements of this Act as unfair or deceptive acts or practices under the Federal Trade Commission Act. Subjects persons who violate such requirements to certain penalties.
Requires the Administrator of the National Highway Traffic Safety Administration (NHTSA) to report to Congress on: (1) sales of motor vehicles to rental companies without standard safety features, and (2) sales by rental companies of covered vehicles known to include safety defects before they are recalled. | {"src": "billsum_train", "title": "A bill to designate certain conduct by car and truck rental companies relating to motor vehicle safety defects and recalls as unfair and deceptive acts or practices to be regulated by the Federal Trade Commission, and for other purposes."} | 2,509 | 320 | 0.641975 | 2.050738 | 0.806721 | 3.682143 | 8.257143 | 0.910714 |
SECTION 1. MINIMUM WAGE.
Section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C.
206(a)(1)) is amended to read as follows:
``(1) except as otherwise provided in this section, not
less than--
``(A) $5.15 an hour beginning September 1, 1997,
``(B) $5.48 an hour during the year beginning April
1, 2000,
``(C) $5.81 an hour during the year beginning April
1, 2001, and
``(D) $6.15 an hour beginning April 1, 2002;''.
SEC. 2. EXEMPTION FOR COMPUTER PROFESSIONALS.
Section 13(a) of the Fair Labor Standards Act of 1938 (29 U.S.C.
213(a)) is amended by amending paragraph (17) to read as follows:
``(17) any employee who is a computer systems, network, or
database analyst, designer, developer, programmer, software
engineer, or other similarly skilled worker--
``(A) whose primary duty is--
``(i) the application of systems or network
or database analysis techniques and procedures,
including consulting with users, to determine
hardware, software, systems, network, or
database specifications (including functional
specifications);
``(ii) the design, configuration,
development, integration, documentation,
analysis, creation, testing, securing, or
modification of, or problem resolution for,
computer systems, networks, databases, or
programs, including prototypes, based on and
related to user, system, network, or database
specifications, including design specifications
and machine operating systems;
``(iii) the management or training of
employees performing duties described in clause
(i) or (ii); or
``(iv) a combination of duties described in
clauses (i), (ii), or (iii) the performance of
which requires the same level of skills; and
``(B) who, in the case of an employee who is
compensated on an hourly basis, is compensated at a
rate of not less than $27.63 an hour.
For purposes of paragraph (17), the term `network' includes the
Internet and intranet networks and the world wide web. An
employee who meets the exemption provided by paragraph (17)
shall be considered an employee in a professional capacity
pursuant to paragraph (1);''.
SEC. 3. EXEMPTION FOR CERTAIN SALES EMPLOYEES.
(a) Amendment.--Section 13(a) of the Fair Labor Standards Act of
1938 (29 U.S.C. 213(a)), as amended by section 2, is amended by adding
at the end the following:
``(18) any employee employed in a sales position if--
``(A) the employee has specialized or technical
knowledge related to products or services being sold;
``(B) the employee's--
``(i) sales are predominantly to persons or
entities to whom the employee's position has
made previous sales; or
``(ii) position does not involve initiating
sales contacts;
``(C) the employee has a detailed understanding of
the needs of those to whom the employee is selling;
``(D) the employee exercises discretion in offering
a variety of products and services;
``(E) the employee receives--
``(i) base compensation, determined without
regard to the number of hours worked by the
employee, of not less than an amount equal to
one and one-half times the minimum wage in
effect under section 6(a)(1) multiplied by
2,080; and
``(ii) in addition to the employee's base
compensation, compensation based upon each sale
attributable to the employee;
``(F) the employee's aggregate compensation based
upon sales attributable to the employee is not less
than 40 percent of one and one-half times the minimum
wage multiplied by 2,080;
``(G) the employee receives a rate of compensation
based upon each sale attributable to the employee which
is beyond sales required to reach the compensation
required by subparagraph (F) which rate is not less
than the rate on which the compensation required by
subparagraph (F) is determined; and
``(H) the rate of annual compensation or base
compensation for any employee who did not work for an
employer for an entire calendar year is prorated to
reflect annual compensation which would have been
earned if the employee had been compensated at the same
rate for the entire calendar year;''.
(b) Construction.--The amendment made by subsection (a) may not be
construed to apply to individuals who are employed as route sales
drivers.
SEC. 4. EXEMPTION FOR FUNERAL DIRECTORS.
Section 13(a) of the Fair Labor Standards Act of 1938 (29 U.S.C.
213(a)), as amended by section 3, is amended by adding after paragraph
(18) the following:
``(19) any employee employed as a licensed funeral director
or a licensed embalmer.''.
SEC. 5. STATE MINIMUM WAGE.
Section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206)
is amended by adding at the end the following:
``(h)(1) An employer in a State that adopts minimum wage
legislation that conforms to the requirement of paragraph (2) shall not
be required to pay its employees at the minimum wage prescribed by
subsection (a)(1).
``(2) Paragraph (1) shall apply in a State that adopts minimum wage
legislation that--
``(A) sets a rate that is not less than $5.15 an hour; and
``(B) applies that rate to not fewer than the employees
performing work within the State that would otherwise be
covered by the minimum wage rate prescribed by subsection
(a)(1).''. | (Sec. 2) Revises an exemption from FLSA minimum wage and overtime compensation requirements for certain computer professionals to include computer network and database analysts, and computer systems, network, and database designers and developers.(Sec. 3) Exempts from FLSA minimum wage and overtime compensation requirements any employee in a sales position, if: (1) the employee has specialized or technical knowledge related to products or services being sold; (2) the employee's sales are predominantly to persons who are entities to whom the employee has made previous sales or the employee's position does not involve initiating sales contacts; (3) the employee has a detailed understanding of customers' needs and exercises discretion in offering a variety of products and services; (4) the employee receives a base compensation at a specified minimum rate and additional compensation based on sales attributable to the employee; (5) the employee's aggregate compensation based upon sales reaches a specified minimum level; and (6) the rate of annual compensation or base compensation for an employee who did not work for an employer for an entire calendar year is prorated to reflect annual compensation which would have been earned if the employee had been compensated at the same rate for the entire calendar year. Makes such exemption inapplicable to individuals employed as route sales drivers.(Sec. 4) Exempts licensed funeral directors and licensed embalmers from FLSA minimum wage and overtime compensation requirements.(Sec. 5) Allows a State to preempt the Federal minimum wage if the State: (1) sets a minimum wage rate of at least $5.15 per hour (the current Federal minimum wage); and (2) applies that rate to as many workers in the State as would otherwise be covered by the Federal minimum wage rate. | {"src": "billsum_train", "title": "To amend the Fair Labor Standards Act of 1938 to increase the minimum wage, and for other purposes."} | 1,284 | 372 | 0.513549 | 1.77257 | 0.726928 | 3.498471 | 3.70948 | 0.880734 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Afterschool for America's Children
Act''.
SEC. 2. PURPOSE; DEFINITIONS.
Section 4201 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7171) is amended--
(1) in subsection (a), by amending paragraphs (1) and (2)
to read as follows:
``(1) offer students a broad array of additional services,
programs, and activities, such as youth development activities,
service learning, nutrition and health education, drug and
violence prevention programs, counseling programs, art, music,
social and emotional learning programs, physical fitness and
wellness programs and recreation programs, such as sports, and
technology education programs, that are designed to reinforce
and complement the regular academic program of participating
students;
``(2) provide opportunities for academic enrichment,
including providing tutorial services to help students,
particularly students who attend low-performing schools, in
core academic subjects; and'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by amending subparagraph (A) to read as
follows:
``(A) assists students in core academic subjects by
providing the students with academic and enrichment
activities and a broad array of other activities (such
as programs and activities described in subsection (a))
during nonschool hours or periods when school is not in
session (such as before or after school or during
summer recess) that reinforce and complement the
regular academic programs of the schools attended by
the students served;''; and
(ii) in subparagraph (B), by inserting
before the period at the end ``and
opportunities for active and meaningful
engagement in their student's education'';
(B) in paragraph (3), by inserting ``Indian tribe
or tribal organization (as such terms are defined in
section 4 of the Indian Self-Determination and
Education Act (25 U.S.C. 450b)),'' after ``community-
based organization,'';
(C) by redesignating paragraph (4) as paragraph
(5); and
(D) by inserting after paragraph (3) the following
new paragraph:
``(4) External organization.--The term `external
organization' means a nonprofit organization with a record of
success in carrying out or working with before school, after
school, or summer learning programs.''.
SEC. 3. ALLOTMENTS TO STATES.
Section 4202(c) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7172(c)) is amended--
(1) in paragraph (2)(B), by inserting ``rigorous'' after
``implementing a'';
(2) by striking the undesignated matter after paragraph
(2)(B) and inserting the following new subparagraph:
``(C) supervising the awarding of funds to eligible
entities (in consultation with the Governor and other
State agencies responsible for administering youth
development programs and adult learning activities).'';
and
(3) in paragraph (3), by inserting after subparagraph (D)
the following new subparagraphs:
``(E) Assisting eligible entities receiving an
award under this part to align with State academic
standards the activities carried out under before
school, after school, or summer learning programs
funded with such award.
``(F) Ensuring that any such eligible entity
identifies and partners with external organizations, if
available, in the community.
``(G) Working with teachers, principals, parents,
and other stakeholders to review and improve State
policies and practices to support the implementation of
effective programs.
``(H) Coordinating funds received under this
program with other Federal and State funds to implement
high-quality programs.
``(I) Providing a list of prescreened external
organizations to eligible entities under section
4203(a)(12).''.
SEC. 4. STATE APPLICATION.
Section 4203 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7173) is amended--
(1) in subsection (a)--
(A) by amending paragraph (3) to read as follows:
``(3) contains an assurance that the State educational
agency--
``(A) will make awards under this part only to
eligible entities that propose to serve students who
primarily attend schools eligible for schoolwide
programs under section 1114, and families of such
students; and
``(B) will give priority to eligible entities that
propose to serve students described in section
4204(i)(1);'';
(B) in paragraph (4), by striking ``meet local
content and student academic achievement standards''
and inserting ``improve academic and life success'';
(C) in paragraph (6), by striking ``promising
practices'' and inserting ``successful practices, and
coordination of professional development for staff in
specific content areas and youth development'';
(D) by amending paragraph (11) to read as follows:
``(11) provides--
``(A) an assurance that the application was
developed in consultation and coordination with
appropriate State officials, including the chief State
school officer, and other State agencies administering
before school, after school, or summer school learning
programs, the heads of the State health and mental
health agencies or their designees, and representatives
of teachers, parents, students, the business community,
and community-based organizations; statewide
afterschool networks (where applicable); and
``(B) a description of any other representatives of
teachers, parents, students, or the business community
that the State has selected to assist in the
development of the application, if applicable;'';
(E) by redesignating paragraph (14) as paragraph
(15);
(F) by amending paragraph (12) to read as follows:
``(12) describes how the State will prescreen external
organizations that may provide assistance in carrying out the
activities under this part and develop and make available to
eligible entities a list of external organizations that
successfully completed the prescreening process;'';
(G) by amending paragraph (13) to read as follows:
``(13) describes the results of the State's needs and
resources assessment for before school, after school or summer
learning activities, which shall be based on the results of on-
going State evaluation activities;''; and
(H) by amending paragraph (14) to read as follows:
``(14) describes how the State educational agency will
evaluate the effectiveness of programs and activities carried
out under this part, which shall include, at a minimum--
``(A) a description of the performance indicators
and performance measures that will be used to evaluate
programs and activities, and with emphasis on alignment
with the regular academic program of the school and the
academic needs of participating students, including
performance indicators and measures that--
``(i) are able to track student success and
improvement over time, and
``(ii) include State assessment results and
other indicators of student success and
improvement, such as improved attendance during
the school day, better classroom grades,
regular (or consistent) program attendance, on-
time advancement to the next grade level and
graduation rate, local crime rate, and
classroom behavior;
``(B) a description of how data collected for the
purposes of subparagraph (A) will be collected; and
``(C) public dissemination of the evaluations of
programs and activities carried out under this part;'';
and
(2) by adding at the end the following new subsection:
``(g) Limitation.--The Secretary may not impose a priority or
preference for States or eligible entities that seek to use funds made
available under this part to extend the regular school day.''.
SEC. 5. LOCAL COMPETITIVE GRANT PROGRAM.
Section 4204 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7174) is amended--
(1) in subsection (b)(2)--
(A) in subparagraph (B), by inserting ``and overall
student success'' after ``achievement'';
(B) by amending subparagraph (C) to read as
follows:
``(C) a demonstration of how the proposed program
will--
``(i) work in partnership with Federal,
State, and local programs that will be combined
or coordinated with the proposed program; and
``(ii) make the most effective use of
public resources;'';
(C) in subparagraph (D), by striking ``, in active
collaboration with the schools the students attend;''
and inserting ``in active collaboration and alignment
with the schools the students attend, including the
sharing of relevant student data among the schools, all
participants in the eligible entity, and any partnering
entities described in subparagraph (H) in a manner
consistent with the applicable laws relating to privacy
and confidentiality;''; and
(D) in subparagraph (J), by striking ``has
experience, or promise of success, in providing'' and
inserting ``uses research or evidence-based practices
to provide'';
(2) in subsection (e)--
(A) by striking ``In reviewing'' and inserting the
following:
``(1) In general.--In reviewing'';
(B) by inserting ``rigorous'' before ``peer''; and
(C) by adding at the end the following:
``(2) Rigorous peer review process.--For purposes of this
subsection, the term `rigorous peer review process' means a
process by which--
``(A) a State educational agency selects peer
reviewers who are employees of such agency and who--
``(i) have experience with community
learning centers;
``(ii) have expertise in providing
effective academic, enrichment, youth
development, and related services to students;
and
``(iii) are not eligible entities, or
representatives of an eligible entity, that
have submitted an application under this
section for the grant period for which
applications are being reviewed; and
``(B) the peer reviewers described in subparagraph
(A) review and rate the applications to determine the
extent to which the applications meet the requirements
under subsection (b) of this section and 4205.'';
(3) in subsection (i)--
(A) in paragraph (1), by striking ``and'' at the
end of subparagraph (A), by striking the period at the
end of clause (ii) of subparagraph (B) and inserting
``; and'', and by adding at the end the following new
subparagraph:
``(C) demonstrating that the activities proposed in
the application--
``(i) are, as of the date of the submission
of the application, not otherwise accessible to
students who would be served by such
activities; or
``(ii) would expand accessibility to high-
quality services that may be available in the
community.''; and
(B) by adding at the end the following new
paragraph:
``(3) Limitation.--A State educational agency may not
impose a priority or preference for eligible entities that seek
to use funds made available under this part to extend the
regular school day.''; and
(4) by adding at the end the following new subsection:
``(j) Renewability of Awards.--A State educational agency may renew
a grant provided under this section to an eligible entity, based on the
eligible entity's performance during the first grant period.''.
SEC. 6. LOCAL ACTIVITIES.
Section 4205 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7175) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Authorized Activities.--Each eligible entity that receives an
award under section 4204 may use the award funds to carry out a broad
array of before and after school activities (including during summer
recess periods) that advance student academic achievement and support
student success, including--
``(1) academic enrichment learning programs, mentoring
programs, remedial education activities, and tutoring services;
``(2) core academic subject education activities, including
such activities that enable students to be eligible for credit
recovery or attainment;
``(3) art and music education activities;
``(4) services for individuals with disabilities including
enrichment programs that provide access to sports and fitness
for students with disabilities designed to improve wellness,
self-esteem, and independence;
``(5) activities and programs that support global education
and global competence, including those that foster learning
about other countries, cultures, languages, and global issues;
``(6) programs that provide after school activities for
limited English proficient students that emphasize language
skills and academic achievement;
``(7) programs that support a healthy, active lifestyle,
including nutritional education, recreation and regular,
structured physical activity programs;
``(8) telecommunications and technology education programs
to serve academic and community needs;
``(9) expanded library service hours to serve academic and
community needs;
``(10) parenting skills programs that promote parental
involvement and family literacy;
``(11) programs that provide assistance to students who
have been truant, suspended, or expelled to allow the students
to improve their academic achievement;
``(12) drug and violence prevention programs, counseling
programs, social and emotional learning programming and
character education programs;
``(13) literacy education programs; and
``(14) programs that build skills in science, technology,
engineering, and mathematics (referred to in this paragraph as
`STEM') and that foster innovation in learning by supporting
non-traditional STEM education teaching methods.''; and
(2) in subsection (b)--
(A) in the subsection heading, by striking
``Principles'' and inserting ``Measures'';
(B) in paragraph (1), by striking ``and'' at the
end of subparagraph (B), by striking the period at the
end of subparagraph (C) and inserting a semicolon, and
by inserting after subparagraph (C) the following new
subparagraphs:
``(D) ensure that measures of student success align
with the regular academic program of the school and the
academic needs of participating students, and include
performance indicators and performance measures
described in section 4203(a)(13)(A); and
``(E) collect the data necessary for the measures
of student success described in subparagraph (D).'';
and
(C) in paragraph (2)--
(i) in subparagraph (A), by inserting
before the period at the end ``and overall
student success''; and
(ii) in subparagraph (B), by striking
``and'' at the end of clause (i), by striking
the period at the end of clause (ii) and
inserting ``; and'', and by inserting after
clause (ii) the following new clause:
``(iii) used by the State to determine
whether a grant is eligible to be renewed under
section 4204(j).''.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
Section 4206 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7176) is amended to read as follows:
``SEC. 4206. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
such sums as may be necessary for fiscal year 2015 and each of the 5
succeeding fiscal years.''.
SEC. 8. TRANSITION.
The recipient of a multiyear grant award under part B of title IV
of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7171
et seq.), as such Act was in effect on the day before the date of
enactment of this Act, shall continue to receive funds in accordance
with the terms and conditions of such award. | Afterschool for America's Children Act - Amends the 21st Century Community Learning Centers program under part B of title IV of the Elementary and Secondary Education Act of 1965 (ESEA). (21st Century Community Learning Centers provide students with before school, after school, and summer learning programs to improve their academic performance.) Requires the Centers to provide students' families with opportunities for active and meaningful engagement in their children's education. Includes Indian tribes or organizations among the local public or private entities that are eligible for grants from states to establish the Centers. Allows states to use a portion of the part B funds allotted to them by the Secretary of Education to: (1) assist those Centers in aligning their before school, after school, and summer learning programs with the state's academic standards; and (2) ensure that those Centers partner with nonprofit organizations in the community that have had success in carrying out, or working with, those programs. Requires states to: (1) award grants only to local entities that propose to serve students who primarily attend schools that are eligible for schoolwide programs under part A of title I of the ESEA, and (2) give priority to applicants that propose to serve students that attend schools that have been identified as needing improvement. Requires states to use a rigorous peer review process in reviewing grant applications. Prohibits the Secretary or states from giving funding priority to applicants that propose to use the funds to extend the regular school day. Allows states to renew a grant under part B based on the grantee's performance during the original grant period. Includes among the activities grants may fund: (1) core academic subject education activities, including those that allow students to recover or attain credits; (2) services for the disabled; (3) activities and programs that support global education and competence; (4) programs that support a healthy, active lifestyle; (5) literacy education programs; and (6) programs that build science, technology, engineering, and mathematics (STEM) skills and support innovative STEM teaching methods. Requires students' academic performance and overall success to be taken into account in evaluating the performance of the Centers. Reauthorizes the 21st Century Community Learning Centers program through FY2020. | {"src": "billsum_train", "title": "Afterschool for America's Children Act"} | 3,446 | 473 | 0.557262 | 1.876955 | 0.787282 | 2.706977 | 7.818605 | 0.874419 |
SECTION 1. FINDINGS.
The Congress finds that--
(1) in virtually every sector of society--health, defense,
transportation, agriculture, etc.--research is used to guide
policy choices;
(2) in education, however, research has not been
effectively utilized as a tool for informing policy and guiding
reform, with less than 0.03 percent of the $647,800,000,000
spent on elementary and secondary education invested in
research of what educational techniques actually work and on
ways to improve teaching;
(3) the 1997 President's Committee of Advisors on Science
and Technology (PCAST) report entitled ``The Use of Technology
to Strengthen K-12 Education in the United States'' recommended
that our education research investment be increased to 0.5
percent and that educational hypotheses be subjected to
appropriately rigorous evaluation;
(4) a significant body of research and knowledge on the
science of learning currently exists; however, educational
materials and practices are rarely aligned to this knowledge,
and new education theories are often incorporated in classrooms
on the basis of only tenuously supported data;
(5) a cultural divide between education researchers and
education practitioners--such as teachers--currently exists;
(6) an expert panel convened by the National Research
Council recommended in 1999 that more education research be
focused on issues of importance to education practitioners and
be conducted by teams of both traditional researchers and
teachers and other education practitioners;
(7) the education research effort to date is typified by a
largely scattershot approach, with little coordination of the
research effort or focus on particularly compelling questions;
and
(8) a 1999 report from the National Research Council
entitled ``Improving Student Learning'' recommended the
adoption of a national, strategic education research program
that would focus efforts on a limited number of the most
critically important research questions.
SEC. 2. RESEARCH ON LEARNING.
(a) In General.--For the purpose of integrating scientific
disciplines in relation to research on learning, and gaining a better
understanding of how such research and educational practice can be
reconciled, the National Science Foundation shall continue to support
research on learning, focusing on the following 4 areas:
(1) Brain research as a foundation for research on human
learning.
(2) Behavioral, cognitive, affective, and social aspects of
human learning.
(3) Science, mathematics, engineering, and technological
learning in formal and informal educational settings.
(4) Learning in complex educational systems.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the National Science Foundation for carrying out this
section $29,000,000 for fiscal year 2002, $33,000,000 for fiscal year
2003, and $37,000,000 for fiscal year 2004.
SEC. 3. RESEARCH ON LEARNING CENTERS.
(a) Development of Research Priorities.--The Director of the
National Science Foundation (in this Act referred to as the
``Director''), in consultation with the National Academy of Sciences,
shall review past research on learning, assess current research
efforts, and not later than 120 days after the date of the enactment of
this Act develop a set of specific education research priorities to
provide the strategic focus of the Centers established under subsection
(b). The Director shall ensure that the development of such priorities
is informed by the most pressing needs of the education system.
(b) Establishment of Centers.--The Director shall make grants for
the establishment of not more than 5 Centers of Research on Learning.
The purpose of these Centers shall be to integrate the work of
multidisciplinary teams of researchers, education practitioners, and
policymakers to support the research priorities developed under
subsection (a), and to facilitate the incorporation of the results of
that research into educational practice. Grant awards under this
subsection shall be made through an open, peer-reviewed competition.
(c) Strategic Focus of Centers.--Each Center shall focus on
addressing one of the specific education research priorities developed
by the Director under subsection (a).
(d) Activities of Centers.--The Centers shall promote active
collaborations among physical, biological, and social science
researchers, education practitioners, and policymakers. The Centers
shall be responsible for--
(1) evaluating existing research and designing, conducting,
or coordinating research that addresses the Center's strategic
focus;
(2) stimulating research in relevant areas within the
larger research community and synthesizing the findings from
among this community;
(3) planning future research;
(4) facilitating the dissemination of research results to
education practitioners and the incorporation of those research
results into the education system; and
(5) assessing the impact of the incorporation of research
results described in paragraph (4) on student performance.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the National Science Foundation for carrying out this
section $3,000,000 for fiscal year 2002, $6,000,000 for fiscal year
2003, and $6,000,000 for fiscal year 2004.
SEC. 4. EDUCATION RESEARCH TEACHER FELLOWSHIPS.
(a) Establishment.--The Director shall establish a program to award
grants to institutions of higher education or scientific research
institutions (or consortia thereof) to provide fellowships to
elementary and secondary teachers for participation in research
programs at such institutions under the guidance of and in
collaboration with researchers at the institutions. Such programs shall
be aimed at giving fellowship recipients a better understanding of the
behavioral, cognitive, affective, and social aspects of human learning.
The purpose of fellowships under this section shall be to provide the
fellowship recipients with an opportunity to gain knowledge in research
on learning in order to better facilitate the transfer of the results
of that research into the elementary and secondary education systems.
(b) Program Components.--Grant recipients under this section--
(1) shall recruit and select teachers and provide such
teachers with opportunities to conduct research in the fields
of--
(A) brain research as a foundation for research on
human learning;
(B) behavioral, cognitive, affective, and social
aspects of human learning;
(C) science and mathematics learning in formal and
informal educational settings; or
(D) learning in complex educational systems;
(2) shall ensure that fellowship recipients have mentors
and other programming support to ensure that their research
experience will contribute to their understanding of the
science of learning;
(3) shall provide programming, guidance, and support to
ensure that fellowship recipients disseminate information about
the current state of education research and its implications on
classroom practice to other elementary and secondary educators;
(4) shall provide fellowship recipients with a scholarship
stipend; and
(5) may provide room and board for residential programs.
(c) Use of Funds.--Not more than 25 percent of the funds provided
under a grant under this section may be used for programming support
for fellowship recipients. The Director shall issue guidelines
specifying the minimum or maximum amounts of stipends grant recipients
may provide to teachers under this section.
(d) Duration.--A teacher may participate in research under the
program under this section for up to 1 calendar year or 2 sequential
summers.
(e) Application.--An institution of higher education or scientific
research institution (or a consortium thereof) seeking funding under
this section shall submit an application to the Director at such time,
in such manner, and containing such information as the Director may
require. The application shall include, at a minimum--
(1) a description of the research opportunities that will
be made available to elementary and secondary school teachers
by the applicant;
(2) a description of how the applicant will recruit
teachers to participate in the program, and the criteria that
will be used to select the participants;
(3) a description of the number, types, and amounts of the
scholarships that the applicant intends to offer to
participating teachers; and
(4) a description of the programming support that will be
provided to participating teachers to enhance their research
experience and to enable them to educate their peers about the
value, findings, and implications of education research.
(f) Review of Applications.--In evaluating the applications
submitted under subsection (e), the Director shall consider--
(1) the ability of the applicant to effectively carry out
the proposed program;
(2) the extent to which the applicant is committed to
making the program a central organizational focus; and
(3) the likelihood that the research experiences and
programming to be offered by the applicant will improve
elementary and secondary education.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to the National Science Foundation for carrying out this
section $5,000,000 for each of fiscal years 2002 through 2004.
SEC. 5. INTERAGENCY EDUCATION RESEARCH INITIATIVE.
There are authorized to be appropriated to the National Science
Foundation for participation in the Interagency Education Research
Initiative, $28,000,000 for fiscal year 2002, $31,000,000 for fiscal
year 2003, and $33,000,000 for fiscal year 2004. | Requires the National Science Foundation (NSF), for the purpose of integrating scientific disciplines in relation to research on learning and gaining a better understanding of how such research and educational practice can be reconciled, to continue to support such research, focusing on: (1) brain research as a foundation for research on learning; (2) behavioral, cognitive, affective, and social aspects of learning; (3) science, mathematics, engineering, and technological learning in educational settings; and (4) learning in complex educational systems.Requires the Director of the NSF to review past research on learning, assess current research efforts, and develop a set of specific education research priorities to provide the strategic focus of the Centers of Research on Learning established by this Act. Requires the Director to make grants for the establishment of not more than five such Centers to integrate the work of multidisciplinary teams of researchers, education practitioners, and policymakers to support the research priorities developed, and to facilitate the incorporation of research results into educational practice.Requires the Director to establish a program to award grants to institutions of higher education or scientific research institutions (or consortia thereof) to provide fellowships to elementary and secondary teachers: (1) for participation in research programs at such institutions aimed at giving fellowship recipients a better understanding of the behavioral, cognitive, affective, and social aspects of human learning; and (2) to facilitate the transfer of the results of learning research into the elementary and secondary education systems.Authorizes appropriations for NSF participation in the Interagency Education Research Initiative. | {"src": "billsum_train", "title": "To authorize the National Science Foundation to undertake certain activities in support of research on learning."} | 1,859 | 330 | 0.581212 | 1.898741 | 1.020821 | 6.59596 | 6.111111 | 0.96633 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State Child Well-Being Research Act
of 2009''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The well-being of children is a paramount concern for
our Nation and for every State, and most programs for children
and families are managed at the State or local level.
(2) Child well-being varies over time and across social,
economic, and geographic groups, and can be affected by changes
in the circumstances of families, by the economy, by the social
and cultural environment, and by public policies and programs
at the Federal, State, and local level.
(3) States, including small States, need information about
child well-being that is specific to their State and that is
up-to-date, cost-effective, and consistent across States and
over time.
(4) Regular collection of child well-being information at
the State level is essential so that Federal and State
officials can track child well-being over time.
(5) Information on child well-being is necessary for all
States, particularly small States that do not have State-level
data in other federally supported databases. Information is
needed on the well-being of all children, not just children
participating in Federal programs.
(6) Telephone surveys of parents represent a relatively
cost-effective strategy for obtaining information on child
well-being at the State level for all States, including small
States, and can be conducted alone or in mixed mode strategy
with other survey techniques.
(7) Data from telephone surveys of the population are
currently used to monitor progress toward many important
national goals, including immunization of preschool children
with the National Immunization Survey, and the identification
of health care issues of children with special needs with the
National Survey of Children with Special Health Care Needs.
(8) A State-level telephone survey, alone or in combination
with other techniques, can provide information on a range of
topics, including children's social and emotional development,
education, health, safety, family income, family employment,
and child care. Information addressing marriage and family
structure can also be obtained for families with children.
Information obtained from such a survey would not be available
solely for children or families participating in programs but
would be representative of the entire State population and
consequently, would inform welfare policymaking on a range of
important issues, such as income support, child care, child
abuse and neglect, child health, family formation, and
education.
SEC. 3. RESEARCH ON INDICATORS OF CHILD WELL-BEING.
Section 413 of the Social Security Act (42 U.S.C. 613) is amended
by adding at the end the following:
``(k) Indicators of Child Well-Being.--
``(1) Renaming of survey.--On and after the date of the
enactment of this subsection, the National Survey of Children's
Health conducted by the Director of the Maternal and Child
Health Bureau of the Health Resources and Services
Administration shall be known as the `Survey of Children's
Health and Well-Being'.
``(2) Modification of survey to include matters relating to
child well-being.--The Secretary shall modify the survey so
that it may be used to better assess child well-being, as
follows:
``(A) New indicators included.--The indicators with
respect to which the survey collects information shall
include measures of child-well-being related to the
following:
``(i) Education.
``(ii) Social and emotional development.
``(iii) Physical and mental health and
safety.
``(iv) Family well-being, such as family
structure, income, employment, child care
arrangements, and family relationships.
``(B) Collection requirements.--The data collected
with respect to the indicators developed under
subparagraph (A) shall be--
``(i) statistically representative at the
State and national level;
``(ii) consistent across States, except
that data shall be collected in States other
than the 50 States and the District of Columbia
only if technically feasible;
``(iii) collected on an annual or ongoing
basis;
``(iv) measured with reliability;
``(v) current;
``(vi) over-sampled (if feasible), with
respect to low-income children and families, so
that subgroup estimates can be produced by a
variety of income categories (such as for 50,
100, and 200 percent of the poverty level, and
for children of varied ages, such as 0-5, 6-11,
12-17, and (if feasible) 18-21 years of age);
and
``(vii) made publicly available.
``(C) Other requirements.--
``(i) Publication.--The data collected with
respect to the indicators developed under
subparagraph (A) shall be published as absolute
numbers and expressed in terms of rates or
percentages.
``(ii) Availability of data.--A data file
shall be made available to the public, subject
to confidentiality requirements, that includes
the indicators, demographic information, and
ratios of income to poverty.
``(iii) Sample sizes.--Sample sizes used
for the collected data shall be adequate for
microdata on the categories included in
subparagraph (B)(vi) to be made publicly
available, subject to confidentiality
requirements.
``(D) Consultation.--
``(i) In general.--In developing the
indicators under subparagraph (A) and the means
to collect the data required with respect to
the indicators, the Secretary shall consult and
collaborate with a subcommittee of the Federal
Interagency Forum on Child and Family
Statistics, which shall include representatives
with expertise on all the domains of child
well-being described in subparagraph (A). The
subcommittee shall have appropriate staff
assigned to work with the Maternal and Child
Health Bureau during the design phase of the
survey.
``(ii) Duties.--The Secretary shall consult
with the subcommittee referred to in clause (i)
with respect to the design, content, and
methodology for the development of the
indicators under subparagraph (A) and the
collection of data regarding the indicators,
and the availability or lack thereof of similar
data through other Federal data collection
efforts.
``(iii) Costs.--Costs incurred by the
subcommittee with respect to the development of
the indicators and the collection of data
related to the indicators shall be treated as
costs of the survey.
``(3) Advisory panel.--
``(A) Establishment.--The Secretary, in
consultation with the Federal Interagency Forum on
Child and Family Statistics, shall establish an
advisory panel of experts to make recommendations
regarding--
``(i) the additional matters to be
addressed by the survey by reason of this
subsection; and
``(ii) the methods, dissemination
strategies, and statistical tools necessary to
conduct the survey as a whole.
``(B) Membership.--
``(i) In general.--The advisory panel
established under subparagraph (A) of this
paragraph shall include experts on each of the
domains of child well-being described in
paragraph (2)(A), experts on child indicators,
experts from State agencies and from nonprofit
organizations that use child indicator data at
the State level, and experts on survey
methodology.
``(ii) Deadline.--The members of the
advisory panel shall be appointed not later
than 2 months after the date of the enactment
of this subsection.
``(C) Meetings.--The advisory panel established
under subparagraph (A) shall meet--
``(i) at least 3 times during the first
year after the date of enactment of this
subsection; and
``(ii) annually thereafter for the 4
succeeding years.
``(4) Authorization of appropriations.--There are
authorized to be appropriated for each of fiscal years 2010
through 2014, $20,000,000 for the purpose of carrying out this
subsection.''.
SEC. 4. GAO REPORT ON COLLECTION AND REPORTING OF DATA ON DEATHS OF
CHILDREN IN FOSTER CARE.
(a) In General.--Within 1 year after the date of the enactment of
this Act, the Comptroller General of the United States shall conduct a
study to determine, and submit to the Congress a written report on the
adequacy of, the methods of collecting and reporting data on deaths of
children in the child welfare system.
(b) Matters To Be Considered.--In the study, the Comptroller
General shall, for each year for which data are available, determine--
(1) the number of children eligible for services or
benefits under part B or E of title IV of the Social Security
Act who States reported as having died due to abuse or neglect;
(2) the number of children so eligible who died due to
abuse or neglect but were not accounted for in State reports;
and
(3) the number of children in State child welfare systems
who died due to abuse or neglect and whose deaths are not
included in the data described in paragraph (1) or (2).
(c) Recommendations.--In the report, the Comptroller General shall
include recommendations on how surveys of children by the Federal
Government and by State governments can be improved to better capture
all data on the death of children in the child welfare system, so that
the Congress can work with the States to develop better policies to
improve the well-being of children and reduce child deaths. | State Child Well-Being Research Act of 2009 - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to rename the National Survey of Children's Health conducted by the Director of the Maternal and Child Health Bureau of the Health Resources and Services Administration as the Survey of Children's Health and Well-Being.
Directs the Secretary of Health and Human Services to: (1) modify the survey so that it may be used to better assess child well-being; and (2) establish an advisory panel to make recommendations regarding the additional matters to be addressed by the survey as well as the methods, dissemination strategies, and statistical tools necessary to conduct it as a whole.
Directs the Comptroller General to study and report to Congress on the adequacy of the methods of collecting and reporting data on deaths of children in the child welfare system. | {"src": "billsum_train", "title": "A bill to amend part A of title IV of the Social Security Act to require the Secretary of Health and Human Services to conduct research on indicators of child well-being."} | 2,064 | 195 | 0.510333 | 1.599795 | 0.549776 | 4.913793 | 11.448276 | 0.948276 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security and Medicare
Protection Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) fiscal pressures will mount as an aging population
increases the Government's obligations to provide retirement
income and health services;
(2) Social Security and Medicare surpluses should be
reserved for strengthening and preserving the Social Security
trust funds; and
(3) preserving Social Security and Medicare surpluses would
restore confidence in the long-term financial integrity of
Social Security and Medicare.
(b) Purpose.--It is the purpose of this Act to prevent the Social
Security and Medicare hospital insurance trust funds from being used
for any purpose other than providing retirement and health security.
SEC. 3. PROTECTION OF SOCIAL SECURITY AND MEDICARE SURPLUSES.
(a) Protection of Social Security and Medicare Surpluses.--Title
III of the Congressional Budget Act of 1974 is amended by adding at the
end the following new section:
``protection for social security and hospital insurance surpluses
``Sec. 316. (a) Protection for Social Security and Hospital
Insurance Surpluses.--
``(1) Concurrent resolutions on the budget.--
``(A) In general.--It shall not be in order in the
House of Representatives or the Senate to consider any
concurrent resolution on the budget, or an amendment
thereto or conference report thereon, that would set
forth a surplus for any fiscal year that is less than
the surplus of the Federal Hospital Insurance Trust
Fund for that fiscal year.
``(B) Exception.--(i) Subparagraph (A) shall not
apply to the extent that a violation of such
subparagraph would result from an assumption in the
resolution, amendment, or conference report, as
applicable, of an increase in outlays or a decrease in
revenue relative to the baseline underlying that
resolution for social security reform legislation or
medicare reform legislation for any such fiscal year.
``(ii) If a concurrent resolution on the budget, or
an amendment thereto or conference report thereon,
would be in violation of subparagraph (A) because of an
assumption of an increase in outlays or a decrease in
revenue relative to the baseline underlying that
resolution for social security reform legislation or
medicare reform legislation for any such fiscal year,
then that resolution shall include a statement
identifying any such increase in outlays or decrease in
revenue.
``(2) Spending and tax legislation.--
``(A) In general.--It shall not be in order in the
House of Representatives or the Senate to consider any
bill, joint resolution, amendment, motion, or
conference report if--
``(i) the enactment of that bill or
resolution, as reported;
``(ii) the adoption and enactment of that
amendment; or
``(iii) the enactment of that bill or
resolution in the form recommended in that
conference report,
would cause the surplus for any fiscal year covered by
the most recently agreed to concurrent resolution on
the budget to be less than the surplus of the Federal
Hospital Insurance Trust Fund for that fiscal year.
``(B) Exception.--Subparagraph (A) shall not apply
to social security reform legislation or medicare
reform legislation.
``(b) Enforcement.--
``(1) Budgetary levels with respect to concurrent
resolutions on the budget.--For purposes of enforcing any point
of order under subsection (a)(1), the surplus for any fiscal
year shall be--
``(A) the levels set forth in the later of the
concurrent resolution on the budget, as reported, or in
the conference report on the concurrent resolution on
the budget; and
``(B) adjusted to the maximum extent allowable
under all procedures that allow budgetary aggregates to
be adjusted for legislation that would cause a decrease
in the surplus for any fiscal year covered by the
concurrent resolution on the budget (other than
procedures described in paragraph (2)(A)(ii)).
``(2) Current levels with respect to spending and tax
legislation.--
``(A) In general.--For purposes of enforcing
subsection (a)(2), the current levels of the surplus
for any fiscal year shall be--
``(i) calculated using the following
assumptions--
``(I) direct spending and revenue
levels at the baseline levels
underlying the most recently agreed to
concurrent resolution on the budget;
and
``(II) for the budget year,
discretionary spending levels at
current law levels and, for outyears,
discretionary spending levels at the
baseline levels underlying the most
recently agreed to concurrent
resolution on the budget; and
``(ii) adjusted for changes in the surplus
levels set forth in the most recently agreed to
concurrent resolution on the budget pursuant to
procedures in such resolution that authorize
adjustments in budgetary aggregates for updated
economic and technical assumptions in the mid-
session report of the Director of the
Congressional Budget Office.
Such revisions shall be included in the first current
level report on the congressional budget submitted for
publication in the Congressional Record after the
release of such mid-session report.
``(B) Budgetary treatment.--Outlays (or receipts)
for any fiscal year resulting from social security or
medicare reform legislation in excess of the amount of
outlays (or less than the amount of receipts) for that
fiscal year set forth in the most recently agreed to
concurrent resolution on the budget or the section
302(a) allocation for such legislation, as applicable,
shall not be taken into account for purposes of
enforcing any point of order under subsection (a)(2).
``(3) Disclosure of hi surplus.--For purposes of enforcing
any point of order under subsection (a), the surplus of the
Federal Hospital Insurance Trust Fund for a fiscal year shall
be the levels set forth in the later of the report accompanying
the concurrent resolution on the budget (or, in the absence of
such a report, placed in the Congressional Record prior to the
consideration of such resolution) or in the joint explanatory
statement of managers accompanying such resolution.
``(c) Additional Content of Reports Accompanying Budget Resolutions
and of Joint Explanatory Statements.--The report accompanying any
concurrent resolution on the budget and the joint explanatory statement
accompanying the conference report on each such resolution shall
include the levels of the surplus in the budget for each fiscal year
set forth in such resolution and of the surplus or deficit in the
Federal Hospital Insurance Trust Fund, calculated using the assumptions
set forth in subsection (b)(2)(A).
``(d) Definitions.--As used in this section:
``(1) The term `medicare reform legislation' means a bill
or a joint resolution to save Medicare that includes a
provision stating the following: `For purposes of section
316(a) of the Congressional Budget Act of 1974, this Act
constitutes medicare reform legislation.'.
``(2) The term `social security reform legislation' means a
bill or a joint resolution to save social security that
includes a provision stating the following: `For purposes of
section 316(a) of the Congressional Budget Act of 1974, this
Act constitutes social security reform legislation.'.
``(e) Waiver and Appeal.--Subsection (a) may be waived or suspended
in the Senate only by an affirmative vote of three-fifths of the
Members, duly chosen and sworn. An affirmative vote of three-fifths of
the Members of the Senate, duly chosen and sworn, shall be required in
the Senate to sustain an appeal of the ruling of the Chair on a point
of order raised under this section.
``(f) Effective Date.--This section shall cease to have any force
or effect upon the enactment of social security reform legislation and
medicare reform legislation.''.
(b) Conforming Amendment.--The item relating to section 316 in the
table of contents set forth in section 1(b) of the Congressional Budget
and Impoundment Control Act of 1974 is amended to read as follows:
``Sec. 316. Protection for Social Security and hospital insurance
surpluses.''.
SEC. 4. PRESIDENT'S BUDGET.
(a) Protection of Social Security and Medicare Surpluses.--If the
budget of the Government submitted by the President under section
1105(a) of title 31, United States Code, recommends a surplus for any
fiscal year that is less than the surplus of the Federal Hospital
Insurance Trust Fund for that fiscal year, then it shall include a
detailed proposal for social security reform legislation or medicare
reform legislation.
(b) Effective Date.--Subsection (a) shall cease to have any force
or effect upon the enactment of social security reform legislation and
medicare reform legislation as defined by section 316(d) of the
Congressional Budget Act of 1974. | Social Security and Medicare Protection Act - Amends the Congressional Budget Act of 1974 to make it out of order in the House of Representatives or the Senate to consider any concurrent resolution on the budget (or related measure) that would set forth a surplus for any fiscal year less than the surplus of the Federal Hospital Insurance Trust Fund for that fiscal year.
Creates an exception to such point of order if a violation of it would result from an assumption in the measure of an increase in outlays or a decrease in revenue relative to the baseline underlying the measure for Social Security or Medicare reform legislation for any such year.
Makes it out of order in the House of Representatives or the Senate to consider any (spending or tax) measure if its enactment would cause the surplus for any fiscal year covered by the most recently agreed to budget resolution to be less than the surplus of the Federal Hospital Insurance Trust Fund for that fiscal year. Creates an exception to such point of order similar to the other one.
Declares that, if the President's budget recommends an on-budget surplus for any fiscal year less than the surplus of the Federal Hospital Insurance Trust Fund for that fiscal year, then it shall include a detailed proposal for Social Security or Medicare reform legislation. | {"src": "billsum_train", "title": "To establish a procedure to safeguard the surpluses of the Social Security and Medicare hospital insurance trust funds."} | 1,968 | 268 | 0.694451 | 1.916216 | 0.931 | 5.436214 | 7.399177 | 0.925926 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wounded Warrior Service Dog Act of
2013''.
SEC. 2. WOUNDED WARRIOR K-9 CORPS.
(a) Grants Authorized.--Subject to the availability of
appropriations provided for such purpose, the Secretary of Defense and
the Secretary of Veterans Affairs shall jointly establish a program, to
be known as the ``K-9 Companion Corps Program'', to award competitive
grants to nonprofit organizations to assist such organizations in the
planning, designing, establishing, or operating (or any combination
thereof) of programs to provide assistance dogs to covered members and
veterans.
(b) Use of Funds.--
(1) In general.--The recipient of a grant under this
section shall use the grant to carry out programs that provide
assistance dogs to covered members and veterans who have a
disability described in paragraph (2).
(2) Disability.--A disability described in this paragraph
is any of the following:
(A) Blindness or visual impairment.
(B) Loss of use of a limb, paralysis, or other
significant mobility issues.
(C) Loss of hearing.
(D) Traumatic brain injury.
(E) Post-traumatic stress disorder.
(F) Any other disability that the Secretary of
Defense and the Secretary of Veterans Affairs consider
appropriate.
(3) Timing of award.--The Secretaries may not award a grant
under this section to reimburse a recipient for costs
previously incurred by the recipient in carrying out a program
to provide assistance dogs to covered members and veterans
unless the recipient elects for the award to be such a
reimbursement.
(c) Eligibility.--To be eligible to receive a grant under this
section, a nonprofit organization shall submit an application to the
Secretary of Defense and the Secretary of Veterans Affairs at such
time, in such manner, and containing such information as the Secretary
of Defense and the Secretary of Veterans Affairs may require. Such
application shall include--
(1) a proposal for the evaluation required by subsection
(d); and
(2) a description of--
(A) the training that will be provided by the
organization to covered members and veterans;
(B) the training of dogs that will serve as
assistance dogs;
(C) the aftercare services that the organization
will provide for such dogs and covered members and
veterans;
(D) the plan for publicizing the availability of
such dogs through a targeted marketing campaign to
covered members and veterans;
(E) the recognized expertise of the organization in
breeding and training such dogs;
(F) the commitment of the organization to
comparable standards as that of the International Guide
Dog Federation or Assistance Dogs International;
(G) the commitment of the organization to humane
standards for animals; and
(H) the experience of the organization with working
with military medical treatment facilities or medical
facilities of the Department of Veterans Affairs.
(d) Evaluation.--The Secretary shall require each recipient of a
grant to use a portion of the funds made available through the grant to
conduct an evaluation of the effectiveness of the activities carried
out through the grant by such recipient.
(e) Definitions.--In this Act:
(1) Assistance dog.--The term ``assistance dog'' means a
dog specifically trained to perform physical tasks to mitigate
the effects of a disability described in subsection (b)(2),
except that the term does not include a dog specifically
trained for comfort or personal defense.
(2) Covered members and veterans.--The term ``covered
members and veterans'' means--
(A) with respect to a member of the Armed Forces,
such member who is--
(i) receiving medical treatment,
recuperation, or therapy under chapter 55 of
title 10, United States Code;
(ii) in medical hold or medical holdover
status; or
(iii) covered under section 1202 or 1205 of
title 10, United States Code; and
(B) with respect to a veteran, a veteran who is
enrolled in the health care system established under
section 1705(a) of title 38, United States Code.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this Act $5,000,000 for each of fiscal years
2014 through 2018. | Wounded Warrior Service Dog Act of 2013 - Directs the Secretaries of Defense (DOD) and Veterans Affairs (VA) to jointly establish the K-9 Companion Corps program for the awarding of grants to assist nonprofit organizations in establishing, planning, designing, and/or operating programs to provide assistance dogs to certain members of the Armed Forces and veterans who have certain disabilities. Defines "assistance dog" to mean a dog specifically trained to perform physical tasks to mitigate the effects of such a disability, except that such term does not include a dog specifically trained for comfort or personal defense. | {"src": "billsum_train", "title": "Wounded Warrior Service Dog Act of 2013"} | 909 | 136 | 0.635096 | 1.76499 | 0.614118 | 3.324074 | 8.074074 | 0.87963 |
S.
(a) Report on Implementation of United Nations Security Council
Resolutions.--Not later than 90 days after the date of the enactment of
this Act, the President shall submit to Congress a report--
(1) assessing the status of the implementation of United
Nations Security Council Resolution 1695 (2006), United Nations
Security Council Resolution 1718 (2006), and United Nations
Security Council Resolution 1874 (2009); and
(2) containing a detailed list of actions taken by the
United States to implement those resolutions and to encourage
other countries to take actions to implement the resolutions.
(b) Report on Implementation of United Nations Security Council
Resolutions by the People's Republic of China.--Not later than 90 days
after the date of the enactment of this Act, the Director of National
Intelligence shall submit to Congress a report--
(1) assessing the compliance of the Government of the
People's Republic of China with the requirements imposed under
United Nations Security Council Resolution 1695 (2006), United
Nations Security Council Resolution 1718 (2006), and United
Nations Security Council Resolution 1874 (2009); and
(2) describing any assistance provided by the Government of
the People's Republic of China to any entity in North Korea and
the amount of any such assistance.
SEC. 10. REPORT ON REFUGEES FROM NORTH KOREA ADMITTED TO THE UNITED
STATES.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, and every 30 days thereafter for 5 years, the
Secretary of State shall submit to Congress a report on the number of
aliens who are citizens or nationals of North Korea that were admitted
to the United States as refugees under section 207 of the Immigration
and Nationality Act (8 U.S.C. 1157) during the preceding 30 days.
(b) Enforcement of Reporting Requirement.--For each month in which
the Secretary of State does not submit the report required by
subsection (a) to Congress before the 15th day after that report is
due, $250,000 of amounts previously appropriated to the Bureau of
Population, Refugees, and Migration of the Department of State and
available for obligation shall be rescinded.
SEC. 11. SENSE OF CONGRESS AND GAO REPORT ON IMPLEMENTATION OF NORTH
KOREAN HUMAN RIGHTS ACT.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States has not adequately implemented the
North Korean Human Rights Act of 2004 (22 U.S.C. 7801 et seq.),
as amended by the North Korean Human Rights Reauthorization Act
of 2008 (Public Law 110-346; 122 Stat. 3939); and
(2) the President should expand efforts to promote a
transition to democracy in North Korea.
(b) GAO Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to Congress a report on the
implementation by the Secretary of State of the North Korean
Human Rights Act of 2004 (22 U.S.C. 7801 et seq.), as amended
by the North Korean Human Rights Reauthorization Act of 2008
(Public Law 110-346; 122 Stat. 3939).
(2) Contents.--The report required under paragraph (1)
shall include the following, with respect to each of the fiscal
years 2005 through 2009:
(A) A description of the extent to which the
Secretary of State has implemented section 203 of the
North Korean Human Rights Act of 2004 (22 U.S.C. 7833)
(relating to assistance provided outside of North
Korea), including--
(i) an assessment of the effectiveness of
the implementation of that section with respect
to the purposes described in section 4 of that
Act (22 U.S.C. 7802); and
(ii) if the Secretary has not requested
funds to provide assistance under such section
203, an assessment of any other funds used by
the Secretary to provide such assistance.
(B) An evaluation of the effectiveness of the
implementation of title III of that Act (22 U.S.C. 7841
et seq.) (relating to protecting North Korean refugees)
that--
(i) considers the scope of the problem
posed by refugees from North Korea, with
particular consideration of--
(I) the policies expressed in
section 304 of that Act (22 U.S.C.
7844); and
(II) the information contained in
reports submitted under section 305 of
that Act (22 U.S.C. 7845); and
(ii) includes an assessment of the extent
to which the Secretary has facilitated,
pursuant to section 303 of that Act (22 U.S.C.
7843), the submission of applications by
citizens or nationals of North Korea for
admission to the United States as refugees
under section 207 of the Immigration and
Nationality Act (8 U.S.C. 1157).
SEC. 12. STATEMENT OF POLICY ON HUMAN RIGHTS IN NORTH KOREA.
Section 101 of the North Korean Human Rights Act of 2004 (22 U.S.C.
7811) is amended--
(1) in the section heading, by striking ``sense of
congress'' and inserting ``statement of policy''; and
(2) by striking ``It is the sense of Congress'' and
inserting ``It is the policy of the United States''.
SEC. 13. SENSE OF CONGRESS ON THE ROLE OF THE SPECIAL ENVOY FOR NORTH
KOREAN HUMAN RIGHTS IN NEGOTIATIONS WITH NORTH KOREA.
It is the sense of Congress that the Special Envoy for Human Rights
in North Korea should be present at all negotiating sessions between
the United States Government and the Government of North Korea.
SEC. 14. AUTHORIZATION OF APPROPRIATIONS FOR DEPLOYMENT OF GROUND-BASED
MISSILE INTERCEPTORS.
There are authorized to be appropriated $160,000,000 for fiscal
year 2010 for the Department of Defense to complete the deployment of
44 ground-based missile interceptors at Fort Greely, Alaska. Such
amount is in addition to any other amounts authorized to be
appropriated for fiscal year 2010 for the Department of Defense for
such purpose.
SEC. 15. AUTHORIZATION OF APPROPRIATIONS FOR DEVELOPMENT OF VARIANT OF
F-22 ADVANCED TACTICAL FIGHTER FOR SALE TO THE GOVERNMENT
OF JAPAN.
(a) In General.--There are authorized to be appropriated for fiscal
year 2010 to the Secretary of Defense for the Air Force for aircraft
such sums as may be necessary to develop a variant of the F-22 advanced
tactical fighter appropriate for sale to the Government of Japan.
(b) Repeal of Prohibition on Funding for the Sale of F-22
Fighters.--Section 8059 of the Consolidated Security, Disaster
Assistance, and Continuing Appropriations Act, 2009 (Public Law 110-
329; 122 Stat. 3634) is repealed.
SEC. 16. AUTHORIZATION OF APPROPRIATIONS FOR RADIO BROADCASTING TO
NORTH KOREA.
(a) Authorization of Appropriations for Radio Free Asia.--There are
authorized to be appropriated $50,000,000 to the Broadcasting Board of
Governors for Radio Free Asia for each of the fiscal years 2010 through
2014--
(1) to expand radio broadcasting to North Korea and to
expand the content of such broadcasting; and
(2) to operate an airborne radio transmission platform in
international airspace near North Korea.
(b) Authorization of Appropriations for National Endowment for
Democracy.--There are authorized to be appropriated $25,000,000 to the
National Endowment for Democracy for each of the fiscal years 2010
through 2014 to support the development of nongovernmental civilian
broadcasts and information to be broadcast to North Korea.
SEC. 17. REALLOCATION OF APPROPRIATIONS WITHIN THE DEPARTMENT OF STATE.
Not later than 30 days after the date of the enactment of this Act,
the Secretary of State shall reallocate $10,000,000 appropriated for
the Bureau of East Asian and Pacific Affairs to the Bureau of
Democracy, Human Rights, and Labor, to be expended on programs and
activities designed to advance human rights for the people of North
Korea. | North Korea Accountability Act of 2009 - Directs the Secretary of State to designate North Korea, for specified purposes of the Export Administration Act of 1979, the Arms Export Control Act, and the Foreign Assistance Act of 1961, as a country that has repeatedly provided support for acts of international terrorism.
Authorizes the President to waive such requirement upon a certification to Congress that North Korea has taken certain actions regarding: (1) nuclear program and proliferation disclosures; (2) the illegal transfer of missile or nuclear technology; (3) support of international terrorist groups; and (4) prisoner release.
Directs the Secretary of the Treasury to prohibit, with waiver authority, a financial institution from engaging in financial transactions with a foreign bank that is engaged in a financial transaction with the government or a governmental agent of North Korea or a senior government or military official of North Korea.
Directs the President to strengthen military cooperation with Japan and South Korea.
Sets forth reporting requirements regarding: (1) implementation of the North Korean Human Rights Act of 2004; (2) financial transaction with North Korea or trade in precious metals produced in North Korea; (3) the North Korean nuclear weapons program; (4) counterproliferation efforts; (5) implementation of specified U.N. Security Council Resolutions; and (6) North Korean refugees admitted into the United States.
Authorizes appropriations for: (1) completion of ground-based missile interceptor deployment at Fort Greely, Alaska; (2) development of a variant of the F-22 fighter aircraft for sale to Japan; and (3) expansion of radio broadcasting to North Korea. Directs the Secretary of State to reallocate specified funds for programs to advance human rights for the people of North Korea. | {"src": "billsum_train", "title": "A bill require the redesignation of North Korea as a state sponsor of terrorism, to impose sanctions with respect to North Korea, to require reports on the status of North Korea's nuclear weapons program and counterproliferation efforts, and for other purposes."} | 1,858 | 351 | 0.514953 | 1.488655 | 0.683587 | 1.937313 | 4.725373 | 0.743284 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Concussion Treatment and Care Tools
Act of 2015'' or the ``ConTACT Act of 2015''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Concussions are mild traumatic brain injuries, the
long-term effects of which are not well understood.
(2) According to the Centers for Disease Control and
Prevention (CDC), each year United States emergency departments
treat an estimated 173,285 sports- and recreation-related mild
traumatic brain injuries (MTBIs), including concussions, among
children and adolescents, from birth to 19 years of age.
However, this number does not capture the total number, as many
MTBIs go undiagnosed.
(3) There is an increased risk for subsequent brain
injuries among persons who have had at least one previous brain
injury.
(4) A repeat concussion, one that occurs before the brain
recovers from a previous concussion, can slow recovery or
increase the likelihood of having long-term problems.
(5) In rare cases, repeat concussions can result in second
impact syndrome, which can be marked by brain swelling,
permanent brain damage, and death.
(6) Recurrent brain injuries and second impact syndrome are
highly preventable.
(7) Many States have adopted concussion management rules
and regulations, but many schools lack the resources to
implement best practices in concussion diagnosis and
management.
SEC. 3. GUIDELINES ON BEST PRACTICES FOR DIAGNOSIS, TREATMENT, AND
MANAGEMENT OF MILD TRAUMATIC BRAIN INJURIES IN SCHOOL-
AGED CHILDREN.
Part B of title III of the Public Health Service Act (42 U.S.C. 243
et seq.) is amended by inserting after section 317T the following:
``SEC. 317U. GUIDELINES ON BEST PRACTICES FOR DIAGNOSIS, TREATMENT, AND
MANAGEMENT OF MILD TRAUMATIC BRAIN INJURIES IN SCHOOL-
AGED CHILDREN.
``(a) Guidelines.--
``(1) By secretary.--Not later than 90 days after issuance
of the final report under paragraph (2), the Secretary shall
establish guidelines for States on the implementation of best
practices for diagnosis, treatment, and management of MTBIs in
school-aged children.
``(2) By panel.--Not later than July 31, 2015, the
Pediatric MTBI Guideline Expert Panel of the Centers for
Disease Control and Prevention shall issue a final report on
best practices for diagnosis, treatment, and management of
MTBIs in school-aged children.
``(3) Student athletes returning to play.--The guidelines
under paragraph (1) and the report under paragraph (2) shall
address best practices for diagnosis, treatment, and management
of MTBIs in student athletes returning to play after an MTBI.
``(b) Grants to States.--
``(1) In general.--After establishing the guidelines under
subsection (a)(1), the Secretary may make grants to States for
purposes of--
``(A) adopting such guidelines, and disseminating
such guidelines to elementary and secondary schools;
and
``(B) ensuring that elementary and secondary
schools--
``(i) implement such guidelines;
``(ii) are adequately staffed with athletic
trainers and other medical professionals
necessary to implement such guidelines; and
``(iii) implement computerized pre-season
baseline and post-injury neuropsychological
testing for student athletes.
``(2) Grant applications.--
``(A) In general.--To be eligible to receive a
grant under this section, a State shall submit an
application to the Secretary at such time, in such
manner, and containing such information as the
Secretary may require.
``(B) Minimum contents.--The Secretary shall
require that an application of a State under
subparagraph (A) contain at a minimum--
``(i) a description of the strategies the
State will use to disseminate the guidelines
under subsection (a)(1) to elementary and
secondary schools, and to ensure implementation
of such guidelines by such schools, including
any strategic partnerships that the State will
form; and
``(ii) an agreement by the State to
periodically provide data with respect to the
incidence of MTBIs and second impact syndrome
among student athletes in the State.
``(3) Utilization of high school sports associations and
local chapters of national brain injury organizations.--The
Secretary shall require States receiving grants under this
section to utilize, to the extent practicable, applicable
expertise and services offered by high school sports
associations and local chapters of national brain injury
organizations in such States.
``(c) Coordination of Activities.--In carrying out this section,
the Secretary shall coordinate in an appropriate manner with the heads
of other Federal departments and agencies that carry out activities
related to MTBIs.
``(d) Report to Congress.--Not later than 4 years after the date of
the enactment of this section, the Secretary shall submit to Congress a
report on the implementation of subsection (b) and shall include in
such report--
``(1) the number of States that have adopted the guidelines
under subsection (a)(1);
``(2) the number of elementary and secondary schools that
have implemented computerized pre-season baseline and post-
injury neuro-psychological testing for student athletes; and
``(3) the data collected with respect to the incidence of
MTBIs and second impact syndrome among student athletes.
``(e) Definitions.--In this section, the following definitions
apply:
``(1) The term `MTBI' means a mild traumatic brain injury.
``(2) The term `school-aged child' means an individual in
the range of 5 through 18 years of age.
``(3) The term `second impact syndrome' means catastrophic
or fatal events that occur when an individual suffers an MTBI
while symptomatic and healing from a previous MTBI.
``(4) The term `Secretary' means the Secretary of Health
and Human Services, acting through the Director of the Centers
for Disease Control and Prevention.
``(5) The term `State' means each of the 50 States and the
District of Columbia.
``(6) The term `student athlete' means a school-aged child
in any of the grades 6th through 12th who participates in a
sport through such child's elementary or secondary school.
``(f) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated $5,000,000 for fiscal year 2016
and such sums as may be necessary for each of fiscal years 2017 through
2020.''. | Concussion Treatment and Care Tools Act of 2015 or the ConTACT Act of 2015 Amends the Public Health Service Act to direct the Department of Health and Human Services (HHS) to establish guidelines for states on the implementation of best practices for diagnosis, treatment, and management of mild traumatic brain injuries (MTBIs) in school-aged children, including best practices relating to student athletes returning to play after an MTBI. Requires the Pediatric MTBI Guideline Expert Panel of the Centers for Disease Control and Prevention to issue a final report on best practices by July 31, 2015. Authorizes HHS to make grants to states to: (1) adopt, disseminate, and ensure schools implement the guidelines; and (2) ensure elementary and secondary schools implement computerized preseason baseline and post-injury neuropsychological testing for student athletes. Directs HHS to require states receiving grants to utilize, to the extent practicable, applicable expertise and services offered by local chapters of national brain injury organizations. | {"src": "billsum_train", "title": "ConTACT Act of 2015"} | 1,482 | 215 | 0.638347 | 1.846689 | 0.801363 | 4.637363 | 7.43956 | 0.934066 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Markets Act of 2015''.
SEC. 2. ENHANCED INFORMATION ON CRITICAL ENERGY SUPPLIES.
(a) In General.--Section 205 of the Department of Energy
Organization Act (42 U.S.C. 7135) is amended by adding at the end the
following:
``(n) Collection of Information on Critical Energy Supplies.--
``(1) In general.--To ensure transparency of information
relating to energy infrastructure and product ownership in the
United States and improve the ability to evaluate the energy
security of the United States, the Administrator, in
consultation with other Federal agencies (as necessary),
shall--
``(A) not later than 120 days after the date of
enactment of this subsection, develop and provide
notice of a plan to collect, in cooperation with the
Commodity Futures Trade Commission, information
identifying all oil inventories, and other physical oil
assets (including all petroleum-based products and the
storage of such products in off-shore tankers), that
are owned by the 50 largest traders of oil contracts
(including derivative contracts), as determined by the
Commodity Futures Trade Commission; and
``(B) not later than 90 days after the date on
which notice is provided under subparagraph (A),
implement the plan described in that subparagraph.
``(2) Information.--The plan required under paragraph (1)
shall include a description of the plan of the Administrator
for collecting company-specific data, including--
``(A) volumes of product under ownership; and
``(B) storage and transportation capacity
(including owned and leased capacity).
``(3) Protection of proprietary information.--Section 12(f)
of the Federal Energy Administration Act of 1974 (15 U.S.C.
771(f)) shall apply to information collected under this
subsection.
``(o) Collection of Information on Storage Capacity for Oil and
Natural Gas.--
``(1) In general.--Not later than 90 days after the date of
enactment of this subsection, the Administrator of the Energy
Information Administration shall collect information
quantifying the commercial storage capacity for oil and natural
gas in the United States.
``(2) Updates.--The Administrator shall update annually the
information required under paragraph (1).
``(3) Protection of proprietary information.--Section 12(f)
of the Federal Energy Administration Act of 1974 (15 U.S.C.
771(f)) shall apply to information collected under this
subsection.
``(p) Financial Market Analysis Office.--
``(1) Establishment.--There shall be within the Energy
Information Administration a Financial Market Analysis Office,
headed by a director, who shall report directly to the
Administrator of the Energy Information Administration.
``(2) Duties.--The Office shall--
``(A) be responsible for analysis of the financial
aspects of energy markets;
``(B) review the reports required by section 4(c)
of the Energy Markets Act of 2015 in advance of the
submission of the reports to Congress; and
``(C) not later than 1 year after the date of
enactment of this subsection--
``(i) make recommendations to the
Administrator of the Energy Information
Administration that identify and quantify any
additional resources that are required to
improve the ability of the Energy Information
Administration to more fully integrate
financial market information into the analyses
and forecasts of the Energy Information
Administration, including the role of energy
futures contracts, energy commodity swaps, and
derivatives in price formation for oil;
``(ii) conduct a review of implications of
policy changes (including changes in export or
import policies) and changes in how crude oil
and refined petroleum products are transported
with respect to price formation of crude oil
and refined petroleum products; and
``(iii) notify the Committee on Energy and
Natural Resources, and the Committee on
Appropriations, of the Senate and the Committee
on Energy and Commerce, and the Committee on
Appropriations, of the House of Representatives
of the recommendations described in clause (i).
``(3) Analyses.--The Administrator of the Energy
Information Administration shall take analyses by the Office
into account in conducting analyses and forecasting of energy
prices.''.
(b) Conforming Amendment.--Section 645 of the Department of Energy
Organization Act (42 U.S.C. 7255) is amended by inserting ``(15 U.S.C.
3301 et seq.) and the Natural Gas Act (15 U.S.C. 717 et seq.)'' after
``Natural Gas Policy Act of 1978''.
SEC. 3. WORKING GROUP ON ENERGY MARKETS.
(a) Establishment.--There is established a Working Group on Energy
Markets (referred to in this Act as the ``Working Group'').
(b) Composition.--The Working Group shall be composed of--
(1) the Secretary of Energy (referred to in this Act as the
``Secretary'');
(2) the Secretary of the Treasury;
(3) the Chairman of the Federal Energy Regulatory
Commission;
(4) the Chairman of Federal Trade Commission;
(5) the Chairman of the Securities and Exchange Commission;
(6) the Chairman of the Commodity Futures Trading
Commission; and
(7) the Administrator of the Energy Information
Administration.
(c) Chairperson.--The Secretary shall serve as the Chairperson of
the Working Group.
(d) Compensation.--A member of the Working Group shall serve
without additional compensation for the work of the member of the
Working Group.
(e) Purpose and Function.--The Working Group shall--
(1) investigate the effect of increased financial
investment in energy commodities on energy prices and the
energy security of the United States;
(2) recommend to the President and Congress laws (including
regulations) that may be needed to prevent excessive
speculation in energy commodity markets in order to prevent or
minimize the adverse impact of excessive speculation on energy
prices on consumers and the economy of the United States; and
(3) review energy security implications of developments in
international energy markets.
(f) Administration.--The Secretary shall provide the Working Group
with such administrative and support services as may be necessary for
the performance of the functions of the Working Group.
(g) Cooperation of Other Agencies.--The heads of Executive
departments, agencies, and independent instrumentalities shall, to the
extent permitted by law, provide the Working Group with such
information as the Working Group requires to carry out this section.
(h) Consultation.--The Working Group shall consult, as appropriate,
with representatives of the various exchanges, clearinghouses, self-
regulatory bodies, other major market participants, consumers, and the
general public.
SEC. 4. STUDY OF REGULATORY FRAMEWORK FOR ENERGY MARKETS.
(a) Study.--The Working Group shall conduct a study--
(1) to identify the factors that affect the pricing of
crude oil and refined petroleum products, including an
examination of the effects of market speculation on prices; and
(2) to review and assess--
(A) existing statutory authorities relating to the
oversight and regulation of markets critical to the
energy security of the United States; and
(B) the need for additional statutory authority for
the Federal Government to effectively oversee and
regulate markets critical to the energy security of the
United States.
(b) Elements of Study.--The study shall include--
(1) an examination of price formation of crude oil and
refined petroleum products;
(2) an examination of relevant international regulatory
regimes; and
(3) an examination of the degree to which changes in energy
market transparency, liquidity, and structure have influenced
or driven abuse, manipulation, excessive speculation, or
inefficient price formation.
(c) Report and Recommendations.--The Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Energy and Commerce of the House of Representatives
quarterly progress reports during the conduct of the study under this
section, and a final report not later than 1 year after the date of
enactment of this Act, that--
(1) describes the results of the study; and
(2) provides options and the recommendations of the Working
Group for appropriate Federal coordination of oversight and
regulatory actions to ensure transparency of crude oil and
refined petroleum product pricing and the elimination of
excessive speculation, including recommendations on data
collection and analysis to be carried out by the Financial
Market Analysis Office established by section 205(p) of the
Department of Energy Organization Act (42 U.S.C. 7135(p)).
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section. | Energy Markets Act of 2015 This bill amends the Department of Energy Organization Act to direct the Energy Information Administration (EIA) of the Department of Energy to develop and implement a plan to collect, in cooperation with the Commodity Futures Trade Commission, information identifying all oil inventories and other physical oil assets owned by the 50 largest traders of oil contracts (including derivative contracts). The EIA shall also collect, and update annually, information quantifying the commercial storage capacity for oil and natural gas in the United States. A Financial Market Analysis Office is established in the EIA to analyze the financial aspects of energy markets. A Working Group on Energy Markets is also established to: investigate the effect of increased financial investment in energy commodities on energy prices and the energy security of the United States, recommend to the President and Congress laws to prevent excessive speculation in energy commodity markets in order to prevent or minimize the adverse impact of excessive speculation on energy prices, and review energy security implications of developments in international energy markets. The Working Group shall also: (1) identify the factors that affect crude oil and refined petroleum products prices; and (2) review and assess existing statutory authorities for the regulation of markets critical to U.S. energy security, as well as the need for additional authority to regulate markets critical to it. | {"src": "billsum_train", "title": "Energy Markets Act of 2015"} | 1,877 | 266 | 0.603762 | 1.66166 | 0.795888 | 4.734375 | 6.878906 | 0.921875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tongass Transfer and Transition
Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) It is in the public interest to provide a mechanism to
transfer ownership of the Tongass National Forest to the State
of Alaska to be managed and operated under the laws of the
State of Alaska.
(2) The State of Alaska is the level of government that is
most sensitive to the ecologic and economic needs of the people
of the Tongass and other Alaskans.
(3) The State of Alaska is committed to policies in
connection with the Tongass that include informed
decisionmaking, prudent management of Tongass resources with
sound science, multiple, balanced, and sustainable use of
Tongass resources, an inclusive planning process for the
diverse interests associated with the Tongass, and planning
that fosters consensus.
(4) It is appropriate for the State level of government to
own and manage the land area now comprising Tongass National
Forest and to provide the best ecologic and economic balance in
the Southeast Alaska area that comprises the Tongass National
Forest.
(5) Without Federal constraints and costs, the State of
Alaska is in a better position to balance the diverse needs and
interests of those concerned with the future of the Tongass.
(6) It is necessary to provide a smooth transition between
Federal and State ownership and control and to resolve as many
issues as possible prior to State ownership and control.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) The term ``Secretary'' means the Secretary of
Agriculture.
(2) The term ``Tongass National Forest'' means the Tongass
National Forest, as depicted on the map numbered ____ and dated
____.
(3) The term ``Federal obligation'' means any obligation or
duty of the United States Forest Service arising out of any
lease, permit, license, contract, and other legal instruments
issued by or with the Forest Service relating to the Tongass
National Forest. The term ``Federal obligation'' does not
include any obligation with respect to a Federal law,
regulation, or policy.
(4) The term ``Tongass National Forest lands'' includes all
right, title, and interest of the United States in and to all
real property located in the Tongass National Forest, and all
structures (permanent and temporary) owned by the United States
Forest Service located on such land.
(5) The term ``transfer-transition period'' means the
period beginning when the State of Alaska elects to receive the
lands pursuant to this Act and ending one year thereafter.
(6) The term ``transfer date'' means the date on which the
State of Alaska elects to receive the lands pursuant to this
Act and notifies the Secretary of such election.
(7) The term ``patent date'' means the last day of the
transfer-transition period.
(8) Terms used in section 6(c) shall be accorded the
meaning given to such terms under the Alaska National Interest
Lands Conservation Act.
SEC. 4. TRANSFER OF TONGASS LANDS AND PROPERTY TO THE STATE OF ALASKA.
(a) Automatic Transfer of Lands.--If, within 10 years after the
date of the enactment of this Act, the State of Alaska elects to
receive all Tongass National Forest lands in conformance with
subsection (b), and so notifies the Secretary, all Tongass National
Forest lands shall be conveyed, by operation of law, to the State of
Alaska, subject only to valid existing rights. Such transfer shall
occur in accordance with this Act.
(b) Form of Election.--The election by the State of Alaska to
receive lands pursuant to subsection (a) shall be in the form of a bill
approved by the House and Senate of the Alaska State Legislature and
signed by the Governor of the State of Alaska. Such law shall state
that--
(1) the State of Alaska elects to receive all Tongass
National Forest lands;
(2) the Tongass National Forest lands received shall be
received subject to valid existing rights;
(3) the procedures specified in this Act and the transition
provisions of this Act shall apply to the transfer; and
(4) the rights and obligations of the United States under
the Alaska Native Claims Settlement Act with respect to lands,
rights in lands, and use of lands transferred by the Tongass
Transfer and Transition Act shall not be infringed by the State
of Alaska.
(c) Procedure.--Upon receipt by the Secretary of Agriculture of a
copy of the law specified under subsection (b), the Secretary of
Agriculture shall prepare a patent conveying all Tongass National
Forest lands to the State of Alaska and shall deliver such patent to
the State of Alaska on the patent date. The duty of the Secretary to
prepare and deliver such patent pursuant to this Act shall be purely
ministerial and delivery of the patent on the patent date shall not be
withheld or conditioned. The United States Supreme Court shall have
exclusive jurisdiction to issue such writs and compel such actions as
may be necessary to accomplish the conveyance made under this Act.
(d) Other Property.--Upon the election pursuant to subsection (a)
and concurrent with the transfer of lands pursuant to this Act, the
Secretary shall also transfer the right and title to and interest in
all other types of property (including real and personal property) used
for purposes of operating, administering, and managing the Tongass
National Forest. Such property shall be transferred on the patent date
and include only that which is owned by the United States and used by
the United States Forest Service within the Tongass National Forest and
that which is directly associated with the management of such Forest.
All vehicles transferred shall be painted the official colors of State
of Alaska vehicles prior to transfer.
SEC. 5. TRANSITION PROVISIONS DURING THE TRANSITION PERIOD.
(a) Existing Obligations of the United States.--The United States
shall remain obligated for Federal obligations during the transfer-
transition period.
(b) Employees.--During the transfer-transition period, to the
extent practicable, the State of Alaska shall interview each person
employed on the date of the enactment of this Act in the Tongass
National Forest by the United States Forest Service for purposes of
reemployment by the State of Alaska for a comparable function within
the new State administrative system for the Tongass Forest. Employees
who do not secure employment with the State of Alaska shall be given
preferential treatment for purposes of other available positions with
the United States Government.
(c) Alaska Pulp Corporation Contract.--The State of Alaska shall
enter into discussions with the Alaska Pulp Corporation during the
transition-transfer period and conclude an agreement which reinstates
the Alaska Pulp Corporation Contract (Contract No. 12-11-010-1545)
within six months of the patent date. Such agreement shall provide for
dismissal with prejudice of a lawsuit styled as Alaska Pulp Corporation
against the United States of America, No. 95-153C. Such reinstatement
shall include an additional provision which requires sale or assignment
of such contract to a third party who agrees to construct a
manufacturing facility in Southeast Alaska that utilizes pulp-grade
logs. The State of Alaska shall assume the obligations of the Forest
Service under such reinstated contract, except that the State of Alaska
shall assume no obligation for any claim relating to such contract
which arose from an occurrence before the transfer date.
(d) Timber Road Program Fund.--From amounts remaining after making
payments for the benefit of public schools and roads under the Act of
May 23, 1908 (16 U.S.C. 500), the Secretary shall, notwithstanding any
other provision of law, provide the gross receipts from the Tongass
National Forest derived from timber sale stumpage fees due during the
transfer-transition period to the State of Alaska as seed money for
purposes of establishing a timber roads revolving fund.
SEC. 6. TRANSITION PROVISIONS OUTSIDE THE TRANSITION PERIOD.
(a) Management of Transferred Lands.--(1) Beginning on the patent
date, the lands transferred pursuant to this Act shall be administered
and managed under applicable State of Alaska law, except as otherwise
provided in this Act for the period provided by this Act.
(2) During the transfer-transition period and until the patent
date, the lands subject to transfer pursuant to this Act shall be
administered and managed under Federal law and the Tongass Land
Management Plan.
(b) Land Designations.--Land use designations in effect on the date
of the enactment of this Act under the Tongass Land Management Plan
shall continue in effect for a period of up to one year after the
patent date, but shall cease to be applicable when the State of Alaska
adopts a land use designation system for the transferred lands during
such one-year period.
(c) Subsistence Use After the Patent Date.--The Secretary of the
Interior shall retain continuing authority to manage subsistence uses
of fish and wildlife on lands transferred under this Act until such
time as the State of Alaska law is in compliance with title VIII of the
Alaska National Interest Lands Conservation Act.
(d) Mining Claims.--(1) For a period of 15 years after the patent
date, Federal mining claims located before the patent date pursuant to
the General Mining Law of 1872 (30 U.S.C. 22 and following) in the
Tongass National Forest shall remain subject to the laws, rules,
regulations, and policies of the United States, but such laws, rules,
regulations, and policies shall be administered by the State of Alaska.
During such period, the right and ability of a claimholder to patent
such a mining claim shall not be infringed. An application to patent a
Federal mining claim located in the area comprising the Tongass
National Forest may be made by the claimholder with the State of Alaska
and shall constitute an election by the claim holder to be subject to
Federal mining claim patent procedures administered by the State of
Alaska.
(2) At any time during the 15-year period referred to in paragraph
(1), the holder of a Federal mining claim may elect to convert the
claim into a mining claim to be administered under the laws of the
State of Alaska. An election to convert such a claim must be in
writing, include such information as the Commissioner may request, and
be sent to the Commissioner of the Department of Natural Resources of
the State of Alaska. The State of Alaska shall convert each Federal
claim into one or more State claims covering the area of the Federal
claim.
(3) Upon the expiration of the 15-year period referred to in
paragraph (1), each Federal mining claim for which a mining patent
application has not been filed and which is located within the Tongass
National Forest shall be converted by operation of law into a mining
claim or claims to be administered under the laws of the State of
Alaska.
(4) During the transfer-transition period the Federal Government
shall maintain the right to receive fees and revenues, if any, due on
Federal mining claims. After the patent date, the State of Alaska shall
have the right to receive any fees or revenues due on Federal claims
that are not converted under paragraph (2) or (3).
(e) Land Grants to Native People.--The State of Alaska shall
negotiate in good faith to obtain an agreement with the native people
of the communities of Haines, Ketchikan, Petersburg, Tenakee, and
Wrangell, Alaska who did not receive a land claim settlement under the
Alaska Native Claims Settlement Act. Under such agreement, the State of
Alaska shall convey not less than 23,040 acres of surface estate and
not more than 46,080 acres of surface estate to each community within
the boundary of the land transferred for purposes of historical,
cultural, economic (including timber, tourism, and recreation)
development and subsistence use in settlement of such claims. Upon the
conveyance of such surface estate, the State of Alaska shall convey the
subsurface estate of such lands to Sealaska Corporation. Unprocessed
timber (as defined in section 493 of Public Law 101-382) may not be
exported from Alaska. Negotiations shall conclude as soon as
practicable after the patent date, but in no case later than two years
after the transfer date. If an agreement is not reached, then the
matter shall be submitted to binding arbitration.
(f) Timber Receipts to Local Governments.--In each year, beginning
with the fiscal year of the State of Alaska beginning after the
transfer date and ending with the tenth fiscal year thereafter, the
State of Alaska shall allocate 25 percent of the net timber stumpage
receipts for all timber sold on the lands transferred under authority
of this Act directly to boroughs, municipalities, and local governments
for purposes of schools, educational materials, and community roads.
(g) Timber Receipts to the United States.--For a period of 10
calendar years, beginning with the fiscal year of the State of Alaska
beginning after the patent date, the State of Alaska shall pay to the
United States, 25 percent of the net receipts for all timber sold on
the lands transferred under authority of this Act.
(h) Ketchikan Pulp Contract.--On the patent date, the State of
Alaska shall assume all the obligations of the United States and be
entitled to all the benefits due to the United States under Contract
No. A10fs-1042 with the Ketchikan Pulp Corporation beginning on the
patent date.
(i) Timber Exports.--The State of Alaska shall prohibit by law
export of unprocessed saw, utility, and pulp logs originating from
lands transferred under this Act for a minimum period of ten years.
(j) Existing Obligations After Patent Date.--On the patent date,
the State of Alaska shall assume all Federal obligations and duties and
receive all rights of the United States Forest Service, except that the
State of Alaska shall assume no obligation for any claim for damages or
specific performance relating to a contract if such claim arose before
the patent date, unless the State of Alaska receives the benefit from
such an obligation.
SEC. 7. MISCELLANEOUS DUTIES OF THE PARTIES AND OTHER PROVISIONS
RELATING TO THE TRANSFER.
(a) Map and Legal Description.--The Secretary shall provide the
State of Alaska with a map and other legal descriptions of the land to
be transferred under section 4. The map and the legal descriptions
provided under this subsection shall be on file and available for
public inspection in the Office of the Secretary in Washington,
District of Columbia, and in two readily accessible locations in
Alaska, at least one of which is in Southeast Alaska.
(b) Hazardous Materials.--As promptly as practicable after the
enactment of this Act, the Secretary shall make available to the State
of Alaska for review and inspection, all pertinent records relating to
hazardous materials, if any, on lands to be transferred under this
section. The responsibility for costs of remedial action related to
such materials shall be borne by those entities responsible under
existing law.
(c) Judicial Review.--Transfer of land pursuant to this Act shall
not be subject to judicial review in any court of the United States,
except--
(1) to the extent a right of judicial review is conferred
specifically by the United States Constitution;
(2) otherwise conferred by this Act; or
(3) when sought by the State of Alaska on matters
pertaining to rights conferred by this Act.
(d) Rulemaking.--No formal rules under section 553 of title 5,
United States Code, are required to implement this Act.
(e) Survey.--The patent for lands conveyed pursuant to this Act
shall not be subject to completion of a field survey and may be issued
based on a protraction survey.
(f) Repeal.--Sections 503, 508, 703, 704, 705, and 706 of the
Alaska National Lands Interest Conservation Act are repealed on the
patent date. Title III of the Tongass Timber Reform Act is repealed on
the transfer date.
(g) Encumbrances.--For purposes of an orderly transfer of the
Tongass National Forest to State ownership and transition to State
management, the Secretary shall provide a list of encumbrances of
record and otherwise known in the Tongass National Forest to the
Commissioner of the Department of Natural Resources of the State of
Alaska during the transfer-transition period. The transfer under this
Act shall be subject to all existing encumbrances. | Tongass Transfer and Transition Act - Provides for the transfer to Alaska of the Tongass National Forest if so elected by Alaska within a specified period of time.
Sets forth transition provisions, including: (1) reinstatement of the Alaska Pulp Corporation; (2) creation of a timber road revolving fund; (3) land grants to Native Alaskans; and (4) timber and mining provisions. | {"src": "billsum_train", "title": "Tongass Transfer and Transition Act"} | 3,595 | 86 | 0.552801 | 1.448389 | 0.43401 | 2.116883 | 43.207792 | 0.922078 |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Osteoporosis Early
Detection and Prevention Act of 2004''.
(b) Findings.--Congress makes the following findings:
(1) Nature of osteoporosis.--
(A) Osteoporosis is a disease characterized by low
bone mass and structural deterioration of bone tissue
leading to bone fragility and increased susceptibility
to fractures of the hip, spine, and wrist.
(B) Osteoporosis has no symptoms and typically
remains undiagnosed until a fracture occurs.
(C) Once a fracture occurs, the condition has
usually advanced to the stage where the likelihood is
high that another fracture will occur.
(D) There is no cure for osteoporosis, but drug
therapy has been shown to reduce new hip and spine
fractures by 50 percent and other treatments, such as
nutrition therapy, have also proven effective.
(2) Incidence of osteoporosis.--Osteoporosis is a common
condition:
(A) Of the 44 million Americans who have (or are at
risk for) osteoporosis, 80 percent are women.
(B) Annually there are 1.5 million bone fractures
attributable to osteoporosis.
(C) Half of all women, and one-fourth of all men,
age 50 or older will have a bone fracture due to
osteoporosis.
(3) Impact of osteoporosis.--The cost of treating
osteoporosis is significant:
(A) The annual cost of osteoporosis in the United
States was $17 billion in 2001.
(B) The average cost in the United States of
repairing a hip fracture due to osteoporosis is
$37,000, while the average cost of an osteoporosis
screening test ranges from $59 to $300.
(C) Fractures due to osteoporosis frequently result
in disability and institutionalization of individuals.
(D) Because osteoporosis is a progressive condition
causing fractures primarily in aging individuals,
preventing fractures particularly in post menopausal
women before they become eligible for medicare, has a
significant potential of reducing osteoporosis-related
costs under the medicare program.
(4) Use of bone mass measurement.--
(A) Bone mass measurement is a non-invasive,
painless, and reliable way to diagnose osteoporosis
before costly fractures occur.
(B) Low bone mass is as predictive of future
fractures as is high cholesterol or high blood pressure
of heart disease or stroke.
(C) Bone mass measurement is the only reliable
method of detecting osteoporosis at an early stage.
(D) Under section 4106 of the Balanced Budget Act
of 1997, medicare provides coverage, effective July 1,
1998, for bone mass measurement for qualified
individuals who are at risk of developing osteoporosis.
SEC. 2. REQUIRING COVERAGE OF BONE MASS MEASUREMENT UNDER HEALTH PLANS.
(a) Group Health Plans.--
(1) Public health service act amendments.--(A) Subpart 2 of
part A of title XXVII of the Public Health Service Act is
amended by adding at the end the following new section:
``SEC. 2707. STANDARDS RELATING TO BENEFITS FOR BONE MASS MEASUREMENT.
``(a) Requirements for Coverage of Bone Mass Measurement.--A group
health plan, and a health insurance issuer offering group health
insurance coverage, shall include (consistent with this section)
coverage for bone mass measurement for beneficiaries and participants
who are qualified individuals.
``(b) Definitions Relating to Coverage.--In this section:
``(1) Bone mass measurement.--The term `bone mass
measurement' means a radiologic or radioisotopic procedure or
other procedure approved by the Food and Drug Administration
performed on an individual for the purpose of identifying bone
mass or detecting bone loss or determining bone quality, and
includes a physician's interpretation of the results of the
procedure. Nothing in this paragraph shall be construed as
requiring a bone mass measurement to be conducted in a
particular type of facility or to prevent such a measurement
from being conducted through the use of mobile facilities that
are otherwise qualified.
``(2) Qualified individual.--The term `qualified
individual' means an individual who--
``(A) is at clinical risk for osteoporosis,
including an estrogen-deficient woman;
``(B) has vertebral abnormalities;
``(C) is receiving chemotherapy or long-term
gluococorticoid (steroid) therapy;
``(D) has primary hyperparathyroidism,
hyperthyroidism, or excess thyroid replacement; or
``(E) is being monitored to assess the response to
or efficacy of approved osteoporosis drug therapy.
``(c) Limitation on Frequency Required.--Taking into account the
standards established under section 1861(rr)(3) of the Social Security
Act, the Secretary shall establish standards regarding the frequency
with which a qualified individual shall be eligible to be provided
benefits for bone mass measurement under this section. The Secretary
may vary such standards based on the clinical and risk-related
characteristics of qualified individuals.
``(d) Restrictions on Cost-Sharing.--
``(1) In general.--Subject to paragraph (2), nothing in
this section shall be construed as preventing a group health
plan or issuer from imposing deductibles, coinsurance, or other
cost-sharing in relation to bone mass measurement under the
plan (or health insurance coverage offered in connection with a
plan).
``(2) Limitation.--Deductibles, coinsurance, and other
cost-sharing or other limitations for bone mass measurement may
not be imposed under paragraph (1) to the extent they exceed
the deductibles, coinsurance, and limitations that are applied
to similar services under the group health plan or health
insurance coverage.
``(e) Prohibitions.--A group health plan, and a health insurance
issuer offering group health insurance coverage in connection with a
group health plan, may not--
``(1) deny to an individual eligibility, or continued
eligibility, to enroll or to renew coverage under the terms of
the plan, solely for the purpose of avoiding the requirements
of this section;
``(2) provide incentives (monetary or otherwise) to
individuals to encourage such individuals not to be provided
bone mass measurements to which they are entitled under this
section or to providers to induce such providers not to provide
such measurements to qualified individuals;
``(3) prohibit a provider from discussing with a patient
osteoporosis preventive techniques or medical treatment options
relating to this section; or
``(4) penalize or otherwise reduce or limit the
reimbursement of a provider because such provider provided bone
mass measurements to a qualified individual in accordance with
this section.
``(f) Rule of Construction.--Nothing in this section shall be
construed to require an individual who is a participant or beneficiary
to undergo bone mass measurement.
``(g) Notice.--A group health plan under this part shall comply
with the notice requirement under section 714(g) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
of this section as if such section applied to such plan.
``(h) Level and Type of Reimbursements.--Nothing in this section
shall be construed to prevent a group health plan or a health insurance
issuer offering group health insurance coverage from negotiating the
level and type of reimbursement with a provider for care provided in
accordance with this section.
``(i) Preemption.--
``(1) In general.--The provisions of this section do not
preempt State law relating to health insurance coverage to the
extent such State law provides greater benefits with respect to
osteoporosis detection or prevention.
``(2) Construction.--Section 2723(a)(1) shall not be
construed as superseding a State law described in paragraph
(1).''.
(B) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)) is
amended by striking ``section 2704'' and inserting ``sections
2704 and 2707''.
(2) ERISA amendments.--(A) Subpart B of part 7 of subtitle
B of title I of the Employee Retirement Income Security Act of
1974 is amended by adding at the end the following new section:
``SEC. 714. STANDARDS RELATING TO BENEFITS FOR BONE MASS MEASUREMENT.
``(a) Requirements for Coverage of Bone Mass Measurement.--A group
health plan, and a health insurance issuer offering group health
insurance coverage, shall include (consistent with this section)
coverage for bone mass measurement for beneficiaries and participants
who are qualified individuals.
``(b) Definitions Relating to Coverage.--In this section:
``(1) Bone mass measurement.--The term `bone mass
measurement' means a radiologic or radioisotopic procedure or
other procedure approved by the Food and Drug Administration
performed on an individual for the purpose of identifying bone
mass or detecting bone loss or determining bone quality, and
includes a physician's interpretation of the results of the
procedure. Nothing in this paragraph shall be construed as
requiring a bone mass measurement to be conducted in a
particular type of facility or to prevent such a measurement
from being conducted through the use of mobile facilities that
are otherwise qualified.
``(2) Qualified individual.--The term `qualified
individual' means an individual who--
``(A) is at clinical risk for osteoporosis,
including an estrogen-deficient woman;
``(B) has vertebral abnormalities;
``(C) is receiving chemotherapy or long-term
gluococorticoid (steroid) therapy;
``(D) has primary hyperparathyroidism,
hyperthyroidism, or excess thyroid replacement; or
``(E) is being monitored to assess the response to
or efficacy of approved osteoporosis drug therapy.
``(c) Limitation on Frequency Required.--The standards established
under section 2707(c) of the Public Health Service Act shall apply to
benefits provided under this section in the same manner as they apply
to benefits provided under section 2707 of such Act.
``(d) Restrictions on Cost-Sharing.--
``(1) In general.--Subject to paragraph (2), nothing in
this section shall be construed as preventing a group health
plan or issuer from imposing deductibles, coinsurance, or other
cost-sharing in relation to bone mass measurement under the
plan (or health insurance coverage offered in connection with a
plan).
``(2) Limitation.--Deductibles, coinsurance, and other
cost-sharing or other limitations for bone mass measurement may
not be imposed under paragraph (1) to the extent they exceed
the deductibles, coinsurance, and limitations that are applied
to similar services under the group health plan or health
insurance coverage.
``(e) Prohibitions.--A group health plan, and a health insurance
issuer offering group health insurance coverage in connection with a
group health plan, may not--
``(1) deny to an individual eligibility, or continued
eligibility, to enroll or to renew coverage under the terms of
the plan, solely for the purpose of avoiding the requirements
of this section;
``(2) provide incentives (monetary or otherwise) to
individuals to encourage such individuals not to be provided
bone mass measurements to which they are entitled under this
section or to providers to induce such providers not to provide
such measurements to qualified individuals;
``(3) prohibit a provider from discussing with a patient
osteoporosis preventive techniques or medical treatment options
relating to this section; or
``(4) penalize or otherwise reduce or limit the
reimbursement of a provider because such provider provided bone
mass measurements to a qualified individual in accordance with
this section.
``(f) Rule of Construction.--Nothing in this section shall be
construed to require an individual who is a participant or beneficiary
to undergo bone mass measurement.
``(g) Notice Under Group Health Plan.--The imposition of the
requirements of this section shall be treated as a material
modification in the terms of the plan described in section 102(a)(1),
for purposes of assuring notice of such requirements under the plan;
except that the summary description required to be provided under the
last sentence of section 104(b)(1) with respect to such modification
shall be provided by not later than 60 days after the first day of the
first plan year in which such requirements apply.
``(h) Preemption.--
``(1) In general.--The provisions of this section do not
preempt State law relating to health insurance coverage to the
extent such State law provides greater benefits with respect to
osteoporosis detection or prevention.
``(2) Construction.--Section 731(a)(1) shall not be
construed as superseding a State law described in paragraph
(1).''.
(B) Section 731(c) of such Act (29 U.S.C. 1191(c)) is
amended by striking ``section 711'' and inserting ``sections
711 and 714''.
(C) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is
amended by striking ``section 711'' and inserting ``sections
711 and 714''.
(D) The table of contents in section 1 of such Act is
amended by inserting after the item relating to section 712 the
following new item:
``714. Standards relating to benefits for bone mass measurement.''.
(b) Individual Health Insurance.--(1) Part B of title XXVII of the
Public Health Service Act is amended by inserting after section 2752
the following new section:
``SEC. 2753. STANDARDS RELATING TO BENEFITS FOR BONE MASS MEASUREMENT.
``(a) In General.--The provisions of section 2707 (other than
subsection (g)) shall apply to health insurance coverage offered by a
health insurance issuer in the individual market in the same manner as
it applies to health insurance coverage offered by a health insurance
issuer in connection with a group health plan in the small or large
group market.
``(b) Notice.--A health insurance issuer under this part shall
comply with the notice requirement under section 714(g) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
referred to in subsection (a) as if such section applied to such issuer
and such issuer were a group health plan.
``(c) Preemption.--
``(1) In general.--The provisions of this section do not
preempt State law relating to health insurance coverage to the
extent such State law provides greater benefits with respect to
osteoporosis detection or prevention.
``(2) Construction.--Section 2762(a) shall not be construed
as superseding a State law described in paragraph (1).''.
(2) Section 2762(b)(2) of such Act (42 U.S.C. 300gg-62(b)(2)) is
amended by striking ``section 2751'' and inserting ``sections 2751 and
2753''.
(c) Effective Dates.--(1) The amendments made by subsection (a)
shall apply with respect to group health plans for plan years beginning
on or after January 1, 2005.
(2) The amendments made by subsection (b) shall apply with respect
to health insurance coverage offered, sold, issued, renewed, in effect,
or operated in the individual market on or after such date. | Osteoporosis Early Detection and Prevention Act of 2004 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to require a group health plan, and an insurer offering group coverage, to include coverage for bone mass measurement for individuals who: (1) are at a clinical risk for osteoporosis, including estrogen-deficient women; (2) have vertebral abnormalities; (3) are receiving chemotherapy or long-term gluococorticoid (steroid) therapy; (4) have primary hyperparathyroidism, hyperthyroidism, or excess thyroid replacement; or (5) are being monitored to assess the response to or efficacy of approved osteoporosis drug therapy. Allows the Secretary of Health and Human Services to regulate the frequency with which individuals will be provided this benefit. Permits cost sharing, including deductibles and coinsurance. Prohibits specified actions discouraging the use of this benefit, including: (1) denying coverage; (2) offering incentives to not obtain or provide bone mass measurements; (3) restricting provider-patient communications; and (4) penalizing or limiting reimbursements to providers. Allows State laws providing greater detection or prevention benefits. Amends the Public Health Service Act to apply these requirements to coverage offered in the individual market. | {"src": "billsum_train", "title": "To amend the Public Health Service Act and Employee Retirement Income Security Act of 1974 to require that group and individual health insurance coverage and group health plans provide coverage for qualified individuals for bone mass measurement (bone density testing) to prevent fractures associated with osteoporosis."} | 3,553 | 284 | 0.51844 | 1.553179 | 0.637625 | 3.072961 | 13.085837 | 0.892704 |
SECTION 1. COVERAGE OF STATEWIDE BEHAVIORAL HEALTH ACCESS PROGRAM
ACTIVITIES FOR CHILDREN UNDER AGE 21.
(a) Child Behavioral Health Access Program Activities for Children
Under Age 21.--Title XIX of the Social Security Act is amended by
adding at the end the following new section:
``SEC. 1947. COVERAGE OF STATEWIDE BEHAVIORAL HEALTH ACCESS PROGRAM
ACTIVITIES FOR CHILDREN UNDER AGE 21.
``(a) In General.--Notwithstanding section 1902(a)(10)(B) (relating
to comparability) and any other provision of this title for which the
Secretary determines it is necessary to waive in order to implement
this section, beginning January 1, 2017, a State, at its option as a
State plan amendment, may provide for medical assistance under this
title for child behavioral health access program activities.
``(b) Definitions.--In this section:
``(1) Child behavioral health access administrative program
activities.--The term `child behavioral health access
administrative program activities' means administrative
activities that are carried out with respect to a child
behavioral health access administrative program.
``(2) Child behavioral health access administrative
program.--The term `child behavioral health access
administrative program' means a program that, with respect to
behavioral health services furnished to individuals under 21
years of age--
``(A) designs, develops, and implements an
organized statewide or regional network of mental
health professionals that may include child and
adolescent psychiatrists, psychologists, social
workers, psychiatric nurses, nurse practitioners, and
substance abuse counselors to expand the capacity of
pediatric primary care providers to deliver family-
centered behavioral health care;
``(B) conducts an assessment of critical child
behavioral health consultation needs among pediatric
primary care providers and their preferred mechanisms
for receiving consultation and training and technical
assistance;
``(C) develops an online database and communication
mechanisms, including telehealth, to facilitate
consultation support to pediatric primary care
providers, to track referrals for behavioral evaluation
made by such providers, and to facilitate follow-up
visits to such providers;
``(D) conducts training and provides technical
assistance to pediatric primary care providers to
support the prevention, early identification,
diagnosis, treatment, and referral of children with
mental or behavioral health conditions;
``(E) informs and assists pediatric providers in
accessing child and adolescent psychiatry or behavioral
health consultations, referral for behavioral
evaluation and treatment, and in scheduling and
conducting training and technical assistance;
``(F) informs children eligible to receive medical
assistance under this title and their families about
the availability of the assistance available through
the program;
``(G) establishes mechanisms for measuring and
monitoring increased access to child and adolescent
behavioral health activities by pediatric primary care
providers and expanded capacity of pediatric primary
care providers to identify, treat, and refer children
with mental or behavioral health problems; and
``(H) establishes mechanisms for coordination with
other State mental or behavioral health resources for
children and adolescents.
``(3) Pediatric primary care provider.--The term `pediatric
primary care provider' includes a provider who is a general
practitioner, family medicine physician, internal medicine
physician, or pediatrician.''.
(b) Enhanced FMAP.--Section 1903(a) of the Social Security Act (42
U.S.C. 1396b(a)) is amended--
(1) by redesignating paragraph (7) as paragraph (8); and
(2) by inserting after paragraph (6) the following new
paragraph:
``(7) for each calendar quarter during--
``(A) 2016, an amount equal to 100 percent,
``(B) 2017, an amount equal to 90 percent,
``(C) 2018, an amount equal to 80 percent,
``(D) 2019, an amount equal to 70 percent, and
``(E) 2020 and each year thereafter, an amount
equal to 60 percent,
of so much of the sums expended by the State plan as are
attributable to providing child behavioral health access
administrative program activities (as defined in section 1947);
plus''.
(c) Effective Date.--The amendments made in this section shall
apply to items and services furnished on or after the date that is 90
days after the date of the enactment of this Act. | This bill amends title XIX (Medicaid) of the Social Security Act to allow a state Medicaid program to provide, and receive an enhanced federal matching rate for providing, administrative activities carried out with respect to a behavioral health access program for individuals under 21 years of age. | {"src": "billsum_train", "title": "To amend title XIX of the Social Security Act to provide for a State Medicaid option to enhance administrative matching funds to support statewide behavioral health access program activities for children under 21 years of age, and for other purposes."} | 967 | 66 | 0.542611 | 1.276159 | 0.568926 | 2.490196 | 17.254902 | 0.843137 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fuel Cell Industrial Vehicle Jobs
Act of 2011''.
SEC. 2. MODIFICATIONS OF CREDIT FOR QUALIFIED FUEL CELL MOTOR VEHICLES.
(a) Credit Amounts.--
(1) In general.--Paragraph (1) of section 30B(b) of the
Internal Revenue Code of 1986 is amended by redesignating
subparagraphs (B) through (D) as subparagraphs (C) through (E),
respectively, and by striking subparagraph (A) and inserting
the following new subparagraphs:
``(A) $4,000 if such vehicle is a motor vehicle as
described in subsection (b)(4)(A) and has a gross
vehicle weight rating of not more than 8,500 pounds,
``(B) $8,000 if such vehicle is a motor vehicle as
described in subsection (h)(1) and has a gross vehicle
weight rating of not more than 8,500 pounds,''.
(2) Conforming amendment.--Section 30B(b)(2)(A) of such
Code is amended by striking ``paragraph (1)(A)'' and inserting
``paragraph (1)(B)''.
(b) Credit for Certain Off-Highway Vehicles.--Subsection (b) of
section 30B of the Internal Revenue Code of 1986 is amended by adding
at the end the following new paragraph:
``(4) Special rules for certain off-highway vehicles.--For
purposes of this subsection--
``(A) In general.--The term `motor vehicle'
includes any vehicle which is manufactured primarily
for use in carrying or towing loads or materials for
commercial or industrial purposes, whether or not on
public streets, roads, and highways and regardless of
the type of load or material carried or towed. The
preceding sentence shall not include any vehicle
operated exclusively on a rail or rails and any vehicle
operated primarily for recreational purposes.
``(B) Additional credit.--
``(i) Vehicles not more than 8,500
pounds.--In the case of a vehicle which is a
motor vehicle solely by reason of subparagraph
(A) that has a gross vehicle weight rating of
not more than 8,500 pounds, the amount
determined under paragraph (1) shall be
increased by $1,500 if such vehicle's fuel cell
system achieves an electricity generation
efficiency of at least 40 percent based on the
lower heating value of the fuel.
``(ii) Other vehicles.--In the case of a
vehicle which is a motor vehicle solely by
reason of subparagraph (A) that has a gross
vehicle weight rating of more than 8,500
pounds, the amount determined under paragraph
(1) shall be increased by--
``(I) $2,000 if such vehicle's fuel
cell system achieves an electricity
generation efficiency of at least 40
percent but less than 50 percent based
on the lower heating value of the fuel,
or
``(II) $4,000 if such vehicle's
fuel cell system achieves an
electricity generation efficiency of at
least 50 percent based on the lower
heating value of the fuel.
``(C) Certain standards not to apply.--Subsection
(h)(10) shall not apply to a vehicle which is a motor
vehicle solely by reason of subparagraph (A).
``(D) Placed in service date.--The credit
determined under this subsection shall only be
available in the case of any vehicle which is a motor
vehicle solely by reason of subparagraph (A) if such
vehicle is placed in service after December 31,
2010.''.
(c) Effective Date.--The amendments made by this section shall
apply to vehicles placed in service after December 31, 2010, in taxable
years ending after such date.
SEC. 3. ENERGY CREDIT FOR FUEL CELL MOTIVE PROPERTY.
(a) In General.--Section 48 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new subsection:
``(e) New Qualified Fuel Cell Motive Property Credit.--
``(1) In general.--In the case of new qualified fuel cell
motive property placed in service during the taxable year, the
energy credit for such taxable year with respect to such
property is the sum of--
``(A) $940 for each 0.5 kilowatt of capacity of
such property if such property has a nameplate capacity
of no more than 5.0 kilowatts of electricity,
``(B) $140 for each additional 0.5 kilowatt of
capacity of such property above 5.0 kilowatts of
capacity if such property has a nameplate capacity of
no more than 15.0 kilowatts of electricity, and
``(C) $50 for each additional 0.5 kilowatt of
capacity of such property above 15.0 kilowatts of
capacity if such property has a nameplate capacity of
more than 15.0 kilowatts of electricity.
``(2) Limitation.--The amount allowed as a credit under
this section by reason of paragraph (1) shall not exceed
$12,700 for each property placed in service during the taxable
year.
``(3) New qualified fuel cell motive property.--For
purposes of this subsection--
``(A) In general.--The term `new qualified fuel
cell motive property' means any qualified fuel cell
property which is manufactured for use in powering
qualified motive property--
``(i) the original use of which commences
with the taxpayer, and
``(ii) which is acquired by the taxpayer
for use or lease, but not for resale.
``(B) Qualified motive property.--The term
`qualified motive property' means any property which is
manufactured primarily for carrying loads or materials
for commercial or industrial purposes not on public
streets, roads, highways, or rails or operated
primarily for recreational purposes.
``(C) Termination.--Paragraph (1) shall not apply
to any property placed in service after December 31,
2016.''.
(b) Conforming Amendments.--
(1) Section 48(a)(1) of the Internal Revenue Code of 1986
is amended by striking ``subsection (c),'' and inserting
``subsection (c) and subsection (e),''.
(2) Subparagraph (C) of section 48(c)(1) of such Code is
amended to read as follows:
``(C) Fuel cell power plant.--The term `fuel cell
power plant' means an integrated system comprised of a
fuel cell stack assembly which converts a fuel into
electricity using electrochemical means and the
associated balance of plant components.''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2010, in taxable
years ending after such date. | Fuel Cell Industrial Vehicle Jobs Act of 2011 - Amends the Internal Revenue Code to: (1) allow a $4,000 new qualified fuel cell motor vehicle tax credit for motor vehicles weighing not more than 8,500 pounds that are manufactured primarily for use in carrying or towing loads or materials for commercial or industrial purposes (off-highway vehicles); (2) continue the maximum dollar amount of $8,000 for motor vehicles with at least 4 wheels weighing not more than 8,500 pounds that are manufactured primarily for use on public streets, roads and highways; (3) allow an enhanced credit for light (not more than 8,500 pounds) and heavy (more than 8,500 pounds) vehicles if such vehicles' fuel cell systems achieve a specified electricity generation efficiency rating; and (4) allow a new energy tax credit, through December 31, 2016, for qualified fuel cell property that is manufactured for use in powering qualified motive property. Defines "qualified motive property" as property which is manufactured primarily for carrying loads or materials for commercial or industrial purposes not on public streets, road, highways, or rails or operated primarily for recreational purposes. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to modify the credit for qualified fuel cell motor vehicles and to allow the credit for certain off-highway vehicles, and for other purposes."} | 1,528 | 233 | 0.653104 | 1.700402 | 0.825858 | 3.225806 | 6.147465 | 0.875576 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Holocaust Victims Redress Act''.
TITLE I--HEIRLESS ASSETS
SEC. 101. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds as follows:
(1) Among the $198,000,000 in German assets located in the
United States and seized by the United States Government in World
War II were believed to be bank accounts, trusts, securities, or
other assets belonging to Jewish victims of the Holocaust.
(2) Among an estimated $1,200,000,000 in assets of Swiss
nationals and institutions which were frozen by the United States
Government during World War II (including over $400,000,000 in bank
deposits) were assets whose beneficial owners were believed to
include victims of the Holocaust.
(3) In the aftermath of the war, the Congress recognized that
some of the victims of the Holocaust whose assets were among those
seized or frozen during the war might not have any legal heirs, and
legislation was enacted to authorize the transfer of up to
$3,000,000 of such assets to organizations dedicated to providing
relief and rehabilitation for survivors of the Holocaust.
(4) Although the Congress and the Administration authorized the
transfer of such amount to the relief organizations referred to in
paragraph (3), the enormous administrative difficulties and cost
involved in proving legal ownership of such assets, directly or
beneficially, by victims of the Holocaust, and proving the
existence or absence of heirs of such victims, led the Congress in
1962 to agree to a lump-sum settlement and to provide $500,000 for
the Jewish Restitution Successor Organization of New York, such sum
amounting to \1/6\th of the authorized maximum level of
``heirless'' assets to be transferred.
(5) In June of 1997, a representative of the Secretary of
State, in testimony before the Congress, urged the reconsideration
of the limited $500,000 settlement.
(6) While a precisely accurate accounting of ``heirless''
assets may be impossible, good conscience warrants the recognition
that the victims of the Holocaust have a compelling moral claim to
the unrestituted portion of assets referred to in paragraph (3).
(7) Furthermore, leadership by the United States in meeting
obligations to Holocaust victims would strengthen--
(A) the efforts of the United States to press for the
speedy distribution of the remaining nearly 6 metric tons of
gold still held by the Tripartite Commission for the
Restitution of Monetary Gold (the body established by France,
Great Britain, and the United States at the end of World War II
to return gold looted by Nazi Germany to the central banks of
countries occupied by Germany during the war); and
(B) the appeals by the United States to the 15 nations
claiming a portion of such gold to contribute a substantial
portion of any such distribution to Holocaust survivors in
recognition of the recently documented fact that the gold held
by the Commission includes gold stolen from individual victims
of the Holocaust.
(b) Purposes.--The purposes of this Act are as follows:
(1) To provide a measure of justice to survivors of the
Holocaust all around the world while they are still alive.
(2) To authorize the appropriation of an amount which is at
least equal to the present value of the difference between the
amount which was authorized to be transferred to successor
organizations to compensate for assets in the United States of
heirless victims of the Holocaust and the amount actually paid in
1962 to the Jewish Restitution Successor Organization of New York
for that purpose.
(3) To facilitate efforts by the United States to seek an
agreement whereby nations with claims against gold held by the
Tripartite Commission for the Restitution of Monetary Gold would
contribute all, or a substantial portion, of that gold to
charitable organizations to assist survivors of the Holocaust.
SEC. 102. DISTRIBUTIONS BY THE TRIPARTITE GOLD COMMISSION.
(a) Directions to the President.--The President shall direct the
commissioner representing the United States on the Tripartite
Commission for the Restitution of Monetary Gold, established pursuant
to Part III of the Paris Agreement on Reparation, to seek and vote for
a timely agreement under which all signatories to the Paris Agreement
on Reparation, with claims against the monetary gold pool in the
jurisdiction of such Commission, contribute all, or a substantial
portion, of such gold to charitable organizations to assist survivors
of the Holocaust.
(b) Authority To Obligate the United States.--
(1) In general.--From funds otherwise unobligated in the
Treasury of the United States, the President is authorized to
obligate subject to paragraph (2) an amount not to exceed
$30,000,000 for distribution in accordance with subsections (a) and
(b).
(2) Conformance with budget act requirement.--Any budget
authority contained in paragraph (1) shall be effective only to
such extent and in such amounts as are provided in advance in
appropriation Acts.
SEC. 103. FULFILLMENT OF OBLIGATION OF THE UNITED STATES.
(a) Authorization of Appropriations.--There are authorized to be
appropriated to the President such sums as may be necessary for fiscal
years 1998, 1999, and 2000, not to exceed a total of $25,000,000 for
all such fiscal years, for distribution to organizations as may be
specified in any agreement concluded pursuant to section 102.
(b) Archival Research.--There are authorized to be appropriated to
the President $5,000,000 for archival research and translation services
to assist in the restitution of assets looted or extorted from victims
of the Holocaust and such other activities that would further Holocaust
remembrance and education.
TITLE II--WORKS OF ART
SEC. 201. FINDINGS.
Congress finds as follows:
(1) Established pre-World War II principles of international
law, as enunciated in Articles 47 and 56 of the Regulations annexed
to the 1907 Hague Convention (IV) Respecting the Laws and Customs
of War on Land, prohibited pillage and the seizure of works of art.
(2) In the years since World War II, international sanctions
against confiscation of works of art have been amplified through
such conventions as the 1970 Convention on the Means of Prohibiting
and Preventing the Illicit Import, Export and Transfer of Ownership
of Cultural Property, which forbids the illegal export of art work
and calls for its earliest possible restitution to its rightful
owner.
(3) In defiance of the 1907 Hague Convention, the Nazis
extorted and looted art from individuals and institutions in
countries it occupied during World War II and used such booty to
help finance their war of aggression.
(4) The Nazis' policy of looting art was a critical element and
incentive in their campaign of genocide against individuals of
Jewish and other religious and cultural heritage and, in this
context, the Holocaust, while standing as a civil war against
defined individuals and civilized values, must be considered a
fundamental aspect of the world war unleashed on the continent.
(5) Hence, the same international legal principles applied
among states should be applied to art and other assets stolen from
victims of the Holocaust.
(6) In the aftermath of the war, art and other assets were
transferred from territory previously controlled by the Nazis to
the Union of Soviet Socialist Republics, much of which has not been
returned to rightful owners.
SEC. 202. SENSE OF THE CONGRESS REGARDING RESTITUTION OF PRIVATE
PROPERTY, SUCH AS WORKS OF ART.
It is the sense of the Congress that consistent with the 1907 Hague
Convention, all governments should undertake good faith efforts to
facilitate the return of private and public property, such as works of
art, to the rightful owners in cases where assets were confiscated from
the claimant during the period of Nazi rule and there is reasonable
proof that the claimant is the rightful owner.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | TABLE OF CONTENTS:
Title I: Heirless Assets
Title II: Works of Art
Holocaust Victims Redress Act -
Title I: Heirless Assets
- Directs the President to direct the commissioner representing the United States on the Tripartite Commission for the Restitution of Monetary Gold to seek and vote for a timely agreement under which all signatories to the Paris Agreement on Reparation with claims against the monetary gold pool in the Commission's jurisdiction contribute all or a substantial portion of such gold to charitable organizations to assist survivors of the Holocaust.
Authorizes the President to obligate up to $30 million for such distribution.
Authorizes appropriations, including appropriations for archival research to assist in the restitution of assets looted or extorted from victims of the Holocaust and such other activities that would further Holocaust remembrance and education.
Title II: Works of Art
- Expresses the sense of the Congress that, consistent with the 1907 Hague Convention, all governments should undertake good faith efforts to facilitate the return of private and public property, such as works of art, to the rightful owners in cases where assets were confiscated from the claimant during the period of Nazi rule and there is reasonable proof that the claimant is the rightful owner. | {"src": "billsum_train", "title": "Holocaust Victims Redress Act"} | 1,739 | 285 | 0.592686 | 1.975374 | 0.629473 | 6.723404 | 6.791489 | 0.919149 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Exemption for Washington from
Obamacare Act''.
SEC. 2. HEALTH INSURANCE COVERAGE FOR CERTAIN CONGRESSIONAL STAFF AND
MEMBERS OF THE EXECUTIVE BRANCH.
Section 1312(d)(3)(D) of the Patient Protection and Affordable Care
Act (42 U.S.C. 18032(d)(3)(D)) is amended--
(1) by striking the subparagraph heading and inserting the
following:
``(D) Members of congress, congressional staff, and
political appointees in the exchange.--'';
(2) in clause (i), in the matter preceding subclause (I)--
(A) by striking ``and congressional staff with''
and inserting ``, congressional staff, the President,
the Vice President, and political appointees with'';
and
(B) by striking ``or congressional staff shall''
and inserting ``, congressional staff, the President,
the Vice President, or a political appointee shall'';
(3) in clause (ii)--
(A) in subclause (II), by inserting after
``Congress,'' the following: ``of a committee of
Congress, or of a leadership office of Congress,''; and
(B) by adding at the end the following:
``(III) Political appointee.--In
this subparagraph, the term `political
appointee' means any individual who--
``(aa) is employed in a
position described under
sections 5312 through 5316 of
title 5, United States Code
(relating to the Executive
Schedule);
``(bb) is a limited term
appointee, limited emergency
appointee, or noncareer
appointee in the Senior
Executive Service, as defined
under paragraphs (5), (6), and
(7), respectively, of section
3132(a) of title 5, United
States Code;
``(cc) is employed in a
position in the executive
branch of the Government of a
confidential or policy-
determining character under
schedule C of subpart C of part
213 of title 5 of the Code of
Federal Regulations; or
``(dd) is employed in or
under the Executive Office of
the President in a position
that is excluded from the
competitive service by reason
of its confidential, policy-
determining, policy-making, or
policy-advocating character.'';
and
(4) by adding at the end the following:
``(iii) Government contribution.--No
Government contribution under section 8906 of
title 5, United States Code, shall be provided
on behalf of an individual who is a Member of
Congress, a congressional staff member, the
President, the Vice President, or a political
appointee for coverage under this paragraph.
``(iv) Limitation on amount of tax credit
or cost-sharing.--An individual enrolling in
health insurance coverage pursuant to this
paragraph shall not be eligible to receive a
tax credit under section 36B of the Internal
Revenue Code of 1986 or reduced cost-sharing
under section 1402 of this Act in an amount
that exceeds the total amount for which a
similarly situated individual (who is not so
enrolled) would be entitled to receive under
such sections.
``(v) Limitation on discretion for
designation of staff.--Notwithstanding any
other provision of law, a Member of Congress
shall not have discretion in determinations
with respect to which employees employed by the
office of such Member are eligible to enroll
for coverage through an Exchange.''. | No Exemption for Washington from Obamacare Act Amends the Patient Protection and Affordable Care Act (PPACA) to extend the requirement for participation in the American Health Benefit Exchange (a state health insurance exchange created by PPACA) to the President, Vice President, executive branch political appointees, and employees of congressional committees and leadership offices of Congress (currently, this requirement applies to Members of Congress and their staff). Prohibits any government contribution to or subsidy for the health insurance coverage of such officials and employees. | {"src": "billsum_train", "title": "No Exemption for Washington from Obamacare Act"} | 812 | 112 | 0.493787 | 1.306225 | 0.652035 | 1.789474 | 7.6 | 0.8 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Philippines Human
Rights Accountability and Counternarcotics 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. Findings.
Sec. 3. Policy statements.
Sec. 4. Definition.
Sec. 5. Restriction on assistance to the Philippine National Police.
Sec. 6. Leahy vetting report on foreign assistance cases related to the
Philippine National Police.
Sec. 7. Report on Chinese and other sources of narcotics to the
Philippines.
Sec. 8. Human rights, democracy, and public health promotion.
Sec. 9. Report on United States military assistance and arms transfers
to the Philippines.
Sec. 10. Report on plans for Philippines partner capacity building.
SEC. 2. FINDINGS.
(1) On August 28, 2016, Archbishop of Manila Luis Antonio
Cardinal Tagle said, in response to the extrajudicial killings
in the Philippines, ``I know that the big issue nowadays is the
recent spate of killings--which, they say, afflicts even those
not guilty, the innocent--but whether a person is guilty or
not, life should be cared for and respected.''.
(2) The Department of State's 2017 Human Rights Report,
released on March 3, 2017--
(A) states that ``police and unknown vigilantes
have killed more than 6,000 suspected drug dealers and
users'' in the Philippines between July and December
2016, a period during which extrajudicial killings
``increased sharply''; and
(B) chronicles the environment for extrajudicial
killings allegedly undertaken by vigilantes, security
forces, and insurgents and the ``apparent governmental
disregard for human rights and due process; and a weak
and overburdened criminal justice system''.
(3) On January 31, 2017, Amnesty International reported,
``Since President Rodrigo Duterte took office in June 2016,
there has been a relentless campaign of violence against
alleged drug offenders, incited by the President and his
administration. More than 7,000 people have been killed,
roughly one-third during formal police operations and the rest
by unknown shooters who often arrive masked and on motorbike to
kill specific people.''.
(4) Human Rights Watch has reported that since President
Duterte took office, police and unidentified gunmen together
have killed more than 7,000 suspected drug users and dealers,
with police officials themselves claiming to have killed almost
3,000 in ``encounters'' with supposed drug sellers or users.
The police have attributed 3,271 other killings to
``vigilantes'' and drug gangs, although Human Rights Watch
research suggests that many of these cases may also entail
police and police agent involvement in extrajudicial
executions.
(5) On February 14, 2017, national police chief Ronald Dela
Rosa announced that he was suspending anti-narcotics operations
after a South Korean businessman was killed at national police
headquarters.
(6) On February 23, 2017, an arrest warrant was issued
against Philippines Senator Leila de Lima for alleged
involvement in drug trafficking. The prosecution of de Lima
came following her repeated criticism of the Duterte
administration for its conduct of the drug war, her holding of
Senate hearings where alleged former members of a death squad
testified that Duterte participated in extrajudicial killings
in Davao City when he was mayor, and repeated threats against
her from Duterte and his allies.
(7) On December 16, 2016, Reuters reported, ``China isn't
only a source of meth expertise--it is also the biggest source
of the meth and of the precursor chemicals used to produce the
synthetic drug that are being smuggled into the Philippines,
according to local drug enforcement officials. `It's safe to
say that the majority of the meth we have comes from China,'
said Philippine Drug Enforcement Agency spokesman Derrick
Carreon.''.
SEC. 3. POLICY STATEMENTS.
It is the policy of the United States--
(1) to reaffirm its commitment and support for the
Philippines, including the longstanding United States policy
regarding Article V of the United States-Philippines Mutual
Defense Treaty, signed at Washington August 30, 1951 (3 UST
3947);
(2) to work with the Philippines to promote economic growth
and development through--
(A) programs such as the Partnership for Growth,
which seeks to strengthen regulatory quality, fiscal
management, and human capacity development in the
Philippines; and
(B) other appropriate bilateral and multilateral
economic development and trade initiatives;
(3) to work with the Philippines to support a public health
approach to substance abuse, drug addiction, and the illegal
use of narcotics utilizing comprehensive, voluntary, and
community-based treatment and rehabilitation programs in line
with international standards;
(4) to support the people of the Philippines in their
efforts--
(A) to strengthen the rule of law and anti-
corruption measures;
(B) to further effective judicial and legal
institutions; and
(C) to promote human rights and civil society.
(5) to expand opportunities for more robust cooperative
security assistance programs, particularly programs involving
maritime security and maritime domain awareness;
(6) to pursue and coordinate robust cooperative security
assistance programs for capacity building of the Philippines to
establish a credible defense posture, and to support counter-
terrorism and maritime law enforcement;
(7) to coordinate closely on the implementation of the
Enhanced Defense Cooperation Agreement, a mutually beneficial
agreement that will--
(A) enhance the United States ability to provide
rapid humanitarian assistance; and
(B) help build capacity for the modernization of
the Armed Forces of the Philippines;
(8) to enhance military-to-military cooperation and inter-
operability through joint exercises, capacity-building, and
intelligence sharing and support work to establish a robust
information security program, which will lead to achieving a
General Security of Military Information Agreement; and
(9) to enhance cybersecurity cooperation between the United
States and the Philippines.
SEC. 4. DEFINITION.
In this Act, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Armed Services of the Senate;
(3) the Committee on Appropriations of the Senate;
(4) the Committee on Foreign Affairs of the House of
Representatives;
(5) the Committee on Armed Services of the House of
Representatives; and
(6) the Committee on Appropriations of the House of
Representatives.
SEC. 5. RESTRICTION ON ASSISTANCE TO THE PHILIPPINE NATIONAL POLICE.
(a) In General.--Subject to subsections (b) through (d), no defense
articles or defense services may be exported, and no licenses for
export of any item controlled by the United States for law enforcement,
riot control, or related purposes may be issued, for the use of the
Philippine National Police or entities associated with the Philippine
National Police.
(b) Exceptions.--The restrictions under subsection (a) shall not
apply to the exportation of defense articles or the provision of
training for maritime law enforcement (Coast Guard drug interdiction),
criminal justice programs, human rights training, and counter-terrorism
programs for use of the Philippine National Police.
(c) Waiver.--The President may waive the restrictions under
subsection (a), on a case-by-case basis, if--
(1) the President determines that the export of such item
or service is in the national interest of the United States;
and
(2) the President notifies the appropriate congressional
committees of the determination under paragraph (1), including
the justification for such determination, at least 30 days
before invoking such waiver.
(d) Sunset.--
(1) In general.--The restrictions under subsection (a)
shall terminate on--
(A) the date that is 5 years after the date of the
enactment of this Act; or
(B) the date set forth in paragraph (2) if the
President determines that--
(i) the Philippine National Police and its
associated entities have been sufficiently
reformed; and
(ii) sufficient safeguards, reporting,
investigatory, and judicial measures have been
established to prevent recurrent human rights
abuses.
(2) Notice.--The date set forth in this paragraph is 30
days after the President notifies the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs of
the House of Representatives that the President has made the
determination described in paragraph (1)(B) and provides such
committees with justification for such determination.
SEC. 6. LEAHY VETTING REPORT ON FOREIGN ASSISTANCE CASES RELATED TO THE
PHILIPPINE NATIONAL POLICE.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, and annually thereafter until 5 years after the
date of the enactment of this Act, the Secretary of State shall submit
a report to the appropriate congressional committees on foreign
assistance cases related to the Philippine National Police, or entities
associated with the Philippine National Police, submitted for vetting
for purposes of section 620M of the Foreign Assistance Act of 1961 (22
U.S.C. 2378d) during the preceding fiscal year, including--
(1) the total number of cases related to the Philippine
National Police submitted, approved, suspended, or rejected for
human rights reasons; and
(2) for cases rejected, a description of the steps taken to
assist the foreign government in taking effective measures to
bring the responsible members of the security forces to
justice, in accordance with section 620M(c) of such Act.
(b) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may be accompanied by a classified
annex.
SEC. 7. REPORT ON CHINESE AND OTHER SOURCES OF NARCOTICS TO THE
PHILIPPINES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter, the Secretary of State,
with the concurrence of the Administrator of the Drug Enforcement
Administration and the Secretary of Defense, shall submit a report to
the appropriate congressional committees that describes, for the
previous calendar year--
(1) Chinese and other sources of narcotics and precursor
chemicals to produce narcotics in the Philippines; and
(2) Chinese and other sources of expertise for the
production of narcotics in the Philippines.
(b) Form.--Each report under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
SEC. 8. HUMAN RIGHTS, DEMOCRACY, AND PUBLIC HEALTH PROMOTION.
Of the amounts made available for the Department of State and the
United States Agency for International Development to support global
health and civil society, including human rights defenders, and to
promote the rule of law and good governance in fiscal years 2017 and
2018, up to $25,000,000 may be used to support human rights, democracy,
and public health in the Philippines, including--
(1) supporting Filipino defenders of human rights;
(2) assisting victims of human rights violations;
(3) responding to human rights emergencies;
(4) promoting and encouraging the rule of law, including
the support for nongovernmental organizations in the
Philippines;
(5) promoting a public health approach to substance abuse,
drug addiction, and the illegal use of narcotics utilizing
comprehensive, voluntary, and community-based treatment and
rehabilitation programs that are consistent with international
standards; and
(6) carrying out such other related activities as are
consistent with paragraphs (1) through (5).
SEC. 9. REPORT ON UNITED STATES MILITARY ASSISTANCE AND ARMS TRANSFERS
TO THE PHILIPPINES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, with the concurrence of
the Secretary of Defense, shall submit a classified report to the
appropriate congressional committees on whether--
(1) United States military assistance, cooperation,
security assistance, and arms transfers (including items
prohibited under section 5, and any defense or other items or
services controlled for export by the United States that have
been provided for the use of the Philippine National Police and
its associated entities) are used by the Philippine National
Police and its associated entities--
(A) to commit gross violations of human rights; or
(B) in violation of other United States laws
applicable to United States military or security
assistance, cooperation, and arms transfers that are
related to human rights and preventing human rights
violations; and
(2) the United States has the ability--
(A) to determine whether United States military
assistance and arms transfers are used to commit gross
violations of human rights;
(B) to detect other violations of United States law
concerning United States military or security
assistance, cooperation, and arms transfers, including
the diversion of such assistance or the use of such
assistance by security force or police units credibly
implicated in gross human rights violations; and
(C) to determine whether individuals or units that
have received United States military, security, or
police training or have participated or are scheduled
to participate in joint exercises with United States
forces have been credibly implicated in gross human
rights violations.
(b) Technology Transfer Status Report.--Not later than 90 days
after the date of the enactment of this Act, the Secretary of State
shall submit a report to the appropriate congressional committees, in
unclassified form to the maximum extent possible, that summarizes the
status of the Defense Security Cooperation Agency's efforts to
implement the End-Use Monitoring Enhancement Plan relating to
government-to-government transfers and commercial sales of defense
articles, defense services, law enforcement articles, law enforcement
services, and related technologies.
SEC. 10. REPORT ON PLANS FOR PHILIPPINES PARTNER CAPACITY BUILDING.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of State, with the concurrence of the Secretary of
Defense, shall submit a classified report to the appropriate
congressional committees that includes a plan that describes, for each
of the 6-month, 1-year, and 5-year periods beginning on the date of
such report--
(1) partner capacity building assistance to the Philippines
to enhance maritime capabilities, respond to emerging threats,
and maintain freedom of operations in international waters and
airspace in the Asia-Pacific maritime domains;
(2) recommendations, if any, for additional foreign
military sales, foreign military financing, and international
military education and training to be made available to the
Philippines, including--
(A) any necessary updates to the report detailing
steps taken by the Government of the Philippines to
investigate and prosecute army personnel involved in
human rights violations, as required by Senate Report
114-79; and
(B) an assessment of the commitment of the
Government of the Philippines to international human
rights conventions; and
(3) how the assistance referred to in paragraph (1) will be
implemented in accordance with appropriate human rights laws,
including--
(A) the regular process for vetting participants in
security assistance and training programs funded by the
United States under section 620M of the Foreign
Assistance Act of 1961 (22 U.S.C. 2378d); and
(B) the restrictions on assistance to foreign
security forces set forth in section 362 of title 10,
United States Code. | Philippines Human Rights Accountability and Counternarcotics Act of 2017 This bill prohibits exporting defense articles or services, or issuing licenses for export of any item controlled by the United States for law enforcement, riot control, or related purposes, for use by the Philippine National Police or associated entities, with exceptions for the exportation of defense articles or the provision of training for maritime law enforcement, criminal justice programs, human rights training, or counter-terrorism programs for such police. The President may, with prior congressional notice, waive such restrictions in the U.S. national interest. The bill makes specified FY2017-FY2018 funds available to support human rights, democracy, and public health in the Philippines. The Department of State shall report to Congress: (1) annually for five years regarding foreign assistance cases related to the Philippine National Police or associated entities submitted for vetting for having committed human rights violations; (2) annually regarding Chinese and other sources of narcotics production in the Philippines; (3) regarding whether U.S. military assistance and arms transfers provided for such police are used to commit human rights violations or have been used in violation of other U.S. laws applicable to military or security assistance; and (4) regarding partner capacity building assistance to the Philippines to enhance maritime capabilities, respond to emerging threats, and maintain freedom of operations in international waters and airspace in the Asia-Pacific maritime domains. | {"src": "billsum_train", "title": "Philippines Human Rights Accountability and Counternarcotics Act of 2017"} | 3,346 | 289 | 0.491041 | 1.737397 | 0.675475 | 4.486792 | 11.988679 | 0.916981 |
SECTION. 1. CONVEYANCE OF PROPERTY IN UMNAK ISLAND, ALASKA.
(a) Authority To Convey.--Subject to the conditions set forth in
subsections (b) and (c)(3), the Secretary of the Interior shall convey
to the Chaluka Corporation, the Alaska Native Claims Settlement Act
village corporation for the Native Village of Nikolski, Umnak Island,
Alaska--
(1) Phase I lands, not later than September 30, 2002; and
(2) Phase II lands, upon completion of environmental
restoration by the Department of the Air Force following
written notification described in subsection (c)(1).
(b) Treatment as ANCSA Lands.--
(1) In general.--Any lands conveyed under subsection (a)
shall be deemed, at the time of conveyance, to be selected
under section 12(a) or (b) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1611(a) or (b)).
(2) Reprioritization of land selections.--The Chaluka
Corporation shall reprioritize its remaining selections under
the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.) upon the conveyance of both Phase I and Phase II lands
under this section.
(c) Environmental Restoration.--
(1) Air force notification.--The Secretary of the Air Force
shall send written notification to the Secretary of the
Interior as soon as environmental restoration of Phase II lands
is complete.
(2) Authorization for cleanup of power house land.--There
are authorized to be appropriated to the Secretary of the Air
Force such sums as are necessary to perform environmental
restoration of the contaminated land beneath and adjacent to
the power house owned by the Native Village of Nikolski,
Alaska.
(3) Federal government access.--The Chaluka Corporation
shall permit, without cost of the United States, reasonable
airfield landing and takeoff rights, and such rights of entry
as are necessary, to the United States Government, its agents,
and its employees for site investigation, environmental
restoration, and environmental monitoring of the former
Nikolski Radio Relay Site.
(d) Cemetery Lands.--There are authorized to be appropriated to the
Secretary of the Interior, to provide to the Chaluka Corporation, such
sums as are necessary to--
(1) move the graves from the cemetery now located beneath
the Nikolski airstrip and the land adjacent to the airstrip;
(2) relocate the graves to a location on Umnak Island
acceptable to the Chaluka Corporation and the Russian Orthodox
Church; and
(3) restore the airstrip to its original usable condition.
(e) Removal of Lands From Refuge.--
(1) In general.--Effective on the date of conveyance under
this section to the Chaluka Corporation of Phase I lands and
Phase II lands, respectively, such lands--
(A) are removed from the National Wildlife Refuge
System;
(B) shall not be considered to be part of the
Alaska Maritime National Wildlife Refuge; and
(C) shall not be subject to any laws pertaining to
lands within the boundaries of the Alaska Maritime
National Wildlife Refuge, including the conveyance
restrictions imposed by section 22(g) of the Alaska
Native Claims Settlement Act (43 U.S.C. 1621(g)), for
land in the National Wildlife Refuge System.
(2) Adjustment of boundaries.--The Secretary of the
Interior shall adjust the boundaries of the Alaska Maritime
National Wildlife Refuge in accordance with paragraph (1).
(f) Survey Requirements.--
(1) BLM surveys.--The Bureau of Land Management is not
required to conduct additional on-the-ground surveys as a
result of conveyances under this section, except that the
patent to the Chaluka Corporation may be based on protracted
section lines and lotting where the reprioritization under
subsection (b)(2) results in a change to the Chaluka
Corporation's final boundaries.
(2) Monumentation.--No additional monumentation is required
to complete the Chaluka Corporation's final entitlement.
(3) Survey of chaluka corporation lands.--Nothing in this
section relieves the Bureau of Land Management of its
obligation to survey lands conveyed to the Chaluka Corporation
under the Alaska Native Claims Settlement Act (43 U.S.C. 1601
et seq.). Any unsurveyed boundaries of the lands conveyed to
the Chaluka Corporation under this section shall be surveyed
and monumented by the Bureau of Land Management at the time it
performs its survey of the Corporation's final boundaries under
that Act.
(g) Definitions.--In this section:
(1) Former nikolski radio relay site.--The term ``former
Nikolski Radio Relay Site'' means Tracts A, B, and C of Public
Land Order 2374.
(2) Phase i lands.--The term ``Phase I lands'' means the
surface estate in Tract B of Public Land Order 2374, except--
(A) the power house area that requires
environmental restoration, the boundaries for which are
described generally as commencing at the point where
the southern boundary of such Tract B intersects with
the road accessing the Nikolski airstrip, then
meandering in a northeasterly direction along the
easterly boundary of that road until the road
intersects with the Nikolski airport fence, then
proceeding southeasterly along the airport fence to the
point where the fence turns due east, then due south to
the southern boundary of such Tract B, and then due
west along that southern boundary to the commencement
point;
(B) the contaminated area within Tract B of Public
Land Order 2374 located in the vicinity of the point
where the hazardous materials site fence intersects the
northern boundary of such Tract B;
(C) those portions of United States Survey 3890
that are within the boundaries of Tract B of Public
Land Order 2374;
(D) those portions of Tract B of United States
Survey 4904 that are within the boundaries of Tract B
of Public Land Order 2374; and
(E) Tract B of United States Survey 808.
(3) Phase ii lands.--The term ``Phase II lands'' means the
surface estate in--
(A) Tracts A and C of Public Land Order 2374; and
(B) the areas referred to in paragraphs (2)(A) and
(B). | Directs the Secretary of the Interior (the Secretary) to convey to the Chaluka Corporation, the Alaska Native Claims Settlement Act village corporation for the Native Village of Nikolski, Umnak Island, Alaska, the surface estate in: (1) specified Phase I lands in the former Nikolski Radio Relay Site by September 30, 2002; and (2) specified Phase II lands in such site, upon completion of environmental restoration by the Department of the Air Force.Deems any such lands conveyed to be selected under the Alaska Native Claims Settlement Act and requires the Chaluka Corporation to reprioritize its remaining selections under such Act.Authorizes appropriations to the Secretary of the Air Force for the environmental restoration of the contaminated land beneath and adjacent to the power house owned by the Native Village.Requires the Corporation to permit airfield landing and takeoff rights and such rights of entry as are necessary to the Government for site investigation, environmental restoration, and environmental monitoring of the Site.Authorizes appropriations to the Secretary for the Corporation to: (1) move the graves from the cemetery now located beneath the Nikolski airstrip and land adjacent to it; (2) relocate such graves to a location on Umnak Island acceptable to the Corporation and the Russian Orthodox Church; and (3) restore such airstrip to its original usable condition.Removes such conveyed lands from the National Wildlife Refuge System and provides that they shall not be considered to be part of the Alaska maritime National Wildlife Refuge or subject to any laws pertaining to Refuge lands. | {"src": "billsum_train", "title": "To provide for the conveyance of certain property in the State of Alaska, and for other purposes."} | 1,411 | 340 | 0.792219 | 2.946942 | 0.910186 | 5.136842 | 4.280702 | 0.961404 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Health Care Subsidies for Illegal
Aliens Act of 2011''.
SEC. 2. PROCEDURES FOR ELIGIBILITY DETERMINATIONS UNDER TITLE I OF THE
PATIENT PROTECTION AND AFFORDABLE CARE ACT.
(a) Requirements for In-Person Attestation of Citizenship Status or
Status as Eligible Lawful Permanent Resident.--Section 1411 of the
Patient Protection and Affordable Care Act is amended--
(1) in subsection (a), by striking ``Establishment of
Program.--'' and all that follows through ``determining--'' and
inserting ``Verification Process.--The Secretary shall ensure
that eligibility determinations required by this Act are
conducted in accordance with the requirements of this section,
including requirements for determining--'';
(2) in subsection (a)(1), by inserting ``eligible'' before
``alien''; and
(3) in subsection (b)(1)--
(A) by striking ``provide--'' and inserting
``appear in person to provide the Exchange with the
following:''; and
(B) by redesignating subparagraph (B) as
subparagraph (C), by striking ``and'' at the end of
subparagraph (A), and by inserting after subparagraph
(A) the following:
``(B) a sworn statement, under penalty of perjury,
specifically attesting to the fact that the enrollee is
either--
``(i) a citizen or national of the United
States; or
``(ii) an alien who meets the requirements
under under subsection (a)(1) for eligibility
for coverage under a qualified health plan
offered through an Exchange; and''.
(b) Requirements for Establishment of Status.--
(1) In general.--Section 1411(b)(2) of such Act is amended
by striking subparagraphs (A) and (B) and inserting the
following:
``(A) Evidence of citizenship or nationality.--In
the case of an enrollee whose eligibility is based on
attestation of citizenship of the enrollee,
satisfactory documentary evidence, provided by the
applicant, of citizenship or nationality (within the
meaning of section 1903(x) of the Social Security Act
(42 U.S.C. 1396b)).
``(B) Evidence of satisfactory immigration
status.--In the case of an enrollee whose eligibility
is based on attestation of the enrollee's immigration
status--
``(i) such information as is necessary for
the applicant to demonstrate that the enrollee
is in ``satisfactory immigration status'' as
defined and in accordance with the Systematic
Alien Verification for Entitlements (SAVE)
program established by section 1137 of the
Social Security Act (42 U.S.C. 1320b-7), and
``(ii) such other additional identifying
information as the Secretary, in consultation
with the Secretary of Homeland Security, may
require in order for the applicant to
demonstrate satisfactory immigration status of
the enrollee.''.
(2) Verification of eligibility by exchange through
documentation.--
(A) Eligibility verification by exchange.--Section
1411(c) of such Act is amended--
(i) by striking the subsection heading and
inserting ``Verification of Eligibility Through
Documentation.--''; and
(ii) by striking paragraphs (1) and (2) and
inserting the following:
``(1) In general.--Each Exchange shall conduct eligibility
verification, using the information provided by an applicant
under subsection (b), in accordance with this subsection.
``(2) Verification of citizenship or immigration status.--
``(A) Verification of attestation of citizenship.--
Each Exchange shall verify, based on satisfactory
documentary evidence of citizenship or nationality
provided in accordance with subsection (b)(2)(A), the
eligibility for enrollment of each individual who has
been attested by an applicant, as required by
subsection (b)(1)(B), to be a citizen or national of
the United States.
``(B) Verification of attestation of eligible
immigration status.--Each Exchange shall verify, based
on evidence provided pursuant to subsection (b)(2)(B),
the eligibility for enrollment of each individual who
has been attested by an applicant, as required by
subsection (b)(1)(B), to be an alien who is eligible
for coverage under a qualified health plan offered
through an Exchange.''.
(B) Documentation provided with application.--
Section 1411(b)(1)(C) of such Act (as redesignated
under subsection (a)(3)(A)) is amended by inserting
``and documentation thereof in accordance with this
section'' before the period.
(3) Elimination of secretarial authority to make
modifications to methods for verification.--Section 1411(c)(4)
of such Act is amended--
(A) by striking ``Methods.--'' and all that follows
through ``The Secretary, in consultation'' and
inserting ``Methods.--The Secretary, in consultation'';
(B) by striking subparagraph (B); and
(C) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively.
(4) Conforming amendments relating to requirements for
secretarial verification.--
(A) In general.--Section 1411 of such Act is
amended by striking subsection (d) and redesignating
subsections (e) through (i) as subsections (d) through
(h), respectively.
(B) Additional conforming amendments.--Subsection
(d) of such section 1411 (as redesignated by
subparagraph (A)) is amended--
(i) in paragraph (1), by striking the last
sentence; and
(ii) in subparagraphs (A) and (B) of
paragraph (2), by striking ``subsections (c)
and (d)'' each place it appears and inserting
``subsection (c)''.
(5) Treatment of inconsistencies in accordance with
existing process.--Section 1411(d)(3) of such Act (as
redesignated by paragraph (4)(A)) is amended by striking
``under section 1902(ee) of the Social Security Act (as in
effect on January 1, 2010)'' and inserting ``pursuant to the
verification process established consistent with section 1137
of the Social Security Act (as in effect as of January 1,
2011)''.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall apply as if included in the
enactment of the Patient Protection and Affordable Care Act. | No Health Care Subsidies for Illegal Aliens Act of 2011 - Amends the Patient Protection and Affordable Care Act (PPACA) to revise the procedures for determining eligibility for participation in a state health care insurance exchange (Exchange), with respect to citizenship or immigration status, to: (1) require an applicant for enrollment in a qualified health plan (enrollee) to appear in person at an Exchange and submit a sworn statement, under penalty of perjury, that the enrollee is a citizen or national of the United States or an eligible alien; (2) expand the documentary evidence that enrollees must submit for purposes of verifying eligibility; (3) require Exchanges (currently, the Secretary of Health and Human Services [HHS]) to verify citizenship or immigration status of enrollees based on satisfactory documentary evidence; (4) eliminate the authority of the Secretary to modify the methods used to verify enrollee eligibility; and (5) eliminate provisions authorizing the Secretary to verify the accuracy of submitted information. Applies this Act as if included in the enactment of PPACA. | {"src": "billsum_train", "title": "To amend title I of the Patient Protection and Affordable Care Act to provide for appropriate procedures under such title for verification of citizenship status."} | 1,542 | 240 | 0.618596 | 1.69251 | 0.821838 | 2.45098 | 6.264706 | 0.823529 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Comprehensive Crime-Free
Communities Act''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to encourage strategic data-driven planning that is
collaborative, involving multiple local organizations, and to
develop comprehensive, involving crosscutting crime, violence
and substance abuse prevention strategies;
(2) to encourage the establishment of performance standards
and goals for crime prevention and crime reduction;
(3) to establish program elements that are anchored in the
fundamental belief that crime prevention is everybody's
business;
(4) to promote strategies that involve--
(A) grassroots communities in problem
identification and problem-solving;
(B) policymakers in order to provide leadership in
creating systemic or environmental change that will
promote community well being;
(C) State agencies in providing coordinated,
comprehensive, and innovative approaches to preventing
crime, violence, and drug abuse; and
(D) local leaders, experts, and representatives of
organizations in providing consultation on planning and
program outcomes;
(5) to improve on previous initiatives that have focused
efforts on geographically defined areas in communities or
States (e.g., Weed and Seed and High Intensity Drug-Trafficking
Areas) and have been limited to a small number of enforcement
or intervention strategies by encouraging communities to focus
on prevention strategies that are jurisdiction-wide;
(6) to promote efforts and programs that utilize
nontraditional and innovative crime prevention strategies that
address the causes of crimes as well as reducing the
opportunities for crime; and
(7) to encourage the use of the best in comprehensive
prevention practice, policy, and strategies.
SEC. 3. PROGRAM ADMINISTRATION.
(a) Attorney General Responsibilities.--In carrying out this Act,
the Attorney General shall--
(1) make and monitor grants to grant recipients;
(2) provide through the offices of the National Crime
Prevention Council technical assistance and training, data
collection, and dissemination of information on state-of-the-
art research-grounded practices that the Attorney General
determines to be effective in preventing and reducing crime,
violence, and drug abuse;
(3) provide for the general administration of programs
authorized by this Act;
(4) provide for the evaluation of this Act and assess the
effectiveness of comprehensive planning in the prevention of
crime, violence, and drug abuse;
(5) provide for a comprehensive communications strategy to
inform the public as well as State and local governments of
programs authorized by this Act and their purpose and intent;
(6) coordinate with other Federal agencies involved in
crime and drug prevention programming and utilize research or
effective programs, principles, and prevention practices;
(7) establish a National Crime-Free Communities Commission
to advise, consult with, and make recommendations to the
Attorney General concerning activities carried out under this
Act;
(8) establish the National Center for Justice Planning in a
national organization representing state criminal justice
executives that will:
(A) provide technical assistance and training to
state criminal justice agencies in implementing
policies and programs to facilitate community-based
strategic planning processes;
(B) establish a resource collection of best
practices for state-wide community-based criminal
justice planning; and
(C) consult with the National Crime Prevention
Council in providing states training in comprehensive
strategic planning.
(b) Authorization of Appropriations.--There are authorized to be
appropriated $5,000,000 to the Attorney General for the fiscal years
2002 through 2006 as follows:
(1) $4,500,000 will be for the National Crime Prevention
Council to assist states and communities in providing training,
technical assistance, and setting benchmarks; and
(2) $500,000 will be for the establishment and operation of
the National Center for Justice Planning.
(c) Program Administration.--Up to three percent of program funds
appropriated for Community Grants in section (6) and State Capacity
Building grants in section (7) may be used by the Attorney General to
administer this program.
SEC. 4. FOCUS.
Programs carried out by States and local communities under this Act
shall include a specialized focus on neighborhoods and schools
disproportionately affected by crime, violence, and drug abuse.
SEC. 5. DEFINITIONS.
In this Act:
(1) Collaboration.--The term ``collaboration'' is the joint
planning of policies by organizations inclusive of multiple
sectors, in the development and implementation of comprehensive
solutions to crime, violence, and substance abuse.
(2) Community.--The term ``community'' means any urban or
rural area that possesses 1 or more governmental jurisdictions
that can develop collaborations for the purposes of preventing
and reducing crime, violence, and substance abuse.
(3) Comprehensive.--The term ``comprehensive'' means a
continuum of policies and strategies that are crosscutting and
shall include the activities of prevention, education,
treatment, law enforcement, and after-care.
(4) Crime prevention plan.--The term ``crime prevention
plan'' means a strategy that has measurable long-term goals and
short-term objectives that--
(A) addresses the problems of crime, violence, and
substance abuse for a jurisdiction, which may include
the problems of terrorism, developed through an
interactive and collaborative process that includes
senior representatives of law enforcement and the local
chief executive's office as well as representatives of
such groups as other agencies of local government
(including physical and social service providers),
nonprofit organizations, business leaders, religious
leaders, citizens leaders, and representatives of
community and neighborhood groups,
(B) establishes interim and final benchmark
measures for each prevention objective and strategy,
and
(C) includes a monitoring and assessment mechanism
for implementation of the plan.
(5) Prevention.--The term ``prevention'' means programs,
practices, and strategies affecting attitudes and behaviors and
directed at reducing crime and enhancing the sense of safety
and security, to positively influence the quality of life in
our society, and to help develop environments where crime
cannot flourish.
(6) Terrorism.--The term ``terrorism'' in the context of a
Crime Prevention Plan refers to planning for the prevention of,
protection from, and response to a terrorist attack.
(7) Special populations.--The term ``special populations''
refers to representatives of any group or groups of minority or
Native American populations.
(8) State.--For purposes of this Act, state is defined to
include each of the fifty states and the District of Columbia.
SEC. 6. COMMUNITY GRANTS.
(a) Grants Authorized.--
(1) In general.--The Attorney General shall award grants to
at least 100 communities or the designee of a community [a
501(c)(3) organization] in an amount not to exceed $250,000 per
year for the planning, evaluation, and implementation of a
program designed to prevent and reduce crime, violence, and
substance abuse.
(2) Limitation.--Of the amount of a grant awarded under
this section in any given year--
(A) not more than $125,000 may be used for the
planning or evaluation component of the program; and
(B) the balance of the funds shall be awarded as
the program implementation component required under
subsection (b) upon demonstration by the applicant that
the planning has been accomplished by the applicant
prior to the submission by that applicant of an
application for a grant under this section.
(b) Use of Funds.--
(1) Planning component.--
(A) In general.--A community grant awarded under
this section may be used by a community to develop
comprehensive planning processes.
(B) Availability.--A grant may be awarded under
this paragraph to a community during the first 2 years
of the funding of that community.
(C) Matching requirement.--The Federal share of a
grant under this paragraph shall not exceed--
(i) 0 percent in the first year; and
(ii) 80 percent in the second year.
(2) Evaluation component.--
(A) In general.--A community grant awarded under
this section may be used by a community to support on-
going evaluation of program planning and
implementation.
(B) Matching requirement.--The Federal share of a
grant under this paragraph shall not exceed 80 percent
during each funding year.
(3) Program implementation component.--
(A) In general.--A community grant under this
section may be used by a community to support specific
programs or projects that are consistent with the local
Crime Prevention Plan.
(B) Availability.--A grant shall be awarded under
this paragraph to a community that has developed a
specific Crime Prevention Plan and program outline.
(C) Matching requirement.--The federal share of a
grant under this paragraph shall not exceed--
(i) 80 percent in the first year;
(ii) 60 percent in the second year;
(iii) 40 percent in the third year;
(iv) 20 percent in the fourth year; and
(v) 20 percent in the fifth year.
(D) Data set-aside.--A community may use up to 5
percent of the grant to assist it in collecting local
data related to the costs of crime, violence, and
substance abuse for purposes of supporting its Crime
Prevention Plan.
(c) Application.--
(1) In general.--An applicant for a community grant under
this section shall--
(A) submit to the Attorney General, a list of
collaborating agencies and organizations that
demonstrate the comprehensive and inclusive nature of
the application of the applicant;
(B) demonstrate how the planning and funding
collaboration systems of the applicant will prevent
crime, violence, and substance abuse;
(C) submit a program sustainability plan at the end
of the first year of the program of the applicant that
describes how the applicant will achieve program
sustainability following the fifth year of the program;
(D) certify for the program implementation
component required under subsection (b), that the
programs of the applicant are based on nationally
recognized research standards that have been tested in
local communities; and
(E) collaborate and obtain the approval and support
of the State agency designated by the Governor of that
State in the development of the comprehensive
prevention plan of the applicant.
(2) Consideration.--The Attorney General may give
additional consideration in the grant review process to an
applicant with an officially designated Weed and Seed site
seeking to expand from a neighborhood to community-wide
strategies.
(3) Rural communities.--The Attorney General shall give
additional consideration in the grant review process to an
applicant from a rural or frontier area.
(d) Recipient Requirements.--A recipient of a grant under this
section shall demonstrate the ability of that recipient to--
(1) develop a local Crime-Free Communities Commission, a
broad-based, comprehensive collaboration of stakeholders, such
as local, State, and Federal criminal justice personnel, law
enforcement, schools, youth organizations, religious and other
community organizations, business and health care
professionals, parents, State, local, or tribal governmental
agencies, and other organizations;
(2) collect and disseminate research and findings;
(3) collect and report community demographic information
related to crime rates, violent crime, and substance abuse
patterns;
(4) sustain program elements after 5 years of Federal
funding; and
(5) include special populations.
(e) Waivers for Matching Requirement.--A community with an
officially designated Weed and Seed site may be provided a waiver by
the Attorney General for all matching requirements under this section
based on demonstrated financial hardship.
(f) Authorization of Appropriations.--There are authorized to be
appropriated $25,000,000 to carry out this section for the fiscal years
2002 through 2006.
SEC. 7. STATE CAPACITY BUILDING GRANTS.
(a) Grants Authorized.--
(1) In general.--The Attorney General shall award grants to
each State criminal justice agency, Byrne agency, or other
agency as designated by the Governor of that State and approved
by the Attorney General of the United States, in an amount not
to exceed $400,000 per year to develop State capacity to assist
local communities in the prevention and reduction of crime,
violence, and substance abuse.
(b) Use of Funds.--
(1) A state capacity building grant shall be used to
develop a statewide strategic plan as defined in section (c)
below to prevent and reduce crime, violence, and substance
abuse;
(2) A State may also use grants to modify or remove
regulatory or other barriers to integrate service delivery;
provide training and technical assistance to communities; and
promote innovation in the development of policies,
technologies, and programs to prevent and reduce crime; and
(3) A State may use up to 5 percent of the grant to assist
grant recipients in collecting statewide data related to the
costs of crime, violence, and substance abuse for purposes of
supporting the statewide strategic plan.
(c) Statewide Strategic Prevention Plan.--
(1) In general.--A statewide strategic prevention plan
shall be used by the state to assist local communities, both
directly and through existing state programs and services, in
building comprehensive, strategic and innovative approaches to
reducing crime, violence, and substance abuse based on local
conditions and needs.
(2) Goals.--The plan must contain statewide long-term goals
and measurable annual objectives for reducing crime, violence,
and substance abuse.
(3) Accountability.--The state shall be required to develop
and report in its plan relevant performance targets and
measures for the goals and objectives to track changes in
crime, violence, and substance abuse.
(4) Consultation.--States shall constitute a state crime
free communities commission comprised of state and local
government, and community leaders who will provide advice and
recommendations on relevant community goals and objectives, and
performance targets and measures.
(d) Requirements.--
(1) Training and technical assistance.--The state shall
provide training and technical assistance, including such
assistance offered by the Attorney General of the United States
through the National Crime Prevention Council, to assist local
communities in developing Crime Prevention Plans that reflect
statewide strategic goals and objectives, and performance
targets and measures.
(2) Reports.--The state shall be required to report its
statewide strategic plan to the Attorney General that includes
evidence of--
(A) involvement of relevant state-level agencies to
assist communities in the development and
implementation of their Crime Prevention Plans;
(B) support for local applications for Community
Grants; and
(C) community progress toward reducing crime,
violence, and substance abuse.
(3) Certification.--Beginning in the third year of the
program, states must certify that the local grantee's project
funded under the community grant is generally consistent with
statewide strategic goals and objectives, and performance
targets and measures.
(e) Authorization of Appropriations.--There are authorized to be
appropriated $20,000,000 to carry out this section for the fiscal years
2002 through 2006. | National Comprehensive Crime-Free Communities Act - Directs the Attorney General to: (1) make and monitor grants to grant recipients; (2) provide, through the offices of the National Crime Prevention Council, technical assistance and training, data collection, and dissemination of information on state-of-the-art research-grounded practices that the Attorney General determines to be effective in preventing and reducing crime, violence, and drug abuse; (3) provide for the general administration of programs authorized by this Act, the evaluation of this Act, and a comprehensive communication strategy to inform the public and State and local governments of such programs; (4) coordinate with other Federal agencies; and (5) establish a National Crime-Free Communities Commission, the National Center for Justice Planning, and a resource collection of best practices for State-wide community-based criminal justice planning.Requires that programs carried out by States and local communities under this Act include a specialized focus on neighborhoods and schools disproportionately affected by crime, violence, and drug abuse.Directs the Attorney General to award matching grants to: (1) at least 100 communities or the designee of a community of up to $250,000 per year for the planning, evaluation, and implementation of a program designed to prevent and reduce crime, violence, and substance abuse; and (2) each State criminal justice agency, Byrne agency, or other agency as designated by the Governor of that State and approved by the Attorney General of up to $400,000 per year to develop State capacity to assist local communities in such efforts. | {"src": "billsum_train", "title": "To increase community capacity and commitment to promote and support local comprehensive strategies and traceable actions to prevent and reduce crime, violence, and substance abuse through prevention, education, treatment, law enforcement, and continuing care activities."} | 3,115 | 318 | 0.724997 | 2.230995 | 0.953984 | 7.111475 | 10.02623 | 0.986885 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Employee Free Choice Act of 2007''.
SEC. 2. STREAMLINING UNION CERTIFICATION.
(a) In General.--Section 9(c) of the National Labor Relations Act
(29 U.S.C. 159(c)) is amended by adding at the end the following:
``(6) Notwithstanding any other provision of this section, whenever
a petition shall have been filed by an employee or group of employees
or any individual or labor organization acting in their behalf alleging
that a majority of employees in a unit appropriate for the purposes of
collective bargaining wish to be represented by an individual or labor
organization for such purposes, the Board shall investigate the
petition. If the Board finds that a majority of the employees in a unit
appropriate for bargaining has signed valid authorizations designating
the individual or labor organization specified in the petition as their
bargaining representative and that no other individual or labor
organization is currently certified or recognized as the exclusive
representative of any of the employees in the unit, the Board shall not
direct an election but shall certify the individual or labor
organization as the representative described in subsection (a).
``(7) The Board shall develop guidelines and procedures for the
designation by employees of a bargaining representative in the manner
described in paragraph (6). Such guidelines and procedures shall
include--
``(A) model collective bargaining authorization language
that may be used for purposes of making the designations
described in paragraph (6); and
``(B) procedures to be used by the Board to establish the
validity of signed authorizations designating bargaining
representatives.''.
(b) Conforming Amendments.--
(1) National labor relations board.--Section 3(b) of the
National Labor Relations Act (29 U.S.C. 153(b)) is amended, in
the second sentence--
(A) by striking ``and to'' and inserting ``to'';
and
(B) by striking ``and certify the results
thereof,'' and inserting ``, and to issue
certifications as provided for in that section,''.
(2) Unfair labor practices.--Section 8(b) of the National
Labor Relations Act (29 U.S.C. 158(b)) is amended--
(A) in paragraph (7)(B) by striking ``, or'' and
inserting ``or a petition has been filed under section
9(c)(6), or''; and
(B) in paragraph (7)(C) by striking ``when such a
petition has been filed'' and inserting ``when such a
petition other than a petition under section 9(c)(6)
has been filed''.
SEC. 3. FACILITATING INITIAL COLLECTIVE BARGAINING AGREEMENTS.
Section 8 of the National Labor Relations Act (29 U.S.C. 158) is
amended by adding at the end the following:
``(h) Whenever collective bargaining is for the purpose of
establishing an initial agreement following certification or
recognition, the provisions of subsection (d) shall be modified as
follows:
``(1) Not later than 10 days after receiving a written
request for collective bargaining from an individual or labor
organization that has been newly organized or certified as a
representative as defined in section 9(a), or within such
further period as the parties agree upon, the parties shall
meet and commence to bargain collectively and shall make every
reasonable effort to conclude and sign a collective bargaining
agreement.
``(2) If after the expiration of the 90-day period
beginning on the date on which bargaining is commenced, or such
additional period as the parties may agree upon, the parties
have failed to reach an agreement, either party may notify the
Federal Mediation and Conciliation Service of the existence of
a dispute and request mediation. Whenever such a request is
received, it shall be the duty of the Service promptly to put
itself in communication with the parties and to use its best
efforts, by mediation and conciliation, to bring them to
agreement.
``(3) If after the expiration of the 30-day period
beginning on the date on which the request for mediation is
made under paragraph (2), or such additional period as the
parties may agree upon, the Service is not able to bring the
parties to agreement by conciliation, the Service shall refer
the dispute to an arbitration board established in accordance
with such regulations as may be prescribed by the Service. The
arbitration panel shall render a decision settling the dispute
and such decision shall be binding upon the parties for a
period of 2 years, unless amended during such period by written
consent of the parties.''.
SEC. 4. STRENGTHENING ENFORCEMENT.
(a) Injunctions Against Unfair Labor Practices During Organizing
Drives.--
(1) In general.--Section 10(l) of the National Labor
Relations Act (29 U.S.C. 160(l)) is amended--
(A) in the second sentence, by striking ``If, after
such'' and inserting the following:
``(2) If, after such''; and
(B) by striking the first sentence and inserting
the following:
``(1) Whenever it is charged--
``(A) that any employer--
``(i) discharged or otherwise discriminated against
an employee in violation of subsection (a)(3) of
section 8;
``(ii) threatened to discharge or to otherwise
discriminate against an employee in violation of
subsection (a)(1) of section 8; or
``(iii) engaged in any other unfair labor practice
within the meaning of subsection (a)(1) that
significantly interferes with, restrains, or coerces
employees in the exercise of the rights guaranteed in
section 7;
while employees of that employer were seeking representation by
a labor organization or during the period after a labor
organization was recognized as a representative defined in
section 9(a) until the first collective bargaining contract is
entered into between the employer and the representative; or
``(B) that any person has engaged in an unfair labor
practice within the meaning of subparagraph (A), (B) or (C) of
section 8(b)(4), section 8(e), or section 8(b)(7);
the preliminary investigation of such charge shall be made forthwith
and given priority over all other cases except cases of like character
in the office where it is filed or to which it is referred.''.
(2) Conforming amendment.--Section 10(m) of the National
Labor Relations Act (29 U.S.C. 160(m)) is amended by inserting
``under circumstances not subject to section 10(l)'' after
``section 8''.
(b) Remedies for Violations.--
(1) Backpay.--Section 10(c) of the National Labor Relations
Act (29 U.S.C. 160(c)) is amended by striking ``And provided
further,'' and inserting ``Provided further, That if the Board
finds that an employer has discriminated against an employee in
violation of subsection (a)(3) of section 8 while employees of
the employer were seeking representation by a labor
organization, or during the period after a labor organization
was recognized as a representative defined in subsection (a) of
section 9 until the first collective bargaining contract was
entered into between the employer and the representative, the
Board in such order shall award the employee back pay and, in
addition, 2 times that amount as liquidated damages: Provided
further,''.
(2) Civil penalties.--Section 12 of the National Labor
Relations Act (29 U.S.C. 162) is amended--
(A) by striking ``Any'' and inserting ``(a) Any'';
and
(B) by adding at the end the following:
``(b) Any employer who willfully or repeatedly commits any unfair
labor practice within the meaning of subsections (a)(1) or (a)(3) of
section 8 while employees of the employer are seeking representation by
a labor organization or during the period after a labor organization
has been recognized as a representative defined in subsection (a) of
section 9 until the first collective bargaining contract is entered
into between the employer and the representative shall, in addition to
any make-whole remedy ordered, be subject to a civil penalty of not to
exceed $20,000 for each violation. In determining the amount of any
penalty under this section, the Board shall consider the gravity of the
unfair labor practice and the impact of the unfair labor practice on
the charging party, on other persons seeking to exercise rights
guaranteed by this Act, or on the public interest.''. | Employee Free Choice Act of 2007- Amends the National Labor Relations Act to require the National Labor Relations Board (NLRB) to certify a bargaining representative without directing an election if a majority of the bargaining unit employees have authorized designation of the representative (card-check) and there is no other individual or labor organization currently certified or recognized as the exclusive representative of any of the employees in the unit.
Sets forth special procedural requirements for reaching an initial collective bargaining agreement following certification or recognition.
Revises enforcement requirements with respect to unfair labor practices during union organizing drives, particularly a preliminary investigation of an alleged unfair labor practice (ULP) which may lead to proceedings for injunctive relief.
Requires that priority be given to a preliminary investigation of any charge that, while employees were seeking representation by a labor organization, or during the period after a labor organization was recognized as a representative until the first collective bargaining contract is entered into, an employer: (1) discharged or otherwise discriminated against an employee to encourage or discourage membership in the labor organization; (2) threatened to discharge or to otherwise discriminate against an employee in order to interfere with, restrain, or coerce employees in the exercise of guaranteed self-organization or collective bardaining rights; or (3) engaged in any other related ULP that significantly interferes with, restrains, or coerces employees in the exercise of such guaranteed rights.
Adds to remedies for such violations: (1) back pay plus liquidated damages; and (2) additional civil penalties. | {"src": "billsum_train", "title": "A bill to amend the National Labor Relations Act to establish an efficient system to enable employees to form, join, or assist labor organizations, to provide for mandatory injunctions for unfair labor practices during organizing efforts, and for other purposes."} | 1,901 | 328 | 0.499133 | 1.56008 | 0.803294 | 3.232877 | 5.952055 | 0.856164 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Global Respect Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The dignity, freedom, and equality of all human beings
are fundamental to a thriving global community.
(2) The rights to life, liberty, and security of the
person, the right to privacy, and the right to freedom of
expression and association are fundamental human rights.
(3) An alarming trend of violence directed at LGBT
individuals around the world continues.
(4) More than one-third of all countries have laws
criminalizing consensual same-sex relations, and countries such
as Nigeria, Russia, Uganda, and Kyrgyzstan have recently
considered or passed legislation that would further target LGBT
individuals.
(5) Every year thousands of individuals around the world
are targeted for harassment, attack, arrest, and murder on the
basis of their sexual orientation or gender identity.
(6) Those who commit crimes against LGBT individuals often
do so with impunity, and are not held accountable for their
crimes.
(7) Homophobic and transphobic statements by government
officials in many countries in every region of the world
promote negative public attitudes and can lead to violence
toward LGBT individuals.
(8) In many instances police, prison, military, and
civilian government authorities have been directly complicit in
abuses aimed at LGBT citizens, including arbitrary arrest,
torture, and sexual abuse.
(9) Celebrations of LGBT individuals and communities, such
as film festivals, Pride events, and demonstrations are often
forced underground due to inaction on the part of, or
harassment by, local law enforcement and government officials,
in violation of freedoms of assembly and expression.
(10) Laws criminalizing consensual same-sex relations
severely hinder access to HIV/AIDS treatment, information, and
preventive measures for LGBT individuals and families.
(11) Many countries are making positive developments in the
protection of the basic human rights of LGBT individuals.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services, the Committee
on Foreign Affairs, the Committee on Homeland Security,
and the Committee on the Judiciary of the House of
Representatives; and
(B) the Committee on Armed Services, the Committee
on Foreign Relations, the Committee on Homeland
Security and Governmental Affairs, and the Committee on
the Judiciary of the Senate.
(2) Foreign person.--The term ``foreign person'' has the
meaning given that term in section 595.304 of title 31, Code of
Federal Regulations (as in effect on the day before the date of
the enactment of this Act).
(3) Gross violations of internationally recognized human
rights.--The term ``gross violations of internationally
recognized human rights'' has the meaning given that term in
section 502B(d)(1) of the Foreign Assistance Act of 1961 (22
U.S.C. 2304(d)(1)).
(4) Person.--The term ``person'' has the meaning given that
term in section 591.308 of title 31, Code of Federal
Regulations (as in effect on the day before the date of the
enactment of this Act).
(5) United states person.--The term ``United States
person'' has the meaning given that term in section 595.315 of
title 31, Code of Federal Regulations (as in effect on the day
before the date of the enactment of this Act).
SEC. 4. IDENTIFICATION OF FOREIGN PERSONS RESPONSIBLE FOR GROSS
VIOLATIONS OF HUMAN RIGHTS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act and biannually thereafter, the President shall
transmit to the appropriate congressional committees a list of each
foreign person that the President determines, based on credible
information--
(1) is responsible for or complicit in torture or cruel,
inhuman, or degrading treatment or punishment, prolonged
detention without charges and trial, causing the disappearance
of persons by the abduction and clandestine detention of those
persons, and other flagrant denial of the right to life,
liberty, or the security of person based on actual or perceived
sexual orientation or gender identity;
(2) acted as an agent of or on behalf of a foreign person
in a matter relating to an activity described in paragraph (1);
or
(3) is responsible for or complicit in inciting a foreign
person to engage in an activity described in paragraph (1).
(b) Updates.--The President shall transmit to the appropriate
congressional committees an update of the list required by subsection
(a) as new information becomes available.
(c) Guidance Relating to Submission of Certain Information.--The
Secretary of State shall issue public guidance, including through
United States diplomatic and consular posts, relating to how names of
foreign persons who may be included on the list required by subsection
(a) may be submitted to the Department of State.
(d) Form.--
(1) In general.--The list required by subsection (a) shall
be transmitted in unclassified form.
(2) Exception.--The name of a foreign person to be included
in the list required by subsection (a) may be transmitted in a
classified annex only if the President--
(A) determines that it is vital for the national
security interests of the United States to do so;
(B) uses the annex in a manner consistent with
congressional intent and the purposes of this Act; and
(C) not later than 15 days before transmitting the
name in a classified annex, provides to the appropriate
congressional committees notice of, and a justification
for, including or continuing to include each foreign
person in the classified annex despite any publicly
available credible information indicating that the
foreign person engaged in an activity described in
paragraph (1) or (2) of subsection (a).
(3) Consideration of certain information.--In preparing the
list required by subsection (a), the President shall consider--
(A) information provided by the Chairperson or
Ranking Member of each of the appropriate congressional
committees; and
(B) credible information obtained by other
countries and nongovernmental organizations that
monitor violations of human rights.
(4) Public availability.--The unclassified portion of the
list required by subsection (a) shall be made available to the
public and published in the Federal Register.
(e) Removal From List.--A foreign person may be removed from the
list required by subsection (a) if the President determines and reports
to the appropriate congressional committees not later than 15 days
before the removal of the foreign person from the list that--
(1) credible information exists that the foreign person did
not engage in the activity for which the foreign person was
added to the list;
(2) the foreign person has been prosecuted appropriately
for the activity in which the foreign person engaged; or
(3) the foreign person has credibly demonstrated a
significant change in behavior, has paid an appropriate
consequence for the activities in which the foreign person
engaged, and has credibly committed to not engage in an
activity described in paragraph (1) or (2) of subsection (a).
(f) Requests by Chairperson or Ranking Member of Appropriate
Congressional Committees.--
(1) In general.--Not later than 120 days after receiving a
written request from the Chairperson or Ranking Member of one
of the appropriate congressional committees with respect to
whether a foreign person meets the criteria for being added to
the list required by subsection (a), the President shall
transmit a response to that Chairperson or Ranking Member, as
the case may be, with respect to the status of the foreign
person at issue.
(2) Form.--The President may transmit a response required
by paragraph (1) in classified form if the President determines
that it is necessary for the national security interests of the
United States to do so.
(3) Removal.--
(A) In general.--If the President removes from the
list required by subsection (a) a foreign person that
has been placed on the list, the President shall
provide the Chairpersons and Ranking Members of the
appropriate congressional committees with any
information that contributed to such removal decision.
(B) Form of information.--The President may
transmit the information requested by subparagraph (A)
in classified form if the President determines that it
is necessary to the national security interests of the
United States to do so.
(g) Nonapplicability of Confidentiality Requirement With Respect to
Visa Records.--The President shall publish the list required by
subsection (a) without regard to the requirements of section 222(f) of
the Immigration and Nationality Act (8 U.S.C. 1202(f)) with respect to
confidentiality of records pertaining to the issuance or refusal of
visas or permits to enter the United States.
SEC. 5. INADMISSIBILITY OF CERTAIN INDIVIDUALS.
(a) Ineligibility for Visas and Admission to the United States.--An
individual who is a foreign person on the list required by section 4(a)
is ineligible to receive a visa to enter the United States and
ineligible to be admitted to the United States.
(b) Current Visas Revoked and Removal From United States.--The
Secretary of State shall revoke, in accordance with section 221(i) of
the Immigration and Nationality Act (8 U.S.C. 1201(i)), the visa or
other documentation of an individual who would be ineligible to receive
such a visa or documentation under subsection (a), and the Secretary of
Homeland Security shall remove from the United States such an
individual.
(c) Waiver for National Security Interests.--
(1) In general.--The Secretary of State and the Secretary
of Homeland Security, in consultation with the President, may
waive the application of subsection (a) or (b), as the case may
be, in the case of an individual if--
(A) the Secretaries determine that such a waiver--
(i) is necessary to permit the United
States to comply with the Agreement between the
United Nations and the United States of America
regarding the Headquarters of the United
Nations, signed June 26, 1947, and entered into
force November 21, 1947, or other applicable
international obligations of the United States;
or
(ii) is in the national security interests
of the United States; and
(B) before granting the waiver, the Secretaries
provide to the appropriate congressional committees
notice of, and a justification for, the waiver.
(2) Timing for notice of certain waivers.--In the case of a
waiver under clause (ii), the Secretaries shall submit the
notice required by subparagraph (B) of such paragraph not later
than 15 days before granting the waiver.
(d) Regulatory Authority.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of State and the Secretary
of Homeland Security shall prescribe such regulations as are necessary
to carry out this section.
SEC. 6. REPORT TO CONGRESS.
Not later than one year after the date of the enactment of this Act
and annually thereafter, the President, acting through the Secretary of
State, shall submit to the appropriate congressional committees a
report on--
(1) the actions taken to carry out this Act, including--
(A) the number of foreign persons added to or
removed from the list required by section 4(a) during
the year preceding each report, the dates on which
those persons were added or removed, and the reasons
for adding or removing those persons; and
(B) an analysis that compares increases or
decreases in the number of such persons year-over-year
and the reasons therefor; and
(2) efforts by the executive branch to coordinate with the
governments of other countries to, as appropriate, impose
sanctions that are similar to the sanctions imposed under this
Act.
SEC. 7. DISCRIMINATION RELATED TO SEXUAL ORIENTATION OR GENDER
IDENTITY.
(a) Tracking Violence or Criminalization Related to Sexual
Orientation or Gender Identity.--The Assistant Secretary of State for
Democracy, Human Rights and Labor shall designate a Bureau-based senior
officer or officers who shall be responsible for tracking violence,
criminalization, and restrictions on the enjoyment of fundamental
freedoms, in foreign countries based on actual or perceived sexual
orientation or gender identity.
(b) Annual Country Reports on Human Rights Practices.--The Foreign
Assistance Act of 1961 is amended--
(1) in section 116(d) (22 U.S.C. 2151n(d))--
(A) in paragraph (11)(C), by striking ``and'' at
the end;
(B) in paragraph (12)--
(i) in subparagraph (B), by striking
``and'' at the end; and
(ii) in subparagraph (C)(ii), by striking
the period at the end and inserting ``; and'';
and
(C) by adding at the end the following new
paragraph:
``(13) wherever applicable, violence or discrimination that
affects the fundamental freedoms, including widespread or
systematic violation of the freedoms of expression,
association, or assembly of an individual in foreign countries
that is based on actual or perceived sexual orientation or
gender identity.''; and
(2) in section 502B(b) (22 U.S.C. 2304(b)), by inserting
after the ninth sentence the following new sentence: ``Wherever
applicable, such report shall also include information
regarding violence or discrimination that affects the
fundamental freedoms, including widespread or systematic
violation of the freedoms of expression, association, or
assembly of an individual in foreign countries that is based on
actual or perceived sexual orientation or gender identity.''. | Global Respect Act This bill directs the President to submit to Congress, biannually, a list of each foreign person that the President determines is responsible for or complicit in, or who acted as an agent for a foreign person in a mater relating to, torture, cruel treatment, prolonged detention, or other gross violations of internationally recognized human rights committed against an individual in a foreign country based on actual or perceived sexual orientation or gender identity. A listed person: (1) may be removed from the list under specified conditions; (2) is ineligible to enter or be admitted to the United States, or (3) if in the United States, shall have his or her visa revoked and be removed. The Department of State and the Department of Homeland Security may waive such prohibition if such waiver is in U.S. national security interests or is necessary for compliance with the Agreement between the United Nations (U.N.) and the United States regarding the U.N. Headquarters. Congressional notification is required prior to any such waiver. The Assistant Secretary for Democracy, Human Rights and Labor shall designate a senior officer or officers to track violence, criminalization, and restrictions on fundamental freedoms in foreign countries based on actual or perceived sexual orientation or gender identity. The Foreign Assistance Act of 1961 is amended to require the annual country reports on human rights practices to include information on sexual orientation or gender identity violence or restrictions. | {"src": "billsum_train", "title": "Global Respect Act"} | 3,000 | 299 | 0.477754 | 1.699904 | 0.698796 | 3.358209 | 10.384328 | 0.925373 |
SECTION 1. REPORTS WITHIN THE JURISDICTION OF THE COMMITTEE ON
EDUCATION AND THE WORKFORCE.
Section 3003(a)(1) of the Federal Reports Elimination and Sunset
Act of 1995 (31 U.S.C. 1113 note) does not apply to any report required
to be submitted under the following provisions of law:
(1) Section 425 of the General Education Provisions Act (20
U.S.C. 1226c), relating to the effectiveness of applicable
programs.
(2) The following provisions of the Department of Education
Organization Act:
(A) Section 414 (20 U.S.C. 3474), relating to the
promulgation of rules and regulations.
(B) Section 426 (20 U.S.C. 3486), relating to
Departmental activities.
(3) The following provisions of the Higher Education Act of
1965 (20 U.S.C. 1001 et seq.):
(A) Section 114 (20 U.S.C. 1011c), relating to the
National Advisory Committee on Institutional Evaluation
and Integrity.
(B) Section 392(b)(2) (20 U.S.C. 1068a(b)(2)),
relating to reports on waivers.
(C) Section 432(b) (20 U.S.C. 1082(b)), relating to
budget submissions by the Secretary of Education.
(D) Section 439(k) (20 U.S.C. 1087-2(k)), relating
to reports on audits by the Secretary of the Treasury.
(E) Section 482(d) (20 U.S.C. 1089(d)), relating to
notices of failures to comply with master calendar
deadlines.
(F) Section 485B(d) (20 U.S.C. 1092b(d)), relating
to a report on the student loan data system.
(G) Section 702(a)(2)(D) (20 U.S.C.
1134a(a)(2)(D)), relating to reports of the Javits
Fellows Program Fellowship Board.
(4) The following provisions of the National Foundation on
the Arts and the Humanities Act of 1965 (20 U.S.C. 951 et
seq.):
(A) Section 5(q) (20 U.S.C. 954(q)), relating to
the state of the arts in the Nation.
(B) Section 7(k) (20 U.S.C. 956(k)), relating to
the state of the humanities in the Nation.
(C) Section 10(d) (20 U.S.C. 959(d)), relating to
annual reports summarizing activities.
(D) Section 10(e) (20 U.S.C. 959(e)), relating to
annual reports summarizing activities.
(5) The following provisions of the Arts and Artifacts
Indemnity Act (20 U.S.C. 971 et seq.):
(A) Section 6(b) (20 U.S.C. 975(b)), relating to
certification of the validity of the claims.
(B) Section 8 (20 U.S.C. 977), relating to an
annual report on claims and contracts.
(6) Section 5(a)(7) of the National Commission on Libraries
and Information Science Act (20 U.S.C. 1504(a)(7)), relating to
an annual report on the activities of the National Commission
on Libraries and Information Science.
(7) Section 112(b)(3) of the Education of the Deaf Act of
1986 (20 U.S.C. 4332(b)(3)), relating to the annual report on
indirect costs from the Board of Trustees.
(8) The following provisions of the United States Institute
of Peace Act (22 U.S.C. 4601 et seq.):
(A) Section 1708(h) (22 U.S.C. 4607(h)), relating
to an annual report of audit.
(B) Section 1712 (22 U.S.C. 4611), relating to a
biennial report on progress.
(9) Section 1121(h)(4) of the Education Amendments of 1978
(25 U.S.C. 2001(h)(4)), relating to review of or proposed
closure or consolidation of schools operated by the Bureau of
Indian Affairs.
(10) Section 1125(b) of the Education Amendments of 1978
(25 U.S.C. 2005(b)), relating to plans to bring Indian
educational facilities into compliance with health and safety
standards.
(11) Section 1137(a) of the Education Amendments of 1978
(25 U.S.C. 2017(a)), relating to annual reports on the status
of educational programs administered by the Bureau of Indian
Affairs and educational problems encountered during the year
for which the report is submitted.
(12) Section 5206(g) of the Tribally Controlled Schools Act
of 1988 (P.L. 100-297; 102 Stat. 391), relating to applications
received and actions taken on grants for tribally controlled
schools.
(13) Section 204(b)(2) of the Helen Keller National Center
Act (29 U.S.C. 1903(b)(2)), relating to the report on the
evaluation of the operation of the Helen Keller National
Center.
(14) The following provisions of the Older Americans Act of
1965:
(A) Section 206(d) (42 U.S.C. 3017(d)), relating to
reports on results of evaluative research and program
evaluation.
(B) Subsections (a) and (b) of section 207 (42
U.S.C. 3018(a), (b)), relating to reports on activities
and reports on State long-term care ombudsman programs.
(15) The following provisions of Federal law requiring
reports related to the Equal Opportunity Employment Commission:
(A) Section 13 of the Age Discrimination in
Employment Act of 1967 (29 U.S.C. 632).
(B) Section 705(e) of the Civil Rights Act of 1964
(42 U.S.C. 2000e-4(e)).
(16) The following provisions of the Rehabilitation Act of
1973 (29 U.S.C. 701 et seq.):
(A) Section 13 (29 U.S.C. 710), relating to the
annual report on activities carried out under the Act.
(B) Section 106(d) (29 U.S.C. 726(d)), relating to
an analysis of program performance based on standards
and indicators.
(C) Section 401 (29 U.S.C. 781), relating to the
annual report on the status of disability policy.
(D) Section 502(b)(8) and (9) and section 502(h)(1)
(29 U.S.C. 792(b)(8) and (9) and (h)(1)), relating to
reports by the Access Board on investigations,
recommendations, and activities of the Board.
(E) Section 507(c) (29 U.S.C. 794c(c)), relating to
the report by the Interagency Disability Coordinating
Council.
(17) The following provisions of Federal law requiring
reports related to labor:
(A) Section 3(c) of the National Labor Relations
Act (29 U.S.C. 153(c)), relating to case activities and
operations of the National Labor Relations Board.
(B) Section 8 of the Act of June 13, 1888 (29
U.S.C. 6) relating to reports by the Bureau of Labor
Statistics.
(C) Section 4(d) of the Fair Labor Standards Act of
1938 (29 U.S.C. 204(d)) relating to a report of the
Secretary of Labor respecting implementation of such
Act and the curtailment of employment opportunities.
(D) Section 42 of the Longshore and Harbor Workers'
Compensation Act (33 U.S.C. 942) relating to a report
of the Secretary of Labor respecting implementation of
such Act.
(E) Section 8152 of title 5, United States Code,
relating to reports by the Secretary of Labor
respecting the implementation of chapter 81 of such
title relating to compensation for work injuries.
(F) Section 26 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 675) relating to a report
of the Secretary of labor respecting implementation of
such Act.
(G) Section 9(b)(1) of the Wagner-Peyser Act (29
U.S.C. 49h(b)(1)) relating to an evaluation by the
Comptroller General regarding the United States
Employment Service.
(H) Section 511(a) of the Federal Coal Mine Health
and Safety Act of 1969 (30 U.S.C. 958(a)) relating to a
report by the Secretary of Labor relating to coal mine
health and safety.
(I) Section 202(c) of the Labor Management
Relations Act of 1947 (29 U.S.C. 172(c)) relating to
reports by the Federal Mediation and Conciliation
Service.
(J) Section 22(f) of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 671(f)) relating to
reports by the National Institute of Occupational
Safety and Health.
(K) Section 2908 of Public Law 101-647, relating to
reports by the Secretary of Labor respecting compliance
with certain requirements.
(18) Section 513(b) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1143(b)), relating to an
explanation of variances granted for vesting or funding, the
status of enforcement cases, any recommendations received from
the Advisory Council, and recommendations for further
legislation.
(19) Section 4008 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1308), relating to the report
of the Pension Benefit Guaranty Corporation of its financial
statements and on its activities and providing actuarial
evaluations for the next 5 years.
(20) Section 650 of the Head Start Act (42 U.S.C. 9846),
relating to the operation of Head Start programs.
(21) The reporting requirements of section 8G(h)(2) of the
Inspector General Act (5 U.S.C. App.), relating to results of
audits conducted by the Office of Inspector General, and the
requirements of section 8G(e) of such Act, relating to
communication of reasons for removal or transfer of the
Inspector General, for the following agencies:
(A) The Pension Benefit Guaranty Corporation.
(B) The Department of Labor.
(C) The Equal Employment Opportunity Commission.
Passed the House of Representatives November 10, 1999.
Attest:
JEFF TRANDAHL,
Clerk. | Includes among such reports those submitted under specified provisions of: (1) the General Education Provisions Act, on effectiveness of applicable programs; (2) the Department of Education Organization Act, on promulgation of rules and regulations, and Departmental activities; (3) the Higher Education Act of 1965, on the National Advisory Committee on Institutional Evaluation and Integrity, waivers, budget submissions, audits, notices of failures to comply with master calendar deadlines, the student loan data system, and the Javits Fellows Program Fellowship Board; (4) the National Foundation on the Arts and the Humanities Act of 1965, on the state of the arts and of the humanities in the Nation, and activities of the National Endowments of the Arts and of the Humanities; (5) the Arts and Artifacts Indemnity Act, on certification of validity of claims, and to claims and contracts; (6) the National Commission on Libraries and Information Science Act, on activities of the National Commission on Libraries and Information Science; (7) the Education of the Deaf Act of 1986, on certain indirect costs; (8) the United States Institute of Peace Act, on audits and progress; (9) the Education Amendments of 1978, on review of or proposed closure or consolidation of schools operated by the Bureau of Indian Affairs (BIA), plans to bring Indian educational facilities into compliance with health and safety standards, the status of educational, programs administered by the BIA and educational problems encountered; (10) the Tribally Controlled Schools Act of 1988, on applications received and actions taken on grants for tribally controlled schools; (11) the Helen Keller National Center Act, on evaluation of such Center's operation; (12) the Older Americans Act of 1965, on results of evaluative research and program evaluation, activities, and State long-term care ombudsman programs; (13) both the Age Discrimination in Employment Act of 1967 and the Civil Rights Act of 1964, related to the Equal Employment Opportunity Commission (EEOC); (14) the Rehabilitation Act of 1973, on activities, program performance analysis, the status of disability policy, the Access Board, and the Interagency Disability Coordinating Council; (15) the National Labor Relations Act, on case activities and operations of the National Labor Relations Board; (16) specified Federal law, on the Bureau of Labor Statistics; (17) the Fair Labor Standards Act of 1938, on implementation and the curtailment of employment opportunities; (18) the Longshore and Harbor Workers' Compensation Act, on implementation; (19) specified Federal law, on implementation relating to compensation for work injuries; (20) the Occupational Safety and Health Act of 1970 (OSHA), on implementation; (21) the Wagner-Peyser Act, on evaluation of the United States Employment Service; (22) the Federal Coal Mine Health and Safety Act of 1969, on coal mine health and safety; (23) the Labor Management Relations Act of 1947, by the Federal Mediation and Conciliation Service; (24) OSHA, by the National Institute of Occupational Safety and Health; (25) specified Federal law, by the Secretary of Labor respecting compliance with certain requirements; (26) the Employee Retirement Income Security Act of 1974 (ERISA), on variances granted for vesting or funding, status of enforcement cases, and recommendations received from the Advisory Council or for further legislation; (27) ERISA, on Pension Benefit Guaranty Corporation (PBGC) financial statements, activities, and actuarial evaluations; (28) the Head Start Act, operation of Head Start programs; and (29) the Inspector General Act, on audits conducted by the Office of the Inspector General, and on reasons for removal or transfer of the Inspector General, for the PBGC, the Department of Labor, or the EEOC. | {"src": "billsum_train", "title": "To exempt certain reports from automatic elimination and sunset pursuant to the Federal Reports and Elimination and Sunset Act of 1995."} | 2,381 | 791 | 0.49976 | 1.924647 | 0.753653 | 3.53951 | 2.637602 | 0.967302 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Vehicles for Cleaner Air Act
of 2009''.
SEC. 2. CLEAN-FUEL CREDIT WITH RESPECT TO BUSINESSES LOCATED IN
NONATTAINMENT AREAS.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by adding at the end the following new section:
``SEC. 45R. CLEAN-FUEL CREDIT WITH RESPECT TO BUSINESSES LOCATED IN
NONATTAINMENT AREAS.
``(a) In General.--For purposes of section 38, in the case of an
eligible business the clean-fuel credit determined under this section
for the taxable year is the sum of--
``(1) the clean-fuel property credit, plus
``(2) the clean-burning fuel use credit.
``(b) Clean-Fuel Property Credit.--
``(1) In general.--The clean-fuel property credit is the
sum of--
``(A) qualified vehicle property costs, plus
``(B) qualified refueling property costs.
``(2) Qualified vehicle property costs.--
``(A) In general.--For purposes of paragraph (1),
the term `qualified vehicle property costs' means the
amount paid or incurred by the eligible business for
qualified clean-fuel vehicle property which is placed
in service during the taxable year by the eligible
business and substantially all of the use of which is
in a nonattainment area.
``(B) Limitation.--The amount which may be taken
into account under subparagraph (A) with respect to any
motor vehicle shall not exceed--
``(i) $4,000 in the case of a motor vehicle
not described in clause (ii) or (iii),
``(ii) $10,000 in the case of any truck or
van with a gross vehicle weight rating greater
than 10,000 pounds but not greater than 26,000
pounds, or
``(iii) $80,000 in the case of--
``(I) a truck or van with a gross
vehicle weight rating greater than
26,000 pounds, or
``(II) any bus which has a seating
capacity of at least 20 adults (not
including the driver).
``(C) Qualified clean-fuel vehicle property.--The
term `qualified clean-fuel vehicle property' shall have
the meaning given to such term by section 179A(c)
(without regard to paragraph (3) thereof), except that
such term does not include property that is a motor
vehicle propelled by a fuel that is not a clean-burning
fuel.
``(3) Qualified refueling property costs.--
``(A) In general.--For purposes of paragraph (1),
the term `qualified refueling property costs' means
amounts paid or incurred by the eligible business for
qualified clean-fuel vehicle refueling property (as
defined by section 179A(d)) which is placed in service
in a nonattainment area during the taxable year by the
eligible business.
``(B) Limitation.--
``(i) In general.--The aggregate cost which
may be taken into account under subparagraph
(A) with respect to qualified clean-fuel
vehicle refueling property placed in service by
the eligible business during the taxable year
at a location shall not exceed the lesser of--
``(I) $150,000, or
``(II) the cost of such property
reduced by the amount described in
clause (ii).
``(ii) Reduction for amounts previously
taken into account.--For purposes of clause
(i)(II), the amount described in this clause is
the sum of--
``(I) the aggregate amount taken
into account under paragraph (1)(B) for
all preceding taxable years, and
``(II) the aggregate amount taken
into account under section
179A(a)(1)(B) by the taxpayer (or any
related person or predecessor) with
respect to property placed in service
at such location for all preceding
taxable years.
``(iii) Special rules.--For purposes of
this subparagraph, the provisions of
subparagraphs (B) and (C) of section 179A(b)(2)
shall apply.
``(c) Clean-Burning Fuel Use Credit.--
``(1) In general.--For purposes of subsection (a), the
clean-burning fuel use credit is the amount equal to 50 cents
for each gasoline gallon equivalent of clean-burning fuel used
by an eligible business during the taxable year to propel
qualified clean-fuel vehicle property.
``(2) Clean-burning fuel.--For purposes of paragraph (1),
the term `clean-burning fuel' has the meaning given to such
term by section 179A, except that such term includes compressed
natural gas and biodiesel (as defined by section 40A(d)(1)).
``(3) Gasoline gallon equivalent.--For purposes of
paragraph (1), the term `gasoline gallon equivalent' means,
with respect to any clean burning fuel, the amount (determined
by the Secretary) of such fuel having a Btu content of 114,000.
``(d) Other Definitions.--For purposes of this section--
``(1) Eligible business.--The term `eligible business'
means--
``(A) a qualified business entity or a qualified
proprietorship (as such terms are defined by section
1397C, determined by substituting `nonattainment area'
for `empowerment zone' and `enterprise zone' each place
it appears), and
``(B) a trade or business located outside of a
nonattainment area, but only with respect to qualified
clean-fuel vehicle property used substantially within a
nonattainment area.
``(2) Nonattainment area.--The term `nonattainment area'
shall have the meaning given to such term by section 171 of the
Clean Air Act (42 U.S.C. 7501).
``(e) Denial of Double Benefit.--Except as provided in section
30B(i), no credit shall be allowed under subsection (a) for any expense
for which a deduction or credit is allowed under any other provision of
this chapter.
``(f) Recapture.--The Secretary shall, by regulations, provide for
recapturing the benefit under any credit allowable under subsection (a)
with respect to any property substantially all of the use of which is
not in a nonattainment area.''.
(b) Credit Made Part of General Business Credit.--Subsection (b) of
section 38 of such Code (relating to current year business credit) is
amended by striking ``plus'' at the end of paragraph (34), by striking
the period at the end of paragraph (35) and inserting ``, plus'', and
by adding at the end thereof the following new paragraph:
``(36) the clean-fuel credit determined under section
45R.''.
(c) Denial of Double Benefit.--Section 280C of such Code (relating
to certain expenses for which credits are allowable) is amended by
adding at the end thereof the following new subsection:
``(g) Zone Clean Fuels Expenses.--No deduction shall be allowed for
that portion of expenses for clean-burning fuel otherwise allowable as
a deduction for the taxable year which is equal to the amount of the
credit determined for such taxable year under section 45R.''.
(d) Credit Allowed Against Regular and Minimum Tax.--Subparagraph
(B) of section 38(c)(4) of such Code (relating to specified credits) is
amended by striking ``and'' at the end of clause (vii), by striking the
period at the end of clause (viii) and inserting ``, and'', and by
inserting after clause (viii) the following:
``(ix) the credit determined under section
45R.''.
(e) Deduction for Certain Unused Business Credits.--Subsection (c)
of section 196 of such Code is amended by striking ``and'' at the end
of paragraph (12), by striking the period at the end of paragraph (13)
and inserting ``, and'', and by adding after paragraph (13) the
following new paragraph:
``(14) the clean fuels credit determined under section
45R.''.
(f) Conforming Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 45Q the following new
item:
``Sec. 45R. Clean-fuel credit with respect to businesses located in
nonattainment areas.''.
(g) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2008.
SEC. 3. CREDIT FOR HYBRID VEHICLES PLACED IN SERVICE IN NONATTAINMENT
AREAS.
(a) In General.--Section 30B of the Internal Revenue Code of 1986
(relating to alternative motor vehicle credit) is amended by
redesignating subsections (i) and (j) as subsections (j) and (k),
respectively, and by inserting after subsection (h) the following new
subsection:
``(i) Certain Vehicles Placed in Service in Nonattainment Areas.--
``(1) In general.--In the case of a new qualified hybrid
motor vehicle (as defined in subsection (d)) placed in service
by an eligible business and substantially all of the use of
which is in a nonattainment area, in lieu of the credit allowed
under subsection (a)(3) there shall be allowed as a credit
against the tax imposed by this chapter for the taxable year an
amount equal to 200 percent of the amount otherwise determined
under this section (without regard to this subsection and
subsection (d)(2)(A)(ii)) with respect to such vehicle.
``(2) Recapture.--The Secretary shall, by regulations,
provide for recapturing the benefit under any credit allowable
under subsection (a) by reason of paragraph (1) of this
subsection with respect to any property substantially all of
the use of which is not in a nonattainment area.
``(3) Phaseout not to apply.--For purposes of this
subsection, subsection (f) shall not apply.
``(4) Definitions.--For purposes of this subsection, the
terms `eligible business' and `nonattainment area' have the
meanings given such terms by section 45R(d).''.
(b) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2008. | Clean Vehicles for Cleaner Air Act of 2009 - Amends the Internal Revenue Code to allow certain businesses located in areas designated as nonattainment areas under the Clean Air Act a general business tax credit for the cost of certain clean-fuel vehicle property and clean-burning fuel. Allows the credit to be taken against regular and alternative minimum tax liabilities. Allows a tax deduction for any unused clean fuel credit amounts.
Allows a tax credit for the cost of hybrid vehicles placed in service in, and of which substantially all of the use occurs in, nonattainment areas. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide a business credit relating to the use of clean-fuel and fuel efficient vehicles by businesses within areas designated as nonattainment areas under the Clean Air Act."} | 2,440 | 126 | 0.58654 | 1.410185 | 0.575298 | 2.626168 | 19.906542 | 0.925234 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Criminal Alien Notification Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Department.--The term ``Department'' means the
Department of Homeland Security.
(2) Law enforcement notification system.--The term ``law
enforcement notification system'' means a secure information
sharing system utilized by Federal, State, tribal, and local
law enforcement agencies--
(A) to notify the identification bureaus, of the
State from which an alien is being released and of the
State in which the alien is intending to reside (if
different), of the anticipated release of an
inadmissible or deportable alien described in
subparagraph (A), (B), (C), or (D) of section 236(c)(1)
of the Immigration and Nationality Act (8 U.S.C.
1226(c)(1)) from the custody of U.S. Immigration and
Customs Enforcement; and
(B) to notify the Secretary of the release from
custody of an alien who has been arrested for any
offense described in subparagraphs (A) through (D) of
section 236(c)(1) of the Immigration and Nationality
Act (8 U.S.C. 1226(c)(1)), the conviction of which
would render the alien inadmissible under sections
212(a) and 237(a) of such Act (8 U.S.C. 1182(a) and
1227(a)).
(3) Protection order.--The term ``protection order''
includes any injunction, restraining order, or any other order
issued by a civil or criminal court to prevent violent or
threatening acts or harassment against, sexual violence, or
contact or communication with, or physical proximity to,
another person, including any temporary or final order issued
by a civil or criminal court (whether obtained by filing an
independent action or as a pendente lite order in another
proceeding) if--
(A) a civil or criminal order was issued by a
State, tribal, or territorial court in response to a
complaint, petition, or motion filed by, or on behalf
of, a person seeking protection;
(B) such court has jurisdiction over the parties
and matter under the law of such State, Indian tribe,
or territory;
(C) reasonable notice and opportunity to be heard
is given to the person against whom the order is sought
that is sufficient to protect that person's right to
due process; and
(D) in the case of ex parte orders, notice and
opportunity to be heard is provided within the time
required under the law of such State, Indian tribe, or
territory and within a reasonable time after the order
is issued to sufficiently protect the respondent's due
process rights.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(5) State.--The term ``State'' has the meaning given the
term in section 101(a)(36) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(36)).
SEC. 3. LAW ENFORCEMENT NOTIFICATION SYSTEM.
Not later than 180 days after the date of the enactment of this
Act, the Secretary shall establish a law enforcement notification
system for every State.
SEC. 4. PROTECTIVE ORDER NOTIFICATION SYSTEM.
(a) Establishment.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall establish a secure
information sharing system that enables State, tribal, and local courts
to notify the Secretary of a protective order issued against an
inadmissible or deportable alien described in section 212(a) or 237(a)
of the Immigration and Nationality Act (8 U.S.C. 1182(a) and 1227(a))
who is under the supervision of the Secretary.
(b) Construction.--Nothing in this section may be construed to
authorize the Secretary to establish a system that allows for the
inclusion of protection orders for anyone other than an inadmissible
alien described in section 212(a) or 237(a) of the Immigration and
Nationality Act (8 U.S.C. 1182(a) and 1227(a)).
SEC. 5. REPORTING REQUIREMENTS.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter, the Secretary 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
includes the information specified in subsection (b).
(b) Contents.--The report required under subsection (a) shall
describe--
(1) the number of aliens currently present in the United
States who have ever been arrested for a criminal offense;
(2) the number of aliens currently present in the United
States who have ever been convicted of a criminal offense;
(3) the number of aliens with final orders of removal who
are currently present in the United States and of such aliens--
(A) how many have ever been arrested for any
criminal offense; and
(B) how many have ever been convicted for any
criminal offense;
(4) the number of detainers that were issued by the
Department during the previous fiscal year and the number of
such detainers that were honored;
(5) the number of times the Department was notified during
the previous fiscal year of a protective order issued pursuant
to this Act and, for each such notification--
(A) the actions taken by the Department; or
(B) if no action was taken, the reasons for not
taking action;
(6) the number of times during the previous fiscal year
that the Department was notified through the law enforcement
notification system established under section 3 and, for each
such notification--
(A) a list of offenses for which notification was
provided; and
(B)(i) the actions taken by the Department; or
(ii) if no action was taken, the reasons for not
taking action; and
(7) the number of times during the previous fiscal year
that the Department was notified by a State, tribal, or local
law court through the system established under section 4 and,
for each notification--
(A) the actions taken by the Department; or
(B) if no action was taken, the reasons for not
taking action. | Criminal Alien Notification Act This bill directs the Department of Homeland Security (DHS) to establish a law enforcement notification system for every state. "Law enforcement notification system" means a secure information sharing system utilized by federal, state, tribal, and local law enforcement agencies to: notify the identification bureaus of the state from which an alien is being released and of the state in which the alien is intending to reside of the anticipated release from U.S. Immigration and Customs Enforcement custody of an alien who is inadmissible or deportable under specified grounds, and notify DHS of the release from custody of an alien who has been arrested for certain offenses the conviction of any one of which would render the alien inadmissible. DHS shall establish a secure information sharing system that enables state, tribal, and local courts to notify DHS of a protective order issued against an inadmissible or deportable alien who is under DHS supervision. | {"src": "billsum_train", "title": "Criminal Alien Notification Act"} | 1,413 | 213 | 0.557788 | 1.652934 | 0.988236 | 5.333333 | 7.201149 | 0.896552 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Acid Rain Control Act''.
SEC. 2. REDUCTION IN TOTAL ANNUAL EMISSIONS OF SULFUR DIOXIDE BY
UTILITY UNITS.
The second sentence of section 403(a) of the Clean Air Act (42
U.S.C. 7651b) is amended by striking the period at the end and
inserting ``, and such 8.90 million tons amount shall be reduced to
4.45 million tons for each of calendar years 2008, 2009, 2010, and
2011, and shall be further reduced to 3 million tons for calendar years
thereafter.''.
SEC. 3. REDUCTION IN TOTAL ANNUAL EMISSIONS OF NITROGEN OXIDES BY
AFFECTED FACILITIES.
(a) Total Annual Emissions.--The Administrator of the Environmental
Protection Agency shall ensure that total annual emissions of nitrogen
oxides by affected facilities in the 50 States and the District of
Columbia do not exceed--
(1) 2.10 million tons for each of calendar years 2008,
2009, 2010, and 2011; and
(2) 1.70 million tons for calendar year 2012 and each
calendar year thereafter.
(b) Penalty.--The owner or operator of any affected facility that
emits nitrogen oxides for any calendar year after 2007 in excess of the
facility's emissions limitation requirement, or any allowance the owner
or operator holds for the facility for that calendar year, under
regulations promulgated under this Act or title IV of the Clean Air Act
(42 U.S.C. 7651 et seq.)--
(1) shall be liable for the payment of an excess emissions
penalty under section 411 of such title (42 U.S.C. 7651j),
except that the penalty shall be calculated on the basis of the
number of tons emitted in excess of the facility's emissions
limitation requirement multiplied by $6,000; and
(2) shall be liable to offset the excess emissions by an
equal tonnage amount in the manner applicable under section 411
of such title (42 U.S.C. 7651j) to the owner or operator of any
affected source that emits excess sulfur dioxide.
(c) Affected Facility.--For purposes of this section, the term
``affected facility'' means a facility with 1 or more combustion units
that serve at least 1 electricity generator with a capacity not less
than 25 megawatts.
SEC. 4. MERCURY EMISSION CONTROL.
(a) Regulation.--Not later than December 15, 2004, the
Administrator shall promulgate a regulation controlling electric
utility and industrial source emissions of mercury in the 50 States and
the District of Columbia.
(b) Prohibition on Transfer.--The Administrator may not allow any
electric utility or other industrial source to transfer any mercury
emission allowance.
SEC. 5. REGULATIONS.
(a) In General.--The Administrator shall promulgate regulations to
carry out sections 2, 3, and 4 that--
(1) may, except in the case of mercury, provide for market-
oriented mechanisms, such as emissions trading, auctions, or
other allocation methods;
(2) shall prevent localized adverse effects on public
health and the environment; and
(3) shall ensure that significant emission reductions are
achieved in both the Eastern and Western Regions of the United
States.
(b) Deadline.--The Administrator shall promulgate--
(1) the regulations required under subsection (a) to carry
out sections 2 and 3 not later than 2 years after the date of
the enactment of this Act; and
(2) the regulations required under subsection (a) to carry
out section 4 not later than December 15, 2004.
SEC. 6. REGIONAL ECOSYSTEMS.
(a) Report.--
(1) In general.--Not later than December 31, 2007, the
Administrator shall submit to the Congress a report identifying
objectives for scientifically credible environmental
indicators, as determined by the Administrator, that are
sufficient to protect sensitive ecosystems of the Adirondack
Mountains, mid-Appalachian Mountains, Rocky Mountains, and
Southern Blue Ridge Mountains, and water bodies of the Great
Lakes, Lake Champlain, Long Island Sound, and the Chesapeake
Bay.
(2) Acid neutralizing capacity.--The report shall--
(A) include acid neutralizing capacity as an
indicator; and
(B) identify as an objective the objective of
increasing the proportion of water bodies in sensitive
receptor areas with an acid neutralizing capacity
greater than zero from the proportion identified in
surveys begun in 1984.
(3) Updated report.--Not later than December 31, 2011, the
Administrator shall submit to the Congress a report updating
the report under paragraph (1) and assessing the status and
trends of various environmental indicators for the regional
ecosystems referred to in paragraph (1).
(4) Reports under the national acid precipitation
assessment program.--The reports under this subsection shall be
subject to the requirements applicable to a report under
section 103(j)(3)(E) of the Clean Air Act (42 U.S.C.
7403(j)(3)(E)).
(b) Regulations.--
(1) Determination.--Not later than December 31, 2011, the
Administrator shall determine whether emissions reductions
called for in this Act are sufficient to ensure achievement of
the objectives stated in subsection (a)(1).
(2) Promulgation.--If the Administrator finds under
paragraph (1) that emission reductions are not sufficient to
ensure achievement of the objectives identified in subsection
(a)(1), the Administrator shall promulgate, not later than 2
years after making the finding, such regulations, including
modification of nitrogen oxides and sulfur dioxide allowance
allocations or any such measure, as the Administrator
determines are necessary to protect the sensitive ecosystems
described in subsection (a)(1).
SEC. 7. ADMINISTRATOR.
For purposes of this Act, the term ``Administrator'' means the
Administrator of the Environmental Protection Agency. | Acid Rain Control Act - Amends the Clean Air Act to require further reductions in total annual emissions of sulfur dioxide by utility units and nitrogen oxides by facilities with one or more combustion units serving at least one electricity generator with a capacity of at least 25 megawatts. Permits emissions trading and allocation.Requires the Administrator of the Environmental Protection Agency to promulgate regulations controlling electric utility and industrial source emissions of mercury. Prohibits mercury emission allowance transfers.Requires that these emissions regulations prevent localized adverse effects and ensure significant reductions on both coasts.Directs the Administrator to identify for and report to Congress on scientifically credible environmental indicators sufficient to protect sensitive ecosystems of the Adirondack, mid-Appalachian, Rocky and Southern Blue Ridge Mountains as well as the Great Lakes, Lake Champlain, Long Island Sound, and the Chesapeake Bay. | {"src": "billsum_train", "title": "To reduce acid deposition under the Clean Air Act, and for other purposes."} | 1,286 | 193 | 0.43364 | 1.28338 | 0.688631 | 3.784314 | 7.464052 | 0.908497 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family and Medical Leave
Clarification Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Family and Medical Leave Act of 1993 (hereinafter
referred to as the ``Act'') is not working as the Congress
intended when it passed the Act in 1993. Many employers,
including those employers that are nationally recognized as
having generous family-friendly benefit and leave programs, are
experiencing serious problems complying with the Act.
(2) The Secretary of Labor's overly broad regulations and
interpretations have caused many of these problems by greatly
expanding the Act's coverage to apply to many nonserious health
conditions.
(3) Between 1996 and 2002, six congressional hearings--two
in the Senate and four in the House of Representatives--
documented numerous implementation problems with the Act due to
the Department of Labor's misapplication of the Act through
some of its regulations and interpretations.
(4) Documented problems generated by the Act include
significant new administrative and personnel costs, loss of
productivity, scheduling difficulties, unnecessary paperwork
and recordkeeping, and other compliance problems.
(5) The Act often conflicts with employers' paid sick leave
policies, prevents employers from managing absences through
their absence control plans, and results in most leave under
the Act becoming paid leave.
(6) Administrative problems associated with the use of
intermittent leave under the Act are a well-documented issue.
Approximately three-quarters (76 percent) of respondents to a
2000 survey by the Society for Human Resource Management said
they would find compliance easier if the Department of Labor
allowed covered leave to be offered and tracked in half-day
increments rather than minutes.
(7) In 1996, the Commission on Leave, established by title
III of the Act (29 U.S.C. 2631 et seq.), reported few
compliance difficulties with the Act, but the Commission only
based its findings on leave taken between January 1994 and June
1995. Only after the final regulations became effective in
early 1995, and after the issuance of contradictory
interpretations of what constitutes a serious health condition,
did employers begin to encounter most compliance difficulties.
As a result, the Commission report failed to identify many
compliance problems, because the findings were primarily based
on leave taken before the final regulations became effective.
(8) A more recent Department of Labor survey, released in
January 2001 as an update requested by Congress to the 1996
Commission on Leave report, found that between 1995 and 2000,
there had been a 21.5 percent decline in the share of covered
establishments reporting that it was somewhat easy or very easy
to comply with the Act.
SEC. 3. DEFINITION OF SERIOUS HEALTH CONDITION.
Section 101(11) of the Family and Medical Leave Act of 1993 (29
U.S.C. 2611(11)) is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively;
(2) by inserting ``(A)'' before ``The term'';
(3) by adding at the end the following:
``(B) Such term includes an illness, injury,
impairment, or physical or mental condition that
involves care or treatment described in subparagraph
(a), such as a heart attack, a heart condition
requiring heart bypass or valve operations, a back
condition requiring extensive therapy or a surgical
procedure, a stroke, a severe respiratory condition, a
spinal injury, appendicitis, pneumonia, emphysema,
severe arthritis, a severe nervous disorder, an injury
caused by a serious accident on or off the job, an
ongoing pregnancy, a miscarriage, and a complication or
illness related to pregnancy (such as severe morning
sickness, a need for prenatal care, childbirth, and
recovery from childbirth); and
``(C) Such term does not include a short-term
illness, injury, impairment, or condition for which
treatment and recovery are very brief.''.
SEC. 4. INTERMITTENT LEAVE.
Section 102(b)(1) of the Family and Medical Leave Act of 1993 (29
U.S.C. 2612(b)(1)) is amended by inserting before the period at the end
of the second sentence the following: ``, as certified under section
103 by the health care provider after each leave occurrence. An
employer may require an employee to take intermittent leave in
increments of up to half a workday. An employer may require an employee
who travels as part of the normal day-to-day work or duty assignment of
the employee and who requests intermittent leave or leave on a reduced
schedule to take leave for the duration of that work or assignment if
the employer cannot reasonably accommodate the employee's request''.
SEC. 5. REQUEST FOR LEAVE.
Section 102(e) of the Family and Medical Leave Act of 1993 (29
U.S.C. 2612(e)) is amended by inserting after paragraph (2) the
following:
``(3) Request for leave.--If an employer does not exercise,
under subsection (d)(2), the right to require an employee to
substitute other employer-provided leave for leave under this
title, the employer may require the employee who wants leave
under this title to request the leave in a timely manner. if an
employer requires a timely request under this paragraph, an
employee who fails to make a timely request may be denied leave
under this title. For purposes of this paragraph, a request for
leave shall be considered timely if--
``(A) in the case of foreseeable leave, the
employee--
``(i) provides the applicable advance
notice required by paragraphs (1) and (2); and
``(ii) submits any written application
required by the employer for the leave not
later than 5 working days after providing the
notice to the employer; and
``(B) in the case of unforeseeable leave, the
employee--
``(i) notifies the employer orally of the
need for the leave--
``(I) not later than the date the
leave commences; or
``(II) during such additional
period as may be necessary, if the
employer is physically or mentally
incapable of providing the
notification; and
``(ii) submits any written application
required by the employer for the leave--
``(I) not later than 5 working days
after providing the notice to the
employer; or
``(II) during such additional
period as may be necessary, if the
employee is physically or mentally
incapable of submitting the
application.''.
SEC. 6. SUBSTITUTION OF PAID LEAVE.
Section 102(d)(2) of the Family and Medical Leave Act of 1993 (29
U.S.C. 2612(d)(2)) is amended by adding at the end the following:
``(C) Paid absence.--Notwithstanding subparagraphs
(A) and (B), with respect to leave provided under
subparagraph (D) of subsection (a)(1), where an
employer provides a paid absence under the employer's
collective bargaining agreement, a welfare benefit plan
under the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1001 et seq.), or under any other sick
leave, sick pay, or disability plan, program, or policy
of the employer, the employer may require the employee
to choose between the paid absence and unpaid leave
provided under this title.''.
SEC. 7. REGULATIONS.
(a) Revised Regulations.--The Secretary of Labor shall issue
revised regulations that implement the Family and Medical Leave Act of
1993 and reflect the amendments made by this Act. In issuing such
revised regulations, the Secretary shall--
(1) not later than 90 days after the date of enactment of
this Act--
(A) review all regulations issued before such date
of enactment, including the regulations published in
sections 825.114 and 825.115 of title 29, Code of
Federal Regulations; and
(B) issue proposed regulations; and
(2) not later than 180 days after the date of enactment of
this Act, issue final regulations, which shall take effect not
later than 90 days after the date of their issuance.
(b) Application of Existing Regulations.--Regulations and opinion
letters issued by the Secretary of Labor before the effective date of
the revised regulations under subsection (a) shall not apply to actions
taken by an employer after the effective date of such revised
regulations with respect to leave under the Family and Medical Leave
Act of 1993.
SEC. 8. EFFECTIVE DATE OF AMENDMENTS.
The amendments made by this Act shall take effect on the date of
issuance of the final regulations required under section 7(a)(2). | Family and Medical Leave Clarification Act - Amends the Family and Medical Leave Act of 1993 (FMLA) to revise the definition of serious health condition to: (1) exclude from FMLA coverage a short-term illness, injury, impairment, or condition for which treatment and recovery are very brief; and (2) include a list of examples of types of illnesses, injuries, impairments, and physical or mental conditions to be covered under FMLA.Allows employers to require that intermittent leave be taken in increments of up to half a work day.Sets forth leave request provisions.Permits employers to require employees to choose between taking unpaid leave provided by the FMLA or paid absence under an employer's collective bargaining agreement or other sick leave, sick pay, or disability plan, program, or policy of the employer. | {"src": "billsum_train", "title": "To amend the Family and Medical Leave Act of 1993 to clarify the Act, and for other purposes."} | 1,909 | 176 | 0.442888 | 1.337801 | 0.704366 | 4.045455 | 11.636364 | 0.876623 |
SECTION 1. CREDIT FOR INTEREST ON EDUCATION LOANS.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 22 the
following new section:
``SEC. 23. INTEREST ON EDUCATION LOANS.
``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this chapter
for the taxable year an amount equal to 15 percent of the interest paid
by the taxpayer during the taxable year on any qualified education
loan.
``(b) Maximum Credit.--The credit allowed by subsection (a) for the
taxable year shall not exceed $300.
``(c) Limitation on Taxpayers Eligible for Credit.--No credit shall
be allowed by this section to an individual for the taxable year if a
deduction under section 151 with respect to such individual is allowed
to another taxpayer for the taxable year beginning in the calendar year
in which such individual's taxable year begins.
``(d) Limit on Period Credit Allowed.--
``(1) Taxpayer and taxpayer's spouse.--Except as provided
in paragraph (2), a credit shall be allowed under this section
only with respect to interest paid on any qualified education
loan during the first 48 months (whether or not consecutive) in
which interest payments are required. For purposes of this
paragraph, any loan and all refinancings of such loan shall be
treated as 1 loan.
``(2) Dependent.--If the qualified education loan was used
to pay education expenses of an individual other than the
taxpayer or the taxpayer's spouse, a credit shall be allowed
under this section for any taxable year with respect to such
loan only if--
``(A) a deduction under section 151 with respect to
such individual is allowed to the taxpayer for such
taxable year, and
``(B) such individual is at least a half-time
student with respect to such taxable year.
``(e) Definitions.--For purposes of this section--
``(1) Qualified education loan.--The term `qualified
education loan' means any indebtedness incurred to pay
qualified higher education expenses--
``(A) which are incurred on behalf of the taxpayer,
the taxpayer's spouse, or a dependent of the taxpayer,
``(B) which are paid or incurred within a
reasonable period of time before or after the
indebtedness is incurred, and
``(C) which are attributable to education furnished
during a period during which the recipient was at least
a half-time student.
Such term includes indebtedness used to refinance indebtedness
which qualifies as a qualified education loan. The term
`qualified education loan' shall not include any indebtedness
owed to a person who is related (within the meaning of section
267(b) or 707(b)(1)) to the taxpayer.
``(2) Qualified higher education expenses.--The term
`qualified higher education expenses' means the cost of
attendance (as defined in section 472 of the Higher Education
Act of 1965, 20 U.S.C. 1087ll, as in effect on the day before
the date of the enactment of this Act) of the taxpayer, the
taxpayer's spouse, or a dependent of the taxpayer at an
eligible educational institution. For purposes of the preceding
sentence, the term `eligible educational institution' has the
same meaning given such term by section 135(c)(3), except that
such term shall also include an institution conducting an
internship or residency program leading to a degree or
certificate awarded by an institution of higher education, a
hospital, or a health care facility which offers postgraduate
training.
``(3) Half-time student.--The term `half-time student'
means any individual who would be a student as defined in
section 151(c)(4) if `half-time' were substituted for `full-
time' each place it appears in such section.
``(4) Dependent.--The term `dependent' has the meaning
given such term by section 152.
``(f) Special Rules.--
``(1) Denial of double benefit.--No credit shall be allowed
under this section for any amount for which a deduction is
allowable under any other provision of this chapter.
``(2) Marital status.--Marital status shall be determined
in accordance with section 7703.''
(b) Optional Deduction for Interest on Education Loans.--Paragraph
(2) of section 163(h) of the Internal Revenue Code of 1986 (defining
personal interest) is amended by striking ``and'' at the end of
subparagraph (D), by redesignating subparagraph (E) as subparagraph
(F), and by inserting after subparagraph (D) the following new
subparagraph:
``(E) any interest paid on a qualified education
loan (as defined in section 23(e)) during the period
described in section 23(d), unless a credit or
deduction is taken with respect to such interest under
any other provisions of this chapter, and''.
(c) Clerical Amendment.--The table of sections for such subpart A
is amended by inserting after the item relating to section 22 the
following new item:
``Sec. 23. Interest on education loans.''
(d) Effective Date.--The amendments made by this section shall
apply to any qualified education loan (as defined in section 23(e) of
the Internal Revenue Code of 1986, as added by this section) incurred
on, before, or after July 1, 1993, but only with respect to any loan
interest payment due after June 30, 1993, and before the termination of
the period described in section 23(d)(1) of such Code. | Amends the Internal Revenue Code to allow a tax credit for interest paid or incurred on any qualified education loan during the first 48 months (whether or not consecutive) for which interest payments are required to be made. Limits such credit to $300.
Allows such tax credit to parents only if the dependent is a student and a personal exemption is claimed for such dependent student.
Excludes interest paid on education loans from the definition of "personal interest" (thus, allowing a deduction to be taken) unless a credit or deduction with respect to such interest is taken. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to allow a credit for interest paid on education loans."} | 1,326 | 125 | 0.604623 | 1.561791 | 0.548915 | 3.008929 | 10.383929 | 0.866071 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Numismatic Rarities Certainty Act of
2007''.
SEC. 2. DISPOSITION OF CERTAIN UNITED STATES COINS.
(a) In General.--Subchapter II of chapter 51, United States Code,
is amended by adding at the end the following new section:
``SEC. 5123. INVENTORY AND DISPOSITION OF CERTAIN UNITED STATES COINS,
MEDALS, NUMISMATIC ITEMS, AND OTHER PIECES PRODUCED BY
THE UNITED STATES MINT.
``(a) Pieces Made Before 1933.--Any coin, medal, numismatic item,
or other piece struck or made in a United States Mint facility before
January 1, 1933, that, as of the date of the enactment of the
Numismatic Rarities Certainty Act of 2007, is not in the possession of
the United States Government shall not be considered to be property of
the United States, unless the coin, medal, numismatic item, or other
piece produced by the United States Mint is reacquired by the United
States Government for value given in a sale or exchange.
``(b) Inventory.--
``(1) In general.--By January 1, 2008, and every 5 years
thereafter, the Secretary of the Treasury shall conduct and
compile an inventory of all coins, medals, numismatic items,
and other pieces produced by the United States Mint that are
owned by the Department of the Treasury.
``(2) Information to be included.--The inventory shall
include a description of each item included in the inventory
and its current location and, if on loan, the name and location
of the agency, organization, or person that has custody of such
item.
``(3) Report on inventory.--The Secretary of the Treasury
shall submit the inventory together with a report containing
any findings, recommendations, or conclusions of the Secretary
with respect to the inventory to the President and the Congress
before January 31, 2008, and every 5 years thereafter.
``(c) Preservation, Display, Disposition or Destruction of Coins,
Medals, Numismatic Items and Other Pieces Produced by the United States
Mint That Are in the Possession of the United States Government.--
``(1) In general.--In the case of any coin, medal,
numismatic item, or other piece produced by the United States
Mint that is in, or comes into, the possession of the United
States Government, the coin, medal, numismatic item, or other
piece shall be transferred to the Secretary of the Treasury, if
not already in the Secretary's possession, and the Secretary
shall take the appropriate action required with respect to such
coin, medal, numismatic item, or other piece under paragraph
(2).
``(2) Disposition of coins, medals, or numismatic items.--
``(A) Determination of available items.--Upon
taking possession, under paragraph (1), of any coin,
medal, numismatic item, or other piece produced by the
United States Mint, the Secretary of the Treasury shall
make a determination of the number and condition of the
coins, medals, numismatic items, and pieces of the same
denomination, quality, type, and year of production as
the coin, medal, numismatic item, or piece referred to
in such paragraph, taking into account the most recent
inventory conducted in accordance with subsection (b).
``(B) Historic preservation and public display.--
The Secretary shall ensure that an appropriate number
of any coin, medal, numismatic item, or other piece
produced by the United States Mint of the same
denomination, quality, type, and year of production
that are in or come into the Secretary's possession--
``(i) are retained for historical purposes;
and
``(ii) are made available for public
viewing at such times and places as the
Secretary, in the sole discretion of the
Secretary, determines to be appropriate.
``(C) Sale of excess at public auction.--
``(i) In general.--If the Secretary
determines that the number of any coins,
medals, numismatic items, or other pieces
produced by the United States Mint of the same
denomination, quality, type, and year of
production that are in the Secretary's
possession exceeds the number that are
appropriate for historic preservation and
public display under subparagraph (B), the
Secretary may dispose of such excess, or such
portion of the excess as the Secretary
determines to be appropriate, at public
auction.
``(ii) Proceeds.--The proceeds from any
auction conducted by the Secretary under clause
(i) shall be deposited in a fund to be used for
the preservation and display of such coins,
medals, numismatic items, or other pieces
produced by the United States Mint that remain
in the possession of the Secretary in a way
that the Secretary, in consultation with the
Congress, determines to be appropriate.
``(D) Standards.--In making any determination with
regard to any public auction of coins, medals,
numismatic items, or other pieces under subparagraph
(C)(i), the following standards shall be taken into
account by the Secretary:
``(i) Maximum return to the Government.
``(ii) Interest of the numismatic community
in the sale and in the items to be offered for
sale.
``(iii) Interest of the general public in
the items to be offered for sale.
``(E) Destruction of unsold excess.--Any coins,
medals, numismatic items, or other pieces produced by
the United States Mint that--
``(i) were determined by the Secretary,
under subparagraph (C)(i) to be in excess of
the number of such coins, medals, numismatic
items, or pieces that are appropriate for
historic preservation and public display under
subparagraph (B); and
``(ii) remain unsold following an auction
under such subparagraph, or were withheld from
such auction by the Secretary in accordance
with subparagraph (C)(i),
may be treated as obsolete and disposed of in the
manner provided in section 5120.
``(3) Report to the congress.--In the event of the disposal
pursuant to paragraph (2)(E) of any coins, medals, numismatic
items, or other pieces produced by the United States Mint, the
Secretary shall immediately report such disposal to the
Committee on Financial Services of the House of Representatives
and the Committee on Banking, Housing, and Urban Affairs of the
Senate.
``(4) Definitions.--For purposes of this section, the
following definitions shall apply:
``(A) Numismatic item.--The term `numismatic item'
includes any item that would be included within the
meaning of such term under section 5134(a)(3) if the
Secretary of the Treasury had the lawful authority to
make the item when it was made.
``(B) Coin, medal, numismatic item, or other piece
struck or made in a united states mint facility.--The
terms `coin, medal, numismatic item, or other piece
struck or made in a United States Mint facility' and
`any coins, medals, numismatic items, or other pieces
produced by the United States Mint' do not include any
item produced for a foreign country or any person.''.
(b) Clerical Amendment.--The table of sections for chapter 51,
United States Code, is amended by inserting after the item relating to
section 5122 the following new item:
``Sec. 5123. Inventory and disposition of certain United States coins,
medals, numismatic items, and other pieces
produced by the United States Mint.''. | Numismatic Rarities Certainty Act of 2007 - Declares that any coin, medal, numismatic item, or any other piece made or struck by the U.S. Mint before January 1, 1933, that is not in federal government possession shall not be considered to be U.S. property unless it is reacquired by the United States for value given in a sale or exchange.
Instructs Secretary of the Treasury periodically to compile and report to the President and Congress on an inventory of such items owned by the Department of the Treasury.
Requires transfer to the Secretary of any such item that comes into U.S. government possession.
Prescribes procedures for disposition of such items, including historic preservation, public display, and sales at public auction. | {"src": "billsum_train", "title": "To amend title 31, United States Code, to provide a clear line of demarcation with regard to private ownership of any coin, medal, or numismatic item made or issued by the United States Government before January 1, 1933, and of any piece produced by the United States Mint before such date, that is not in the possession of the United States Government, to establish requirements with respect to the inventory of certain United States coins, medals, numismatic items, and other pieces produced by the United States Mint that are owned by the Department of the Treasury, and for other purposes."} | 1,748 | 169 | 0.643325 | 1.706969 | 0.612971 | 3.637037 | 11.555556 | 0.896296 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting Care for the Frail Elderly
Act of 2002''.
SEC. 2. PROMOTION OF CARE FOR THE FRAIL ELDERLY.
(a) Revisions to Risk Adjustment Methodology.--
(1) In general.--The Secretary shall revise the risk
adjustment methodology under section 1853(a)(3) of the Social
Security Act (42 U.S.C. 1395w-23(a)(3)) applicable to payments
to Medicare+Choice organizations offering, whether directly or
under a contract, specialized programs for frail elderly or at-
risk beneficiaries to take into account variations in costs
incurred by such organizations.
(2) Methods considered.--In revising the risk adjustment
methodology under paragraph (1), the Secretary shall consider--
(A) hybrid risk adjustment payment systems, such as
partial capitation;
(B) new diagnostic and service markers that
accurately predict high risk;
(C) including structural components to reduce
payment lag and to account for specific risk factors,
such as high end-of-life costs and high death rates;
(D) providing for adjustments to payment amounts
for beneficiaries with comorbidities;
(E) testing concurrent risk adjustment
methodologies;
(F) testing payment methods using data from
specialized programs for frail elderly or at-risk
beneficiaries; and
(G) the recommendations contained in the report
required to be submitted under subsection (e)(2).
(3) Implementation.--The Secretary shall implement the
revisions required under paragraph (1) not later than January
1, 2006.
(b) Interim Continuation of Blended Rate for Specialized Programs
for Frail Elderly and At-Risk Medicare Beneficiaries Residing in
Institutions.--In the case of a Medicare+Choice organization that
offers a Medicare+Choice plan that offers, either directly or under a
contract, a specialized program for frail elderly or at-risk
beneficiaries that exclusively serves beneficiaries in institutions or
beneficiaries who are entitled to medical assistance under a State plan
under title XIX, notwithstanding section 1853(a)(3)(C)(ii) of the
Social Security Act (42 U.S.C. 1395w-23(a)(3)(C)(ii)), such
organization shall be paid according to the method described in
subclause (I) of such section until such time as the Secretary has
implemented the revised risk adjustment methodology required under
subsection (a).
(c) Interim Continuation of Payment Methodologies for Demonstration
Programs.--Notwithstanding any other provision of law, payment
methodologies for medicare demonstration programs for specialized
programs for frail elderly or at-risk beneficiaries (as defined in
subsection (f)) shall continue under the terms and conditions of the
demonstration authority for such programs in effect during 2002,
including the risk adjustment factors and formula used for paying such
demonstration programs. Such terms and conditions shall continue to
apply with respect to each specialized program for frail elderly or at-
risk beneficiaries offered by a Medicare+Choice organization that
participated in a demonstration program after the termination of such
program until such time as the Secretary has implemented the revised
risk adjustment methodology required under subsection (a).
(d) Demonstration Program for Medicare+Choice Payment Reform for
Specialized Programs.--
(1) In general.--The Secretary shall establish a 5-year
demonstration program to develop and evaluate--
(A) payment models that pay appropriately for
specialized Medicare+Choice plans that exclusively
serve, or serve a disproportionate number of, frail
elderly or at-risk beneficiaries (either directly or
under a contract); and
(B) clinical models that improve outcomes.
(2) Requirements.--A Medicare+Choice organization that
offers, either directly or under a contract, a specialized
program for frail elderly or at-risk beneficiaries may
participate in the demonstration program under this subsection
if such Medicare+Choice organization meets the following
requirements:
(A) Plan composition.--The specialized program for
frail elderly or at-risk beneficiaries shall--
(i) serve frail elderly or at-risk
beneficiaries exclusively;
(ii) serve a disproportionate number of
frail or at-risk beneficiaries; or
(iii) serve a disproportionate number of
frail or at-risk beneficiaries who are also
entitled to benefits under a State plan under
title XIX.
(B) Clinical capacity.--The specialized program for
frail elderly or at-risk beneficiaries shall employ a
clinical delivery system that meets the needs of frail
elderly or at-risk beneficiaries, including--
(i) initiatives to prevent, delay, or
minimize the progression of chronic disease and
disabilities;
(ii) high-risk screening to identify risk
of hospitalization, nursing home placement,
functional decline, death, and other factors
that increase the costs of care provided;
(iii) staff with special training in
chronic care and geriatric care such as
geriatricians, geriatric nurse practitioners,
and geriatric care managers;
(iv) initiatives for promoting integration
of care, financing, and administrative
functions across health care settings; and
(v) clinical protocols for specific high
cost conditions identified by the Secretary for
which outcomes will be evaluated as part of the
demonstration program under this subsection.
(C) Data collection.--Each Medicare+Choice
organization that participates in the demonstration
program under this subsection shall collect such data
in such format as the Secretary may require to monitor
the quality of services provided, outcomes, and costs,
including functional and diagnostic data and
information collected through the Health Outcomes
Survey or another appropriate mechanism.
(D) Quality assurance.--Each Medicare+Choice
organization that participates in the demonstration
program under this section shall employ such quality
standards and track such quality indicators as the
Secretary may specify that are relevant to the special
needs of enrollees. The Secretary shall identify such
quality standards and indicators prior to implementing
the demonstration program under this subsection.
(3) Payment.--
(A) Minimum amount.--The Secretary shall ensure
that each Medicare+Choice organization that
participates in the demonstration program under this
subsection is not paid less than the amount that would
have been paid with respect to each frail elderly or
at-risk beneficiary enrolled in a specialized program
for frail elderly or at-risk beneficiaries offered by
such organization than would have been paid with
respect to such beneficiaries if such beneficiaries
received benefits under the original medicare fee-for-
service program under parts A and B of title XVIII of
the Social Security Act.
(B) Model.--The Secretary shall establish a payment
model applicable under the demonstration program that
is based upon the CMS-HCC 61 significant condition
model.
(C) Payment for standard benefits.--The Secretary
shall pay Medicare+Choice organizations participating
in the demonstration program under the standard CMS-HCC
61-condition model for nonfrail members and under a
special frailty-adjusted payment for the frail or at-
risk members based on requirements under parts A and B
of title XVIII of the Social Security Act.
(D) Payment for additional benefits.--
Medicare+Choice organizations that participate in the
demonstration program and that agree to an additional
mandate for benefits exceeding those required under
parts A and B of title XVIII of the Social Security Act
shall be compensated separately for providing such
benefits.
(E) Frailty adjuster.--The Secretary shall
establish and apply a frailty adjuster that is
structured as an add-on payment in relation to the
amount of underpayment resulting from the standard
formula.
(F) Reinsurance.--The Secretary shall provide
reinsurance above a specified threshold.
(G) Financial incentives.--The Secretary shall
provide for financial incentives for Medicare+Choice
organizations that participate in the demonstration
program, including bonus payments that shall be made in
relation to meeting predefined outcome targets.
(4) Waiver authority.--The Secretary may waive such
requirements of titles XI and XVIII of the Social Security Act
as may be necessary to carry out the demonstration program
under this subsection.
(5) Funding.--From the sums already authorized to be
appropriated for demonstration projects to be conducted by the
Secretary, $25,000,000 may be appropriated to carry out the
demonstration program under this subsection.
(6) Budget neutrality adjustment factor.--Upon enactment of
this subsection, the Secretary shall provide for an adjustment
to Medicare+Choice payment rates for the year to ensure that
the aggregate payments under this part in that year shall be
equal to aggregate payments that would have been made under the
Medicare+Choice program in that year if this subsection had not
been enacted.
(e) MedPAC Study To Identify Frailty Indicators and Develop Frailty
Adjustment to Medicare+Choice Payments.--
(1) Study.--
(A) In general.--The Medicare Payment Advisory
Commission, in consultation with private organizations
representing Medicare+Choice organizations that offer
specialized programs for frail elderly or at-risk
beneficiaries, shall conduct a study on the feasibility
and advisability of establishing a frailty adjustment
to the Medicare+Choice risk adjustment methodology that
ensures that an appropriate level of payment is made to
Medicare+Choice plans that serve a disproportionate
number of frail or at-risk beneficiaries.
(B) Study parameters.--The study shall identify
indicators of frailty, medical complexity, or risk that
result in higher costs for certain risk groups within
the medicare population such as institutionalized
residents, nursing home certifiable residents living in
the community, beneficiaries with multiple complex
chronic conditions, beneficiaries with late-stage
diseases or conditions, medicare beneficiaries with
functional or cognitive impairments that limit the
ability of such beneficiaries to live independently,
and other indicators of higher health care utilization.
(C) Frailty indicators.--The indicators of frailty
described in subparagraph (B) may include--
(i) specific diagnoses or clusters of
diagnoses;
(ii) the presence of multiple serious
chronic conditions;
(iii) certain groupings of chronic
conditions;
(iv) the presence of functional impairments
or, alone or in combination with diagnostic
factors, a specific hierarchy of functional
loss; or
(v) other factors that result in the need
for complex medical care or higher medical
costs.
(2) Report.--Not later than the date that is 2 years after
the date of enactment of this Act, the Medicare Payment
Advisory Commission shall submit to Congress and the Secretary
a report on the study conducted under paragraph (1) together
with such recommendations for legislation or administrative
action as the Secretary determines appropriate.
(f) Definitions.--In this section:
(1) Activities of daily living.--The term ``activities of
daily living'' means each of the following:
(A) Eating.
(B) Toileting.
(C) Transferring.
(D) Bathing.
(E) Dressing.
(F) Continence.
(2) Disproportionate.--The term ``disproportionate'' means,
in relation to the composition of a Medicare+Choice plan, a
higher percentage of frail or at-risk beneficiaries than the
national average for all Medicare+Choice plans.
(3) Frail or at-risk beneficiary.--The term ``frail or at-
risk beneficiary'' means an individual who--
(A) has a level of disability such that the
individual is unable to perform for a period of at
least 90 days due to a loss of functional capacity--
(i) at least 2 activities of daily living;
or
(ii) such number of instrumental activities
of daily living that is equivalent (as
determined by the Secretary) to the level of
disability described in clause (i);
(B) requires substantial supervision to protect the
individual from threats to health and safety due to
severe cognitive impairment;
(C) has multiple medically complex chronic
conditions;
(D) is at risk of hospitalization, nursing home
placement, functional decline, or death within 12
months or other factors that increase the costs of
medical care; and
(E) has a severity of condition that makes the
individual frail or disabled (as determined under
guidelines approved by the Secretary).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(5) Specialized programs for frail elderly or at-risk
beneficiaries.--The term ``specialized programs for frail
elderly or at-risk beneficiaries'' means--
(A) demonstrations approved by the Secretary for
purposes of testing the integration of acute and
expanded care services under prepaid financing which
include prescription drugs and other noncovered
ancillary services, care coordination, and home and
community-based services, such as the social health
maintenance organization demonstration project
authorized under section 2355 of the Deficit Reduction
Act of 1984 and expanded under section 4207(b)(4)(B)(i)
of the Omnibus Reconciliation Act of 1990;
(B) demonstrations approved by the Secretary for
purposes of improving quality of care and preventing
hospitalizations for nursing home residents, such as
the EverCare demonstration project;
(C) demonstrations approved by the Secretary for
purposes of testing methods for integrating medicare
and medicaid benefits for the dually eligible, such as
the Minnesota Senior Health Options program, the
Wisconsin Partnership program, the Massachusetts Senior
Care Organization program, and the Rochester Continuing
Care Network program (Seniors Health Plus);
(D) demonstrations approved by the Secretary under
subsection (d);
(E) specialized provider-based programs that focus
on improving the quality of care provided to, and
preventing the hospitalizations of, residents of
skilled nursing facilities; and
(F) such other demonstrations or programs approved
by the Secretary for similar purposes, as determined by
the Secretary. | Promoting Care for the Frail Elderly Act of 2002 - Amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to revise the risk adjustment methodology applicable to payments to Medicare+Choice organizations offering, whether directly or under a contract, specialized programs for frail elderly or at-risk beneficiaries to take into account variations in costs incurred by such organizations.Provides for interim continuation of the following until the revised risk adjustment methodology required above is implemented by the Secretary: (1) blended rate for specialized programs for frail elderly and at-risk Medicare beneficiaries residing in institutions; and (2) payment methodologies for Medicare demonstration programs for specialized programs for frail elderly or at-risk beneficiaries.Directs the Secretary to establish a five-year demonstration program to develop and evaluate: (1) payment models that pay appropriately for specialized Medicare+Choice plans that exclusively serve, or serve a disproportionate number of, frail elderly or at-risk beneficiaries; and (2) clinical models that improve outcomes.Requires the Medicare Payment Advisory Commission (MEDPAC) to study and report to Congress and the Secretary on the feasibility and advisability of establishing a frailty adjustment to the Medicare+Choice risk adjustment methodology that ensures that an appropriate level of payment is made to Medicare+Choice plans that serve a disproportionate number of frail or at-risk beneficiaries. | {"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to assure fair and adequate payment for high-risk medicare beneficiaries and to establish payment incentives and to evaluate clinical methods for assuring quality services to people with serious and disabling chronic conditions."} | 3,009 | 321 | 0.708109 | 1.996843 | 0.901619 | 5.392308 | 10.3 | 0.976923 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Local Participation in Railroad
Operations Act''.
SEC. 2. LOCAL INPUT.
(a) Amendment.--Chapter 109 of title 49, United States Code, is
amended by adding at the end the following new section:
``Sec. 10908. Local input
``(a) Requirement.--A rail carrier providing transportation subject
to the jurisdiction of the Board under this part shall not construct,
develop, or expand railroad maintenance facilities, intermodal rail
transfer facilities, railroad sidings, railroad bridges, railroad
yards, or other railroad facilities unless the Board determines that
the rail carrier has--
``(1) provided local communities with appropriate notice of
such activities;
``(2) held at least one public hearing in each municipality
which is directly affected by such activities; and
``(3) made good faith efforts to address concerns raised in
response to such notice.
``(b) Appropriate Notice.--Not later than 6 months after the date
of the enactment of this section, the Board shall by regulation
prescribe procedures that constitute appropriate notice under various
foreseeable circumstances, including emergency circumstances.''.
(b) Table of Sections.--The table of sections for such chapter 109
is amended by adding at the end the following new item:
``10908. Local input.''.
SEC. 3. PUBLIC MEETINGS.
(a) Requirement.--Within 6 months after the date of the enactment
of this Act, and annually thereafter, the Secretary of Transportation
shall convene 6 public meetings, including at least one in northern New
Jersey, to provide an opportunity for the participants to present their
views, respond to the views of others, and discuss issues relating to
the quality of life and safety of persons who live, work, or are for
any other reason near railroad tracks. The goal of such meetings shall
be the identification of appropriate solutions to the quality-of-life
and safety problems that are discussed. The meetings shall be held in
diverse geographic locations where the Secretary considers the need for
and benefits to be derived from such meetings to be the greatest.
(b) Participation.--The Secretary of Transportation shall make
every effort to ensure participation at such meetings by local elected
officials, appropriate representatives of the Department of
Transportation, State and local environmental protection agencies,
local public health officials, railroad management, railroad labor,
railroad shippers, and individuals representing community interests.
(c) Reports to Congress.--The Secretary of Transportation shall,
within 3 months after the completion of each round of public meetings
convened pursuant to subsection (a), transmit to the Congress a report
summarizing the results of the public meetings, and including
recommendations to Congress for measures to help improve the quality of
life and safety of persons who live, work, or are for any other reason
near railroad tracks.
SEC. 4. PROTECTING LOCAL RESIDENTS IN RAILROAD TRANSACTIONS.
Section 11324 of title 49, United States Code, is amended by adding
at the end the following new subsection:
``(g) The Board shall not approve a transaction described in
section 11323(a) unless the Board has received assurances that the rail
carriers who will be responsible for rail operations resulting from or
affected by the transaction have addressed adequately and will continue
to address adequately problems identified with respect to the quality
of life and safety of persons who live, work, or are for any other
reason near railroad tracks.''.
SEC. 5. REGULATIONS TO REDUCE NOISE POLLUTION ALONG RAILROAD LINES.
(a) Requirement.--Within 6 months after the date of the enactment
of this Act, the Administrator of the Environmental Protection Agency,
after consultation with the Secretary of Transportation, shall publish
in the Federal Register proposed regulations for reducing noise
pollution generated from railroad operations and railroad facilities.
(b) Public Health and Welfare.--Such regulations shall be
prescribed to protect the public health and welfare, including the
health and welfare of persons who live, work, or are for any other
reason near railroad tracks, taking into account the degree of noise
reduction improvements achievable through the application of the best
available technology and the cost of compliance.
(c) Audible Warnings.--In prescribing such regulations, the
Administrator shall give strong consideration to section 20153 of title
49, United States Code, and shall seek to ensure that public safety is
not compromised.
(d) Final Regulations.--Within 90 days after publication of
proposed regulations under subsection (a), the Administrator shall
promulgate final regulations. Regulations issued under this section
shall be in lieu of any Federal railroad-related noise regulations for
locomotives and rail cars. Such regulations may be revised, from time
to time, in accordance with this section.
(e) Repeal.--Upon the issuance of final regulations under
subsection (d), section 17 of the Noise Control Act of 1972 (42 U.S.C.
4916) is repealed. | Prohibits the Board from approving the consolidation, merger, and acquisition of control of a rail carrier by one or more rail carriers unless it has received assurances that the rail carriers have addressed adequately and will continue to address adequately problems identified with respect to the quality of life and safety of persons who live, work, or are for any other reason near railroad tracks.
Directs the Administrator of the Environmental Protection Agency to publish in the Federal Register proposed regulations for reducing noise pollution generated from railroad operations and railroad facilities. Sets forth certain regulation requirements. Repeals a section of the Noise Control Act of 1972 regarding railroad noise emission standards upon the issuance of the final regulations under this Act. | {"src": "billsum_train", "title": "Local Participation in Railroad Operations Act"} | 1,094 | 146 | 0.466415 | 1.316572 | 0.510994 | 5.89313 | 7.648855 | 0.870229 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indian and Alaska Native Foster Care
and Adoption Services Amendments of 2001''.
SEC. 2. AUTHORITY OF INDIAN TRIBES TO RECEIVE FEDERAL FUNDS FOR FOSTER
CARE AND ADOPTION ASSISTANCE.
(a) Children Placed in Tribal Custody Eligible for Foster Care
Funding.--Section 472(a)(2) of the Social Security Act (42 U.S.C.
672(a)(2)) is amended--
(1) by striking ``or (B)'' and inserting ``(B)''; and
(2) by inserting before the semicolon the following: ``, or
(C) an Indian tribe (as defined in section 479B(e)) or an
intertribal consortium if the Indian tribe or consortium is not
operating a program pursuant to section 479B and (i) has a
cooperative agreement with a State pursuant to section 479B(c)
or (ii) submits to the Secretary a description of the
arrangements (jointly developed or developed in consultation
with the State) made by the Indian tribe or consortium for the
payment of funds and the provision of the child welfare
services and protections required by this title''.
(b) Programs Operated by Indian Tribal Organizations.--Part E of
title IV of the Social Security Act (42 U.S.C. 670 et seq.) is amended
by adding at the end the following:
``SEC. 479B. PROGRAMS OPERATED BY INDIAN TRIBAL ORGANIZATIONS.
``(a) Application.--Except as provided in subsection (b), this part
shall apply to an Indian tribe that elects to operate a program under
this part in the same manner as this part applies to a State.
``(b) Modification of Plan Requirements.--
``(1) In general.--In the case of an Indian tribe
submitting a plan for approval under section 471, the plan
shall--
``(A) in lieu of the requirement of section
471(a)(3), identify the service area or areas and
population to be served by the Indian tribe; and
``(B) in lieu of the requirement of section
471(a)(10), provide for the approval of foster homes
pursuant to tribal standards and in a manner that
ensures the safety of, and accountability for, children
placed in foster care.
``(2) Determination of federal share.--
``(A) Per capita income.--
``(i) In general.--For purposes of
determining the Federal medical assistance
percentage applicable to an Indian tribe under
paragraphs (1) and (2) of section 474(a), the
calculation of an Indian tribe's per capita
income shall be based upon the service
population of the Indian tribe as defined in
its plan in accordance with paragraph (1)(A).
``(ii) Consideration of other
information.--An Indian tribe may submit to the
Secretary such information as the Indian tribe
considers relevant to the calculation of the
per capita income of the Indian tribe, and the
Secretary shall consider such information
before making the calculation.
``(B) Administrative expenditures.--The Secretary
shall, by regulation, determine the proportions to be
paid to Indian tribes pursuant to section 474(a)(3),
except that in no case shall an Indian tribe receive a
lesser proportion than the corresponding amount
specified for a State in that section.
``(C) Sources of non-federal share.--An Indian
tribe may use Federal or State funds to match payments
for which the Indian tribe is eligible under section
474.
``(3) Modification of other requirements.--Upon the request
of an Indian tribe or tribes, the Secretary may modify any
requirement under this part if, after consulting with the
Indian tribe or tribes, the Secretary determines that
modification of the requirement would advance the best
interests and the safety of children served by the Indian tribe
or tribes.
``(4) Consortium.--The participating Indian tribes of an
intertribal consortium may develop and submit a single plan
under section 471 that meets the requirements of this section.
``(c) Cooperative Agreements.--An Indian tribe or intertribal
consortium and a State may enter into a cooperative agreement for the
administration or payment of funds pursuant to this part. In any case
where an Indian tribe or intertribal consortium and a State enter into
a cooperative agreement that incorporates any of the provisions of this
section, those provisions shall be valid and enforceable. Any such
cooperative agreement that is in effect as of the date of enactment of
this section, shall remain in full force and effect subject to the
right of either party to the agreement to revoke or modify the
agreement pursuant to the terms of the agreement.
``(d) Regulations.--Not later than 1 year after the date of
enactment of this section, the Secretary shall, in full consultation
with Indian tribes and tribal organizations, promulgate regulations to
carry out this section.
``(e) Definitions of Indian Tribe; Tribal Organizations.--In this
section, the terms `Indian tribe' and `tribal organization' have the
meanings given those terms in subsections (e) and (l) of section 4 of
the Indian Self-Determination and Education Assistance Act (25 U.S.C.
450b), respectively.''.
(c) Effective Date.--The amendments made by this section take
effect on the date of enactment of this Act without regard to
regulations to implement such amendments being promulgated by such
date. | Indian and Alaska Native Foster Care and Adoption Services Amendments of 2001 - Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to provide for Federal foster care maintenance payments to qualifying Indian tribal plans designed for foster and adoptive care of an Indian child.Sets forth Federal assistance (including medical assistance) eligibility requirements for such programs operated by Indian tribal organizations. | {"src": "billsum_train", "title": "A bill to amend part E of title IV of the Social Security Act to provide equitable access for foster care and adoption services for Indian children in tribal areas."} | 1,278 | 86 | 0.599284 | 1.452445 | 0.786346 | 3.133333 | 14.48 | 0.866667 |
SECTION 1. YUMA CROSSING NATIONAL HERITAGE AREA BOUNDARY ADJUSTMENT.
Section 3(b) of the Yuma Crossing National Heritage Area Act of
2000 (16 U.S.C. 461 note; Public Law 106-319; 114 Stat. 1281) is
amended to read as follows:
``(b) Boundaries.--The Heritage Area shall be comprised generally
of the riverfront and downtown areas. More specifically, the boundaries
shall be as follows:
A boundary with a true point of beginning and inclusive of a section of
land located at Township 8 South, Range 22 West, Section 19 and
excepting therefrom parcels 108-16-004 and 108-16-002 and said boundary
beginning at the northwest section corner in alignment with the north
right-of-way line of the Colorado River Levee and thence westerly along
the north right-of-way line of the Colorado River Levee a distance of
15,840 ft (+/-) to the point of intersection of the north right-of-way
line of the Colorado River Levee and the centerline of Quechan Road/
Penitentiary Avenue, thence southerly along the centerline of Quechan
Road/Penitentiary Avenue a distance of 1,320 ft (+/-) to the point of
intersection of the centerline of Quechan Road/Penitentiary Avenue and
the north full bank line of the Colorado River, thence westerly along
the north full bank line of the Colorado River a distance of 10,579 ft
(+/-) to the point of intersection of the north full bank line of the
Colorado River and the centerline of 23rd Avenue, thence southerly
along the centerline of 23rd Avenue a distance of 1,320 ft (+/-) to the
point of intersection of the centerline of 23rd Avenue and the southern
right-of-way line of the Yuma Valley Levee/Yuma Valley Railroad right-
of-way, thence easterly along the southern right-of-way line of the
Yuma Valley Levee/Yuma Valley Railroad right-of-way a distance of 6,953
ft (+/-) to the point of intersection of the southern right-of-way line
of the Yuma Valley Levee/Yuma Valley Railroad and the centerline of
Lovers Lane, thence southwesterly along the centerline of Lovers Lane a
distance of 948 ft (+/-) to the point of intersection of the centerline
of Lovers Lane and the centerline of First Street, thence easterly
along the centerline of First Street a distance of 1,390 ft (+/-) to
the point of intersection of the centerline of First Street and the
centerline of the alleyway mid-block between 1st and 2nd Avenues,
thence southerly along the centerline of the alleyway mid-block between
1st and 2nd Avenues a distance of 2,030 ft (+/-) to the point of
intersection of the centerline of the alleyway mid-block between 1st
and 2nd Avenues and the centerline of Giss Parkway, thence westerly
along the centerline of Giss Parkway a distance of 190 ft (+/-) to the
point of intersection of the centerline of Giss Parkway and the
centerline of 2nd Avenue, thence southerly along the centerline of 2nd
Avenue a distance of 660 ft (+/-) to the point of intersection of the
centerline of 2nd Avenue and the centerline of 4th Street, thence
westerly along the centerline of 4th Street a distance of 570 ft (+/-)
to the point of intersection of the centerline of 4th Street and the
centerline of the alleyway between 3rd and 4th Avenues, thence
southerly along the centerline of the alleyway between 3rd and 4th
Avenues a distance of 660 ft (+/-) to the point of intersection of the
centerline of the alleyway between 3rd and 4th Avenues and the
centerline of 5th Street, thence westerly along the centerline of 5th
Street a distance of 190 ft (+/-) to the point of intersection of the
centerline of 5th Street and the centerline of 4th Avenue, thence
southerly along the centerline of 4th Avenue a distance of 660 ft (+/-)
to the point of intersection of the centerline of 4th Avenue and the
centerline of 6th Street, thence easterly along the centerline of 6th
Street a distance of 190 ft (+/-) to the point of intersection of the
centerline of 6th Street and the centerline of the alleyway between 3rd
and 4th Avenues, thence southerly along the centerline of the alleyway
a distance of 660 ft (+/-) to the point of intersection of the
centerline of the alleyway between 3rd and 4th Avenues and the
centerline of 7th Street, thence easterly along the centerline of 7th
Street a distance of 190 ft (+/-) to the point of intersection of the
centerline of 7th Street and the centerline of 3rd Avenue, thence
southerly along the centerline of 3rd Avenue a distance of 440 ft (+/-)
to the point of intersection of the centerline of 3rd Avenue and the
centerline of 8th Street, thence easterly along the centerline of 8th
Street a distance of 1,140 ft (+/-) to the point of intersection of the
centerline of 8th Street and the centerline of Madison Avenue, thence
northerly along the centerline of Madison Avenue a distance of 1,765 ft
(+/-) to the point of intersection of the centerline of Madison Avenue
and the centerline of 5th Street, thence easterly along the centerline
of 5th Street a distance of 2,035 ft (+/-) to the point of intersection
of the centerline of 5th Street and the centerline of the Union
Pacific/Southern Pacific Railroad right-of-way, thence north/
northwesterly along the centerline of the Union Pacific/Southern
Pacific Railroad right-of-way a distance of 5,402 ft (+/-) to the point
of intersection of the centerline of the Union Pacific/Southern Pacific
Railroad right-of-way and the centerline of Prison Lane, thence east/
southeasterly along the centerline of Prison Lane a distance of 535 ft
(+/-) to the point of intersection of the centerline of Prison Lane and
the southern right-of-way line of the Gila River Levee, thence
southeasterly along the southern right-of-way line of the Gila River
Levee a distance of 3,320 ft (+/-) to a point, thence easterly along
the southern right-of-way line of the Gila River Levee a distance of
13,540 ft (+/-) to the southwest section corner of Township 8 South,
Range 22 West, Section 19, inclusive of the section and excepting
therefrom the aforementioned parcels, as the true point of
beginning.''. | Amends the Yuma National Heritage Area Act of 2000 to adjust the boundaries of the Yuma Crossing National Heritage Area to comprise generally the riverfront and downtown areas.
. | {"src": "billsum_train", "title": "A bill to amend the Yuma Crossing National Heritage Area Act of 2000 to adjust the boundary of the Yuma Crossing National Heritage Area."} | 1,657 | 38 | 0.484424 | 1.340126 | 0.946738 | 3.967742 | 41.903226 | 0.870968 |
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