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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Personnel Financial
Services Education Act of 2005''.
SEC. 2. CONSUMER EDUCATION FOR MEMBERS OF THE ARMED FORCES AND THEIR
SPOUSES ON INSURANCE AND OTHER FINANCIAL SERVICES.
(a) Education and Counseling Requirements.--
(1) In general.--Chapter 50 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 992. Consumer education: financial services
``(a) Requirement for Consumer Education Program for Members.--(1)
The Secretary concerned shall carry out a program to provide
comprehensive education to members of the armed forces under the
jurisdiction of the Secretary on--
``(A) financial services that are available under law to
members;
``(B) financial services that are routinely offered by
private sector sources to members;
``(C) practices relating to the marketing of private sector
financial services to members;
``(D) such other matters relating to financial services
available to members, and the marketing of financial services
to members, as the Secretary considers appropriate; and
``(E) such other financial practices as the Secretary
considers appropriate.
``(2) Training under this subsection shall be provided to members
as--
``(A) a component of the members' initial entry training;
``(B) a component of each level of the members'
professional development training that is required for
promotion; and
``(C) a component of periodically recurring required
training that is provided for the members at military
installations.
``(3) The training provided at a military installation under
paragraph (2)(C) shall include information on any financial services
marketing practices that are particularly prevalent at that military
installation and in the vicinity.
``(b) Counseling for Members and Spouses.--(1) The Secretary
concerned shall provide counseling on financial services to each member
of the armed forces under the jurisdiction of the Secretary.
``(2) The Secretary concerned shall, upon request, provide
counseling on financial services to the spouse of any member of the
armed forces under the jurisdiction of the Secretary.
``(2) The Secretary concerned shall provide counseling on financial
services under this subsection as follows:
``(A) In the case of members, and the spouses of members,
assigned to a military installation to which at least 750
members of the armed forces are assigned, through a full-time
financial services counselor at such installation.
``(B) In the case of members, and the spouses of members,
assigned to a military installation other than an installation
described in subparagraph (A), through such mechanisms as the
Secretary considers appropriate, including through the
provision of counseling by a member of the armed forces in
grade E-7 or above, or a civilian, at such installation who
provides such counseling as a part of the other duties
performed by such member or civilian, as the case may be, at
such installation.
``(3) Each financial services counselor under paragraph (2)(A), and
each individual providing counseling on financial services under
paragraph (2)(B), shall be an individual who, by reason of education,
training, or experience, is qualified to provide helpful counseling to
members of the armed forces and their spouses on financial services and
marketing practices described in subsection (a)(1). Such individual may
be a member of the armed forces or an employee of the Federal
Government.
``(4) The Secretary concerned shall take such action as is
necessary to ensure that each financial services counselor under
paragraph (2)(A), and each individual providing counseling on financial
services under paragraph (2)(B), is free from conflicts of interest
relevant to the performance of duty under this section and, in the
performance of that duty, is dedicated to furnishing members of the
armed forces and their spouses with helpful information and counseling
on financial services and related marketing practices.
``(5) The Secretary concerned may authorize financial services
counseling to be provided to members of a unit of the armed forces by
unit personnel under the guidance and with the assistance of a
financial services counselor under paragraph (2)(A) or an individual
providing counseling on financial services under paragraph (2)(B), as
applicable.
``(c) Life Insurance.--(1) In counseling a member of the armed
forces, or spouse of a member of the armed forces, under this section
regarding life insurance offered by a private sector source, a
financial services counselor under subsection (b)(2)(A), or an
individual providing counseling on financial services under subsection
(b)(2)(B), shall furnish the member or spouse, as the case may be, with
information on the availability of Servicemembers' Group Life Insurance
under subchapter III of chapter 19 of title 38, including information
on the amounts of coverage available and the procedures for electing
coverage and the amount of coverage.
``(2)(A) A covered member of the armed forces may not authorize
payment to be made for private sector life insurance by means of an
allotment of pay to which the member is entitled under chapter 3 of
title 37 unless the authorization of allotment is accompanied by a
written certification by a commander of the member, or by a financial
services counselor referred to in subsection (b)(2)(A) or an individual
providing counseling on financial services under subsection (b)(2)(B),
as applicable, that the member has received counseling under paragraph
(1) regarding the purchase of coverage under that private sector life
insurance.
``(B) Subject to subparagraph (C), a written certification
described in subparagraph (A) may not be made with respect to a
member's authorization of allotment as described in subparagraph (A)
until 7 days after the date of the member's authorization of allotment
in order to facilitate the provision of counseling to the member under
paragraph (1).
``(C) The commander of a member may waive the applicability of
subparagraph (B) to a member for good cause, including the member's
imminent change of station.
``(D) In this paragraph, the term `covered member of the armed
forces' means a member of the armed forces in grades E-1 through E-4.
``(d) Financial Services Defined.--In this section, the term
`financial services' includes the following:
``(1) Life insurance, casualty insurance, and other
insurance.
``(2) Investments in securities or financial
instruments.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``992. Consumer education: financial services.''.
(b) Continuing Effect of Existing Allotments for Life Insurance.--
Subsection (c)(2) of section 992 of title 10, United States Code (as
added by subsection (a)), shall not affect any allotment of pay
authorized by a member of the Armed Forces before the effective date of
such section.
(c) Effective Date.--The amendments made by this section shall take
effect on the first day of the first month that begins more than 120
days after the date of the enactment of this Act. | Military Personnel Financial Services Education Act of 2005 - Provides financial services and life insurance consumer education for members of the Armed Forces and their spouses, which shall be provided as a component of initial entry and recurring training. (Such training shall include information on financial services marketing practices that are particularly prevalent at a military installation and vicinity.)
Provides financial services counseling for members of the Armed Forces, and upon request, for their spouses. Requires a full-time trained counselor at installations with at least 750 assigned personnel, and other counseling at smaller installations.
Requires counselors to provide members or spouses with information on Servicemembers' Group Life Insurance when providing information on private sector life insurance. Prohibits E-1 through E-4 members to pay for private sector insurance through pay allotments without a written certification of counseling. | {"src": "billsum_train", "title": "A bill to amend title 10, United States Code, to enhance the protection of members of the Armed Forces and their spouses from unscrupulous financial services sales practices through increased consumer education, and for other purposes."} | 1,562 | 187 | 0.668604 | 1.854948 | 0.772332 | 3.065359 | 9.803922 | 0.947712 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oil Spill Claims Assistance and
Recovery Act''.
SEC. 2. OIL SPILL CLAIMS ASSISTANCE AND RECOVERY.
(a) In General.--Title II of the Public Works and Economic
Development Act of 1965 is amended by inserting after section 207 (42
U.S.C. 3147) the following:
``SEC. 208. OIL SPILL CLAIMS ASSISTANCE AND RECOVERY.
``(a) Establishment of Grant Program.--The Secretary shall
establish a grant program to provide to eligible (as determined by the
Secretary) organizations technical assistance grants for use in
assisting individuals and businesses affected by the Deepwater Horizon
oil spill in the Gulf of Mexico (referred to in this section as the
`oil spill').
``(b) Application.--An organization that seeks to receive a grant
under this section shall submit to the Secretary an application for the
grant at such time, in such form, and containing such information as
the Secretary shall require.
``(c) Use of Funds.--
``(1) In general.--Funds from a grant provided under this
section may be used by an eligible organization--
``(A) to support--
``(i) education;
``(ii) outreach;
``(iii) intake;
``(iv) language services;
``(v) accounting services;
``(vi) legal services offered pro bono or
by a nonprofit organization;
``(vii) damage assessments;
``(viii) economic loss analysis;
``(ix) collecting and preparing
documentation; and
``(x) assistance in the preparation and
filing of claims or appeals;
``(B) to provide assistance to individuals or
businesses seeking assistance from or under--
``(i) a party responsible for the oil
spill;
``(ii) the Oil Spill Liability Trust Fund;
``(iii) an insurance policy; or
``(iv) any other program administered by
the Federal Government or a State or local
government;
``(C) to pay for salaries, training, and
appropriate expenses relating to the purchase or lease
of property to support operations, equipment (including
computers and telecommunications), and travel expenses;
``(D) to assist other organizations in--
``(i) assisting specific business sectors;
``(ii) providing services;
``(iii) assisting specific jurisdictions;
or
``(iv) otherwise supporting operations; and
``(E) to establish an advisory board of service
providers and technical experts--
``(i) to monitor the claims process
relating to the oil spill; and
``(ii) to provide recommendations to the
parties responsible for the oil spill, the
National Pollution Funds Center, other
appropriate agencies, and Congress to improve
fairness and efficiency in the claims process.
``(2) Prohibition on use of funds.--Funds from a grant
provided under this section may not be used to provide
compensation for damages or removal costs relating to the oil
spill.
``(d) Provision of Grants.--
``(1) In general.--Not later than 60 days after the date of
enactment of the Oil Spill Claims Assistance and Recovery Act,
the Secretary shall provide grants under this section.
``(2) Networked organizations.--The Secretary is encouraged
to consider applications for grants under this section from
organizations that have established networks with affected
business sectors, including--
``(A) the fishery and aquaculture industries;
``(B) the restaurant, grocery, food processing, and
food delivery industries; and
``(C) the hotel and tourism industries.
``(3) Training.--Not later than 30 days after the date on
which an eligible organization receives a grant under this
section, the Director of the National Pollution Funds Center
and the parties responsible for the oil spill shall provide
training to the organization regarding the applicable rules and
procedures for the claims process relating to the oil spill.
``(4) Availability of funds.--Funds from a grant provided
under this section shall be available until the later of, as
determined by the Secretary--
``(A) the date that is 6 years after the date on
which the oil spill occurred; and
``(B) the date on which all claims relating to the
oil spill have been satisfied.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $20,000,000.''.
(b) Conforming Amendment.--The table of contents of the Public
Works and Economic Development Administration Act of 1965 (42 U.S.C.
prec. 3121) is amended by inserting after the item relating to section
207 the following:
``Sec. 208. Oil spill claims assistance and recovery.''. | Oil Spill Claims Assistance and Recovery Act - Amends the Public Works and Economic Development Act of 1965 to direct the Secretary of Commerce to establish a program to provide technical assistance grants within 60 days after this Act's enactment to eligible organizations for use in assisting individuals and businesses affected by the Deepwater Horizon oil spill in the Gulf of Mexico.
Authorizes the use of grant funds to: (1) support education, outreach, intake, language services, accounting services, pro bono legal services, damage assessments, economic loss analysis, collecting and preparing documentation, and assistance in the preparation and filing of claims or appeals; (2) provide assistance to individuals or businesses seeking assistance from a party responsible for the oil spill, the Oil Spill Liability Trust Fund, an insurance policy, or any other federal, state, or local government program; (3) pay salaries, training, and appropriate expenses relating to the purchase or lease of property to support operations, equipment, and travel expenses; (4) assist other organizations in assisting specific business sectors, providing services, assisting specific jurisdictions, or otherwise supporting operations; and (5) establish an advisory board of service providers and technical experts to monitor the claims process relating to the oil spill and to provide recommendations to the parties responsible for the oil spill, the National Pollution Funds Center, other appropriate agencies, and Congress to improve fairness and efficiency in the claims process.
Prohibits the use of grant funds to provide compensation for damages or removal costs relating to the oil spill.
Encourages the Secretary to consider grant applications from organizations that have established networks with affected business sectors, including the fishery and aquaculture industries, the restaurant, grocery, food processing, and food delivery industries, and the hotel and tourism industries. Requires the Director of the National Pollution Funds Center and the parties responsible for the oil spill to provide training to such an organization regarding the claims process.
Makes grant funds available until the later of: (1) six years after the date of the oil spill; and (2) the date on which all claims relating to the oil spill have been satisfied. | {"src": "billsum_train", "title": "A bill to amend the Public Works and Economic Development Administration Act of 1965 to establish a program to provide technical assistance grants for use by organizations in assisting individuals and businesses affected by the Deepwater Horizon oil spill in the Gulf of Mexico."} | 1,099 | 438 | 0.717377 | 2.282135 | 0.866477 | 4.46472 | 2.459854 | 0.965937 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Regulating our Small Businesses
Act of 1995''.
SEC. 2. MORATORIUM ON REGULATIONS.
(a) Moratorium.--Until the end of the moratorium period, a Federal
agency may not take any regulatory rulemaking action respecting small
business, unless an exception is provided under section 4. Beginning 30
days after the date of the enactment of this Act, the effectiveness of
any regulatory rulemaking action respecting small business taken or
made effective during the moratorium period but before the date of the
enactment shall be suspended until February 1, 1996, unless an
exception is provided under section 4.
(b) Inventory of Rulemakings.--Not later than 30 days after the
date of the enactment of this Act, the President shall conduct an
inventory and publish in the Federal Register a list of all regulatory
rulemaking actions covered by subsection (a) taken or made effective
during the moratorium period but before the date of the enactment.
SEC. 3. SPECIAL RULE ON STATUTORY, REGULATORY, AND JUDICIAL DEADLINES.
(a) In General.--Any deadline for, relating to, or involving any
action dependent upon, any regulatory rulemaking actions respecting
small business authorized or required to be taken before the end of the
moratorium period is extended until February 1, 1996.
(b) Deadline Defined.--The term ``deadline'' means any date certain
for fulfilling any obligation or exercising any authority established
by or under any Federal statute or regulation, or by or under any court
order implementing any Federal statute or regulation.
(c) Identification of Postponed Deadlines.--Not later than 30 days
after the date of the enactment of this Act, the President shall
identify and publish in the Federal Register a list of deadlines
covered by subsection (a).
SEC. 4. EMERGENCY EXCEPTIONS; EXCLUSIONS.
(a) Emergency Exception.--Section 2(a) or 3(a), or both, shall not
apply to a regulatory rulemaking action if--
(1) the head of a Federal agency otherwise authorized to
take the action submits a written request to the President and
a copy thereof to the appropriate committees of each House of
the Congress;
(2) the President finds, by Executive order, that a waiver
for the action is (A) necessary because of an imminent threat
to health or safety or other emergency, or (B) necessary for
the enforcement of criminal laws; and
(3) the Federal agency head publishes the finding and
waiver in the Federal Register.
(b) Exclusions.--The head of an agency shall publish in the Federal
Register any action excluded because of a certification under section
5(4)(B).
SEC. 5. DEFINITIONS.
For purposes of this Act:
(1) Federal agency.--The term ``Federal agency'' means any
agency as that term is defined in section 551(1) of title 5,
United States Code (relating to administrative procedure).
(2) Moratorium period.--The term ``moratorium period''
means that period of time beginning February 3, 1995, and
ending January 31, 1996.
(3) Small business.--The term `small business' means a
business which has 100 or fewer employees.
(4) Regulatory rulemaking action.--
(A) In general.--The term ``regulatory rulemaking
action'' means any rulemaking on any rule normally
published in the Federal Register, including--
(i) the issuance of any substantive rule,
interpretative rule, statement of agency
policy, notice of inquiry, advance notice of
proposed rulemaking, or notice of proposed
rulemaking, and
(ii) any other action taken in the course
of the process of rulemaking (except a cost
benefit analysis or risk assessment, or both).
(B) Exclusions.--The term ``regulatory rulemaking''
does not include--
(i) any agency action that the head of the
agency certifies is limited to repealing,
narrowing, or streamlining a rule, regulation,
or administrative process or otherwise reducing
regulatory burdens; or
(ii) any action that the head of the agency
certifies is limited to matters relating to
military or foreign affairs functions, statutes
implementing international trade agreements, or
agency management, personnel, or public
property, loans, grants, benefits, or
contracts.
(5) Rule.--The term ``rule'' means the whole or a part of
an agency statement of general or particular applicability and
future effect designed to implement, interpret, or prescribe
law or policy. Such term does not include the approval or
prescription, on a case-by-case or consolidated case basis, for
the future of rates, wages, corporation, or financial
structures or reorganizations thereof, prices, facilities,
appliances, services or allowances therefor, or of valuations,
costs, or accounting, or practices bearing on any of the
foregoing. Such term also does not include the granting an
application for a license, registration, or similar authority,
granting or recognizing an exemption, granting a variance or
petition for relief from a regulatory requirement, or other
action relieving a restriction or taking any action necessary
to permit new or improved applications of technology.
(6) Rulemaking.--The term ``rulemaking'' means agency
process for formulating, amending, or repealing a rule.
(7) License.--The term ``license'' means the whole or part
of an agency permit, certificate, approval, registration,
charter, membership, statutory exemption, or other form of
permission.
SEC. 6. CIVIL ACTION.
In addition to any remedy otherwise available, whoever is adversely
affected by any conduct of a Federal agency in violation of section 2
or 3 may obtain appropriate relief in a civil action against that
agency. The court may award a prevailing plaintiff in an action under
this section reasonable attorney's fees.
SEC. 7. RELATIONSHIP TO OTHER LAW; SEVERABILITY.
(a) Applicability.--This Act shall apply notwithstanding any other
provision of law.
(b) Severability.--If any provision of this Act, or the application
of any provision of this Act to any person or circumstance, is held
invalid, the application of such provision to other persons or
circumstances, and the remainder of this Act, shall not be affected
thereby. | Stop Regulating our Small Businesses Act of 1995 - Prohibits any Federal agency, between February 3, 1995, and January 31, 1996, from taking any regulatory rulemaking action (RRA) respecting small business, unless an emergency exception is provided because the President finds that a waiver is necessary: (1) because of an imminent threat to health or safety or other emergency; or (2) for the enforcement of criminal laws. Directs the President to conduct an inventory and publish in the Federal Register a list of all RRAs covered by the moratorium. Extends until February 1, 1996, any deadline for, relating to, or involving an action under a RRA respecting small business authorized or required to be taken during the moratorium period. Outlines procedures for the declaration of emergency exceptions to the moratorium. Provides appropriate relief via civil action for any non-excepted RRA taken in violation of the moratorium. | {"src": "billsum_train", "title": "Stop Regulating our Small Businesses Act of 1995"} | 1,425 | 198 | 0.703159 | 2.031618 | 0.859429 | 3.588571 | 7.245714 | 0.891429 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mobile Workforce State Income Tax
Fairness and Simplification Act of 2007''.
SEC. 2. LIMITATIONS ON STATE AND LOCALITY WITHHOLDING AND TAXATION OF
EMPLOYEE INCOME.
(a) In General.--No part of the wages or other remuneration paid to
an employee who performs duties in more than one State or locality
shall be subject to the income tax laws of any State or locality other
than--
(1) the State or locality of the employee's residence; and
(2) the State or locality in which the employee is
physically present performing duties for more than 60 days
during the calendar year in which the income is taxed.
(b) Wages or Other Remuneration.--Wages or other remuneration paid
in any calendar year are not subject to State or locality income tax
withholding and reporting unless the employee is subject to income tax
under subsection (a). Income tax withholding and reporting under
subsection (a)(2) shall apply to wages or other remuneration paid as of
the commencement date of duties in the State or locality during the
calendar year.
(c) Operating Rules.--For purposes of determining an employer's
State income tax withholding and information return obligations--
(1) an employer may rely on an employee's determination of
the time expected to be spent by such employee in the States or
localities in which the employee will perform duties absent--
(A) actual knowledge of fraud by the employee in
making the estimate; or
(B) collusion between the employer and the employee
to evade tax;
(2) if records are maintained by an employer recording the
location of an employee for other business purposes, such
records shall not preclude an employer's ability to rely on an
employee's determination as set forth in paragraph (1); and
(3) notwithstanding paragraph (2), if an employer, at its
sole discretion, maintains a time and attendance system which
tracks where the employee performs duties on a daily basis,
data from the time and attendance system shall be used instead
of the employee's determination as set forth in paragraph (1).
(d) Definitions and Special Rules.--For purposes of this Act:
(1) Day.--An employee will be considered physically present
and performing duties in a State or locality for a day if the
employee performs more than 50 percent of the employee's
employment duties in such State or locality for such day.
(2) Employee.--The term ``employee'' shall be defined by
the State or locality in which the duties are performed, except
that the term ``employee'' shall not include a professional
athlete, professional entertainer, or certain public figures.
(3) Professional athlete.--The term ``professional
athlete'' means a person who performs services in a
professional athletic event, provided that the wages or other
remuneration are paid to such person for performing services in
his or her capacity as a professional athlete.
(4) Professional entertainer.--The term ``professional
entertainer'' means a person who performs services in the
professional performing arts, provided that the wages or other
remuneration are paid to such person for performing services in
his or her capacity as a professional entertainer.
(5) Certain public figures.--The term ``certain public
figures'' means persons of national prominence who perform
services for wages or other remuneration on a per-event basis,
provided that the wages or other remuneration are paid to such
person for services provided at a discrete event in the form of
a speech, similar presentation or personal appearance.
(6) Employer.--The term ``employer'' has the meaning given
such term in section 3401(d) of the Internal Revenue Code of
1986 (26 U.S.C. 3401(d)) or shall be defined by the State or
locality in which the duties are performed.
(7) Locality.--The term ``locality'' means any political
subdivision, agency, or instrumentality of a State.
(8) State.--The term ``State'' means each of the several
States (or any subdivision thereof), or any territory or
possession of the United States.
(9) Time and attendance system.--The term ``time and
attendance system'' means a system where the employee on a
contemporaneous basis records his work location for every day
worked and the employer uses this data to allocate the
employee's wages between all taxing jurisdictions in which the
employee performs duties.
(10) Wages or other remuneration.--The term ``wages or
other remuneration'' shall be defined by the State or locality
in which the employment duties are performed. | Mobile Workforce State Income Tax Fairness and Simplification Act of 2007- Limits state or local taxation of the compensation of any employee who performs duties in more than one state or locality to: (1) the state or locality of the employee's residence; and (2) the state or locality in which the employee is physically present performing duties for more than 60 days. | {"src": "billsum_train", "title": "To limit the authority of States and localities to tax certain income of employees for employment duties performed in other States and localities."} | 1,068 | 78 | 0.612955 | 1.549023 | 0.552722 | 8.685714 | 13.3 | 0.942857 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sacramento River National Recreation
Area Act of 2006''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Management plan.--The term ``management plan'' means
the management plan for the Recreation Area prepared under
section 4(b).
(2) Recreation area.--The term ``Recreation Area'' means
the Sacramento River National Recreation Area.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) State.--The term ``State'' means the State of
California.
SEC. 3. ESTABLISHMENT OF SACRAMENTO RIVER NATIONAL RECREATION AREA.
(a) In General.--To conserve, protect, and enhance the riparian and
associated areas described in subsection (b) (including the outstanding
ecological, geological, scenic, recreational, cultural, and historic
resources, the fish and wildlife values, and other resources of the
areas), there is established the Sacramento River National Recreation
Area in the State, to be managed by the Redding Field Office of the
Bureau of Land Management.
(b) Boundaries.--The Recreation Area shall consist of the public
land in Tehama County and Shasta County, California, comprising
approximately 17,000 acres adjacent to the Sacramento River, lower
Battle Creek, and lower Paynes Creek, as generally depicted on the map
entitled ``Sacramento River National Recreation Area'' and dated May
2002.
(c) Map.--
(1) In general.--As soon as practicable, but not later than
3 years, after the date of enactment of this Act, the Secretary
shall submit a map and legal description of the Recreation Area
to--
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Resources of the House of
Representatives.
(2) Effect.--The map and legal description submitted under
paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary may correct any
clerical and typographical errors in the map and legal
description.
(3) Availability.--Copies of the map submitted under
paragraph (1) shall be on file and available for public
inspection in--
(A) the Office of the Director of the Bureau of
Land Management; and
(B) the appropriate office of the Bureau of Land
Management in California.
SEC. 4. MANAGEMENT.
(a) In General.--The Secretary shall manage the Recreation Area in
a manner that conserves, protects, and enhances the resources and
values of the Recreation Area (including the resources described in
section 3(a)), in accordance with--
(1) this Act;
(2) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.); and
(3) any other applicable law.
(b) Recreation Area Management Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall submit a
comprehensive plan for the long-range protection and management
of the Recreation Area to--
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Resources of the House of
Representatives.
(2) Contents of plan.--The management plan--
(A) shall describe the appropriate uses and
management of the Recreation Area in accordance with
this Act;
(B) may incorporate any appropriate decisions, as
determined by the Secretary, that are contained in any
management or activity plan for the area completed
before the date of enactment of this Act;
(C) may incorporate appropriate wildlife habitat
management plans or other plans prepared for the land
within or adjacent to the Recreation Area before the
date of enactment of this Act;
(D) shall be prepared in consultation with--
(i) appropriate Federal, State, and local
agencies (including Tehama County and Shasta
County, California);
(ii) adjacent landowners; and
(iii) other stakeholders; and
(E) may use information developed under any studies
of land within or adjacent to the Recreation Area
carried out before the date of enactment of this Act.
(c) Withdrawal.--Subject to valid existing rights, all Federal land
within the Recreation Area is withdrawn from--
(1) all forms of entry, appropriation, or disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws relating to mineral and
geothermal leasing.
(d) Hunting and Fishing.--The Secretary shall allow hunting and
fishing within the Recreation Area in accordance with any applicable
Federal and State laws (including regulations).
(e) Motorized Vehicles.--The use of motorized vehicles on public
land in the Recreation Area shall be limited to established roadways.
(f) Motorized Boats.--
(1) In general.--Nothing in this Act restricts the use of
motorized boats on the Sacramento River.
(2) Regulation.--Tehama County and Shasta County,
California, and the California Department of Boating and
Waterways shall retain authority to regulate motorized boating
for the purpose of ensuring public safety and environmental
protection.
(g) Grazing.--The Secretary may permit the grazing of livestock to
continue on any public land in the Recreation Area in which grazing is
permitted on the date of enactment of this Act--
(1) subject to any regulations, policies, and practices
that the Secretary determines to be necessary; and
(2) consistent with--
(A) this Act;
(B) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.); and
(C) any regulations promulgated by the Secretary,
acting through the Director of the Bureau of Land
Management.
(h) Acquisition of Property.--
(1) In general.--The Secretary may acquire, by donation,
transfer, purchase with donated or appropriated funds, or
exchange, any land or interests in land within the boundaries
of the Recreation Area depicted on the map prepared under
section 3(c).
(2) Consent.--No land or interest in land may be acquired
under paragraph (1) without the consent of the owner of the
land.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | Sacramento River National Recreation Area Act of 2006 - Establishes the Sacramento River National Recreation Area in California, consisting of specified public land in Tehama and Shasta Counties. Requires the development of a comprehensive plan for the long-range protection and management of such Area. | {"src": "billsum_train", "title": "A bill to establish the Sacramento River National Recreation Area in the State of California."} | 1,405 | 63 | 0.600823 | 1.430942 | 0.777414 | 4.102041 | 26.346939 | 0.877551 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Critical Habitat Reform Act of
2004''.
SEC. 2. DESIGNATION OF CRITICAL HABITAT; STANDARD.
(a) In General.--Section 4(a) of the Endangered Species Act of 1973
(16 U.S.C. 1533(a)) is amended--
(1) by redesignating subparagraph (B) of paragraph (3) as
paragraph (4);
(2) in paragraph (4) (as so redesignated)--
(A) by striking ``(i)'' and inserting ``(A)'';
(B) by striking ``(ii)'' and inserting ``(B)''; and
(C) by striking ``(iii)'' and inserting ``(C)'';
and
(3) by amending paragraph (3) to read as follows:
``(3)(A)(i) The Secretary shall, by regulation promulgated in
accordance with subsection (b) and to the maximum extent practicable,
prudent, and determinable, issue a final regulation designating any
habitat of the species determined to be an endangered species or
threatened species that is critical habitat of the species.
``(ii) The Secretary shall make any designation required under
clause (i) by not later than one year after the final approval of a
recovery plan for the species under section 4(f), or 3 years after the
date of publication of the final regulation implementing a
determination that the species is an endangered species or threatened
species, whichever is earlier.
``(B) The Secretary shall reconsider any determination that
designation of critical habitat of a species is not practicable, or
determinable, during the next review under section 4(c)(2)(A) or at the
time of a final approval of a recovery plan for the species under
section 4(f).
``(C) The Secretary may, from time-to-time as appropriate, revise
any designation of critical habitat under this paragraph.
``(D) Notwithstanding subparagraphs (A), (B), and (C), any
designation of an area as critical habitat shall not apply with respect
to any action authorized by--
``(i) a permit under section 10(a) (including any
conservation plan or agreement under that section for such a
permit) that applies to the area;
``(ii) a written statement under section 7(b)(4); or
``(iii) a land conservation or species management program
of a State, a Federal agency, a federally recognized Indian
tribe located within the contiguous 48 States, or the
Metlakatla Indian Community that the Secretary determines
provides protection for habitat of the species that is
substantially equivalent to the protection that would be
provided by such designation.
``(E) Nothing in this paragraph shall be construed to authorize a
recovery plan to establish regulatory requirements or otherwise to have
an effect other than as non-binding guidance.''.
(b) Conforming Amendment.--Section 4(b)(6)(C) of the Endangered
Species Act of 1973 (16 U.S.C. 1533(b)(6)(C)) is repealed.
SEC. 3. BASIS FOR DETERMINATION.
Section 4(b)(2) of the Endangered Species Act of 1973 (16 U.S.C.
1533(b)(2)) is amended--
(1) by inserting ``(A)'' after ``(2)''; and
(2) by adding at the end the following:
``(B) In determining whether an area is critical habitat, the
Secretary shall seek and, if available, consider information from State
and local governments in the vicinity of the area, including local
resource data and maps.
``(C) Consideration of economic impact under this paragraph shall
include--
``(i) direct, indirect, and cumulative economic costs and
benefits, including consideration of changes in revenues
received by landowners, the Federal Government, and State and
local governments; and
``(ii) costs associated with the preparation of reports,
surveys, and analyses required to be undertaken, as a
consequence of a proposed designation of critical habitat, by
landowners seeking to obtain permits or approvals required
under Federal, State, or local law.
``(D) In designating critical habitat of a species, the Secretary
shall first consider all areas that are known to be within the
geographical area determined by field survey data to be occupied by the
species.''.
SEC. 4. CONTENT OF NOTICES OF PROPOSED DESIGNATION OF CRITICAL HABITAT.
Section 4(b)(5)(A) of the Endangered Species Act of 1973 (16 U.S.C.
1533(b)(5)(A)) is amended--
(1) in clause (i) by striking ``, and'' and inserting a
semicolon;
(2) in clause (ii)--
(A) by striking ``and to each'' and inserting ``to
each''; and
(B) by inserting ``, and to the county and any
municipality having administrative jurisdiction over
the area'' after ``to occur''; and
(3) by adding at the end the following:
``(iii) with respect to a regulation to designate
or revise a designation of critical habitat--
``(I) publish maps and coordinates that
describe, in detail, the specific areas that
meet the definition under section 3 of, and are
designated under section 4(a) as, critical
habitat, and all field survey data upon which
such designation is based; and
``(II) maintain such maps, coordinates, and
data on a publicly accessible Internet page of
the Department; and
``(iv) include in each of the notices required
under this subparagraph a reference to the Internet
page referred to in clause (iii)(II);''.
SEC. 5. CLARIFICATION OF DEFINITION OF CRITICAL HABITAT.
Section 3(5) of the Endangered Species Act of 1973 (16 U.S.C.
1532(5)) is amended--
(1) in subparagraph (A) by striking clauses (i) and (ii)
and inserting the following:
``(i) the specific areas--
``(I) that are within the geographical area
determined by field survey data to be occupied by the
species at the time the areas are designated as
critical habitat in accordance with section 4; and
``(II) on which are found those physical and
biological features that are necessary to avoid
jeopardizing the continued existence of the species and
may require special management considerations or
protection; and
``(ii) areas that are not within the geographical area
referred to in clause (i)(I) and that the Secretary determines
are essential for the survival of the species at the time the
areas are designated as critical habitat in accordance with
section 4.'';
(2) by striking subparagraph (B) and redesignating
subparagraph (C) as subparagraph (B); and
(3) by adding at the end the following:
``(C) For purposes of subparagraph (A)(i) the term `geographical
area determined by field survey data to be occupied by the species'
means the specific area that, at the time the area is designated as
critical habitat in accordance with section 4, is being used by the
species for breeding, feeding, sheltering, or another essential
behavioral pattern.''. | Critical Habitat Reform Act of 2004 - (Sec. 2) Amends the Endangered Species Act of 1973 (ESA) to require the relevant Secretary (the Secretary of the Interior or the Secretary of Commerce), to the maximum extent practicable, prudent, and determinable, to issue a final regulation designating critical habitat of endangered or threatened species within one year after final approval of a recovery plan for the species or three years after publication of the final regulation implementing the endangered or threatened species determination, whichever is earlier.
Requires the Secretary to reconsider any determination that designation of critical habitat of a species is not practicable or determinable during the next five-year review of endangered or threatened species or at the time of final approval of a recovery plan for the species.
Authorizes the Secretary to revise any designation of critical habitat.
Prohibits any designation of an area as critical habitat from applying with respect to actions authorized by: (1) a permit under ESA provisions authorizing the otherwise prohibited taking of listed species in certain circumstances where a habitat conservation plan has been submitted; (2) a written statement issued by the Secretary pursuant to a Federal agency consultation process; or (3) a land conservation or species management program of a State, Federal agency, federally recognized Indian tribe within the contiguous 48 States, or the Metlakatla Indian Community that the Secretary determines provides habitat protection substantially equivalent to the protection that would be provided by species designation.
(Sec. 3) Directs the Secretary, in determining whether an area is critical habit, to seek and consider information from State and local governments in the vicinity of the area, including local resource data and maps.
Specifies factors for consideration regarding the economic impact of critical habitat designation, including changes in revenues and costs associated with preparing reports, surveys, and analyses.
Requires the Secretary, in making such a designation, to first consider all areas known to be within the geographical area occupied by the species as determined by field survey data.
(Sec. 4) Modifies the contents of the required notice of proposed designation of critical habit to include any municipality having administrative jurisdiction over the area in which the species is believed to occur.
Requires the Secretary, with respect to a regulation to designate or revise a designation of critical habitat, to: (1) publish and maintain, on a publicly accessible Internet page of the relevant Department (Interior or Commerce), maps, coordinates, and field survey data of the area; and (2) include in such notice a reference to the Internet page.
(Sec. 5) Redefines "critical habitat" to mean those specific areas: (1) within the geographical area determined by field survey data to be occupied by the species at the time of critical habitat designation, on which are found those physical and biological features necessary to avoid jeopardizing the continued existence of (currently, essential to the conservation of) the species and which may require special management considerations or protections; and (2) areas not within such geographical area but essential for the survival of the species. | {"src": "billsum_train", "title": "To amend the Endangered Species Act of 1973 to reform the process for designating critical habitat under that Act."} | 1,670 | 659 | 0.704958 | 1.988749 | 0.883831 | 3.747049 | 2.51602 | 0.910624 |
SECTION 1. TRANSPORTATION SECURITY ADMINISTRATION PERSONNEL MANAGEMENT.
(a) Elimination of Certain Personnel Management Authorities.--
Effective 90 days after the date of the enactment of this Act--
(1) section 111(d) of the Aviation and Transportation
Security Act (49 U.S.C. 44935 note) is repealed and any
authority of the Secretary of Homeland Security derived from
such section 111(d) shall terminate;
(2) any personnel management system, to the extent
established or modified pursuant to such section 111(d)
(including by the Secretary through the exercise of any
authority derived from such section 111(d)) shall terminate;
and
(3) the Secretary shall ensure that all TSA employees are
subject to the same personnel management system as described in
subsection (e)(1) or (e)(2).
(b) Establishment of Certain Uniformity Requirements.--
(1) System under subsection (e)(1).--The Secretary shall,
with respect to any personnel management system described in
subsection (e)(1), take any measures which may be necessary to
provide for the uniform treatment of all TSA employees under
such system.
(2) System under subsection (e)(1).--Section 9701(b) of
title 5, United States Code, is amended--
(A) by striking ``and'' at the end of paragraph
(4);
(B) by striking the period at the end of paragraph
(5) and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(6) provide for the uniform treatment of all TSA
employees (as defined in section 408(d) of the Implementing the
9/11 Commission Recommendations Act of 2007).''.
(3) Effective date.--
(A) Provisions relating to a system under
subsection (e)(1).--Any measures necessary to carry out
paragraph (1) shall take effect 90 days after the date
of the enactment of this Act.
(B) Provisions relating to a system under
subsection (e)(2).--Any measures necessary to carry out
the amendments made by paragraph (2) shall take effect
90 days after the date of the enactment of this Act or,
if later, the commencement date of the system involved.
(c) Report to Congress.--
(1) Report required.--Not later than 6 months after the
date of the enactment of this Act, the Government
Accountability Office 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 on--
(A) the pay system that applies with respect to TSA
employees as of the date of the enactment of this Act;
and
(B) any changes to such system which would be made
under any regulations which have been prescribed under
chapter 97 of title 5, United States Code.
(2) Matters for inclusion.--The report required under
paragraph (1) shall include--
(A) a brief description of each pay system
described in paragraphs (1)(A) and (1)(B),
respectively;
(B) a comparison of the relative advantages and
disadvantages of each of those pay systems; and
(C) such other matters as the Government
Accountability Office considers appropriate.
(d) TSA Employee Defined.--In this section, the term ``TSA
employee'' means an individual who holds--
(1) any position which was transferred (or the incumbent of
which was transferred) from the Transportation Security
Administration of the Department of Transportation to the
Department of Homeland Security by section 403 of the Homeland
Security Act of 2002 (6 U.S.C. 203); or
(2) any other position within the Department of Homeland
Security the duties and responsibilities of which include
carrying out one or more of the functions that were transferred
from the Transportation Security Administration of the
Department of Transportation to the Secretary by such section.
(e) Personnel Management System Described.--A personnel management
system described in this subsection is--
(1) any personnel management system, to the extent that it
applies with respect to any TSA employees by virtue of section
114(n) of title 49, United States Code; and
(2) any human resources management system, established
under chapter 97 of title 5, United States Code. | Repeals certain personnel management authorities, including a provision authorizing the Under Secretary of Transportation for Security of the Transportation Security Administration (TSA) to employ and fix the compensation, terms, and conditions of employment for passenger and property screeners. Directs: (1) the Secretary of Homeland Security to take any measures necessary to provide for the uniform treatment of all TSA screeners; and (2) the Government Accountability Office (GAO) to report on the pay system that applies to such employees. | {"src": "billsum_train", "title": "To provide certain personnel management requirements for the Transportation Security Administration, and for other purposes."} | 929 | 101 | 0.497444 | 1.400522 | 0.275923 | 2.376344 | 9.172043 | 0.827957 |
SECTION 1. EXPANSION OF TAX REFUND REDUCTION PROVISION TO INCLUDE
CERTAIN LOCAL TAX DEBT.
(a) Section 3720A of title 31, United States Code (relating to
reduction of tax refund by amount of debt) is amended by adding at the
end the following:
``(j) Collection of Past-Due Legally Enforceable Local Government
Tax Obligations.--(1) Upon receiving notice from any State on behalf of
a local government that a named person owes a past-due, legally
enforceable tax obligation to such local government, the Secretary of
the Treasury shall, under such conditions as may be prescribed by the
Secretary, determine whether any amounts, as refunds of Federal taxes
paid, are payable to such person. If the Secretary of the Treasury
finds that any such amount is payable, he shall--
``(A) reduce such refunds by an amount equal to the amount
of such debt;
``(B) pay the amount of such reduction to the State for
purposes of payment by the State to the local government on
behalf of which the State submitted the notice;
``(C) notify the State of the person's name, taxpayer
identification number, address, and the amount collected; and
``(D) notify the person due the refund that the refund has
been reduced by an amount necessary to satisfy a past-due,
legally enforceable tax obligation.
``(2) Priorities for Offset.--(A) Any overpayment (as defined in
section 6401 of the Internal Revenue Code of 1986) by a person shall be
reduced pursuant to this subsection--
``(i) after such overpayment is reduced (I) with respect to
any liability for any internal revenue tax on the part of the
person who made the overpayment; (II) with respect to past-due
support (as defined in section 464(c) of the Social Security
Act); (III) with respect to any past-due, legally enforceable
debt owed to a Federal agency; and (IV) with respect to any
past-due, legally enforceable State income tax obligation (as
defined in section 6402(e) of the Internal Revenue Code of
1986); and
``(ii) before such overpayment is credited to the future
liability for any Federal internal revenue tax of such person.
``(B) If the Secretary receives notice from one or more States (on
behalf of local governments) of more than one tax obligation subject to
paragraph (1) that is owed by such person to any local government, any
overpayment by such person shall be applied against such debts in the
order in which such notices were filed.
``(3) Notice; Consideration of Evidence.--No State may take action
under this subsection on behalf of a local government until the local
government certifies to the State that the local government--
``(A) has notified the person owing the past-due, legally
enforceable tax obligation by certified mail with return
receipt that the State (on behalf of the local government)
proposes to take action pursuant to this section;
``(B) has given such person at least 60 days to present
evidence that all or part of such liability is not past-due or
not legally enforceable;
``(C) has considered any evidence presented by such person
and has determined that an amount of such debt is past-due and
legally enforceable; and
``(D) has satisfied such other conditions as the Secretary
may prescribe to ensure that the determination made under
subparagraph (C) is valid and that the local government has
made reasonable efforts to obtain payment of such tax
obligation.
``(4) Definition of Past-Due, Legally Enforceable Tax Obligation.--
In this subsection, the term `past-due, legally enforceable tax
obligation' means a tax debt--
``(A)(i) which resulted from--
``(I) a judgment rendered by a court of competent
jurisdiction which has determined an amount of tax to
be due; or
``(II) a determination after an administrative
hearing which has determined an amount of tax to be
due; and
``(ii) which is no longer subject to judicial review; or
``(B) which resulted from a tax which has been assessed but
not collected, the time for redetermination of which has
expired, and which has not been delinquent for more than 10
years.
``(5) Regulations.--The Secretary shall issue regulations
prescribing the time and manner in which States (on behalf of local
governments) must submit notices of past-due, legally enforceable tax
obligations and the necessary information that must be contained in or
accompany such notices. The regulations shall specify the types of
taxes and the minimum amount of debt to which the reduction procedure
established by paragraph (1) may be applied. The regulations may
require States (on behalf of local governments) to pay a fee to
reimburse the Secretary for the cost of applying such procedure, and
such fee may be reimbursed by local governments to States in accordance
with applicable State law. Any fee paid to the Secretary pursuant to
the preceding sentence shall be used to reimburse appropriations which
bore all or part of the cost of applying such procedure.
``(6) Erroneous Payment to State.--Any State receiving notice from
the Secretary that an erroneous payment has been made to such State
with respect to a notice by the State on behalf of a local government
under paragraph (1) shall pay promptly to the Secretary, in accordance
with such regulations as the Secretary may prescribe, an amount equal
to the amount of such erroneous payment (without regard to whether any
other amounts payable to such State under such paragraph have been paid
to such State).
``(k) Treatment of Payments Made to States.--The Secretary may
provide that, for the purposes of determining interest, the payment of
any amount withheld under subsection (j) to a State (on behalf of a
local government) shall be treated as a payment to the person or
persons making the overpayment.''.
(b) Disclosure of Certain Information to Agencies of States
Requesting Refund Offsets for Past-Due, Legally Enforceable Tax
Obligations.--Paragraph (10) of section 6103(l) of the Internal Revenue
Code of 1986 is amended--
(1) in the paragraph heading, by inserting after ``6402''
the following: ``or under subsection (j) of section 3720a of
title 31, united states code'';
(2) in subparagraph (A), by inserting after ``6402'' the
following: ``or subsection (j) of section 3720A of title 31,
United States Code,''; and
(3) in subparagraph (B)--
(A) by striking ``section 6402 is'' and inserting
``section 6402 or under subsection (j) of section 3720A
of title 31, United States Code, is''; and
(B) by striking ``section 6402.'' and inserting
``section 6402 or under subsection (j) of section 3720A
of title 31, United States Code.''. | Directs the Secretary of the Treasury to reduce the federal tax refund of any taxpayer who owes a past-due, legally enforceable tax obligation to a local government by the amount of such obligation. Requires notice to the taxpayer of the refund reduction.
Amends the Internal Revenue Code to permit disclosure of taxpayer information to agencies of states requesting refund offsets for tax debts owed to local governments. | {"src": "billsum_train", "title": "To amend title 31, United States Code, to allow certain local tax debt to be collected through the reduction of Federal tax refunds."} | 1,569 | 91 | 0.594667 | 1.454752 | 0.889631 | 2.932432 | 19.783784 | 0.932432 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Norman Yoshio Mineta Congressional
Gold Medal Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Norman Yoshio Mineta was born November 12, 1931, in San
Jose, California, to immigrant parents, Kunisaku and Kane
Mineta, from Shizouka prefecture in Japan.
(2) In 1942, Mineta and his family were forcibly relocated
to the Heart Mountain Relocation Center in Wyoming. They were
among 120,000 people of Japanese ancestry, two-thirds of whom
were natural-born United States citizens, sent to internment
camps by the United States Government during the Second World
War.
(3) After graduating from the University of California at
Berkeley, Mineta served as an intelligence officer for the
United States Army in Korea and Japan from 1953 to 1956. Mineta
then joined his father's insurance business located in San
Jose's Japantown.
(4) In 1966, Mineta accepted an appointment to the San Jose
Housing Authority, believing community involvement to be
essential to civic life and the full integration of Japanese
Americans into his hometown. He became a city councilmember one
year later.
(5) Mineta was elected mayor of San Jose in 1971, becoming
the first Asian American mayor of a major American city in the
continental United States. As mayor, he worked to economically
develop San Jose as ``Silicon Valley'' was forming, and also
strengthened community relations by engaging racial and ethnic
minorities through San Jose city departments and agencies,
including the San Jose Police Department.
(6) From 1975 to 1995, Mineta served as a Member of the
U.S. House of Representatives, representing the heart of Santa
Clara County and Silicon Valley. He served on numerous
committees, including the Budget, Intelligence, and Science
committees. He served longest on the House Public Works and
Transportation Committee, now known as the Transportation and
Infrastructure Committee, including as Committee Chairman.
(7) In 1978, Mineta, along with Representative Frank Horton
(R-NY), introduced a bipartisan joint resolution authorizing
and requesting the President to proclaim the 7-day period
beginning on May 4, 1979, as ``Asian/Pacific American Heritage
Week''. May is the month when the first Japanese immigrants
arrived in the United States in 1843, and also when Chinese
laborers completed the transcontinental railroad in 1869. The
resolution became Public Law that year, and was later expanded
to recognize the month of May as Asian Pacific American
Heritage Month.
(8) In 1987, Mineta had the honor of signing the Civil
Liberties Act which offered an official apology and redress for
the grave injustices committed against Americans of Japanese
ancestry during World War II, on behalf of the House of
Representatives when acting as Speaker pro tempore. In a
culmination of a 10-year bipartisan effort, President Ronald
Reagan signed the bill into law as Public Law 100-383 on August
10, 1988.
(9) Throughout his tenure in the House of Representatives,
Mineta was a strong advocate for transportation laws which made
air travel safer and aviation and transit systems more
accessible to Americans with disabilities. He also authored the
Intermodal Surface Transportation Efficiency Act of 1991, which
gave State, local, and regional governments greater control
over the use of Federal dollars in their communities.
(10) Mineta co-founded the Congressional Asian Pacific
American Caucus and the Asian Pacific American Institute for
Congressional Studies in 1994, which today continue to promote
the well-being and full participation of these communities in
American civic life.
(11) In 2000, Mineta became the first Asian American to
serve in a Presidential Cabinet as the Secretary of Commerce
under President William J. Clinton.
(12) In 2001, Mineta continued his dedication to public
service and bipartisanship by serving as Secretary of
Transportation under President George W. Bush.
(13) Mineta was at the helm of the Department of
Transportation on the day of the September 11, 2001, terrorist
attacks. In the aftermath of the attacks and through the end of
his tenure as Secretary of Transportation, he ushered in
critical reforms to the Nation's transportation and security
screening networks.
(14) In 2001, the San Jose City Council announced that the
city's airport was to be renamed the Norman Y. Mineta San Jose
International Airport.
(15) Mineta received the Presidential Medal of Freedom, the
highest civilian award in the United States, in 2006 from
President George W. Bush, and the Grand Cordon, Order of the
Rising Sun, from the Government of Japan, which is the highest
honor bestowed upon an individual outside of Japan.
(16) Having personally experienced the wrongful indignity
of internment as a child by his own government, Norman Yoshio
Mineta has dedicated his life to public service, to his
community, and to his country, and has done so with exemplary
dignity and integrity.
SEC. 3. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The Speaker of the House of
Representatives and the President pro tempore of the Senate shall make
appropriate arrangements for the presentation, on behalf of the
Congress, of a gold medal of appropriate design to Norman Yoshio
Mineta, in recognition of his courageous, principled dedication to
public service, civic engagement, and civil rights.
(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. | Norman Yoshio Mineta Congressional Gold Medal Act This bill directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the presentation of a Congressional Gold Medal to Norman Yoshio Mineta in recognition of his dedication to public service, civic engagement, and civil rights. | {"src": "billsum_train", "title": "Norman Yoshio Mineta Congressional Gold Medal Act"} | 1,398 | 77 | 0.390341 | 1.289725 | 0.628565 | 4.907407 | 24.166667 | 0.944444 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strategy and Effectiveness of
Foreign Policy and Assistance Act of 2009''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Section 108 of the National Security Act of 1947 (50
U.S.C. 404a) requires that the President shall transmit to
Congress each year a comprehensive report on the national
security strategy of the United States at the same time that
the President submits the budget for the following fiscal year
under section 1105 of title 31, United States Code.
(2) The national security strategy report sets forth the
national security strategy of the United States and includes a
comprehensive description and discussion of the worldwide
interests, goals, and objectives of the United States that are
vital to the national security of the United States and also
the proposed short-term and long-term uses of the political,
economic, military, and other elements of the national power of
the United States to protect or promote United States national
security interests.
(3) The Government Performance and Results Act of 1993
(Public Law 103-62) requires United States Government
departments and agencies to set goals, measure performance,
report on their accomplishments, establish long-term strategic
goals as well as annual goals, define clear missions and
desired outcomes, measure performance as a means of gauging
progress, and utilize performance information as a basis for
decisionmaking.
(4) Under the administration of President George W. Bush
and in accordance with the Government Performance and Results
Act of 1993, all United States Government departments and
agencies were required to conduct performance-based budgeting
and planning as guided by the Office of Management and Budget's
Program Assessment Rating Tool (PART), in order to ensure more
accurate assessment of program performance and to drive a
sustained focus on program results.
(5) In January 2006, Secretary of State Condoleezza Rice
stated that the United States foreign assistance structure
risks incoherent policies, ineffective programs, and wasted
resources when spending is not strategically tied to
overarching United States goals.
(6) The Department of State and the United States Agency
for International Development (USAID) developed a Joint
Strategic Plan for Fiscal Years 2007-2012, which outlines
strategic goals shared by both agencies, and implemented a
joint Department of State-USAID foreign assistance budget
process starting with the fiscal year 2008 budget request.
(7) In 2008, the Department of State approved plans for new
Department of State-USAID Country Assistance Strategies that
would take a comprehensive approach by including the efforts of
all United States agencies providing foreign assistance in a
country and by including an overall strategic approach for such
foreign assistance.
(8) The Department of State and USAID have participated in
a pilot performance-reporting program launched by the Office of
Budget and Management aimed at streamlining Federal agency
reporting while retaining ongoing efforts to directly integrate
budget and performance planning and reporting.
(9) USAID seeks to apply ``performance management'' by
implementing a five-step strategic management process that
includes mission performance plans, the Department of State and
USAID Joint Strategic Plan, annual reports, a performance and
accountability report, agency policy frameworks, and bureau
strategic frameworks.
(10) In the report entitled ``Foreign Aid Reform:
Comprehensive Strategy, Interagency Coordination, and
Operational Improvements Would Bolster Current Efforts'', the
Government Accountability Office found that, until the
Department of State develops and implements a comprehensive,
integrated United States foreign assistance strategy, it will
lack assurance that programs are strategically tied to
overarching United States goals and that, by basing its annual
operational plans and Country Assistance Strategies on a
standardized program structure, the Department of State was, in
fact, attempting to tie its planning and budgeting to strategic
foreign policy objectives.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) under the direction of the President, the Secretary of
State and the Administrator of the United States Agency for
International Development (USAID) should, to the maximum extent
practicable, make funding decisions on the basis of a long-term
strategy that addresses national security, diplomatic, and
foreign assistance objectives and needs of the United States;
and
(2) while steps already taken towards performance
management and budgeting by the Department of State and USAID
are commendable, there remains a need for budget requests for
the Department of State, USAID, and other foreign affairs
agencies to be more effectively integrated with national
security objectives and program evaluation and management.
SEC. 4. REPORT ON LONG-TERM STRATEGIES FOR UNITED STATES NATIONAL
SECURITY, DIPLOMACY, AND FOREIGN ASSISTANCE.
(a) Report Required.--On the date on which the President transmits
to Congress the comprehensive report on the national security strategy
of the United States under section 108 of the National Security Act of
1947 and the budget for the following fiscal year under section 1105 of
title 31, United States Code, the President shall transmit to the
Congress a comprehensive report on--
(1) the organizational structures of the Department of
State, the United States Agency for International Development
(USAID), and other foreign affairs agencies; and
(2) the extent to which the organizational structures of
such departments and agencies and United States foreign
assistance programs, budget plans, personnel decisions, and
public diplomacy are related to a long-term strategy that
advances national security objectives and needs of the United
States.
(b) Matters To Be Included.--The report required by subsection (a)
shall include the following:
(1) An outline of the Department of State's and USAID's
staffing and operation of United States embassies, consulates,
and missions abroad and staffing and operation of the
Department of State's and USAID's headquarters and other
offices in the United States and an analysis of how decisions
relating to organization, staffing, and operations relate to
and advance specific objectives of the national security
strategy of the United States.
(2) A review of the means through which cooperation is
ensured between the Department of State and USAID and the
Departments of Defense, Homeland Security, Treasury, and
Commerce and the Office of the United States Trade
Representative, the Drug Enforcement Agency, and United States
intelligence agencies.
(3) An explanation of the scenarios for possible United
States responses to crisis management and long-term policy
challenges and of the processes by which the Department of
State develops such scenarios.
(4) Recommendations for improving the processes by which
the Department of State develops scenarios for possible United
States responses to crisis management and long-term policy
challenges in order to incorporate nontraditional threat
planning circumstances and input from other Federal departments
and agencies and nongovernmental organizations.
(c) Additional Matters To Be Included.--With respect to each
foreign assistance funding request of the Department of State, USAID,
and other foreign affairs agencies contained in the budget for the
following fiscal year under section 1105 of title 31, United States
Code, the report required by subsection (a) shall include the
following:
(1) The short-term and long-term justification for the
funding request.
(2) In the case of a funding request for a new program,
project, or activity or an increased funding request of an
existing program, project, or activity, a comprehensive
explanation of how and the extent to which the new or increased
funding will meet the requirements of this section.
SEC. 5. REORGANIZATION OF CERTAIN DEPARTMENT OF STATE AND USAID OFFICES
AND BUREAUS.
(a) Reorganization.--In furtherance of the objectives and
requirements of this Act, the President shall take such actions as are
necessary to integrate the offices and bureaus described in subsection
(b) into a single office in the Department of State to be known as the
Office of Long-Term Planning and Resource Management.
(b) Offices and Bureaus Described.--The offices and bureaus
described in this subsection shall include the following:
(1) The Office of Policy Planning, the Office of Resource
Management, and the Office of the Director of Foreign
Assistance of the Department of State.
(2) The Bureau of Budget/Performance/Accountability of the
United States Agency for International Development.
SEC. 6. REPORT ON PERFORMANCE-BASED BUDGETING BY THE DEPARTMENT OF
STATE, USAID, AND OTHER FOREIGN AFFAIRS AGENCIES.
(a) Report Required.--On the date on which the President transmits
to Congress the comprehensive report on the national security strategy
of the United States under section 108 of the National Security Act of
1947, the budget for the following fiscal year under section 1105 of
title 31, United States Code, and the report required by section 4 of
this Act, the Comptroller General of the United States shall submit to
the specified congressional committees a report on--
(1) uses by the Department of State, the United States
Agency for International Development, and other foreign affairs
agencies of performance-based or performance management
budgeting with respect to foreign assistance programs,
projects, and activities;
(2) the relation of such performance-based or performance
management budgeting to the requirements under the Government
Performance and Results Act of 1993 and the requirements under
this Act; and
(3) recommendations for improving such performance-based or
performance management budgeting.
(b) Specified Congressional Committees.--The congressional
committees specified in subsection (a) are--
(1) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate. | Strategy and Effectiveness of Foreign Policy and Assistance Act of 2009 - Directs the President to report to Congress regarding: (1) the organizational structures of the Department of State, the United States Agency for International Development (USAID), and other foreign affairs agencies; and (2) the extent to which the organizational structures of such departments and agencies and U.S. foreign assistance programs, budget plans, personnel decisions, and diplomacy are related to long-term U.S. security strategy.
Directs the President to take actions necessary to integrate the following offices and bureaus into a single Department office to be known as the Office of Long-Term Planning and Resource Management: (1) the Office of Policy Planning, the Office of Resource Management, and the Office of the Director of Foreign Assistance of the Department of State; and (2) the Bureau of Budget/Performance/Accountability of USAID. | {"src": "billsum_train", "title": "To require the use of long-term strategies for United States national security, diplomacy, and foreign assistance and the full use of performance-based budgeting for foreign assistance programs, projects, and activities, and for other purposes."} | 2,029 | 180 | 0.633432 | 1.820045 | 0.73006 | 7.229412 | 11.617647 | 0.970588 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oil Independence, Limiting
Subsidies, and Accelerating Vehicle Efficiency (OILSAVE) Act''.
SEC. 2. TAX CREDIT FOR FUEL-EFFICIENT MOTOR VEHICLES.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to other credits) is
amended by inserting after section 30C the following new section:
``SEC. 30D. FUEL-EFFICIENT MOTOR VEHICLE CREDIT.
``(a) Allowance of Credit.--There shall be allowed a credit against
the tax imposed by this chapter for the taxable year an amount equal to
the applicable amount for each new qualified fuel-efficient motor
vehicle placed in service by the taxpayer during the taxable year.
``(b) New Qualified Fuel-Efficient Motor Vehicle.--For purposes of
this section, the term `new qualified fuel-efficient motor vehicle'
means a motor vehicle (as defined under section 30(c)(2))--
``(1) which is a passenger automobile or a light truck,
``(2) which--
``(A) in the case of a passenger automobile,
achieves a fuel economy of not less than 34.5 miles per
gallon, and
``(B) in the case of a light truck, achieves a fuel
economy of not less than 27.5 miles per gallon,
``(3) the original use of which commences with the
taxpayer,
``(4) which is acquired for use or lease by the taxpayer
and not for resale, and
``(5) which is made by a manufacturer for model year 2009,
2010, or 2011.
``(c) Applicable Amount.--For purposes of this section, the
applicable amount shall be determined as follows:
------------------------------------------------------------------------
In the case
of a In the case
passenger of a light
If the motor vehicle achieves a fuel economy automobile, truck, the
of: the applicable
applicable amount is:
amount is:
------------------------------------------------------------------------
27.5 miles per gallon......................... $0 $630
28.5.......................................... 0 710
29.5.......................................... 0 780
30.5.......................................... 0 850
31.5.......................................... 0 920
32.5.......................................... 0 980
33.5.......................................... 0 1,040
34.5.......................................... 630 1,090
35.5.......................................... 700 1,140
36.5.......................................... 760 1,190
37.5.......................................... 820 1,240
38.5.......................................... 880 1,280
39.5.......................................... 940 1,320
40.5.......................................... 990 1,360
41.5.......................................... 1,040 1,400
42.5.......................................... 1,090 1,430
43.5.......................................... 1,140 1,470
44.5.......................................... 1,180 1,500
45.5.......................................... 1,220 1,530
46.5.......................................... 1,260 1,560
47.5.......................................... 1,300 1,590
48.5.......................................... 1,340 1,620
49.5.......................................... 1,370 1,640
50.5.......................................... 1,410 1,670
51.5.......................................... 1,440 1,690
52.5.......................................... 1,470 1,720
53.5.......................................... 1,500 1,740
54.5.......................................... 1,530 1,760
55.5.......................................... 1,560 1,780
56.5.......................................... 1,590 1,800
57.5.......................................... 1,610 1,820
58.5.......................................... 1,640 1,840
59.5 or more.................................. 1,660 1,860
------------------------------------------------------------------------
``(d) Other Definitions and Special Rules.--For purposes of this
section--
``(1) Fuel economy.--The term `fuel economy' has the
meaning given such term under section 32901(a)(10) of title 49,
United States Code.
``(2) Model year.--The term `model year' has the meaning
given such term under section 32901(a)(14) of such title.
``(3) Other terms.--The terms `passenger automobile',
`light truck', and `manufacturer' have the meaning given such
terms in regulations prescribed by the Administrator of the
Environmental Protection Agency for purposes of the
administration of title II of the Clean Air Act.
``(4) Reduction in basis.--For purposes of this subtitle,
the basis of any property for which a credit is allowable under
subsection (a) shall be reduced by the amount of such credit so
allowed.
``(5) No double benefit.--
``(A) Coordination with other vehicle credits.--No
credit shall be allowed under subsection (a) with
respect to any new qualified fuel-efficient motor
vehicle for any taxable year if a credit is allowed
with respect to such motor vehicle for such taxable
year under section 30 or 30B.
``(B) Other tax benefits.--The amount of any
deduction or credit (other than the credit allowable
under this section and any credit described in
subparagraph (A)) allowable under this chapter with
respect to any new qualified fuel-efficient motor
vehicle shall be reduced by the amount of credit
allowed under subsection (a) for such motor vehicle for
such taxable year.
``(6) Property used outside the united states, etc., not
qualified.--No credit shall be allowable under subsection (a)
with respect to any property referred to in section 50(b)(1) or
with respect to the portion of the cost of any property taken
into account under section 179.
``(7) Election not to take credit.--No credit shall be
allowed under subsection (a) for any vehicle if the taxpayer
elects not to have this section apply to such vehicle.
``(8) Interaction with air quality and motor vehicle safety
standards.--Unless otherwise provided in this section, a motor
vehicle shall not be considered eligible for a credit under
this section unless such vehicle is in compliance with--
``(A) the applicable provisions of the Clean Air
Act for the applicable make and model year of the
vehicle (or applicable air quality provisions of State
law in the case of a State which has adopted such
provision under a waiver under section 209(b) of the
Clean Air Act), and
``(B) the motor vehicle safety provisions of
sections 30101 through 30169 of title 49, United States
Code.
``(e) Credit May Be Transferred.--
``(1) In general.--A taxpayer may, in connection with the
purchase of a new qualified fuel-efficient motor vehicle,
transfer any credit allowable under subsection (a) to any
person who is in the trade or business of selling new qualified
fuel-efficient motor vehicles, but only if such person clearly
discloses to such taxpayer, through the use of a window sticker
attached to the new qualified fuel-efficient vehicle--
``(A) the amount of any credit allowable under
subsection (a) with respect to such vehicle, and
``(B) a notification that the taxpayer will not be
eligible for any credit under section 30 or 30B with
respect to such vehicle unless the taxpayer elects not
to have this section apply with respect to such
vehicle.
``(2) Consent required for revocation.--Any transfer under
paragraph (1) may be revoked only with the consent of the
Secretary.
``(3) Regulations.--The Secretary may prescribe such
regulations as necessary to ensure that any credit described in
paragraph (1) is claimed once and not retransferred by a
transferee.''.
(b) Conforming Amendments.--
(1) Section 1016(a) of the Internal Revenue Code of 1986 is
amended by striking ``and'' at the end of paragraph (36), by
striking the period at the end of paragraph (37) and inserting
``, and'', and by adding at the end the following new
paragraph:
``(38) to the extent provided in section 30D(d)(4).''.
(2) Section 6501(m) of such Code is amended by inserting
``30D(d)(7),'' after ``30C(e)(5),''.
(3) The table of section for subpart C of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 30C the following new item:
``Sec. 30D. Fuel-efficient motor vehicle credit.''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act with respect to model years 2009, 2010, and 2011.
SEC. 3. SENSE OF THE SENATE REGARDING OFFSETTING REVENUES.
It is the sense of the Senate that the cost of the amendments made
by section 2 shall be offset by equivalent revenues specified in
related legislation. | Oil Independence, Limiting Subsidies, and Accelerating Vehicle Efficiency (OILSAVE) Act - Amends the Internal Revenue Code to allow a tax credit for the purchase of a new qualified fuel-efficient motor vehicle. Defines "new qualified fuel-efficient motor vehicle" as a passenger automobile with a fuel economy rating of not less than 34.5 miles per gallon or a light truck with a 27.5 miles per gallon rating which are manufactured for model years 2009-2011.
Expresses the sense of the Senate that the cost of this Act shall be offset by equivalent revenues in related legislation. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide a credit for fuel-efficient motor vehicles, and for other purposes."} | 2,070 | 135 | 0.610443 | 1.472837 | 0.624133 | 5.036697 | 15.788991 | 0.908257 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National AMBER Alert Network Act of
2003''.
SEC. 2. NATIONAL COORDINATION OF AMBER ALERT COMMUNICATIONS NETWORK.
(a) Coordination Within Department of Justice.--The Attorney
General shall assign an officer of the Department of Justice to act as
the national coordinator of the AMBER Alert communications network
regarding abducted children. The officer so designated shall be known
as the AMBER Alert Coordinator of the Department of Justice.
(b) Duties.--In acting as the national coordinator of the AMBER
Alert communications network, the Coordinator shall--
(1) seek to eliminate gaps in the network, including gaps
in areas of interstate travel;
(2) work with States to encourage the development of
additional elements (known as local AMBER plans) in the
network;
(3) work with States to ensure appropriate regional
coordination of various elements of the network; and
(4) act as the nationwide point of contact for--
(A) the development of the network; and
(B) regional coordination of alerts on abducted
children through the network.
(c) Consultation With Federal Bureau of Investigation.--In carrying
out duties under subsection (b), the Coordinator shall notify and
consult with the Director of the Federal Bureau of Investigation
concerning each child abduction for which an alert is issued through
the AMBER Alert communications network.
(d) Cooperation.--The Coordinator shall cooperate with the
Secretary of Transportation and the Federal Communications Commission
in carrying out activities under this section.
SEC. 3. MINIMUM STANDARDS FOR ISSUANCE AND DISSEMINATION OF ALERTS
THROUGH AMBER ALERT COMMUNICATIONS NETWORK.
(a) Establishment of Minimum Standards.--Subject to subsection (b),
the AMBER Alert Coordinator of the Department of Justice shall
establish minimum standards for--
(1) the issuance of alerts through the AMBER Alert
communications network; and
(2) the extent of the dissemination of alerts issued
through the network.
(b) Limitations.--(1) The minimum standards established under
subsection (a) shall be adoptable on a voluntary basis only.
(2) The minimum standards shall, to the maximum extent practicable
(as determined by the Coordinator in consultation with State and local
law enforcement agencies), provide that the dissemination of an alert
through the AMBER Alert communications network be limited to the
geographic areas most likely to facilitate the recovery of the abducted
child concerned.
(3) In carrying out activities under subsection (a), the
Coordinator may not interfere with the current system of voluntary
coordination between local broadcasters and State and local law
enforcement agencies for purposes of the AMBER Alert communications
network.
(c) Cooperation.--(1) The Coordinator shall cooperate with the
Secretary of Transportation and the Federal Communications Commission
in carrying out activities under this section.
(2) The Coordinator shall also cooperate with local broadcasters
and State and local law enforcement agencies in establishing minimum
standards under this section.
SEC. 4. GRANT PROGRAM FOR NOTIFICATION AND COMMUNICATIONS SYSTEMS ALONG
HIGHWAYS FOR RECOVERY OF ABDUCTED CHILDREN.
(a) Program Required.--The Secretary of Transportation shall carry
out a program to provide grants to States for the development or
enhancement of notification or communications systems along highways
for alerts and other information for the recovery of abducted children.
(b) Activities.--Activities funded by grants under the program
under subsection (a) may include--
(1) the development or enhancement of electronic message
boards along highways and the placement of additional signage
along highways; and
(2) the development or enhancement of other means of
disseminating along highways alerts and other information for
the recovery of abducted children.
(c) Federal Share.--The Federal share of the cost of any activities
funded by a grant under the program under subsection (a) may not exceed
50 percent.
(d) Distribution of Grant Amounts on Geographic Basis.--The
Secretary shall, to the maximum extent practicable, ensure the
distribution of grants under the program under subsection (a) on an
equitable basis throughout the various regions of the United States.
(e) Administration.--The Secretary shall prescribe requirements,
including application requirements, for grants under the program under
subsection (a).
(f) Authorization of Appropriations.--(1) There is authorized to be
appropriated for the Department of Transportation $20,000,000 for
fiscal year 2004 to carry out this section.
(2) Amounts appropriated pursuant to the authorization of
appropriations in paragraph (1) shall remain available until expended.
SEC. 5. GRANT PROGRAM FOR SUPPORT OF AMBER ALERT COMMUNICATIONS PLANS.
(a) Program Required.--The Attorney General shall carry out a
program to provide grants to States for the development or enhancement
of programs and activities for the support of AMBER Alert
communications plans.
(b) Activities.--Activities funded by grants under the program
under subsection (a) may include--
(1) the development and implementation of education and
training programs, and associated materials, relating to AMBER
Alert communications plans;
(2) the development and implementation of law enforcement
programs, and associated equipment, relating to AMBER Alert
communications plans; and
(3) such other activities as the Secretary considers
appropriate for supporting the AMBER Alert communications
program.
(c) Federal Share.--The Federal share of the cost of any activities
funded by a grant under the program under subsection (a) may not exceed
50 percent.
(d) Distribution of Grant Amounts on Geographic Basis.--The
Attorney General shall, to the maximum extent practicable, ensure the
distribution of grants under the program under subsection (a) on an
equitable basis throughout the various regions of the United States.
(e) Administration.--The Attorney General shall prescribe
requirements, including application requirements, for grants under the
program under subsection (a).
(f) Authorization of Appropriations.--(1) There is authorized to be
appropriated for the Department of Justice $5,000,000 for fiscal year
2004 to carry out this section.
(2) Amounts appropriated pursuant to the authorization of
appropriations in paragraph (1) shall remain available until expended.
Passed the Senate January 21, 2003.
Attest:
EMILY J. REYNOLDS,
Secretary. | National AMBER Alert Network Act of 2003 - (Sec. 2) Requires the Attorney General to assign an AMBER Alert Coordinator of the Department of Justice to act as the national coordinator of the AMBER Alert communications network regarding abducted children. Requires the coordinator to: (1) seek to eliminate gaps in the network; (2) work with States to encourage the development of additional network elements and to ensure regional coordination; and (3) act as the nationwide point of contact for network development and for regional coordination of alerts on abducted children through the network. Directs the Coordinator to notify and consult with the Federal Bureau of Investigation concerning each child abduction for which an AMBER Alert is issued.(Sec. 3) Directs the Coordinator to establish minimum standards for the issuance of alerts and for the extent of their dissemination (limited to the geographic areas most likely to facilitate the recovery of the abducted child). Provides that the standards shall be adoptable on a voluntary basis only.Requires the Coordinator to cooperate with the Secretary of Transportation and the Federal Communications Commission in carrying out such activities.(Sec. 4) Requires the Secretary of Transportation to provide grants to States for the development or enhancement of notification or communications systems along highways for alerts and other information for the recovery of abducted children. Includes among permissible activities the development or enhancement of electronic message boards, and the placement of additional signage, along highways. Limits the Federal cost share to 50 percent. Directs the Secretary to ensure grant distribution on an equitable basis throughout the various regions of the United States. Authorizes appropriations.(Sec. 5) Directs the Attorney General to provide grants to States for the development or enhancement of programs and activities for the support of AMBER Alert communications plans, which may include the development and implementation of: (1) education and training programs and associated materials; and (2) law enforcement programs and associated equipment. Limits the Federal cost share to 50 percent. Directs the Secretary to ensure grant distribution on an equitable basis throughout the various regions of the United States. Authorizes appropriations. | {"src": "billsum_train", "title": "A bill to enhance the operation of the AMBER Alert communications network in order to facilitate the recovery of abducted children, to provide for enhanced notification on highways of alerts and information on such children, and for other purposes."} | 1,340 | 443 | 0.801191 | 2.64539 | 0.862869 | 5.193299 | 3.190722 | 0.940722 |
SECTION 1. NATIONAL MILITARY FAMILY RELIEF FUND TO ASSIST FAMILIES OF
MEMBERS OF THE ARMED FORCES WHO ARE SERVING IN, OR HAVE
SERVED IN, IRAQ OR AFGHANISTAN.
(a) In General.--Subchapter I of chapter 88 of title 10, United
States Code, is amended by inserting after section 1781b the following
new section:
``Sec. 1781c. National Military Family Relief Fund to assist military
families
``(a) Establishment.--There is established in the Treasury a fund,
which shall be known as the `National Military Family Relief Fund' (in
this section referred to as the `Fund').
``(b) Credits to Fund.--There are hereby appropriated to the Fund
in each fiscal year an amount equal to the amounts designated for
deposit in the Fund under section 6098 of the Internal Revenue Code of
1986 in the taxable year ending in that fiscal year.
``(c) Use of Fund.--The Secretary of Defense shall use amounts in
the Fund, without further specific authorization in law, to make grants
to members of the Armed Forces who are serving in, or have served in,
Iraq or Afghanistan to assist the families of such members.
``(d) Grant Criteria.--The Secretary of Defense shall prescribe the
criteria under which grant applications will be solicited and grants
will be made and the purposes for which grants may be used.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by inserting after the item relating to
section 1781b the following new item:
``1781c. National Military Family Relief Fund to assist military
families.''.
SEC. 2. DESIGNATION OF INCOME TAX PAYMENTS TO NATIONAL MILITARY FAMILY
RELIEF FUND.
(a) In General.--Subchapter A of chapter 61 of the Internal Revenue
Code of 1986 (relating to information and returns) is amended by adding
at the end the following new part:
``PART IX--DESIGNATION OF INCOME TAX PAYMENTS TO NATIONAL MILITARY
FAMILY RELIEF FUND
``Sec. 6098. Designation to National Military Family Relief Fund.
``SEC. 6098. DESIGNATION TO NATIONAL MILITARY FAMILY RELIEF FUND.
``(a) In General.--Every individual (other than a nonresident
alien), with respect to each taxpayer's return for the taxable year of
the tax imposed by chapter 1--
``(1) whose adjusted income tax liability for the taxable
year is $1 or more may designate that a specified portion (not
less than $1) of any overpayment of tax shall be paid over to,
and
``(2) in addition to any payment of income tax liability,
may make a contribution of an additional amount which shall be
paid over to,
the National Military Family Relief Fund, established under section
1781c of title 10, United States Code.
``(b) Adjusted Income Tax Liability.--For purposes of subsection
(a), the term `adjusted income tax liability' means, for any individual
for any taxable year, the excess (if any) of--
``(1) the income tax liability (as defined in section
6096(b)) of the individual for the taxable year, over
``(2) any amount designated by the individual (and, in the
case of a joint return, any amount designated by the
individual's spouse) under section 6096(a) for such taxable
year.
``(c) Manner and Time of Designation and Contribution.--A
designation and contribution under subsection (a) may be made with
respect to any taxable year--
``(1) at the time of filing the return of the tax imposed
by chapter 1 for such taxable year, or
``(2) at any other time (after the time of filing the
return of the tax imposed by chapter 1 for such taxable year)
specified in regulations prescribed by the Secretary.
Such designation shall be made in such manner as the Secretary
prescribes by regulations except that, if such designation is made at
the time of filing the return of the tax imposed by chapter 1 for such
taxable year, such designation shall be made either on the first page
of the return or on the page bearing the taxpayer's signature.
``(d) Overpayments Treated as Refunded.--For purposes of this
title, any portion of an overpayment of tax designated under subsection
(a) shall be treated as--
``(1) being refunded to the taxpayer as of the last date
prescribed for filing the return of tax imposed by chapter 1
(determined without regard to extensions) or, if later, the
date the return is filed, and
``(2) a contribution made by such taxpayer on such date to
the United States.''.
(b) Clerical Amendment.--The table of parts for subchapter A of
chapter 61 of such Code is amended by adding at the end the following
new item:
``Part IX--Designation of Income Tax Payments to National Military
Family Relief Fund
``Sec. 6098. Designation to National Military Family Relief Fund.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Establishes in the Treasury the National Military Family Relief Fund to make grants to Armed Forces members who are serving, or have served, in Iraq or Afghanistan to assist the families of such members.
Amends the Internal Revenue Code to: (1) allow every individual taxpayer to designate $1 or more of any overpayment to be paid to the Fund; and (2) in addition to any payment of income tax liability, make a contribution of an additional amount which shall be paid over to the Fund. | {"src": "billsum_train", "title": "To amend title 10, United States Code, to authorize taxpayers to designate a portion of their income tax payments to a National Military Family Relief Fund to be used by the Secretary of Defense to assist the families of members of the Armed Forces who are serving in, or have served in, Iraq or Afghanistan."} | 1,217 | 102 | 0.570817 | 1.479589 | 0.066557 | 5.765306 | 10.836735 | 0.94898 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Counterfeit Drug Enforcement Act''.
SEC. 2. RECALL AUTHORITY REGARDING DRUGS.
Subchapter A of chapter V of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 351 et seq.) is amended by inserting after section 506C
the following section:
``SEC. 506D. RECALL AUTHORITY.
``(a) Order to Cease Distribution of Drug; Notification of Health
Professionals.--
``(1) In general.--If the Secretary finds that there is a
reasonable probability that a drug intended for human use would
cause serious, adverse health consequences or death, the
Secretary shall issue an order requiring the appropriate person
(including the manufacturers, importers, distributors, or
retailers of the drug)--
``(A) to immediately cease distribution of the
drug; and
``(B) to immediately notify health professionals of
the order and to instruct such professionals to cease
administering or prescribing the drug.
``(2) Informal hearing.--An order under paragraph (1) shall
provide the person subject to the order with an opportunity for
an informal hearing, to be held not later than 10 days after
the date of the issuance of the order, on the actions required
by the order and on whether the order should be amended to
require a recall of the drug involved. If, after providing an
opportunity for such a hearing, the Secretary determines that
inadequate grounds exist to support the actions required by the
order, the Secretary shall vacate the order.
``(b) Order to Recall Drug.--
``(1) In general.--If, after providing an opportunity for
an informal hearing under subsection (a)(2), the Secretary
determines that the order should be amended to include a recall
of the drug with respect to which the order was issued, the
Secretary shall, except as provided in paragraphs (2) and (3),
amend the order to require a recall. The Secretary shall
specify a timetable in which the drug recall will occur and
shall require periodic reports to the Secretary describing the
progress of the recall.
``(2) Certain actions.--An amended order under paragraph
(1)--
``(A) shall not include recall of a drug from
individuals; and
``(B) shall provide for notice to individuals
subject to the risks associated with the use of the
drug.
``(3) Assistance of health professionals.--In providing the
notice required by paragraph (2)(B), the Secretary may use the
assistance of health professionals who administered the drug
involved to individuals or prescribed the drug for individuals.
If a significant number of such individuals cannot be
identified, the Secretary shall notify such individuals
pursuant to section 705(b).''.
SEC. 3. SALE OR TRADE OF PRESCRIPTION DRUGS KNOWINGLY CAUSED TO BE
ADULTERATED OR MISBRANDED; KNOWING PURCHASE OR TRADE.
(a) Criminal Penalty.--Section 303(a) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 333(a)) is amended by adding at the end the
following paragraph:
``(3) Notwithstanding paragraph (1) or (2), in the case of a person
who violates section 301(a), 301(b), or 301(c) with respect to a drug
that is subject to section 503(b)(1)(B), if the person knowingly caused
the drug to be adulterated or misbranded and sells or trades the drug,
or the person purchases or trades for the drug knowing or having reason
to know that the drug was knowingly caused to be adulterated or
misbranded, the person shall be fined in accordance with title 18,
United States Code, or imprisoned for any term of years or for life, or
both.''.
(b) Notification of Food and Drug Administration by
Manufacturers.--Section 505(k) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 355(k)) is amended by adding at the end the following
paragraph:
``(3) A manufacturer of a drug that receives or otherwise becomes
aware of information that reasonably suggests that a violation
described in section 303(a)(3) may have occurred with respect to the
drug shall report such information to the Secretary not later than 48
hours after first receiving or otherwise becoming aware of the
information.''.
(c) Increased Funding for Inspections, Examinations, and
Investigations.--For the purpose of increasing the capacity of the Food
and Drug Administration to conduct inspections, examinations, and
investigations under the Federal Food, Drug, and Cosmetic Act with
respect to violations described in section 303(a)(3) of such Act, there
is authorized to be appropriated $60,000,000 for each of the fiscal
years 2006 through 2010, in addition to other authorizations of
appropriations that are available for such purpose. | Counterfeit Drug Enforcement Act - Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services, upon a finding of reasonable probability that a drug intended for human use would cause serious health consequences or death, to issue an order requiring the appropriate person (including the manufacturers, importers, distributors, or retailers of the drug) to: (1) cease distribution of the drug; (2) notify health professionals of the order and instruct such professionals to cease administering or prescribing the drug; and (3) amend the order to include a recall if necessary.
Establishes a criminal fine and/or imprisonment for a person who: (1) knowingly causes a prescription drug to be adulterated or misbranded and sells or trades the drug; or (2) purchases or trades for such drug knowing or having reason to know that the drug was knowingly adulterated or misbranded. Requires a manufacturer of a drug to notify the Secretary within 48 hours after first receiving or becoming aware of information that reasonably suggests that such a violation may have occurred.
Increases funding for Food and Drug Administration (FDA) inspections, examinations, and investigations. | {"src": "billsum_train", "title": "To amend the Federal Food, Drug, and Cosmetic Act to establish recall authority regarding drugs, to increase criminal penalties for the sale or trade of prescription drugs knowingly caused to be adulterated or misbranded, and for other purposes."} | 1,100 | 255 | 0.59842 | 1.573767 | 0.785799 | 4.513514 | 4.378378 | 0.927928 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening Kids' Interest in
Learning and Libraries Act'' or the ``SKILLs Act''.
TITLE I--SCHOOL LIBRARY MEDIA SPECIALIST REQUIREMENTS
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Section 1002(b)(4) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6302) is amended by striking ``2002'' and inserting
``2008''.
SEC. 102. STATE PLANS.
Section 1111(b)(8) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6311(b)(8)) is amended--
(1) in subparagraph (D), by striking ``and'' after the
semicolon;
(2) by redesignating subparagraph (E) as subparagraph (F);
and
(3) by inserting after subparagraph (D) the following:
``(E) how the State educational agency will meet
the goal of ensuring that there is not less than 1
highly qualified school library media specialist in
each school receiving funds under this part, as
described in section 1119(h)(2); and''.
SEC. 103. LOCAL EDUCATIONAL AGENCY PLANS.
Section 1112(b)(1)(N) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6312(b)(1)(N)) is amended by inserting ``, including
ensuring that there is not less than 1 highly qualified school library
media specialist in each school'' before the semicolon.
SEC. 104. SCHOOLWIDE PROGRAMS.
Section 1114(b)(1)(D) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6314(b)(1)(D)) is amended by inserting ``school
library media specialists,'' after ``teachers,''.
SEC. 105. TARGETED ASSISTANCE SCHOOLS.
Section 1115(c)(1)(F) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6315(c)(1)(F)) is amended by inserting ``school
library media specialists,'' after ``teachers,''.
SEC. 106. QUALIFICATIONS FOR TEACHERS, PARAPROFESSIONALS, AND SCHOOL
LIBRARY MEDIA SPECIALISTS.
(a) In General.--Section 1119 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6319) is amended--
(1) in the section heading, by striking ``teachers and
paraprofessionals'' and inserting ``teachers,
paraprofessionals, and school library media specialists'';
(2) by redesignating subsections (h) through (l) as
subsections (i) through (m), respectively;
(3) by inserting after subsection (g) the following:
``(h) School Library Media Specialists.--
``(1) Local educational agency requirement.--Each local
educational agency receiving assistance under this part shall
ensure, to the extent feasible, that each school that is served
by the local educational agency and receives funds under this
part employs not less than 1 highly qualified school library
media specialist.
``(2) State goal.--Each State educational agency receiving
assistance under this part shall--
``(A) establish a goal of having not less than 1
highly qualified school library media specialist in
each public school that is served by the State
educational agency and receives funds under this part;
and
``(B) specify a date by which the State will reach
this goal, which date shall be not later than the
beginning of the 2010-2011 school year.''; and
(4) in subsection (i) (as redesignated by subsection
(a)(2)), by striking ``and paraprofessionals'' and inserting
``, paraprofessionals, and school library and media
specialists''.
(b) Conforming Amendment.--Section 1119(l) of the Elementary and
Secondary Education Act of 1965 (as redesignated by subsection (a)(2))
(20 U.S.C. 6319(l)) is amended by striking ``subsection (1)'' and
inserting ``subsection (m)''.
SEC. 107. IMPROVING LITERACY THROUGH SCHOOL LIBRARIES.
Section 1251 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6383) is amended--
(1) in subsection (a), by striking ``well-trained,
professionally certified'' and inserting ``highly qualified'';
(2) in subsection (e)(3)--
(A) by striking ``Distribution.--The'' and
inserting the following: ``Distribution.--
``(A) Geographic distribution.--The''; and
(B) by adding at the end the following:
``(B) Balance among types of schools.--In awarding
grants under this subsection, the Secretary shall take
into consideration whether funding is proportionally
distributed among projects serving students in
elementary, middle, and high schools.'';
(3) in subsection (f)(2)--
(A) in subparagraph (A)--
(i) by inserting ``the need for student
literacy improvement at all grade levels,''
before ``the need for''; and
(ii) by striking ``well-trained,
professionally certified'' and inserting
``highly qualified'';
(4) by striking subparagraph (B) and inserting the
following:
``(B) a needs assessment of which grade spans are
served, ensuring funding is proportionally distributed
to serve students in elementary, middle, and high
schools;'';
(5) in subsection (g)--
(A) in paragraph (1), by striking the semicolon at
the end and inserting ``and reading materials, such as
books and materials that--
``(A) are appropriate for students in all grade
levels to be served and for students with special
learning needs, including students who are limited
English proficient; and
``(B) engage the interest of readers at all reading
levels;''; and
(B) in paragraph (4), by striking ``professional
development described in section 1222(d)(2)'' and
inserting ``professional development in information
literacy instruction that is appropriate for all
grades, including the assessment of student literacy
needs, the coordination of reading and writing
instruction across content areas, and training in
literacy strategies in all content areas''.
TITLE II--PREPARING, TEACHING, AND RECRUITING HIGH QUALITY TEACHERS,
SCHOOL LIBRARY MEDIA SPECIALISTS, AND PRINCIPALS
SEC. 201. TEACHER, SCHOOL LIBRARY MEDIA SPECIALIST, AND PRINCIPAL
TRAINING AND RECRUITING FUND.
Title II of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6601 et seq.) is amended--
(1) in the title heading, by striking ``HIGH QUALITY
TEACHERS AND PRINCIPALS'' and inserting ``HIGH QUALITY
TEACHERS, SCHOOL LIBRARY MEDIA SPECIALISTS, AND PRINCIPALS '';
and
(2) in the part heading, by striking ``TEACHER AND
PRINCIPAL'' and inserting ``TEACHER, SCHOOL LIBRARY MEDIA
SPECIALIST, AND PRINCIPAL''.
SEC. 202. PURPOSE.
Section 2101(1) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6601(1)) is amended to read as follows:
``(1) increase student academic achievement through
strategies such as--
``(A) improving teacher, school library media
specialist, and principal quality; and
``(B) increasing the number of highly qualified
teachers in the classroom, highly qualified school
library media specialists in the library, and highly
qualified principals and assistant principals in
schools; and''.
SEC. 203. STATE APPLICATIONS.
Section 2112(b) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6612(b)) is amended--
(1) in paragraph (4), by inserting ``, school library media
specialists,'' before ``and principals''; and
(2) in paragraph (10), by inserting ``, school library
media specialist,'' before ``and paraprofessional''.
SEC. 204. STATE USE OF FUNDS.
Section 2113(c) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6613(c)) is amended--
(1) in paragraph (4)--
(A) in the matter preceding subparagraph (A), by
inserting ``highly qualified school library media
specialists,'' before ``principals''; and
(B) in subparagraph (B), by inserting ``, highly
qualified school library media specialists,'' before
``and principals''; and
(2) in paragraph (6), by striking ``teachers and
principals'' each place the term appears and inserting
``teachers, school library media specialists, and principals''.
SEC. 205. LOCAL USES OF FUNDS.
Section 2123(a) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6623(a)) is amended by inserting after paragraph (8)
the following:
``(9)(A) Developing and implementing strategies to assist
in recruiting and retaining highly qualified school library
media specialists; and
``(B) providing appropriate professional development for
such specialists, particularly related to skills necessary to
assist students to improve the students' academic achievement,
including skills related to information literacy.''.
TITLE III--GENERAL PROVISIONS
SEC. 301. DEFINITIONS.
Section 9101(23) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801(23)) is amended--
(1) in subparagraph (B)(ii)(II), by striking ``and'' after
the semicolon;
(2) in subparagraph (C)(ii)(VII), by striking the period at
the end and inserting ``; and''; and
(3) by adding at the end the following:
``(D) when used with respect to a school library
media specialist employed in an elementary school or
secondary school in a State, means that the school
library media specialist--
``(i) holds at least a bachelor's degree;
``(ii) has obtained full State
certification as a school library media
specialist or passed the State teacher
licensing examination, with State certification
in library media, in such State, except that
when used with respect to any school library
media specialist teaching in a public charter
school, the term means that the school library
media specialist meets the requirements set
forth in the State's public charter school law;
and
``(iii) has not had certification or
licensure requirements waived on an emergency,
temporary, or provisional basis.''.
SEC. 302. CONFORMING AMENDMENTS.
(a) Table of Contents.--The table of contents in section 2 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 note) is
amended--
(1) by striking the item relating to section 1119 and
inserting the following:
``Sec. 1119. Qualifications for teachers, paraprofessionals, and school
library media specialists.'';
(2) by striking the item relating to title II and inserting
the following:
``TITLE II--PREPARING, TRAINING, AND RECRUITING HIGH QUALITY TEACHERS,
SCHOOL LIBRARY MEDIA SPECIALISTS, AND PRINCIPALS'';
and
(3) by striking the item relating to part A of title II and
inserting the following:
``Part A--Teacher, School Library Media Specialist, and Principal
Training and Recruiting Fund''. | Strengthening Kids' Interest in Learning and Libraries Act or the SKILLs Act - Amends title I of the Elementary and Secondary Education Act of 1965 to authorize appropriations for FY2008-FY2013 for the Improving Literacy through School Libraries grant program.
Requires states and local educational agencies (LEAs) that receive school improvement funds to ensure that by the beginning of the 2010-2011 school year there is at least one highly qualified school library media specialist in every school that receives such funds.
Requires Improving Literacy through School Libraries funds to be: (1) proportionally distributed to serve students in elementary, middle, and high schools; (2) used for media resources appropriate for all grades; and (3) used for professional development in information literacy instruction that is appropriate for all grades.
Expands the program of grants to states and subgrants to LEAs for the recruitment, retention, and professional development of teachers to require that highly qualified school library media specialists be included in the focus of such efforts. | {"src": "billsum_train", "title": "A bill to amend the provisions of the Elementary and Secondary Education Act of 1965 regarding school library media specialists, and for other purposes."} | 2,737 | 215 | 0.575544 | 1.501326 | 0.823791 | 3.315789 | 11.905263 | 0.863158 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reforestation Tax Act of 2003''.
SEC. 2. PARTIAL INFLATION ADJUSTMENT FOR TIMBER.
(a) In General.--Part I of subchapter P of chapter 1 of the
Internal Revenue Code of 1986 (relating to treatment of capital gains)
is amended by adding at the end the following new section:
``SEC. 1203. PARTIAL INFLATION ADJUSTMENT FOR TIMBER.
``(a) In General.--At the election of any taxpayer who has
qualified timber gain for any taxable year, there shall be allowed as a
deduction from gross income an amount equal to the qualified percentage
of such gain.
``(b) Qualified Timber Gain.--For purposes of this section, the
term `qualified timber gain' means long-term capital gain from the sale
or exchange of timber.
``(c) Qualified Percentage.--For purposes of this section, the term
`qualified percentage' means the percentage (not exceeding 50 percent)
determined by multiplying--
``(1) 3 percent, by
``(2) the number of years in the holding period of the
taxpayer with respect to the timber.
``(d) Estates and Trusts.--In the case of an estate or trust, the
deduction under subsection (a) shall be computed by excluding the
portion (if any) of the gains for the taxable year from sales or
exchanges of capital assets which, under sections 652 and 662 (relating
to inclusions of amounts in gross income of beneficiaries of trusts),
is includible by the income beneficiaries as gain derived from the sale
or exchange of capital assets.''.
(b) Coordination With Maximum Rates of Tax on Net Capital Gains.--
(1) Subsection (h)(3)(A) of section 1 of such Code
(relating to maximum capital gains rate) is amended by striking
``and'' at the end of clause (i), by striking ``plus'' at the
end of clause (ii) and inserting ``and'', and by adding at the
end the following new clause:
``(iii) qualified timber gain with respect
to which an election is in effect under section
1203, plus''.
(2) Subsection (a) of section 1201 of such Code (relating
to the alternative tax for corporations) is amended by
inserting at the end thereof the following new sentence:
``For purposes of this section, net capital gain shall be determined
without regard to qualified timber gain (as defined in section 1203)
with respect to which an election is in effect under section 1203.''.
(c) Allowance of Deduction in Computing Adjusted Gross Income.--
Subsection (a) of section 62 of such Code (relating to definition of
adjusted gross income) is amended by inserting after paragraph (18) the
following new paragraph:
``(19) Partial inflation adjustment for timber.--The
deduction allowed by section 1203.''.
(d) Technical Amendments.--
(1) Subparagraph (B) of section 172(d)(2) of such Code is
amended to read as follows:
``(B) the exclusion under section 1202 and the
deduction under section 1203 shall not be allowed.''.
(2) The last sentence of section 453A(c)(3) of such Code is
amended by striking ``(whichever is appropriate)'' and
inserting ``or the deduction under section 1203 (whichever is
appropriate)''.
(3) Section 641(c)(2)(C) of such Code is amended by
inserting after clause (iii) the following new clause:
``(iv) The deduction under section 1203.''.
(4) The first sentence of section 642(c)(4) of such Code is
amended to read as follows: ``To the extent that the amount
otherwise allowable as a deduction under this subsection
consists of gain described in section 1202(a) or qualified
timber gain (as defined in section 1203(b)), proper
adjustment shall be made for any exclusion allowable under section
1202, and any deduction allowable under section 1203, to the estate or
trust.''.
(5) The last sentence of section 643(a)(3) of such Code is
amended to read as follows: ``The exclusion under section 1202
and the deduction under section 1203 shall not be taken into
account.''.
(6) Subparagraph (C) of section 643(a)(6) of such Code is
amended by inserting ``(i)'' before ``there shall'' and by
inserting before the period ``, and (ii) the deduction under
section 1203 (relating to partial inflation adjustment for
timber) shall not be taken into account''.
(7) Paragraph (4) of section 691(c) of such Code is amended
by inserting ``1203,'' after ``1202,''.
(8) The second sentence of paragraph (2) of section 871(a)
of such Code is amended by striking ``section 1202'' and
inserting ``sections 1202 and 1203''.
(e) Clerical Amendment.--The table of sections for part I of
subchapter P of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1203. Partial inflation adjustment
for timber.''.
(f) Effective Date.--The amendments made by this section shall
apply to sales or exchanges after December 31, 2002.
SEC. 3. 100 PERCENT DEDUCTION FOR REFORESTATION EXPENDITURES TO REPLACE
AMORTIZATION.
(a) In General.--Part VI of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to itemized deductions for
individuals and corporations) is amended by adding at the end the
following new section:
``SEC. 199. REFORESTATION EXPENDITURES.
``(a) Allowance of Deduction.--In the case of any qualified timber
property with respect to which the taxpayer has made (in accordance
with regulations prescribed by the Secretary) an election under this
subsection, there shall be allowed as a deduction for the taxable year
an amount equal to the reforestation expenditures paid or incurred by
the taxpayer during such year with respect to such property.
``(b) Qualified Timber Property.--The term `qualified timber
property' means a woodlot or other site located in the United States
which will contain trees in significant commercial quantities and which
is held by the taxpayer for the planting, cultivating, caring for, and
cutting of trees for sale or use in the commercial production of timber
products.
``(c) Reforestation Expenditures.--
``(1) In general.--For purposes of this section, the term
`reforestation expenditures' means direct costs incurred in
connection with forestation or reforestation by planting or
artificial or natural seeding, including costs--
``(A) for the preparation of the site,
``(B) of seeds or seedlings, and
``(C) for labor and tools, including depreciation
of equipment such as tractors, trucks, tree planters,
and similar machines used in planting or seeding.
``(2) Cost-sharing programs.--Reforestation expenditures
shall not include any expenditures for which the taxpayer has
been reimbursed under any governmental reforestation cost-
sharing program unless the amounts reimbursed have been
included in the gross income of the taxpayer.
``(d) Life Tenant and Remainderman.--In the case of property held
by one person for life with remainder to another person, the deduction
under this section shall be computed as if the life tenant were the
absolute owner of the property and shall be allowed to the life
tenant.''.
(b) Termination of Amortization of Reforestation Expenditures.--
Section 194 of such Code (relating to amortization of reforestation
expenditures) is amended by adding at the end the following new
subsection:
``(e) Termination.--This section shall not apply to any amount paid
or incurred after the date of the enactment of this subsection.''.
(c) Clerical Amendment.--The table of sections for part VI of
subchapter B of chapter 1 of such Code is amended by inserting at the
end the following new item:
``Sec. 199. Reforestation
expenditures.''.
(d) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred after the date of the enactment of
this Act.
SEC. 4. APPLICATION OF PASSIVE ACTIVITY LOSS LIMITATIONS TO TIMBER
ACTIVITIES.
(a) In General.--Clauses (ii) and (iii) of Treasury Regulation
Sec. 1.469-5T(b)(2) shall not apply to any individual who is a member
of a closely held entity participating in a timber activity if the
nature of such activity is such that the aggregate hours devoted to
management of the activity for any year is customarily less than 100
hours.
(b) Definitions.--For purposes of subsection (a)--
(1) Timber activity.--The term ``timber activity'' means
the planting, cultivating, caring, cutting, or preparation
(other than milling) for market, of trees.
(2) Closely held entity.--An entity shall be treated as
closely held if at least 80 percent of the ownership interests
in the entity is held--
(A) by 5 or fewer individuals, or
(B) by individuals who are members of the same
family (within the meaning of section 2032A(e)(2) of
the Internal Revenue Code of 1986).
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2002. | Reforestation Tax Act of 2003 - Amends the Internal Revenue Code to allow a deduction to a taxpayer who has a qualified timber gain in an amount equal to the qualified percentage of such gain. Allows a deduction, for qualified timber property, for reforestation expenditures and terminates current provisions allowing for the amortization of such expenditures. Provides for the application of passive activity loss limitations to timber activity of an individual who is a member of a closely held entity if management of such activity is less than 100 hours annually. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to modify certain provisions relating to the treatment of forestry activities."} | 2,221 | 121 | 0.511595 | 1.303894 | 0.542102 | 3.302083 | 20 | 0.90625 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protect Women's Health From
Corporate Interference Act of 2014''.
SEC. 2. PURPOSE.
The purpose of this Act is to ensure that employers that provide
health benefits to their employees cannot deny any specific health
benefits, including contraception coverage, to any of their employees
or the covered dependents of such employees entitled by Federal law to
receive such coverage.
SEC. 3. FINDINGS.
Congress finds as follows:
(1) Access to the full range of health benefits and
preventive services, as guaranteed under Federal law or through
Federal regulations, provides all Americans with the
opportunity to lead healthier and more productive lives.
(2) Birth control is a critical health care service for
women. Ninety-nine percent of sexually active women use birth
control at least once in their lifetimes, and the Centers for
Disease Control and Prevention declared it one of the Ten Great
Public Health Achievements of the 20th Century. While the most
common reason women use contraception is to prevent pregnancy,
58 percent of oral contraceptive users cite noncontraceptive
health benefits as reasons for using the method. Fourteen
percent of birth control pill users, more than 1,500,000 women,
rely on birth control pills for noncontraceptive purposes only.
(3) In addition to providing health benefits for women,
access to birth control has been directly connected to women's
economic success and ability to participate in society equally.
Women with access to birth control are more likely to have
higher educational achievement and career achievement, and to
be paid higher wages.
(4) The independent, nonprofit Institute of Medicine
recommends, as part of its recommended preventive health
measures, that women's preventive health be covered by health
plans with no cost-sharing to promote optimal health of women.
The Institute of Medicine noted that the contraceptive methods
recommendation was one of the most important recommendations
for women.
(5) Affordability has long been a barrier to women being
able to use birth control and other preventive health services
effectively. A national survey of women who were currently
using some form of contraception found that one-third would
switch to a different method of contraception if they did not
have to worry about cost. Women citing cost concerns were twice
as likely as other women to rely on less effective methods of
contraception.
(6) Three separate studies have found that lack of health
coverage is significantly associated with reduced use of
prescription contraceptives.
(7) Cost-sharing requirements can dramatically reduce the
use of preventive health care measures, particularly among
lower-income women. Studies have shown that eliminating cost-
sharing for the most effective forms of contraception
(intrauterine devices, implants, and injectables) leads to
sizable increases in the use of these methods.
(8) The Patient Protection and Affordable Care Act (Public
Law 111-148) sought to remove the barrier to care by requiring
all new health plans to cover recommended preventive services
without cost-sharing, which include women's preventative
services. These services include all methods of contraception
and sterilization approved by the Food and Drug Administration
and related education and counseling, as prescribed by a health
care provider.
(9) The contraceptive coverage provision has been a success
in increasing access to this critical health service for women.
As of 2013, 47,000,000 women were covered by this requirement.
Women have saved $483,000,000 in out-of-pocket costs for oral
contraceptives with no copayments in 2013 compared to 2012.
(10) The Journal of the American Medical Association
reports that 7 out of 10 people in the United States support
coverage of contraception, with significantly higher support
among women, Hispanic Americans, and Black Americans.
(11) An estimated 76,000,000 people in the United States,
including 30,000,000 women, are newly eligible for expanded
preventive services coverage under the Patient Protection and
Affordable Care Act. A total of 48,500,000 women are estimated
to benefit from preventive services coverage without cost-
sharing.
(12) The most appropriate method of contraception varies
according to each individual woman's needs and medical history.
Women may have medical contraindications and thus not be able
to use certain types of contraceptive methods. It is therefore
vital that the full range of contraceptive methods approved by
the Food and Drug Administration be available in order to
ensure that each woman, in consultation with her medical
provider, can make appropriate decisions about her health care.
(13) Covering proven preventative services like
contraception lowers health care spending as it improves
health. The Federal Government experienced no increase in costs
at all after it began covering contraceptives for Federal
employees. A study by the National Business Group on Health
estimated that it costs employers 15 to 17 percent more to not
provide contraceptive coverage in employee health plans,
accounting for the employer's direct medical costs of pregnancy
and indirect costs related to employee absence and reduced
productivity.
(14) Dozens of cases have been filed in Federal court by
employers that want to take this benefit away from their
employees and the covered dependents of such employees.
(15) On June 30, 2014, the Supreme Court held, in Burwell
v. Hobby Lobby Stores, Inc. and Conestoga Wood Specialties
Corp. v. Burwell, that some for-profit corporations can take
away the birth control coverage guaranteed to their employees
and the covered dependents of such employees through their
group health plan.
(16) In a dissent in those cases, Justice Ruth Bader
Ginsburg states that in this ``decision of startling breadth .
. . the exemption sought by Hobby Lobby and Conestoga . . .
would deny legions of women who do not hold their employers'
beliefs access to contraceptive coverage that the ACA would
otherwise secure.'' Justice Ginsburg also notes that the
decision opens up the door to religiously grounded employer
objections to a whole host of health care services like ``blood
transfusions . . .. antidepressants . . . medications derived
from pigs, including anesthesia . . . and vaccinations.''.
(17) The Supreme Court's decision in those cases allows
employers, that otherwise provide coverage of preventive health
services, to deny their employees and the covered dependents of
such employees contraceptive coverage and to treat a critical
women's health service differently than other comparable
services. Legislation is needed to clarify that employers may
not discriminate against their employees and dependents.
(18) It is imperative that Congress act to reinstate
contraception coverage and to protect employees and the covered
dependents of such employees from other attempts to take away
coverage for other health benefits to which such employees and
dependents are entitled under Federal law.
SEC. 4. ENSURING COVERAGE OF SPECIFIC BENEFITS.
(a) In General.--An employer that establishes or maintains a group
health plan for its employees (and any covered dependents of such
employees) shall not deny coverage of a specific health care item or
service with respect to such employees (or dependents) where the
coverage of such item or service is required under any provision of
Federal law or the regulations promulgated thereunder. A group health
plan, as defined in section 733(a) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1191b(a)), sponsored by an employer,
employee organization, or both, and any health insurance coverage, as
defined in section 2791(b) of the Public Health Service Act (42 U.S.C.
300gg-91) is required to provide coverage required under the Public
Health Service Act, including section 2713 of such Act (42 U.S.C.
300gg-13), in addition to other applicable requirements.
(b) Application.--Subsection (a) shall apply notwithstanding any
other provision of Federal law, including Public Law 103-141.
(c) Regulations.--The regulations contained in sections 54.9815-
2713A of title 26, 2590.715-2713A of title 29, and 147.131 of title 45,
Code of Federal Regulations, shall apply with respect to this section.
The Departments of Labor, Health and Human Services, and the Treasury
may modify such regulations consistent with the purpose and findings of
this Act.
(d) Enforcement.--The provisions of this Act shall apply to plan
sponsors, group health plans, and health insurance issuers as if
enacted in the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1001 et seq.), the Public Health Service Act (42 U.S.C. 201 et
seq.), and the Internal Revenue Code of 1986. Any failure by a plan
sponsor, group health plan, or health insurance issuer to comply with
the provisions of this Act shall be subject to enforcement through part
5 of subtitle B of title I of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1131 et seq.), section 2723 of the Public Health
Service Act (42 U.S.C. 300gg-22), and section 4980D of the Internal
Revenue Code of 1986. | Protect Women's Health From Corporate Interference Act of 2014 - Affirms requirements, notwithstanding the Religious Freedom Restoration Act of 1993, that: (1) an employer that establishes or maintains a group health plan for its employees must provide coverage of a specific item or service for the employees or their dependents where the coverage is required under federal provisions or regulations pursuant to those provisions; and (2) group health plans sponsored by an employer or employee organization, and any health insurance coverage, must provide coverage required under the Public Health Service Act, including preventive health services. Authorizes the Departments of Labor, Health and Human Services (HHS), and the Treasury to modify regulations concerning coverage of contraceptive services by group health plans of religious employers consistent with the purposes and findings (regarding coverage of birth control services and the Supreme Court decisions in Burwell v. Hobby Lobby Stores, Inc. and Conestoga Wood Specialties Corp. v. Burwell) of this Act. | {"src": "billsum_train", "title": "Protect Women's Health From Corporate Interference Act of 2014"} | 1,957 | 211 | 0.483824 | 1.44219 | 0.710155 | 3.452514 | 10.083799 | 0.916201 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Charlotte Beach Land Claims
Settlement Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the Bay Mills Indian Community has a valid interest in
certain lands in the Charlotte Beach area of Chippewa County,
Michigan, that are located within the Community's traditional
homelands;
(2) The Sault Ste. Marie Tribe may have a valid interest in
certain lands in the Charlotte Beach area of Chippewa County,
Michigan, that are located within the Tribe's traditional
homelands;
(3) the Community filed a lawsuit against certain
landowners to ascertain ownership of lands that were once owned
and held in trust by the State of Michigan for the Community
but which were sold by the State without the consent of the
Tribes or the United States;
(4) the landowners now hold clouded title to such lands and
want to clear their title to the lands;
(5) the Community has agreed to relinquish its interests in
the Charlotte Beach Lands in return for its selection of
Alternative Lands that will be taken into trust by the
Secretary;
(6) the Sault Ste. Marie Tribe has agreed not to assert its
potential claim of interest in the Charlotte Beach Lands in
return for its selection of Alternative Lands that will be
taken into trust by the Secretary;
(7) it is in the best interests of the Tribes and legally
necessary for the landowners that the Congress provide for a
land settlement agreement by passage of this Act; and
(8) it is in the best interests of the Tribes that the
described Alternative Lands be taken into trust as part of the
settlement of the land claim.
(b) Purposes.--The purposes of this Act are--
(1) to settle the land claims of the Tribes against the
landowners; and
(2) to direct the Secretary to take into trust for the
benefit of the Tribes the Alternative Lands in settlement of
the Tribes' land claims.
SEC. 3. DEFINITIONS.
For purposes of this Act, the following definitions apply:
(1) Alternative lands.--The term ``Alternative Lands''
means the following:
(A) The lands chosen and acquired by the Community
for transfer to the United States to be held in trust
for the Community as part of the settlement of the
claims of the Community to the Charlotte Beach Lands.
These Alternative Lands, comprising 21.55 acres, more
or less, are located in Vanderbilt, Michigan, and are
more particularly described in the Community's March
1999 Trust and Reservation Acquisition Request
submitted to the Minneapolis Office of the Bureau of
Indian Affairs.
(B) The lands chosen and acquired by the Sault
Tribe for transfer to the United States in trust for
the Sault Tribe as a part of the settlement of the
potential claims of the Sault Tribe to the Charlotte
Beach Lands.
(2) Charlotte beach lands.--The term ``Charlotte Beach
Lands'' means those lands in the Charlotte Beach area of
Michigan and described as follows: Government Lots 1, 2, 3, and
4 of section 7, T45N, R2E, and Lot 1 of section 18, T45N, R2E,
Chippewa County, State of Michigan.
(3) Community.--The term ``Community'' means the Bay Mills
Indian Community, a federally recognized Indian tribe.
(4) Sault tribe.--The term ``Sault Tribe'' means the Sault
Ste. Marie Tribe of Chippewa Indians, a federally recognized
Indian tribe.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) Tribes.--The term ``Tribes'' means the Community and
the Sault Tribe.
SEC. 4. ACCEPTANCE OF ALTERNATIVE LANDS.
(a) By the Community.--Upon relinquishment by the Community of any
and all claims to the Charlotte Beach Lands and dismissal with
prejudice of Bay Mills Indian Community v. Western Life Assurance
Company et al., Case No. 2:96-CV-275, United States District Court for
the Western District of Michigan-Northern Division and Bay Mills Indian
Community v. State of Michigan et al., Michigan Court of Claims, File
No. 96-16482-CM--
(1) the Secretary shall take the Alternative Lands
described in section 3(1)(A) into trust for the benefit of the
Community as part of the settlement of the Community's claims
to the Charlotte Beach Lands; and
(2) the Alternative Lands described in section 3(1)(A)
shall become part of the Community's reservation.
(b) By the Sault Tribe.--The Secretary shall take the Alternative
Lands described in section 3(1)(B) into trust for the benefit of the
Sault Tribe as settlement of the Sault Tribe's claims to the Charlotte
Beach Lands. Upon the taking of the Alternative Lands into trust, any
and all potential claims of the Sault Tribe in and to the Charlotte
Beach Lands shall be relinquished and extinguished thereby, and the
lands taken into trust shall become part of the Sault Tribe's
reservation.
(c) Settlement of Land Claims.--The Alternative Lands are taken
into trust as provided in this section as part of the settlement of
land claims of the Tribes within the meaning of section 20(b)(1)(B)(i)
of Public Law 100-497.
SEC. 5. EXTINGUISHMENT OF TITLE AND CLAIMS.
(a) Approval and Ratification of Prior Transfers.--Any transfer,
before the date of the enactment of this Act, of land or natural
resources located within the boundaries of the Charlotte Beach Lands
from, by, or on behalf of any Indian, Indian nation, or tribe or band
of Indians (including the 2 bands of the Sault Ste. Marie Ottawa and
Chippewa Indians of Michigan of which O-shaw-wan-no and Sha-wan were
chiefs) or any member thereof, shall be deemed to have been made in
accordance with the Constitution and all laws of the United States,
including without limitation, the Trade and Intercourse Act of 1790,
Act of July 22, 1790 (ch. 33, sec. 4; 1 Stat. 137), and Congress hereby
does approve and ratify such transfers effective as of the date of such
transfers.
(b) Aboriginal Title Extinguished.--
(1) In general.--Except as provided by paragraph (2), any
aboriginal title held by any Indian, Indian nation, or tribe or
band of Indians (including the 2 bands of the Sault Ste. Marie
Ottawa and Chippewa Indians of Michigan of which O-shaw-wan-no
and Sha-wan were chiefs and their members) to any land or
natural resources, the transfer of which was approved and
ratified by subsection (a), shall be regarded as extinguished
as of the date of such transfer.
(2) The tribes.--To the extent that the Charlotte Beach
Lands involve land or natural resources to which the Tribes had
aboriginal title, relinquishment by the Tribes under section 4
shall be regarded as an extinguishment of such aboriginal
title.
(c) Extinguishment of Claims.--
(1) In general.--Except as provided by paragraph (2), any
claim (including any claim for damages for trespass, use, or
occupancy) by, or on behalf of, any member of any Indian,
Indian nation, or tribe or band of Indians (including the 2
bands of the Sault Ste. Marie Ottawa and Chippewa Indians of
Michigan of which O-shaw-wan-no and Sha-wan were chiefs) or any
member thereof against the United States, any State or
subdivision thereof or any other person which is based on--
(A) any interest in or right involving any land or
natural resources of which was approved and ratified by
subsection (a), or
(B) any aboriginal title to land or natural
resources the extinguishment of which was effected by
subsection (b),
shall be regarded as extinguished as of the date of any such transfer.
(2) The tribes.--All claims of the Tribes against the
United States, the State of Michigan, or any other person or
entity based on claims to the Charlotte Beach Lands (including
without limitation, claims for trespass damages, use, or
occupancy) shall be deemed to have been extinguished as of the
date of relinquishment by the Tribes under section 4. | Directs the Secretary to take certain other Michigan lands into trust for the benefit of the Sault Ste. Marie Tribe of Chippewa Indians of Michigan as settlement of that Tribe's claims to the Charlotte Beach Lands.
Extinguishes all claims of the Community and Sault Ste. Marie Tribe for Charlotte Beach Lands upon the transfer of the Alternative Lands. | {"src": "billsum_train", "title": "Charlotte Beach Land Claims Settlement Act"} | 1,926 | 84 | 0.654066 | 1.983667 | 0.853682 | 3.34375 | 26.390625 | 0.96875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``First Amendment Defense Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Leading legal scholars concur that conflicts between
same-sex marriage and religious liberty are real and should be
legislatively addressed.
(2) As the President stated in response to the decision of
the Supreme Court on the Defense of Marriage Act in 2013,
``Americans hold a wide range of views'' on the issue of same-
sex marriage, and ``maintaining our Nation's commitment to
religious freedom'' is ``vital''.
(3) Nevertheless, in 2015, when asked whether a religious
school could lose its tax-exempt status for opposing same-sex
marriage, the Solicitor General of the United States
represented to the United States Supreme Court that ``[i]t's
certainly going to be an issue''.
(4) Protecting religious freedom from Government intrusion
is a Government interest of the highest order. Legislatively
enacted measures advance this interest by remedying, deterring,
and preventing Government interference with religious exercise
in a way that complements the protections mandated by the First
Amendment to the Constitution of the United States.
(5) Laws that protect the free exercise of religious
beliefs and moral convictions about marriage will encourage
private citizens and institutions to demonstrate tolerance for
those beliefs and convictions and therefore contribute to a
more respectful, diverse, and peaceful society.
SEC. 3. PROTECTION OF THE FREE EXERCISE OF RELIGIOUS BELIEFS AND MORAL
CONVICTIONS.
(a) In General.--Notwithstanding any other provision of law, the
Federal Government shall not take any discriminatory action against a
person, wholly or partially on the basis that such person believes or
acts in accordance with a religious belief or moral conviction that
marriage is or should be recognized as the union of one man and one
woman, or that sexual relations are properly reserved to such a
marriage.
(b) Discriminatory Action Defined.--As used in subsection (a), a
discriminatory action means any action taken by the Federal Government
to--
(1) alter in any way the Federal tax treatment of, or cause
any tax, penalty, or payment to be assessed against, or deny,
delay, or revoke an exemption from taxation under section
501(a) of the Internal Revenue Code of 1986 of, any person
referred to in subsection (a);
(2) disallow a deduction for Federal tax purposes of any
charitable contribution made to or by such person;
(3) withhold, reduce, exclude, terminate, or otherwise deny
any Federal grant, contract, subcontract, cooperative
agreement, loan, license, certification, accreditation,
employment, or other similar position or status from or to such
person;
(4) withhold, reduce, exclude, terminate, or otherwise deny
any benefit under a Federal benefit program from or to such
person; or
(5) otherwise discriminate against such person.
(c) Accreditation; Licensure; Certification.--The Federal
Government shall consider accredited, licensed, or certified for
purposes of Federal law any person that would be accredited, licensed,
or certified, respectively, for such purposes but for a determination
against such person wholly or partially on the basis that the person
believes or acts in accordance with a religious belief or moral
conviction that marriage is or should be recognized as the union of one
man and one woman, or that sexual relations are properly reserved to
such a marriage.
SEC. 4. JUDICIAL RELIEF.
(a) Cause of Action.--A person may assert an actual or threatened
violation of this Act as a claim or defense in a judicial or
administrative proceeding and obtain compensatory damages, injunctive
relief, declaratory relief, or any other appropriate relief against the
Federal Government. Standing to assert a claim or defense under this
section shall be governed by the general rules of standing under
Article III of the Constitution.
(b) Administrative Remedies Not Required.--Notwithstanding any
other provision of law, an action under this section may be commenced,
and relief may be granted, in a United States district court without
regard to whether the person commencing the action has sought or
exhausted available administrative remedies.
(c) Attorneys' Fees.--Section 722(b) of the Revised Statutes (42
U.S.C. 1988(b)) is amended by inserting ``the First Amendment Defense
Act,'' after ``the Religious Land Use and Institutionalized Persons Act
of 2000,''.
(d) Authority of United States To Enforce This Act.--The Attorney
General may bring an action for injunctive or declaratory relief
against an independent establishment described in section 104(1) of
title 5, United States Code, or an officer or employee of that
independent establishment, to enforce compliance with this Act. Nothing
in this subsection shall be construed to deny, impair, or otherwise
affect any right or authority of the Attorney General, the United
States, or any agency, officer, or employee of the United States,
acting under any law other than this subsection, to institute or
intervene in any proceeding.
SEC. 5. RULES OF CONSTRUCTION.
(a) Broad Construction.--This Act shall be construed in favor of a
broad protection of free exercise of religious beliefs and moral
convictions, to the maximum extent permitted by the terms of this Act
and the Constitution.
(b) No Preemption, Repeal, or Narrow Construction.--Nothing in this
Act shall be construed to preempt State law, or repeal Federal law,
that is equally or more protective of free exercise of religious
beliefs and moral convictions. Nothing in this Act shall be construed
to narrow the meaning or application of any State or Federal law
protecting free exercise of religious beliefs and moral convictions.
Nothing in this Act shall be construed to prevent the Federal
Government from providing, either directly or through a person not
seeking protection under this Act, any benefit or service authorized
under Federal law.
(c) Severability.--If any provision of this Act or any application
of such provision to any person or circumstance is held to be
unconstitutional, the remainder of this Act and the application of the
provision to any other person or circumstance shall not be affected.
SEC. 6. DEFINITIONS.
In this Act:
(1) Federal benefit program.--The term ``Federal benefit
program'' has the meaning given that term in section 552a of
title 5, United States Code.
(2) Federal government.--The term ``Federal Government''
includes each authority of any branch of the Government of the
United States.
(3) Person.--The term ``person'' means a person as defined
in section 1 of title 1, United States Code, and includes any
such person regardless of religious affiliation or lack
thereof, and regardless of for-profit or nonprofit status. | First Amendment Defense Act Prohibits the federal government from taking discriminatory action against a person on the basis that such person believes or acts in accordance with a religious belief or moral conviction that: (1) marriage is or should be recognized as the union of one man and one woman, or (2) sexual relations are properly reserved to such a marriage. Defines "discriminatory action" as any federal government action to discriminate against a person with such beliefs or convictions, including a federal government action to: alter the federal tax treatment of, cause any tax, penalty, or payment to be assessed against, or deny, delay, or revoke certain tax exemptions of any such person; disallow a deduction of any charitable contribution made to or by such person; withhold, reduce, exclude, terminate, or otherwise deny any federal grant, contract, subcontract, cooperative agreement, loan, license, certification, accreditation, employment, or similar position or status from or to such person; or withhold, reduce, exclude, terminate, or otherwise deny any benefit under a federal benefit program. Requires the federal government to consider to be accredited, licensed, or certified for purposes of federal law any person who would be accredited, licensed, or certified for such purposes but for a determination that the person believes or acts in accordance with such a religious belief or moral conviction. Permits a person to assert an actual or threatened violation of this Act as a claim or defense in a judicial or administrative proceeding and to obtain compensatory damages or other appropriate relief against the federal government. Authorizes the Attorney General to bring an action to enforce this Act against the Government Accountability Office or an establishment in the executive branch, other than the U.S. Postal Service or the Postal Regulatory Commission, that is not an executive department, military department, or government corporation. Defines "person" as any person regardless of religious affiliation, including corporations and other entities regardless of for-profit or nonprofit status. | {"src": "billsum_train", "title": "First Amendment Defense Act"} | 1,511 | 427 | 0.554778 | 1.978235 | 0.886394 | 5.640625 | 3.611979 | 0.901042 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Livestock Industry
Fairness and Enhancement Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Mandatory livestock market reporting.
Sec. 3. Collection, collation, and reporting of data and statistics
related to production of swine, pork, and
pork products.
Sec. 4. Report on jurisdiction, duties, and authorities of Secretary of
Agriculture regarding packers, livestock,
and livestock products.
Sec. 5. Retail price report of representative meat products.
Sec. 6. Regulations.
SEC. 2. MANDATORY LIVESTOCK MARKET REPORTING.
(a) Reporting Required.--The Agricultural Marketing Act of 1946 is
amended by inserting after section 203 (7 U.S.C. 1622) the following
new section:
``SEC. 203A. MANDATORY LIVESTOCK MARKET REPORTING.
``(a) Definitions.--In this section:
``(1) Livestock.--The term `livestock' means cattle, sheep,
and swine, whether live or dead.
``(2) Livestock product.--The term `livestock product'
means any product or byproduct produced or processed in whole
or in part from livestock, including boxed beef, boxed lamb,
and any value-added product derived from pork.
``(3) Packer.--Subject to subsection (b)(1), the term
`packer' means any person engaged in the business of--
``(A) buying livestock in commerce for purposes of
slaughter;
``(B) manufacturing or preparing livestock products
for sale or shipment in commerce; or
``(C) marketing livestock products in an
unmanufactured form acting as a wholesale broker,
dealer, or distributor in commerce.
``(4) Prices, volume, and terms of sale.--The term `prices,
volume, and terms of sale' includes base price, premium and
discount price factors, formula-based pricing systems, quality
characteristics (including percent lean and carcass weight),
and any current or future contract offered by a packer.
``(5) Secretary.--The term `Secretary' means the Secretary
of Agriculture.
``(b) Mandatory Reporting Required.--
``(1) Packers subject to requirement.--This subsection
applies only to a packer that the Secretary estimates is
engaged in the business of buying, manufacturing, preparing, or
marketing more than five percent (by daily volume) of--
``(A) all cattle, all sheep, or all swine that are
bought, prepared, or marketed in the United States;
``(B) all livestock products that are bought,
manufactured, prepared, or marketed in the United
States; or
``(C) any combination of subparagraphs (A) and (B).
``(2) Required information.--The Secretary shall require
each packer described in paragraph (1) to report to the
Secretary, in such manner as the Secretary shall require, such
information relating to prices, volume, and terms of sale for
the procurement of domestic and imported livestock and
livestock products as the Secretary determines is appropriate.
``(3) Administration.--In carrying out paragraph (2), the
Secretary shall require packers described in paragraph (1)--
``(A) to separately report domestic and imported
livestock and livestock products; and
``(B) to report the information required under
paragraph (2) by the next business day, as defined by
the Secretary.
``(4) Noncompliance.--It shall be unlawful for any packer
described in paragraph (1) to knowingly fail or refuse to
provide to the Secretary information required under paragraph
(2).
``(5) Verification.--The Secretary may take such actions as
are necessary to verify the accuracy of the information
required under paragraph (2), regardless of the source of the
information.
``(6) Cease and desist and civil penalty.--
``(A) In general.--If the Secretary has reason to
believe that a packer described in paragraph (1) is
violating this subsection (or a regulation issued under
this subsection), the Secretary may issue an order to
cease and desist from continuing the violation and
assess a civil penalty of not more than $10,000 for
each violation. The order shall be issued only after
notice and an opportunity for hearing is provided to
the packer.
``(B) Factors.--In determining the amount of a
civil penalty to be assessed under subparagraph (A),
the Secretary shall consider the gravity of the
offense, the size of the business involved, and the
effect of the penalty on the ability of the packer to
continue in business.
``(7) Referral to attorney general.--If, after expiration
of the period for appeal or after the affirmance of a civil
penalty assessed under paragraph (6), the packer against whom
the civil penalty is assessed fails to pay the civil penalty,
the Secretary may refer the matter to the Attorney General, who
may recover the amount of the civil penalty in a civil action
in United States district court.
``(c) Voluntary Reporting.--The Secretary shall encourage voluntary
reporting by packers that are not subjected to a mandatory reporting
requirement under subsection (b).
``(d) Availability of Information.--
``(1) Timely availability.--The Secretary shall make
information received under this section available to the public
in a timely manner to permit the use of the information while
it is still relevant.
``(2) Limitations.--The disclosure of information under
paragraph (1) may be made only in a form that ensures the
following:
``(A) The identity of the parties involved in any
transaction described in a report is not disclosed.
``(B) The identity of the packer submitting a
report is not disclosed.
``(C) The confidentiality of proprietary business
information is otherwise protected.
``(e) Effect on Other Laws.--Nothing in this section restricts or
modifies the authority of the Secretary to collect voluntary reports in
accordance with other provisions of law.
``(f) Termination of Mandatory Requirement.--The reporting
requirement established by subsection (b) shall expire at the end of
the three-year period beginning on the date of the enactment of this
section.''.
(b) Repeal of Pilot Price Reporting Investigation.--Section 416 of
the Packers and Stockyards Act, 1921 (7 U.S.C. 229a), as added by
section 1127(a) of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 1999 (as
contained in section 101(a) of division A of Public Law 105-277), is
repealed.
SEC. 3. COLLECTION, COLLATION, AND REPORTING OF DATA AND STATISTICS
RELATED TO PRODUCTION OF SWINE, PORK, AND PORK PRODUCTS.
The Agricultural Marketing Act of 1946 is amended by inserting
after section 203A (as added by section 2 of this Act) the following
new section:
``SEC. 203B. SPECIAL REPORTING AND MEASUREMENT REQUIREMENTS REGARDING
SWINE.
``(a) Definitions.--In this section:
``(1) Packer.--The term `packer' has the meaning given the
term in section 203A(a).
``(2) Swine.--The term `swine' means the porcine animal
raised for feeder pigs, seedstock, or slaughter.
``(3) Barrow.--The term `barrow' means a neutered male
swine.
``(4) Gilt.--The term `gilt' means a young female swine,
one that has not produced a litter.
``(5) Secretary.--The term `Secretary' means the Secretary
of Agriculture.
``(b) Swine Inventory Report Improvement.--
``(1) New reporting requirement.--As soon as practicable
after the date of the enactment of this section, the Secretary
of Agriculture shall implement a reporting procedure that
results in a monthly report of the inventory of swine located
on farms and other confinement or production areas, in the 17
leading pork producing States in the United States. The
reporting procedure shall include in a separate category the
number of bred female swine that are assumed, or have been
confirmed, as pregnant during the reporting period.
``(2) Effect on existing report.--The Secretary shall
continue to maintain and publish the current quarterly report
known as the ``Hogs and Pigs Inventory Report'' for a period of not
less than eight quarters after the inception of the monthly report
initiated under paragraph (1).
``(3) Availability of report.--The monthly report referred
to in paragraph (1) shall be made available to swine producers,
packers, market analysts and researchers, and such other
persons and entities as the Secretary determines to be in the
public interest. The quarterly report continued as provided in
paragraph (2) shall be designed to be provided to those same
persons or entities intended to receive the monthly report so
as to provide them with a data overlap period until the monthly
report is fully functional.
``(c) Carcass Measurement and Value Pricing.--
``(1) Lean content measurements.--As soon as practicable
after the date of the enactment of this section, the Secretary
shall conduct a study and survey and issue regulations
requiring packers to implement a program to measure the lean
content (containing little or no fat) of swine carcasses using
trained and impartial personnel. In issuing the regulation, the
Secretary shall provide for the administration of the program
and inspection of such packer operations by personnel of the
Grain Inspection, Packers and Stockyards Administration.
``(2) Implementation report.--Not later than six months
after the date of the enactment of this section, the Secretary
shall submit to Congress a report setting forth the actions
taken to implement this subsection. The report shall set forth
the numbers and names of packers who have initiated such a
measurement program on a voluntary basis, the percentage of the
packing industry that has initiated such voluntary programs,
the date such voluntary programs were initiated, the estimated
cost to packers to implement a voluntary program, the estimated
cost to be incurred by packers to implement the mandatory
program required by paragraph (1), and other benefits that may
accrue from the program.
``(3) Inspection of equipment.--This paragraph applies to a
packer that slaughters more than five percent (by daily volume)
of all swine that are bought, prepared, or marketed in the
United States. All equipment used by such a packer in the
measurement and determination of the value of swine shall be
subject to inspection by personnel of the Grain Inspection,
Packers and Stockyards Administration designated by the
Secretary. All formulas and pricing procedures used to
determine the value of swine by such a packer may be obtained
by the Secretary who shall ensure its publication as determined
by the Secretary.
``(d) Barrow and Gilt Slaughter.--The Secretary shall promptly
obtain, either through a valid reporting procedure for a packer
described in subsection (c)(3) or other valid statistical sampling
procedure at packing plants as determined by the Secretary, data on the
division of the total market slaughter of swine that reflects
differences in numbers between barrows and gilts. Such information
shall be made available to swine producers in a report published by the
Secretary.''.
SEC. 4. REPORT ON JURISDICTION, DUTIES, AND AUTHORITIES OF SECRETARY OF
AGRICULTURE REGARDING PACKERS, LIVESTOCK, AND LIVESTOCK
PRODUCTS.
(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Agriculture shall submit to
Congress a report describing the jurisdiction, power, duties, and
authorities of the Secretary over packers, livestock, livestock
products, and interstate commerce in livestock and livestock products
under the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.),
the Packers and Stockyards Act, 1921 (7 U.S.C. 181 et seq.), and all
other related laws, such as sections 6, 8, 9, and 10 of the Federal
Trade Commission Act (as referred to in section 402 of the Packers and
Stockyards Act, 1921 (7 U.S.C. 222)).
(b) Content.--With respect to such jurisdiction, power, duties, and
authorities, the report shall address the following:
(1) The burdens on, and obstructions to, interstate
commerce in livestock and livestock products by packers and
other persons who enter into arrangements with packers that are
contrary to, or do not protect, the public interest.
(2) Non-competitive pricing arrangements between or among
packers, or other persons involved in the processing,
distribution, or sale of livestock or livestock products to
consumers, including those provided for in contracts for the
purchase of livestock.
(3) Measures to provide transparency to, and effective
monitoring of, contracts entered into between packers and
livestock producers.
(4) Investigations that relate to, and affect the
disclosure of, transactions involved in the business of packers
involved in the ownership of such businesses, the pricing of
livestock to producers, and the pricing of livestock products
in the entire merchandising chain.
(5) Cooperation and enhancement by the Secretary with the
enforcement of actions initiated by other Federal agencies to
protect trade and commerce in the livestock and livestock
product industries against unlawful restraints and monopolies.
(c) Definitions.--In this section, the terms ``packer'',
``livestock'', and ``livestock products'' have the meaning given such
terms in section 203A of the Agricultural Marketing Act of 1946, as
added by section 2 of this Act.
SEC. 5. REPORT ON THE ABILITY OF THE SECRETARY OF AGRICULTURE TO
PROVIDE RELIABLE PERIODIC RETAIL PRICE REPORTS.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Agriculture shall submit to Congress a report
describing the ability of the Department of Agriculture to provide
reliable periodic reports of the retail prices of representative meat
products. The report shall include at least the following:
(1) Existing private and public retail price reporting
services.
(2) Existing authorities to use, interpret, and publish
data from such services, and any additional authorities
necessary to improve the use, interpretation, and publication
of such data.
(3) Opportunities to cooperate with other Federal and State
agencies.
SEC. 6. REGULATIONS.
(a) Issuance of Regulations.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Agriculture shall
issue such regulations as the Secretary considers necessary to
implement the amendments made by this Act. The Secretary shall issue
the regulations without regard to the following:
(1) The notice and comment provisions of section 553 of
title 5, United States Code.
(2) The Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to
notices of proposed rulemaking and public participation in
rulemaking.
(3) Chapter 35 of title 44, United States Code (commonly
known as the Paperwork Reduction Act).
(b) Congressional Review of Agency Rulemaking.--In issuing
regulations under subsection (a), the Secretary of Agriculture shall
use the authority provided under section 808(2) of title 5, United
States Code. | Livestock Industry Fairness and Enhancement Act - Amends the Agricultural Marketing Act of 1946 to establish a temporary mandatory livestock reporting program for certain packers regarding livestock and livestock product prices, volume, and terms of sale.
Amends the Packers and Stockyards Act, 1921, as amended by the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999 (as contained in P.L. 105-277) to repeal the pilot price reporting investigation.
(Sec. 3) Amends the Agricultural Marketing Act of 1946 to provide for a monthly collection and reporting of specified data and statistics regarding swine, pork, and pork product production.
(Sec. 4) Directs the Secretary of Agriculture to report on the Secretary's: (1) jurisdiction, duties, and authorities regarding packers, livestock, and livestock products; and (2) ability to provide reliable periodic retail price reports. | {"src": "billsum_train", "title": "Livestock Industry Fairness and Enhancement Act"} | 3,474 | 202 | 0.634489 | 1.675717 | 0.722627 | 4.387283 | 18.16185 | 0.930636 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Youth Access to Sexual Health
Services Act of 2016''.
SEC. 2. AUTHORIZATION OF GRANTS TO SUPPORT THE ACCESS OF MARGINALIZED
YOUTH TO SEXUAL HEALTH SERVICES.
(a) Grants.--The Secretary may award grants on a competitive basis
to eligible entities to support the access of marginalized youth to
sexual health services.
(b) Use of Funds.--An eligible entity that is awarded a grant under
subsection (a) may use the funds to--
(1) provide medically accurate and age appropriate sexual
health information to marginalized youth, including information
on how to access sexual health services;
(2) promote effective communication regarding sexual health
among marginalized youth;
(3) promote and support better health, education, and
economic opportunities for school-age parents; and
(4) train individuals who work with marginalized youth to
promote--
(A) the prevention of unintended pregnancy;
(B) the prevention of sexually transmitted
infections;
(C) healthy relationships; and
(D) the development of safe and supportive
environments.
(c) Application.--To be awarded a grant under subsection (a), an
eligible entity shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may require.
(d) Priority.--In awarding grants under subsection (a), the
Secretary shall give priority to eligible entities--
(1) with a history of supporting the access of marginalized
youth to sexuality education or sexual health services; and
(2) that plan to serve marginalized youth that are not
served by Federal teen pregnancy prevention programs.
(e) Requirements.--The Secretary may not award a grant under
subsection (a) to an eligible entity unless--
(1) such eligible entity has formed a partnership with a
community organization; and
(2) such eligible entity agrees--
(A) to employ a scientifically effective strategy;
(B) that all information provided to marginalized
youth will be--
(i) age-appropriate;
(ii) medically accurate;
(iii) scientifically based; and
(iv) provided in the language and cultural
context that is most appropriate for the
individuals served by the eligible entity; and
(C) that for each year the eligible entity receives
grant funds under subsection (a), the eligible entity
shall submit to the Secretary an annual report that
includes--
(i) the use of grant funds by the eligible
entity;
(ii) how the use of grant funds has
increased the access of marginalized youth to
sexual health services; and
(iii) such other information as the
Secretary may require.
(f) Publication and Evaluations.--
(1) Evaluations.--Not less than once every 2 years after
the date of the enactment of this Act, the Secretary shall
evaluate the effectiveness of whichever of the following is
greater:
(A) Eight grants awarded under subsection (a).
(B) Ten percent of the grants awarded under
subsection (a).
(2) Publication.--The Secretary shall make available to the
public--
(A) the evaluations required under paragraph (1);
and
(B) the reports required under subsection
(e)(2)(C).
(g) Limitations.--No funds made available to an eligible entity
under this section may be used by such entity to provide access to
sexual health services that--
(1) withhold sexual health-promoting or life-saving
information;
(2) are medically inaccurate or have been scientifically
shown to be ineffective;
(3) promote gender stereotypes;
(4) are insensitive or unresponsive to the needs of
lesbian, gay, bisexual, transgender, queer or questioning
youth, sexually active youth, or school-age parents;
(5) are insensitive or unresponsive to the needs of
survivors of sexual abuse or assault; or
(6) are inconsistent with the ethical imperatives of
medicine and public health.
(h) Definitions.--In this section:
(1) Community organization.--The term ``community
organization'' includes a State or local health or education
agency, public school, youth-focused organization that is
faith-based and community-based, juvenile justice entity, or
other organization that provides confidential and appropriate
sexuality education or sexual health services to marginalized
youth.
(2) Eligible entity.--The term ``eligible entity'' includes
a State or local health or education agency, public school,
nonprofit organization, hospital, or an Indian tribe or tribal
organization (as such terms are defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b)).
(3) Marginalized youth.--The term ``marginalized youth''
means a person under the age of 26 that is disadvantaged by
underlying structural barriers and social inequity.
(4) Medically accurate.--The term ``medically accurate'',
with respect to information, means information that is
supported by research and recognized as accurate and objective
by leading medical, psychological, psychiatric, or public
health organizations and agencies.
(5) Scientifically effective strategy.--The term
``scientifically effective strategy'' means a strategy that--
(A) is widely recognized by leading medical and
public health agencies as effective in promoting sexual
health awareness and healthy behavior; and
(B) either--
(i) has been demonstrated to be effective
on the basis of rigorous scientific research;
or
(ii) incorporates characteristics of
effective programs.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(7) Sexual health services.--The term ``sexual health
services'' includes--
(A) sexual health education;
(B) contraception;
(C) emergency contraception;
(D) condoms and other barrier methods to prevent
pregnancy or sexually transmitted infections;
(E) routine gynecological care, including HPV
vaccines and cancer screenings;
(F) pre-exposure prophylaxis or post-exposure
prophylaxis;
(G) mental health services;
(H) sexual assault survivor services; and
(I) other preventative treatment or care.
(i) Appropriation.--
(1) Grants.--Of the amounts appropriated for fiscal year
2017 under section 510(d) of the Social Security Act (42 U.S.C.
710(d)), the unobligated balance of such amounts shall be made
available to carry out this section for such fiscal year. For
purposes of the previous sentence, the unobligated balance of
such amounts shall be determined by the Director of the Office
of Management and Budget, in consultation with the Secretary.
(2) Limitation.--Of the amount made available under
paragraph (1) for fiscal year 2017, the Secretary may reserve
not more than 10 percent to conduct evaluations under
subsection (f) for such year. | Youth Access to Sexual Health Services Act of 2016 This bill authorizes the Department of Health and Human Services to award grants to support the access of marginalized youth to sexual health services such as sexual health education and contraception. Marginalized youth are disadvantaged individuals under the age of 26. Grants may be awarded to state or local health or education agencies, public schools, nonprofit organizations, hospitals, Indian tribes, and tribal organizations. Grants may be used to: (1) provide sexual health information to marginalized youth, (2) promote effective communication regarding sexual health among marginalized youth, (3) promote and support opportunities for school-age parents, and (3) train individuals who work with marginalized youth to promote sexual health and the development of safe and supportive environments. Grants may not be used to provide access to health services that: (1) are medically unsound; (2) withhold sexual health-promoting or lifesaving information; (3) promote gender stereotypes; or (4) are insensitive or unresponsive to the needs of homosexual, bisexual, or transgender youth, sexually active youth, school-age parents, or survivors of sexual abuse or assault. Unobligated FY2017 appropriations for abstinence education are made available for these grants. | {"src": "billsum_train", "title": "Youth Access to Sexual Health Services Act of 2016"} | 1,508 | 254 | 0.644214 | 1.867021 | 0.816524 | 4.139831 | 5.923729 | 0.944915 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Farm Safety Net Improvement Act of
2007''.
SEC. 2. REVENUE COUNTER-CYCLICAL PROGRAM.
Section 1104 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 7914) is amended to read as follows:
``SEC. 1104. REVENUE COUNTER-CYCLICAL PROGRAM.
``(a) In General.--For each of the 2008 through 2012 crop years for
each covered commodity, the Secretary shall make revenue counter-
cyclical payments available to producers on a farm in a State for a
crop year for a covered commodity if--
``(1) the actual State revenue from the crop year for the
covered commodity in the State determined under subsection (b);
is less than
``(2) the revenue counter-cyclical program guarantee for
the crop year for the covered commodity in the State determined
under subsection (c).
``(b) Actual State Revenue.--
``(1) In general.--For purposes of subsection (a)(1), the
amount of the actual State revenue for a crop year of a covered
commodity shall equal the product obtained by multiplying--
``(A) the actual State yield for each planted acre
for the crop year for the covered commodity determined
under paragraph (2); and
``(B) the revenue counter-cyclical program harvest
price for the crop year for the covered commodity
determined under paragraph (3).
``(2) Actual state yield.--For purposes of paragraph (1)(A)
and subsection (c)(1)(A), the actual State yield for each
planted acre for a crop year for a covered commodity in a State
shall equal--
``(A) the quantity of the covered commodity that is
produced in the State, and reported to the Secretary,
during the crop year; divided by
``(B) the number of acres that are planted or
considered planted to the covered commodity in the
State, and reported to the Secretary, during the crop
year.
``(3) Revenue counter-cyclical program harvest price.--For
purposes of paragraph (1)(B), the revenue counter-cyclical
program harvest price for a crop year for a covered commodity
shall equal the harvest price that is used to calculate revenue
under revenue coverage plans that are offered for the crop year
for the covered commodity under the Federal Crop Insurance Act
(7 U.S.C. 1501 et seq.).
``(c) Revenue Counter-Cyclical Program Guarantee.--
``(1) In general.--The revenue counter-cyclical program
guarantee for a crop year for a covered commodity in a State
shall equal 90 percent of the product obtained by multiplying--
``(A) the expected State yield for each planted
acre for the crop year for the covered commodity in a
State determined under paragraph (2); and
``(B) the revenue counter-cyclical program pre-
planting price for the crop year for the covered
commodity determined under paragraph (3).
``(2) Expected state yield.--
``(A) In general.--For purposes of paragraph
(1)(A), subject to subparagraph (B), the expected State
yield for each planted acre for a crop year for a
covered commodity in a State shall equal the projected
yield for the crop year for the covered commodity in
the State, based on a linear regression trend of the
yield per acre planted to the covered commodity in the
State during the 1980 through 2006 period using
National Agricultural Statistics Service data.
``(B) Assigned yield.--If the Secretary cannot
establish the expected State yield for each planted
acre for a crop year for a covered commodity in a State
in accordance with subparagraph (A), the Secretary
shall assign an expected State yield for each planted
acre for the crop year for the covered commodity in the
State on the basis of expected State yields for planted
acres for the crop year for the covered commodity in
similar States.
``(3) Revenue counter-cyclical program pre-planting
price.--
``(A) In general.--For purposes of paragraph
(1)(B), subject to subparagraph (B), the revenue
counter-cyclical program pre-planting price for a crop
year for a covered commodity shall equal the average
price that is used to determine crop insurance
guarantees for the crop year for the covered commodity
under the Federal Crop Insurance Act (7 U.S.C. 1501 et
seq.) during the crop year and the preceding 2 crop
years.
``(B) Minimum and maximum price.--The revenue
counter-cyclical program pre-planting price for a crop
year for a covered commodity under subparagraph (A)
shall not decrease or increase more than 15 percent
from the pre-planting price for the preceding year.
``(d) Payment Amount.--If revenue counter-cyclical payments are
required to be paid for any of the 2008 through 2012 crop years of a
covered commodity, the amount of the revenue counter-cyclical payment
to be paid to the producers on the farm for the crop year under this
section shall be equal to the product obtained by multiplying--
``(1) the difference between--
``(A) the revenue counter-cyclical program
guarantee for the crop year for the covered commodity
in the State determined under subsection (c); and
``(B) the actual State revenue from the crop year
for the covered commodity in the State determined under
subsection (b);
``(2) the acreage planted or considered planted to the
covered commodity for harvest on the farm in the crop year;
``(3) the quotient obtained by dividing--
``(A) the actual production history on the farm; by
``(B) the expected State yield for the crop year,
as determined under subsection (c)(2); and
``(4) 90 percent.
``(e) Recourse Loans.--For each of the 2008 through 2012 crops of a
covered commodity, the Secretary shall make available to producers on a
farm recourse loans, as determined by the Secretary, on any production
of the covered commodity.''.
SEC. 3. IMPACT ON CROP INSURANCE PROGRAMS.
(a) Rating.--
(1) In general.--The Secretary of Agriculture, acting
through the Administrator of the Risk Management Agency shall
carry out a study to identify such actions as are necessary to
ensure, to the maximum extent practicable, that all policies
and plans of insurance under the Federal Crop Insurance Act (7
U.S.C. 1501 et seq.) are properly rated to take into account a
rebalancing of risk as a result of the enactment of this Act
and the amendments made by this Act.
(2) Implementation.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall carry out the
actions identified under paragraph (1).
(b) Prevention of Duplication.--The Administrator of the Risk
Management Agency and Administrator of the Farm Service Agency shall
work together to ensure, to the maximum extent practicable, that
producers on a farm are not compensated through the revenue counter-
cyclical program established under section 1104 of the Farm Security
and Rural Investment Act of 2002 (as amended by section 2) and under
the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) for the same
loss, including by reducing crop insurance indemnity payments by the
amount of the revenue counter-cyclical payments.
SEC. 4. CONFORMING AMENDMENTS.
(a) Section 166(a) of the Federal Agriculture Improvement and
Reform Act of 1996 (7 U.S.C. 7286(a)) is amended by striking ``B and''.
(b) Section 1001 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 7901) is amended--
(1) by striking paragraphs (3), (6), (8), and (15);
(2) by redesignating paragraphs (4), (5), (7), (9), (10),
(11), (12), (13), (14), and (16) as paragraphs (3), (4), (5),
(6), (7), (8), (9), (11), (12), and (13), respectively;
(3) in paragraph (7) (as so redesignated), by striking
``and counter-cyclical payments'';
(4) in paragraph (8) (as so redesignated)--
(A) in subparagraph (A), by striking ``(A) In
general.--''; and
(B) by striking subparagraph (B);
(5) by inserting after paragraph (9) (as so redesignated)
the following:
``(10) Revenue counter-cyclical payments.--The term
`revenue counter-cyclical payments' means a payment made to
producers on a farm under section 1104.''.
(c) The subtitle heading of subtitle A of title I of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. prec. 7911) is
amended by inserting ``Revenue'' before ``Counter-Cyclical''.
(d) Section 1101 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 7911) is amended by striking ``and counter-cyclical
payments'' each place it appears in subsections (a)(1) and (e)(2).
(e) Section 1102 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 7912) is amended--
(1) in subsection (a), by striking ``and counter-cyclical
payments''; and
(2) by striking subsection (e).
(f) Section 1103 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 7913) is amended by striking ``2007'' each place it
appears and inserting ``2012''.
(g) Section 1105 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 7915) is amended--
(1) in the section heading, by inserting ``revenue'' before
``counter-cyclical''; and
(2) by inserting ``revenue'' before ``counter-cyclical''
each place it appears.
(h) Subtitle B of title I of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 7931 et seq.) is repealed.
(i) Subtitles C through F of title I of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 7951 et seq.) are amended by striking
``2007'' each place it appears and inserting ``2012''.
(j) Section 1307(a)(6) of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 7957)(a)(6)) is amended in the first sentence by
striking ``2006'' and inserting ``2011''.
(k) Section 1601(d)(1) of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 7991(d)(1)) is amended by striking ``and counter-
cyclical payments under subtitle A and subtitle C'' and inserting
``under subtitle A''.
(l) Section 1605 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 7993) is repealed.
(m) Section 1615(2) of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 7998(2)) is amended--
(1) in subparagraph (B), by striking ``Loan'' and inserting
``Covered''; and
(2) in subparagraph (C), by striking ``loan'' and inserting
``covered''.
(n) Section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308)
is amended--
(1) in subsection (c)(1), by inserting ``revenue'' before
``counter-cyclical''; and
(2) in subsection (d)--
(A) by striking paragraph (1); and
(B) in paragraph (2)--
(i) by striking ``(2) Other commodities.--
'';
(ii) in subparagraph (A), by striking ``,
wool, mohair, or honey under subtitle B or''
and inserting ``under subtitle'';
(iii) in subparagraph (B), by striking ``,
peanuts, wool, mohair, and honey under those
subtitles'' and inserting ``under that
subtitle''; and
(iv) by redesignating subparagraphs (A) and
(B) as paragraphs (1) and (2), respectively,
and indenting appropriately. | Farm Safety Net Improvement Act of 2007 - Amends the Farm Security and Rural Investment Act of 2002 to extend (through crop year 2012) and revise the counter-cyclical payment program.
Makes payments available in a state for a covered commodity if the actual state revenue (as defined by this Act) for the commodity is less than the revenue counter-cyclical program guarantee (as defined by this Act) for the commodity. (Under current law, payments are provided if a commodity's effective price is less than its target price.)
Provides recourse loans for covered commodities through crop year 2012.
Directs the Secretary of Agriculture, through the Risk Management Agency, to identify necessary actions to ensure that federal crop insurance programs are properly rated to account for a rebalancing of risk resulting from enactment of this Act. | {"src": "billsum_train", "title": "A bill to amend the Farm Security and Rural Investment Act of 2002 to make revenue counter-cyclical payments available to producers on a farm to ensure that the producers at least receive a minimum level of revenue from the production of a covered commodity, and for other purposes."} | 2,807 | 183 | 0.621081 | 1.616991 | 0.834297 | 2.840764 | 16.44586 | 0.878981 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Environmental Design of Electrical
Equipment Act (EDEE) Act''.
SEC. 2. FINDINGS.
The Congress finds and declares that--
(1) assisting in meeting the essential needs of the United
States for adequate supplies of electrical products and
equipment is in the national interest;
(2) ensuring a uniform Federal scheme of regulation of
restrictions in the use of certain substances in electrical
products and equipment in interstate and foreign commerce is
crucial to the economic, environmental, and social well-being
of the people of the United States in the global marketplace;
(3) potential disparities among State laws and implementing
regulations that may be enacted by the several States regarding
the restriction of the use of substances in electrical products
and equipment could create barriers to interstate commerce,
domestic and foreign trade, and distort competition, and may
thereby have a direct impact on the establishment and
functioning of global markets; and
(4) technological and industrial innovation for electrical
products and equipment can offer an improved standard of
living, increased public and private sector productivity, and
creation of new industries and employment opportunities, while
providing for environmentally compatible production, use, and
end of life disposition of such equipment.
SEC. 3. PURPOSE.
It is the purpose of this Act to enhance the economic,
environmental, and social well-being of the people of the United States
in the global marketplace by--
(1) ensuring efficient technological development and
innovation in the manufacture of electrical products and
equipment through the prevention of potential disparities among
State laws and implementing regulations that may be enacted by
the several States regarding the restriction of the use of
toxic substances in electrical products and equipment that
could create barriers to interstate commerce, domestic and
foreign trade, and distort global competition; and
(2) applying the regulatory and law enforcement process and
penalties of the Toxic Substances Control Act of 1976 to
establish uniform Federal regulation and enforcement of toxic
substances in electrical products and equipment.
SEC. 4. UNIFORM FEDERAL SCHEME OF REGULATION.
(a) Section 6 of the Toxic Substances Control Act of 1976 (15
U.S.C. 2605) is amended by adding at the end the following:
``(f) Certain Applications.--
``(1) Electroindustry products.--As used in subsection (e),
the term `electroindustry product' means any product or
equipment that is directly used to facilitate the transmission,
distribution, or control of electricity, or that uses
electrical power for arc welding, lighting, signaling
protection and communication, or medical imaging, or electrical
motors and generators.
``(2) National standards.--Except for those electroindustry
products and product categories set forth in paragraph (3), no
electroindustry product shall be manufactured after July 1,
2010, that contains a concentration value greater than 0.1
percent by weight of lead, mercury, hexavalent chromium,
polybrominated biphenyls (PBB), and polybrominated diphenyl
ethers (PBDE) as measured in any homogeneous material contained
in the electroindustry product, or a concentration value
greater than 0.01 percent of cadmium as measured in any
homogeneous material contained in the electroindustry product.
For purposes of this section, `homogeneous material' means a
material of uniform composition throughout that cannot be
mechanically disjointed into different materials.
``(3) Electroindustry products and product categories.--The
processing and/or use of the specified chemical substances in
any of the following electroindustry products and equipment
shall not be subject to any restriction or requirement that is
designed to protect against a risk of injury to health or the
environment, and shall in no manner be restricted, by the
States or any political subdivision of a State in accordance
with section 2617(c)(1)(B):
``(A) Lead, mercury, cadmium, hexavalent chromium,
polybrominated biphenyls, and polybrominated diphenyl
ethers contained in--
``(i) products or equipment designed for
use with a voltage rating of 300 volts or
above;
``(ii) products or equipment used in fixed
installations; [For purposes of this
subsection, `fixed installation' means a
combination of equipment, systems, finished
products and/or components, not including
lighting equipment that encompasses lighting
fixtures and lamps, assembled and/or erected by
an assembler/installer at a given place to
operate together in an expected environment to
perform a specific task, but not intended to be
placed in commerce as a single functional or
commercial unit];
``(iii) signaling protection and
communication systems and products, including
healthcare communications and emergency call
systems;
``(iv) surface transportation information
management and control systems, subsystems,
equipment, components, and services, including
equipment used to design, install, operate, and
maintain such systems;
``(v) medical diagnostic imaging and
therapy equipment and devices, communications
and emergency call systems and products,
modular walls, consoles, systems, products,
panels, meters, and monitors used in healthcare
facilities;
``(vi) shunt capacitors and series
capacitors;
``(vii) electro-mechanical and solid-state
equipment and systems for measurement, display
recording, processing, and telemetry for
electricity metering and associated
information;
``(viii) distribution and power
transformers and special purpose transformers;
``(ix) equipment used for mounting or
testing watt-hour or demand meters such as
sockets, boxes, enclosures, test blocks, test
tables, and test kits;
``(x) high voltage fuses, high current
connectors, power circuit breakers, switchgear
assemblies, surge arrestors, and insulating
equipment, products, and hardware;
``(xi) steam turbine generators and units;
``(xii) electrical wire and cable products
and accessories, not including fixture wires,
appliance wires, and flexible cords as so
classified by the National Electrical Code, by
Underwriters Laboratories, Inc., or by the
Canadian Standards Association;
``(xiii) electrical conduit;
``(xiv) high intensity discharge lamps;
``(xv) arc welding and plasma cutting
equipment designed for industrial or
professional use; or
``(xvi) arc welding and cutting equipment
driven by mechanical means, e.g., a gasoline or
diesel engine.
``(B) Lead when used or contained in--
``(i) steel alloys containing up to 0.35
percent lead by weight, aluminum alloys
containing up to 0.4 percent lead by weight and
copper alloys containing up to 4 percent lead
by weight;
``(ii) solders with high melting
temperatures, including lead-based alloys
containing 85 percent or more lead by weight,
and solders for--
``(I) die mounting in Light
Emitting Diode applications;
``(II) the electrical connection
within integrated-circuit flip-chip
packages;
``(III) machined through-hole
discoidal and planar array ceramic
multilayer capacitors; and
``(IV) printed circuit board
assemblies and point-to-point soldered
assemblies, up to 40 percent lead by
weight, and when used in transmission,
distribution, power supply, or control
devices designed to be installed in
electrical outlet boxes and/or switch
boxes, in emergency lighting equipment,
in trip units in circuit breakers, or
in sensors used for lighting control;
``(iii) glass used in plasma display panels
or surface conduction electron emitter displays
or for flat fluorescent lamps in liquid crystal
displays, or in incandescent lamps;
``(iv) finishes of fine-pitch components
other than connectors with a pitch of 0.65
millimeters or less with nickel-iron lead
frames or copper-lead frames;
``(v) coatings not exceeding 0.5 percent by
weight for tin babbitt alloy coated sleeve
bearings;
``(vi) gateway hardware between lighting
controls protocols and building management
protocols;
``(vii) red ink used in exit signs not
exceeding 0.005 milligrams per lens;
``(viii) fluorescent lamps;
``(ix) electrical connector coatings; or
``(x) lead-bronze bearing shells and
bushes.
``(C) Cadmium and its compounds when used or
contained in--
``(i) electrical contacts, cadmium plating
and switch contacts, including those used in
thermal protectors in lighting ballasts, and
luminaires containing such ballasts; or
``(ii) cadmium-copper alloys for wire
conductors.
``(D) Hexavalent chromium when used or contained in
electrical connectors, corrosion-prevention coatings
for fasteners and metals in emergency lighting
equipment or electromagnetic interference shielding,
and noncurrent carrying electrical devices.
``(E) Mercury when used or contained in--
``(i) straight fluorescent lamps for
general purposes, but not exceeding 10
milligrams in halophosphate lamps, 5 milligrams
in triphosphate lamps with a normal lifetime,
and 8 milligrams in triphosphate lamps with a
long lifetime;
``(ii) straight fluorescent lamps for
special purposes;
``(iii) compact fluorescent lamps equal to
or greater than 9 inches;
``(iv) compact fluorescent lamps less than
25 watts, not exceeding 5 milligrams per lamp;
``(v) compact fluorescent lamps equal to or
greater than 25 watts, not exceeding 6
milligrams per lamp;
``(vi) high output/very high output linear
fluorescent lamps greater than 32 millimeters
in diameter;
``(vii) preheat linear fluorescent lamps;
or
``(viii) luminaires when containing any
mercury-added lamps identified under
[subsection (f)(3)(E)(i)-(vii)].
``(F) Any processing and/or use of a specified
chemical substance in an electroindustry product other
than those identified in this subsection as the
Administrator may establish by rule.''.
(b) Section 18 of the Toxic Substances Control Act of 1976 (15
U.S.C. 2617) is amended by adding at the end the following:
``(c) Preemption.--(1) Notwithstanding any other provision of this
section, no State or political subdivision of a State may, after the
effective date of this Act, adopt or continue in effect any requirement
that is designed to protect against a risk of injury to health or the
environment--
``(A) for any electroindustry product as defined in section
2605(f)(1) that is inconsistent with or more stringent than the
national standards set forth in section 2605(f)(2); or
``(B) that is applicable to the processing and/or use of
the specified chemical substances in any of the electroindustry
products or electroindustry product categories set forth in
section 2605(f)(3).
``(2) Upon application of a State or political subdivision of a
State, the Administrator may, by rule, exempt from section 2605(f)(3),
under such conditions as may be prescribed in such rule, a requirement
of such State or political subdivision designed to protect against an
unreasonable risk of injury to health or the environment associated
with any of the uses of any chemical substance, mixture, or article
containing such chemical substance or mixture specified in section
2605(f)(3) if--
``(A) compliance with the requirement would not cause the
processing, distribution in commerce, or use of the substance,
mixture, or article to be in violation of the Act; and
``(B) the State or political subdivision requirement does
not, through difficulties in manufacturing, marketing,
distribution, or other factors, unduly burden interstate
commerce, or does not lessen the reliability of an electrical
grid or of any product or system which is the subject of any
such requirement of a State or political subdivision of a
State.
``(3) Compliance with the national standards set forth in section
2605(f)(2) may be demonstrated based on any appropriate method for a
particular electroindustry product, including without limitation,
certifications of compliance by product manufacturers or testing
performed in accordance with the guidelines promulgated by the
Administrator under this subsection. The Administrator shall, within
one year from the effective date of this Act, promulgate guidelines
establishing test procedures for determining the concentration of lead,
mercury, hexavalent chromium, cadmium, polybrominated biphenyls (PBB)
and/or polybrominated diphenyl ethers (PBDE) contained in an
electroindustry product.''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
For fiscal year 2009, there is authorized to be appropriated
$1,000,000 for the Administrator to implement the provisions of this
Act. | Environmental Design of Electrical Equipment Act (EDEE) Act - Amends the Toxic Substances Control Act of 1976 to establish uniform national standards for the use of lead, mercury, hexavalent chromium, cadmium, polybrominated biphenyls, and polybrominated diphenyl ethers in electroindustry products manufactured after July 1, 2010. Defines "electroindustry product" as any product or equipment that is used to facilitate the transmission, distribution, or control of electricity, or that uses electricity for arc welding, lighting, signaling protection and communication, medical imaging, or electrical motors and generators. | {"src": "billsum_train", "title": "To amend the Toxic Substances Control Act of 1976 to ensure a uniform Federal scheme of regulation of restrictions in the use of certain substances in electrical products and equipment in interstate and foreign commerce, and for other purposes."} | 2,867 | 150 | 0.520509 | 1.525843 | 0.68222 | 4.980583 | 25.145631 | 0.961165 |
SECTION 1. PREKINDERGARTEN PROGRAM.
Title X of the Elementary and Secondary Education Act of 1965 is
amended by adding at the end the following:
``PART M--PREKINDERGARTEN PROGRAMS
``SEC. 10996A. FINDINGS.
``Congress finds the following:
``(1) Countless studies have shown what every parent
already knows: High-quality preschool education programs work.
They prepare children to learn when they go to school, and the
programs increase the success of students throughout their
lives.
``(2) Children who get a high-quality prekindergarten
education are less likely to repeat a grade level and have less
need for special education instruction than those with no
prekindergarten experience.
``(3) Prekindergarten programs make a significant
difference in the lives of children from low-income families. A
recent study found that children in high-quality child care
programs had better thinking and attention skills, better
mathematics and pre-reading skills, and fewer behavioral
problems.
``(4) In a study following children to age 21 who received
high-quality early children education, such children were more
likely to have enrolled in college, been employed, and delayed
parenthood.
``SEC. 10996B. DEFINITIONS.
``For purposes of this part, the following definitions shall apply:
``(1) Prekindergarten.--The term `prekindergarten' means a
program serving children ages 3, 4, and 5 years old that
supports children's cognitive, social, emotional, and physical
development and helps prepare children for the transition to
kindergarten.
``(2) Eligible prekindergarten providers.--The term
`eligible prekindergarten providers' includes child care
programs, Head Start agencies, and schools that--
``(A) have met applicable State licensing
requirements and have obtained accreditation by a
national accrediting body with demonstrated experience
in accrediting child care, prekindergarten programs, or
schools; or
``(B) agree to obtain such accreditation not later
than 3 years after receipt of a grant under this part.
``(c) Prekindergarten Teacher.--The term `prekindergarten teacher'
means an individual who has or is working toward a bachelor of arts
degree in early childhood development.
``SEC. 10996C. PROGRAM AUTHORIZED.
``(a) In General.--The Secretary is authorized to provide grants to
a State with an approved application under section 10996D to allow such
State to establish or expand prekindergarten early learning programs by
eligible prekindergarten providers and local educational agencies in
partnership with early childhood programs, organizations, or agencies
that serve prekindergarten school children.
``(b) State Application.--
``(1) In general.--The State shall designate a State agency
to administer, including the receipt and administration of
funds and the evaluation of the program, the State-funded
prekindergarten program funded under this part.
``(2) State application.--The appropriate agency shall
submit an application to the Secretary that includes--
``(A) an assurance that the State will provide non-
Federal matching funds equal to not less than 20
percent of the award; and
``(B) a description of--
``(i) how grant funds will be used to
expand or enhance existing efforts across the
State in providing access to high quality
prekindergarten programs;
``(ii) how the State will collaborate with
local child care agencies and councils,
including local child care resource and
referral agencies;
``(iii) how grant funds will be used to
supplement and not supplant existing Federal,
State, local and private funds used for
prekindergarten programs;
``(iv) how the State will ensure that grant
funds are provided to a range of types of
eligible prekindergarten providers;
``(v) how the State will help eligible
prekindergarten providers attract and retain
qualified prekindergarten teachers;
``(vi) how the State will identify the
eligible children and eligible prekindergarten
providers; and
``(vii) how the State will give priority to
full-time prekindergarten programs, including
the expansion of existing part-time programs
into full-time programs.
``SEC. 10996D. LOCAL APPLICATIONS.
``(a) In General.--A local educational agency or eligible
prekindergarten provider, as the case may be, that desires to receive a
grant under this part shall submit an application to the State agency
designated under section 10996C(b) at such time, in such manner, and
containing such information as such agency may reasonably require.
``(b) Special Rule.--If the State prekindergarten program is not
operated through the local educational agency, then the State shall
award subgrants to eligible prekindergarten providers that currently
administer prekindergarten programs at the local level.
``(c) Content.--An application referred to in subsection (a), at a
minimum, shall--
``(1) demonstrate a need for the establishment,
enhancement, or expansion of a prekindergarten program;
``(2) describe how the local educational agency or eligible
prekindergarten provider collaborates with local early
childhood councils and agencies;
``(3) provide an assurance that each individual hired is
qualified to teach children at the prekindergarten level;
``(4) provide an assurance that the ratio of teacher or
child development specialist to children shall not exceed 1-10;
``(5) provide a description of how funds will be used to
coordinate with and enhance, but not duplicate or supplant,
early childhood programs serving eligible children that exist
in the community;
``(6) describe how the agency or eligible prekindergarten
provider will use a collaborative process with organizations
and members of the community that have an interest and
experience in early childhood development and education to
establish, expand, or enhance prekindergarten programs;
``(7) describe how the program will meet the diverse needs
of children, ages 3 through 5, in the community who are not
enrolled in kindergarten, including children with disabilities
or whose native language is other than English;
``(8) describe how the agency or eligible prekindergarten
provider will collaborate with local schools to ensure a smooth
transition for participating students from early childhood
education to kindergarten and early elementary education;
``(9) describe the results the programs are intended to
achieve, and what tools will be used to measure the progress in
attaining those results; and
``(10) provide an assurance that none of the funds received
under this part may be used for the construction or renovation
of existing or new facilities (except for minor remodeling
needed to accomplish the purposes of this part).
``SEC. 10996E. USES OF FUNDS.
``(a) In General.--An agency or eligible prekindergarten provider
that receives a grant award under this part shall use funds received to
establish, enhance, or expand prekindergarten programs for children,
ages 3 through 5, who are not enrolled in kindergarten, including--
``(1) providing a program that focuses on the developmental
needs of participating children, including their social,
cognitive, physical, and language-development needs, and using
research-based approaches that build on competencies that lead
to school success, particularly in language and literacy
development and in reading;
``(2) paying the costs of purchasing educational equipment,
including educational materials, necessary to provide a high
quality program;
``(3) pursuing accreditation by a national accreditation
body with demonstrated experience in accreditation of
prekindergarten programs, to be obtained not later than 3 years
after the date of receipt of funds under this part;
``(4) helping prekindergarten teachers pursue and attain
the credential and degree requirements established by the State
and provide a stipend for attaining educational or professional
development; and
``(5) meeting the needs of working parents.
``(b) Permissible Uses of Funds.--A prekindergarten program
established under this part may use funds received under this part to
pay for transporting students to and from a prekindergarten program.
``SEC. 10996F. REPORTING.
``(a) Local Reports.--Each local educational agency or eligible
prekindergarten provider that receives a grant award under this part
shall submit an annual report to the designated State agency that
reviews the effectiveness of the prekindergarten program established
with funds provided under this part on--
``(1) number and ages of children served, including
information (disaggregated by family income, race, disability,
native language);
``(2) number of hours of service per day and number of
months;
``(3) number of prekindergarten teachers; and
``(4) other sources of Federal, State, local, and private
funds used to operate a program.
``(b) Report to Congress.--The Secretary shall submit an annual
report to Congress that evaluates the prekindergarten programs
established under this part.
``SEC. 10996G. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
$2,000,000,000 for fiscal year 2001, $4,000,000,000 for fiscal year
2002, $5,000,000,000 for fiscal year 2003, $8,000,000,000 for fiscal
year 2004, and $10,000,000,000 for fiscal year 2005.''. | Amends the Elementary and Secondary Education Act of 1965 to establish Prekindergarten Programs.Authorizes the Secretary of Education to provide grants to applicant States to establish or expand prekindergarten early learning programs by eligible prekindergarten providers and local educational agencies in partnership with early childhood programs, organizations, or agencies that serve three-, four-, and five-year old children. | {"src": "billsum_train", "title": "To provide grants to States to establish, expand, or enhance prekindergarten programs for children who are not yet enrolled in kindergarten."} | 1,995 | 80 | 0.551992 | 1.424297 | 0.704468 | 5.415385 | 29.030769 | 0.892308 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coral Reef Conservation Legacy Act
of 2006''.
SEC. 2. EXPANSION OF CORAL REEF CONSERVATION GRANTS PROGRAM.
(a) Project Diversity.--Section 204(d) of the Coral Reef
Conservation Act of 2000 (16 U.S.C. 6403(d)) is amended by striking
paragraph (3) and inserting the following:
``(3) Remaining funds shall be awarded for--
``(A) projects (with priority given to community-
based local action strategies) that address emerging
priorities or threats, including international and
territorial priorities, or threats identified by the
Administrator in consultation with the Coral Reef Task
Force; and
``(B) other appropriate projects, as determined by
the Administrator, including monitoring and assessment,
research, pollution reduction, education, and technical
support.''.
(b) Approval Criteria.--Section 204(g) of that Act (16 U.S.C.
6403(g)) is amended--
(1) by striking ``or'' after the semicolon in paragraph
(9);
(2) by redesignating paragraph (10) as paragraph (12); and
(3) by inserting after paragraph (9) the following:
``(10) activities designed to minimize the likelihood of
damage to coral reefs, including the use of devices to minimize
human impacts on coral reefs;
``(11) promoting and assisting entities to work with local
communities, and all appropriate governmental and
nongovernmental organizations, to support community-based
planning and management initiatives for the protection of coral
reef systems; or''.
SEC. 3. EMERGENCY RESPONSE ACTIONS.
Section 206 of the Coral Reef Conservation Act of 2000 (16 U.S.C.
6404) is amended to read as follows:
``SEC. 206. EMERGENCY RESPONSE ACTIONS.
``(a) In General.--The Administrator and the Secretary of the
Interior may each undertake or authorize action within areas under
their administrative jurisdiction as necessary to prevent or minimize
the destruction or loss of, or injury to, coral reefs or coral reef
ecosystems from vessel impacts or other physical damage to coral reefs,
including damage from unforeseen or disaster-related circumstances.
``(b) Actions Authorized.--Action authorized by subsection (a)
includes vessel removal and emergency restabilization of the vessel and
any impacted coral reef.
``(c) Partnering With Other Agencies.--When possible, actions under
this section should--
``(1) be conducted in partnership with other government
agencies, including--
``(A) the Coast Guard, the Federal Emergency
Management Agency, and the Corps of Engineers; and
``(B) agencies of States and territories of the
United States; and
``(2) leverage resources of such other agencies, including
funding or assistance authorized under other Federal laws.''.
SEC. 4. REPORT TO CONGRESS.
Section 208 of the Coral Reef Conservation Act of 2000 (16 U.S.C.
6407) is amended to read as follows:
``SEC. 208. REPORTS TO CONGRESS.
``(a) Implementation of Strategy.--Not later than October 1, 2007,
and every 3 years thereafter, the Administrator, in consultation with
the United States Coral Reef Task Force, shall submit to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Resources of the House of Representatives a report
describing all activities undertaken to implement the strategy,
including--
``(1) a description of the funds obligated by each
participating Federal agency to advance coral reef conservation
during each of the 3 fiscal years next preceding the fiscal
year in which the report is submitted;
``(2) a description of Federal interagency and cooperative
efforts with States and United States territories to prevent or
address overharvesting, coastal runoff, or other anthropogenic
impacts on coral reefs, including projects undertaken with the
Department of the Interior, Department of Agriculture, the
Environmental Protection Agency, and the Army Corps of
Engineers;
``(3) a description of Federal disaster response actions
taken pursuant to the National Response Plan to address damage
to coral reefs and coral reef ecosystems; and
``(4) an assessment of accomplishments under this Act and
the effectiveness of management actions to address threats to
coral reefs.
``(b) Condition of Coral Reefs.--Not later than October 1, 2008,
and every 3 years thereafter, the Administrator, in consultation with
the United States Coral Reef Task Force, shall submit to the Committees
referred to in subsection (a) an assessment of the condition of United
States coral reefs.''.
SEC. 5. FUND; GRANTS; COORDINATION; TASK FORCE.
The Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et seq.) is
amended--
(1) by striking ``organization solely'' and all that
follows in section 205(a) (16 U.S.C. 6404(a)) and inserting
``organization--
``(1) to support partnerships between the public and
private sectors that further the purposes of this Act and are
consistent with the national coral reef strategy under section
203; and
``(2) to address emergency response actions under section
206.'';
(2) by adding at the end of section 205(b) (16 U.S.C.
6404(b)) the following: ``The organization is encouraged to
solicit funding and in-kind services from the private sector,
including nongovernmental organizations, for emergency response
actions under section 206 and for activities to prevent damage
to coral reefs, including activities described in section
210(b)(2).'';
(3) by striking ``the grant program'' in section 205(c) (16
U.S.C. 6404(c)) and inserting ``any grant program or emergency
response action'';
(4) by redesignating sections 209 and 210 as sections 212
and 213, respectively; and
(5) by inserting after section 208 the following:
``SEC. 209. COMMUNITY-BASED PLANNING GRANTS.
``(a) In General.--The Administrator may make a grant to any person
that may submit a coral conservation proposal under section 204(e) to
provide additional funds to such person to work with local communities
and through appropriate Federal and State entities to prepare and
implement plans for the increased protection of coral reef areas
identified by the community and the best scientific information
available as high priorities for focused attention. The plans shall--
``(1) support attainment of 1 or more of the criteria
described in section 204(g);
``(2) be developed at the community level;
``(3) utilize watershed-based approaches;
``(4) provide for coordination with Federal and State
experts and managers;
``(5) build upon local approaches or models, including
traditional or island-based resource management concepts; and
``(6) compliment local action strategies or other regional
plans for coral reef conservation.
``(b) Terms and Conditions.--The provisions of subsections (b),
(d), (f), and (h) of section 204 apply to grants under subsection (a),
except that, for the purpose of applying section 204(b)(1) to grants
under this section, `75 percent' shall be substituted for `50 percent'.
``SEC. 210. REGIONAL COORDINATION.
``(a) In General.--The Administrator shall work in coordination and
collaboration with other Federal agencies, States, and United States
territorial governments to implement the strategies developed under
section 203, including regional and local strategies, to address
multiple threats to coral reefs and coral reef ecosystems such as
coastal runoff, vessel impacts, and overharvesting.
``(b) Multiyear Cooperative Agreements.--The Administrator may
enter into multiyear cooperative agreements with other Federal
agencies, States and local governments, academic institutions, and
nongovernmental organizations to carry out the activities of the
national coral reef action strategy.
``SEC. 211. UNITED STATES CORAL REEF TASK FORCE.
``(a) Establishment.--There is hereby established the United States
Coral Reef Task Force.
``(b) Goal.--The goal of the Task Force shall be to lead,
coordinate, and strengthen Federal Government actions to better
preserve and protect coral reef ecosystems.
``(c) Duties.--The duties of the Task Force shall be--
``(1) to coordinate, in cooperation with State, territory,
commonwealth, and local government partners, and
nongovernmental partners if appropriate, activities regarding
the mapping, monitoring, research, conservation, mitigation,
restoration of coral reefs and coral reef ecosystems;
``(2) work with the Secretary of State and the
Administrator of the Agency for International Development, and
in coordination with the other members of the Task Force, to--
``(A) assess the United States role in
international trade and protection of coral reef
species; and
``(B) implement appropriate strategies and actions
to promote conservation and sustainable use of coral
reef resources worldwide.
``(d) Membership, Generally.--The Task Force shall be comprised
of--
``(1) the Secretary of Commerce, acting through the
Administrator of the National Oceanic and Atmospheric
Administration, and the Secretary of the Interior, who shall be
co-chairs of the Task Force;
``(2) the Administrator of the Agency of International
Development;
``(3) the Secretary of Agriculture;
``(4) the Secretary of Defense;
``(5) the Secretary of the Army, acting through the Corps
of Engineers;
``(6) the Secretary of Homeland Security;
``(7) the Attorney General;
``(8) the Secretary of State;
``(9) the Secretary of Transportation;
``(10) the Administrator of the Environmental Protection
Agency;
``(11) the Administrator of the National Aeronautics and
Space Administration;
``(12) the Director of the National Science Foundation;
``(13) the Governor, or a representative of the Governor,
of the Commonwealth of the Northern Mariana Islands;
``(14) the Governor, or a representative of the Governor,
of the Commonwealth of Puerto Rico;
``(15) the Governor, or a representative of the Governor,
of the State of Florida;
``(16) the Governor, or a representative of the Governor,
of the State of Hawaii;
``(17) the Governor, or a representative of the Governor,
of the Territory of Guam;
``(18) the Governor, or a representative of the Governor,
of the Territory of American Samoa; and
``(19) the Governor, or a representative of the Governor,
of the Virgin Islands.
``(e) Non-Voting Members.--The President, or a representative of
the President, of each of the Freely Associated States of the Federated
States of Micronesia, the Republic of the Marshall Islands, and the
Republic of Palau may appoint a non-voting member of the Task Force.
``(f) Working Groups.--
``(1) In general.--The co-chairs of the Task Force may
establish working groups as necessary to meet the goals and
duties of this Act. The Task Force may request the co-chairs to
establish such a working group.
``(2) Participation by nongovernmental organizations.--The
co-chairs may allow a nongovernmental organization to
participate in such a working group.
``(g) FACA.--The Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to the Task Force.''.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
Section 212 of the Coral Reef Conservation Act of 2000 (formerly 16
U.S.C. 6408), as redesignated by section 6, is amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--
``(1) Authorization.--There are authorized to be
appropriated to carry out this title--
``(A) to the Secretary of Commerce, $30,000,000 for
fiscal year 2008, $32,000,000 for fiscal year 2009, and
$34,000,000 for fiscal year 2010; and
``(B) to the Secretary of the Interior, $10,000,000
for each of fiscal years 2008 through 2010.
``(2) Allocation.--Of the amount authorized by this
subsection for each of fiscal years 2008 through 2010--
``(A) no less than 30 percent shall be used for the
grant program under section 204;
``(B) up to 10 percent shall be used for the Fund
established under section 205;
``(C) $500,000 may be used by the Secretary of the
Interior to support operations of the United States
Coral Reef Task Force; and
``(D) $250,000 may be used by the Secretary of
Commerce to support such operations.'';
(2) by striking ``$1,000,000'' in subsection (b) and
inserting ``$2,000,000'';
(3) by striking subsection (c) and inserting the following:
``(c) Community-Based Planning Grants.--There is authorized to be
appropriated to the Administrator to carry out section 209 the sum of
$8,000,000 for fiscal years 2008 through 2010, such sum to remain
available until expended.''; and
(4) by striking subsection (d).
SEC. 7. FUNDING FOR MARINE SCIENCE LABORATORY, CORAL REEF RESEARCH, AND
COASTAL ECOLOGY AND DEVELOPMENT.
(a) American Samoa Community College.--There is authorized to be
appropriated $1,000,000 to the University of Hawaii Sea Grant College
program to administer a marine science laboratory for coral reef
research and protection, and coastal ecology and development, at the
American Samoa Community College.
(b) University of Guam.--There is authorized to be appropriated
$1,000,000 to the University of Guam for coral reef research and
protection at the University of Guam Marine Laboratory. | Coral Reef Conservation Legacy Act of 2006 - (Sec. 2) Amends the Coral Reef Conservation Act of 2000 to extend the award of remaining coral reef conservation program grant funds, in addition to projects addressing emerging priorities or threats, to other appropriate projects, as determined by the Administrator of the National Oceanic and Atmospheric Administration (NOAA), including monitoring and assessment, research, pollution reduction, education, and technical support.
Establishes as additional coral reef conservation project approval criteria: (1) the minimization of the likelihood of damage to coral reefs; and (2) promoting and assisting entities to work with local communities, and appropriate governmental and nongovernmental organizations, to support community-based planning and management initiatives for the protection of coral reef systems.
(Sec. 3) Authorizes the Administrator and the Secretary of the Interior to undertake or authorize emergency response actions to prevent or minimize the destruction or loss of, or injury to, coral reefs or coral ecosystems from vessel impacts or other physical damage to coral reefs, including damage from unforeseen or disaster-related circumstances. Allows actions to include vessel removal and emergency restabilization of the vessel and any impacted coral reef.
(Sec. 4) Requires the Administrator to report every three years to specified congressional committees on: (1) all activities undertaken to implement the national coral reef action strategy; and (2) the condition of United States coral reefs.
(Sec. 5) Allows coral reef conservation fund amounts to be used for emergency response actions. Authorizes the Administrator to make community-based planning grants to certain persons to work with local communities and appropriate federal and state entities to implement plans for increased protection of high priority coral reefs.
Establishes the United States Coral Reef Task Force to coordinate federal actions to better preserve and protect coral reef ecosystems.
(Sec. 6) Reauthorizes the Coral Reef Conservation Act of 2000 and authorizes appropriations through FY2010 for: (1) the coral reef conservation program; and (2) community-based planning grants.
(Sec. 7) Authorizes appropriations to: (1) the University of Hawaii Sea Grant College program to administer a marine science laboratory for coral reef research and protection, and coastal ecology and development, at the American Samoa Community College; and (2) the University of Guam for coral reef research and protection and the University of Guam Marine Laboratory. | {"src": "billsum_train", "title": "To reauthorize the Coral Reef Conservation Act of 2000, and for other purposes."} | 3,059 | 502 | 0.733413 | 2.117826 | 0.870294 | 5.002183 | 6.266376 | 0.945415 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Travel, Tourism, and Jobs
Preservation Act''.
TITLE I--PERMANENT PROGRAM AUTHORIZATION
SEC. 101. ELIMINATION OF PILOT PROGRAM STATUS.
(a) In General.--Section 217 of the Immigration and Nationality Act
(8 U.S.C. 1187) is amended--
(1) in the section heading, by striking ``pilot'';
(2) in subsection (a)--
(A) in the subsection heading, by striking
``Pilot'';
(B) in the matter preceding paragraph (1), by
striking ``pilot'' both places it appears;
(C) in paragraph (1), by striking ``pilot program
(as defined in subsection (e))'' and inserting
``program'';
(3) in subsection (b), in the matter preceding paragraph
(1), by striking ``pilot'';
(4) in subsection (c)--
(A) in the subsection heading, by striking
``Pilot'';
(B) in paragraph (1), by striking ``pilot'';
(C) in paragraph (2)--
(i) by striking ``subsection (g)'' and
inserting ``subsection (f)''; and
(ii) by striking ``pilot'';
(D) in paragraph (3)--
(i) in the matter preceding subparagraph
(A), by striking ``(within the pilot program
period)'';
(ii) in subparagraph (A), in the matter
preceding clause (i), by striking ``pilot''
both places it appears;
(iii) in subparagraph (B), by striking
``pilot'';
(5) in subsection (e)--
(A) in the matter preceding subparagraph (A), by
striking ``pilot'';
(B) in subparagraph (B), by striking ``pilot'';
(6) by striking subsection (f) and redesignating subsection
(g) as subsection (f); and
(7) in subsection (f) (as so redesignated)--
(A) in paragraph (1)(A), by striking ``pilot'';
(B) in paragraph (1)(C), by striking ``pilot'';
(C) in paragraph (2)(A), by striking ``pilot'' both
places it appears;
(D) in paragraph (3), by striking ``pilot''; and
(E) in paragraph (4)(A), by striking ``pilot''.
(b) Conforming Amendment.--Clause (iv) of section 212(a)(7)(B) of
the Immigration and Nationality Act (8 U.S.C. 1182(a)(7)(B)(iv)) is
amended--
(1) in the clause heading, by striking ``pilot''; and
(2) by striking ``pilot''.
TITLE II--PROGRAM IMPROVEMENTS
SEC. 201. EXTENSION OF RECIPROCAL PRIVILEGES.
Section 217(a)(2)(A) of the Immigration and Nationality Act (8
U.S.C. 1187(a)(2)(A)) is amended by inserting ``, either on its own or
in conjunction with one or more other countries that are designated
under subparagraph (B) and that have established with the country a
common area for immigration admissions,'' after ``to extend)''.
SEC. 202. MACHINE READABLE PASSPORT PROGRAM.
(a) Requirement of Alien.--
(1) Machine readable passport.--Section 217(a) of the
Immigration and Nationality Act (8 U.S.C. 1187(a)) is amended--
(A) by redesignating paragraphs (3) through (7) as
paragraphs (4) through (8), respectively; and
(B) by inserting after paragraph (2) the following:
``(3) Machine readable passport.--The alien at the time of
application for admission is in possession of a valid unexpired
machine-readable passport that satisfies the internationally
accepted standard for machine readability.''.
(2) Effective date.--The amendment made by paragraph (1)(B)
shall apply to applications for admission that are made on or
after October 1, 2008.
(b) Requirement of Country.--Section 217(c)(2)(B) of the
Immigration and Nationality Act (8 U.S.C. 1187(c)(2)(B)) is amended to
read as follows:
``(B) Machine readable passport program.--
``(i) In general.--Subject to clause (ii),
the government of the country certifies that it
issues to its citizens machine-readable
passports that satisfy the international
accepted standard for machine readability.
``(ii) Deadline for compliance for certain
countries.--In the case of a country designated
as a program country under this subsection
prior to May 1, 2000, as a condition on the
continuation of that designation, the country--
``(I) shall certify not later than
October 1, 2001, that it has a program
to issue machine-readable passports to
its citizens not later than October 1,
2003; and
``(II) shall satisfy the
requirement in clause (i) not later
than October 1, 2003.''.
SEC. 203. EVALUATION OF EFFECT OF COUNTRY'S PARTICIPATION ON LAW
ENFORCEMENT AND NATIONAL SECURITY.
(a) Initial Designation.--Section 217(c)(2)(C) of the Immigration
and Nationality Act (8 U.S.C. 1187(c)(2)(C)) is amended to read as
follows:
``(C) Law enforcement and national security
interests.--The Attorney General, in consultation with
the Secretary of State--
``(i) evaluates the effect that the
country's designation would have on the law
enforcement and national security interests of
the United States (including the interest in
enforcement of the immigration laws of the
United States);
``(ii) determines that such interests would
not be compromised by the designation of the
country; and
``(iii) submits a written report to the
Committee on the Judiciary of the United States
House of Representatives and of the Senate
regarding the country's qualification for
designation that includes an explanation of
such determination.''.
(b) Continuation of Designation.--Section 217(c) of the Immigration
and Nationality Act (8 U.S.C. 1187(c)) is amended by adding at the end
the following:
``(5) Written reports on continuation qualifications;
designation rescissions.--
``(A) Periodic evaluations.--The Attorney General,
in consultation with the Secretary of State,
periodically (but not less than once every 5 years)--
``(i) shall evaluate the effect of each
program country's continued designation on the
law enforcement and national security interests
of the United States (including the interest in
enforcement of the immigration laws of the
United States);
``(ii) shall determine whether any such
designation ought to be continued or rescinded
under subsection (d); and
``(iii) shall submit a written report to
the Committee on the Judiciary of the United
States House of Representatives and of the
Senate regarding the continuation or rescission
of the country's designation that includes an
explanation of such determination and the
effects described in clause (i). | Title II: Program Improvements
- Amends the Immigration and Nationality Act to grant program privileges to countries that extend reciprocal program privileges either directly with the United States or in conjunction with a designated program participant country and have a common immigration admissions area with such country.
(Sec. 202) Establishes deadlines for: (1) participating countries to have a machine readable passport program; and (2) alien visitors to have such passports. Requires such programs and passports to meet the international standard for machine readability.
(Sec. 203) Requires periodic written evaluations of a participating country's effect on U.S. law enforcement and security interests. | {"src": "billsum_train", "title": "Travel, Tourism, and Jobs Preservation Act"} | 1,699 | 151 | 0.419091 | 1.054176 | 0.527987 | 1.819672 | 11.92623 | 0.868852 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commute LESS Act of 2009'' or the
``Commute-Leveraging Employer Support and Successes Act of 2009''.
SEC. 2. ENHANCING EMPLOYER INVOLVEMENT IN METROPOLITAN TRANSPORTATION
PLANNING.
(a) Designation of Metropolitan Planning Organizations.--Section
5303(d)(2) of title 49, United States Code, is amended--
(1) in subparagraph (B) by striking ``and'' at the end;
(2) in subparagraph (C) by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(D) not less than one representative designated
by the applicable employer advisory council established
under subsection (q).''.
(b) Development of Transportation Plan.--
(1) Transportation plan.--Section 5303(i)(2) of such title
is amended by adding at the end the following:
``(G) Employer outreach and commuter benefit
activities.--Proposed activities and strategies to
provide outreach to employers in the region to create
and expand alternative commuting and commuter benefit
programs (as such term is defined under section 330(l)
of title 23).''.
(2) Participation by interested parties.--Section
5303(i)(5)(B) of such title is amended--
(A) in clause (i) by striking ``and'' at the end;
(B) in clause (ii) by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(iii) shall identify employers and
transportation management organizations (as
such term is defined under section 330(l) of
title 23) that are within the boundaries of the
metropolitan planning organization and shall
include strategies developed to provide
outreach to such employers and organizations
and a plan to include the input of such
employers and organizations in the development
of the transportation plan.''.
(c) Metropolitan TIP.--
(1) Development.--Section 5303(j)(1) of such title is
amended by adding at the end the following:
``(E) Employer involvement.--The TIP shall be
developed in coordination with the applicable employer
advisory council established under subsection (q) and
shall include projects identified by such employer
advisory council.''.
(2) Contents.--Section 5303(j)(2)(A) of such title is
amended by striking the period at the end and inserting ``,
including projects identified by the commuter trip reduction
plan established under subsection (q).''.
(d) Employer Advisory Council.--Section 5303 of such title is
amended by adding at the end the following:
``(q) Employer Advisory Council.--
``(1) In general.--Each metropolitan planning organization
shall establish an employer advisory council consisting of
representatives of employers within the boundaries of the
metropolitan planning organization.
``(2) Transportation plan and tip review.--The employer
advisory council shall review how long-range transportation
plans and TIPs will affect commuting habits and shall develop a
plan to reduce trips relating to commuting to and from work in
accordance with paragraph (3).
``(3) Commuter trip reduction plan.--The employer advisory
council shall develop a commuter trip reduction plan that
shall--
``(A) identify commuting patterns;
``(B) develop regional goals to reduce vehicle
miles traveled during peak commuting hours;
``(C) develop a series of regional projects and
programs to achieve the goals established under
subparagraph (B);
``(D) identify existing employer-based commuting
alternatives programs in the region; and
``(E) identify proposed employer-based commuting
alternatives programs to be included in the
transportation plan under subsection (i) and TIP under
subsection (j).
``(4) Advisory council membership.--The employer advisory
council shall consist of not less than 15 representatives of
employers within the boundaries of the metropolitan planning
organization, which may include representatives of identified
transportation management organizations (as such term is
defined under section 330(l) of title 23) within such
boundaries. Employer advisory council members shall be selected
by the metropolitan planning organization and, to the extent
practicable, shall represent a diverse cross-section of
employers within the boundaries of the metropolitan planning
organization.
``(5) MPO membership.--The employer advisory council shall
designate one member from the council to be a member of the
metropolitan planning organization.''.
SEC. 3. EMPLOYER INVESTMENT IN TRANSPORTATION AND COMMUTER BENEFIT
PROGRAM.
(a) In General.--Chapter 3 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 330. Employer investment in transportation and commuter benefit
program
``(a) Purpose.--The purpose of this section is to--
``(1) engage employers in providing commuting alternatives
to employees, including carpooling, vanpooling, use of transit,
and teleworking;
``(2) leverage private investment with respect to
alternative commuting; and
``(3) reduce fuel consumption and provide energy
independence by providing commuters with options for commuting
to work other than driving in a vehicle occupied by a single
individual.
``(b) Establishment.--The Secretary shall establish and carry out
an employer investment in transportation and commuter benefit program
in accordance with this section.
``(c) Funding.--Before making an apportionment under section
104(b)(2) for a fiscal year, the Secretary shall set aside, from
amounts made available to carry out the congestion mitigation and air
quality improvement program under section 149 for such fiscal year,
$300,000,000 to carry out this section.
``(d) Apportionment.--
``(1) In general.--The Secretary shall apportion amounts
made available to carry out this section for a fiscal year
among the States in the same manner as amounts are apportioned
under section 104(b)(3)(A).
``(2) Minimum apportionment.--Notwithstanding paragraph
(1), each State shall receive a minimum of \1/2\ of 1 percent
of the funds apportioned under this subsection.
``(3) Set-asides.--Before making an apportionment under
paragraph (1) for a fiscal year, the Secretary shall set aside
not more than $3,000,000 of amounts made available to carry out
this section for such fiscal year for the administrative
expenses of the Secretary in carrying out this section.
``(e) Eligible Recipients and Projects.--
``(1) In general.--Amounts apportioned to a State under
this section shall be used to provide financial assistance to
State, regional, and local agencies and entities, including
employers and transportation management organizations, to
create and expand commuter benefit programs.
``(2) Limitation.--Amounts apportioned under this section
shall not be used--
``(A) to replace or discourage existing Federal,
State, local, or private investment in commuter benefit
programs; or
``(B) to compete against existing Federal, State,
local, or private commuter benefit programs.
``(f) Administration of Amounts.--
``(1) In general.--Amounts apportioned to a State under
this section shall be administered by the State's
transportation department or the designee of such department.
``(2) Coordination.--A State transportation department
shall coordinate activities carried out using amounts
apportioned under this section with appropriate local and
regional planning bodies, transportation management
organizations, and public transportation operators.
``(3) Technical assistance.--To the extent practicable, a
State transportation department administering amounts under
this section, in coordination with appropriate local and
regional planning bodies, transportation management
organizations, and public transportation operators, shall
provide technical assistance to employers and employer
organizations to assist in the creation and expansion of
commuter benefit programs under this section.
``(g) Information Clearinghouse.--
``(1) In general.--The Secretary shall make grants to a
national nonprofit organization engaged in efforts relating to
commuter benefit programs or another entity to--
``(A) establish and operate an information
clearinghouse for the employer investment in
transportation and commuter benefit program;
``(B) develop an information and educational
program with respect to the employer investment in
transportation and commuter benefit program; and
``(C) provide technical assistance and disseminate
techniques and strategies used by successful commuter
benefit programs.
``(2) Funding.--The Secretary shall carry out this
subsection with amounts set aside for administrative expenses
under subsection (d)(3).
``(h) Transferability and Federal Share.--
``(1) Transferability.--Funds made available to carry out
this section shall not be transferable and shall remain
available until expended.
``(2) Federal share.--
``(A) In general.--Except as provided under
subparagraph (B), the Federal share of the cost of a
project or activity under this section may not exceed
80 percent.
``(B) Exception.--If private investment is used for
any portion of the non-Federal share of the cost of a
project or activity under this section, the Federal
share of such cost may not exceed 90 percent.
``(i) Treatment of Projects.--Notwithstanding any other provision
of law, projects assisted under this section shall be treated as
projects on a Federal-aid system under chapter 1 of title 23.
``(j) Performance and Accountability.--
``(1) Statewide goals.--A State receiving funds apportioned
under this section, in coordination with metropolitan planning
organizations in the State, shall establish statewide goals for
achieving reductions in vehicle miles traveled through the
implementation of activities under this section.
``(2) Report to secretary.--Not later than one year after
the date of enactment of this section, and annually thereafter,
a State receiving funds apportioned under this section shall
submit to the Secretary a report describing--
``(A) the goals for reducing vehicle miles traveled
under this section for the following year;
``(B) how funds apportioned under this section were
utilized during the preceding year and the outcome of
such utilization; and
``(C) whether goals for reducing vehicle miles
traveled under this section were met for the preceding
year based on evaluations of activities under this
section.
``(k) Report to Congress.--Not later than March 30, 2013, the
Secretary shall submit to Congress a report describing--
``(1) the commuter benefit programs receiving assistance
under this section;
``(2) any reduction in vehicle miles traveled that has been
achieved as a result of such programs; and
``(3) whether States have been able to meet goals
established under subsection (j).
``(l) Definitions.--In this section, the following definitions
apply:
``(1) Transportation management organization.--The term
`transportation management organization' means a local,
regional, or statewide association of employers established for
the purpose of providing employees with commuting options.
``(2) Commuter benefit program.--The term `commuter benefit
program' means a program designed to provide employees with
alternatives to driving to and from work in a vehicle occupied
by a single individual, including--
``(A) carpool programs;
``(B) vanpool programs;
``(C) transit benefit programs;
``(D) parking cash-out programs;
``(E) shuttle programs;
``(F) telework programs; and
``(G) appropriate employer-based programs.''.
(b) Clerical Amendment.--The analysis for such chapter is amended
by adding at the end the following:
``330. Employer investment in transportation and commuter benefit
program.''.
SEC. 4. CONGESTION MITIGATION DURING PROJECT CONSTRUCTION.
Section 106 of title 23, United States Code, is amended by adding
at the end the following:
``(j) Congestion Mitigation Plan.--A recipient of Federal financial
assistance for a project under this title with an estimated total cost
of $100,000,000 or more or that will reduce traffic flow (as defined by
the Secretary) for more than 120 days shall prepare a congestion
mitigation plan for such project that includes funding for projects to
reduce peak hour vehicle miles traveled along the impacted corridor.
The recipient shall create the plan in coordination with the
appropriate employer advisory council established under section 5303(q)
of title 49 and the plan shall be made available to the Secretary for
review upon the request of the Secretary.''.
SEC. 5. MAJOR CAPITAL INVESTMENT GRANTS OF $75,000,000 OR MORE.
Section 5309(d) of title 49, United States Code, is amended--
(1) in paragraph (3)--
(A) by striking ``and'' at the end of subparagraph
(J);
(B) by redesignating subparagraph (K) as
subparagraph (L); and
(C) by inserting after subparagraph (J) the
following:
``(K) the ability of the grant recipient and the
partners of such recipient to work with employers to
get commuters to utilize the project; and'';
(2) by redesignating paragraph (6) as paragraph (7); and
(3) by inserting after paragraph (5) the following:
``(6) Employer outreach.--The Secretary shall require that
each entity submitting a request for a grant under this
subsection include with the request a plan for how the entity
intends to work with local employers and transportation
management organizations (as that term is defined in section
330(l) of title 23) to create or expand a commuter benefit
program (as that term is defined in such section) with respect
to the proposed project.''. | Commute LESS Act of 2009 or the Commute-Leveraging Employer Support and Successes Act of 2009 - Amends the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) to revise the composition of metropolitan planning organizations (MPOs) to include at least one representative designated by an employer advisory council established by this Act.
Revises contents of MPO transportation plans prepared for metropolitan planning areas to include proposed activities and strategies to provide outreach to employers in the region to create and expand alternative commuting and commuter benefit programs (i.e. carpools, transit benefit, and telework programs).
Requires each MPO to establish an employer advisory council consisting of representatives of employers within the MPO's boundaries.
Requires an MPO transportation improvement program (TIP) to be developed in coordination with the advisory council and to include projects identified by it.
Requires the advisory council to: (1) review how long-range transportation plans and TIPs will affect commuting habits; and (2) develop a commuter trip reduction plan.
Directs the Secretary of Transportation to create and expand employer investment in transportation and commuter benefit programs. Requires a state receiving funding, in coordination with MPOs, to establish statewide goals for achieving reductions in vehicle miles traveled.
Requires a recipient receiving federal-aid highway funding for a project with a value of $100 million or more or that will reduce traffic flow for more than 120 days to prepare, in coordination with the advisory council, a congestion mitigation plan for the project that includes funding for projects that reduce peak hour vehicle miles traveled along an impacted corridor.
Requires the Secretary, when approving a major capital investment grant of $75 million or more for a major new fixed guideway capital project, to consider, among other things, the ability of the grant recipient to work with employers to get commuters to utilize the project. Directs the Secretary to require the grant applicant to include in its request a plan on how it intends to work with local employers and transportation management organizations to create and expand a commuter benefit program for the project. | {"src": "billsum_train", "title": "To amend titles 23 and 49, United States Code, to enhance employer involvement in transportation planning and to create and expand commuter benefit programs, and for other purposes."} | 3,098 | 479 | 0.572841 | 2.000757 | 0.751254 | 3.305 | 6.9775 | 0.88 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Broadband Antitrust Restoration and
Reform Act''.
SEC. 2. AMENDMENT TO THE CLAYTON ACT.
The Clayton Act (15 U.S.C. 12 et seq.) is amended by adding at the
end the following:
``SEC. 28. COMPETITION IN TELECOMMUNICATIONS SERVICES.
``(a) Application Prerequisite To Providing High Speed Data Service
or Internet Backbone Service; Attorney General Reinstatement of Pro-
Competitive Regulations.--
``(1) Requirement to file application with attorney general
of the united states.--A Bell operating company or an affiliate
of a Bell operating company may not provide any interLATA
service in any of its in-region States under the authority of
any amendment to section 271 of the Communications Act of 1934
(47 U.S.C. 271) enacted after June 13, 2001--
``(A) unless it files with the Attorney General of
the United States an application to provide such
service; and
``(B) until the Attorney General--
``(i) approves such application before the
expiration of the 90-day period beginning on
the date such application is filed; or
``(ii) fails to approve or to disapprove
such application during such 90-day period.
``(2) Authority of attorney general.--The Attorney General
of the United States--
``(A) may issue rules to establish requirements
applicable to the form and contents of applications
filed under paragraph (1);
``(B) may make recommendations to an applicant
regarding--
``(i) withdrawal of an application filed
under paragraph (1); or
``(ii) filing of an application under
paragraph (1), with or without modifications,
subsequent to the withdrawal of an application
filed under such paragraph; and
``(C) may not approve an application filed in
compliance with this subsection if the Attorney General
determines that the applicant--
``(i) has monopoly power in the local
exchange market; and
``(ii) is using or is likely to use its
monopoly power in order to engage in
exclusionary or other anticompetitive conduct.
``(3) Withdrawal of application.--An application filed
under paragraph (1) may be withdrawn by the applicant at any
time before the Attorney General approves or disapproves such
application, but may not be modified after being filed.
``(4) Reinstatement of regulation.--If the Attorney
General, sua sponte, determines that the conditions specified
in paragraph (2)(C) have been met with respect to a Bell
operating company or an affiliate of a Bell operating company,
then the Attorney General may reinstate, as to such company or
such affiliate, any Federal regulation in effect as of June 13,
2001, which the Attorney General determines was designed to
protect against exclusionary conduct or other abusive monopoly
power.
``(5) Exclusion.--Nothing in this subsection shall apply to
two-percent carriers.
``(b) Continuing Operation of the Antitrust Laws.--The rights,
obligations, powers, and remedies provided under the antitrust laws are
in addition to, and are--
``(1) not preempted by;
``(2) not inconsistent with; and
``(3) not incompatible with;
any of the rights, obligations, powers, and remedies provided under the
Communications Act of 1934 (47 U.S.C. 151 et seq.), under the
Telecommunications Act of 1996 (Public Law 104-104; 110 Stat. 56), or
under any law amended by either such Act, regardless of the progress of
competition in any market.
``(c) Definitions.--For purposes of this section:
``(1) Affiliate.--The term `affiliate' means a person that
(directly or indirectly) owns or controls, is owned or
controlled by, or is under common ownership or control with,
another person. For purposes of this paragraph, the term `own'
means to own an equity interest (or equivalent thereof) of more
than 10 percent.
``(2) Bell operating company.--The term `Bell operating
company' has the meaning given such term in section 3 of the
Communications Act of 1934 (47 U.S.C. 153).
``(3) In-region state.--The term `in-region State' has the
meaning given to such term in section 271(i) of the
Communications Act of 1934 (47 U.S.C. 271(i)).
``(4) InterLATA service.--The term `interLATA service' has
the meaning given such term in section 3 of the Communications
Act of 1934 (47 U.S.C. 153).
``(5) Two-percent carrier.--The term `two-percent carrier'
means an incumbent local exchange carrier within the meaning of
section 251(h) of the Communications Act (47 U.S.C. 254(h))
whose access lines, when aggregated with the access lines of
any local exchange carrier that such incumbent local exchange
carrier directly or indirectly controls, is controlled by, or
is under common control with, are fewer than two percent of the
Nation's subscriber lines installed in the aggregate
nationwide.''. | Broadband Antitrust Restoration and Reform Act - Amends the Clayton Act to prohibit a Bell operating company (BOC) or an affiliate thereof from providing interLATA service in any of its in-region States under the authority of any amendment to the Communications Act of 1934 enacted after June 13, 2001: (1) unless it files with the Attorney General an application to provide such service; and (2) until the Attorney General either approves or fails to act on such application within 90 days.Authorizes the Attorney General to issue rules to establish requirements applicable to the form and contents of applications, and to make recommendations regarding withdrawal of applications or the filing of an application subsequent to withdrawal.Prohibits the Attorney General from approving an application upon determining that the applicant: (1) has monopoly power in the local exchange market; and (2) is using or is likely to use its monopoly power in order to engage in exclusionary or other anti-competitive conduct. Authorizes the Attorney General, upon making such determination, to reinstate with respect to such applicant any Federal regulation in effect as of June 13, 2001, which the Attorney General determines was designed to protect against exclusionary conduct or other abusive monopoly power. | {"src": "billsum_train", "title": "To ensure the application of the antitrust laws to local telephone monopolies, and for other purposes."} | 1,165 | 258 | 0.727022 | 2.195103 | 1.082624 | 4.586957 | 4.608696 | 0.926087 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Airline Passenger Bill of Rights Act
of 1999''.
SEC. 2. AIRLINE PASSENGER PROTECTION.
(a) In General.--Subchapter I of chapter 417 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 41716. Air carrier passenger protection
``(a) Use of Single Flight Number.--No air carrier may use a single
flight number to denote a flight that the air carrier knows will
involve a change in aircraft between segments of the flight.
``(b) Delay, Cancellation, or Diversion.--
``(1) Explanation required.--An announcement by an air
carrier of (A) a delay or cancellation of a flight, or (B) a
diversion of a flight to an airport other than the airport at
which the flight is scheduled to land, shall include an
explanation of the reason or reasons for the delay,
cancellation, or diversion.
``(2) Prohibition on false or misleading explanations.--No
air carrier shall provide an explanation under paragraph (1)
that the air carrier knows or has reason to know is false or
misleading.
``(c) Excessive Departure and Arrival Delay.--
``(1) Liability imposed.--An air carrier shall be liable to
each passenger on an aircraft for an excessive departure or
arrival delay of the aircraft.
``(2) Amount of liability.--
``(A) Delays of more than 2 but less than 3
hours.--If the excessive departure or arrival delay is
more than 2 but less than 3 hours, the amount of
liability under paragraph (1) shall be 200 percent of
the price paid by the passenger for transportation by
the air carrier.
``(B) Delays of 3 hours or more.--If the excessive
departure or arrival delay is 3 hours or more, the
amount of liability under paragraph (1) shall be--
``(i) the amount determined under
subparagraph (A), plus
``(ii) an additional 100 percent of the
price paid by the passenger for such
transportation multiplied by the number of
hours (or portion thereof) that such period
exceeds 3 hours.
``(3) Excessive departure or arrival delay.--In paragraph
(1), the term `excessive departure or arrival delay' means a
period of time in excess of 2 hours--
``(A) in the case of departure delay, beginning
when the door of an aircraft is closed at an airport
and ending when the aircraft takes off from the airport
or when the door of the aircraft is open for deplaning
of passengers at the airport; and
``(B) in the case of arrival delay, beginning upon
touchdown of an aircraft at an airport and ending when
the door of the aircraft is open for deplaning of
passengers at the airport.
``(4) Departure delays caused by air traffic control
directives.--Notwithstanding paragraph (3), a departure delay
in excess of 2 hours shall not be treated as an excessive
departure delay for purposes of paragraph (1) if the
Administrator of the Federal Aviation Administration determines
that the departure delay was the result of an air traffic
control directive and that the carrier did not receive
notification that it would receive such directive prior to the
scheduled departure time of the flight.
``(d) Economic Cancellations.--
``(1) Nonsafety cancellations.--If, on the date a flight of
an air carrier is scheduled, the carrier cancels the flight for
reasons other than safety, the carrier shall provide to each
passenger that has purchased air transportation on the flight--
``(A) air transportation in a timely manner to the
destination for which such passenger purchased the air
transportation; and
``(B) a refund of the amount paid for the air
transportation.
``(2) Patterns of practice.--
``(A) Notification of secretary.--If an air carrier
cancels a flight, the air carrier shall submit to the
Secretary of Transportation, in writing before the 30th
day following the date of cancellation of the flight,
the following information with respect to the flight:
``(i) The flight number.
``(ii) The date and scheduled time of
departure of the flight.
``(iii) The percentage of seats on the
flight that would have been filled, as of the
date of cancellation, if the flight was not
canceled.
``(B) Periodic reviews.--The Secretary shall
periodically review information submitted under
subparagraph (A) by each air carrier to determine if
there is a pattern of the air carrier canceling a
specific flight or canceling flights that are
undersold.
``(C) Investigation.--If the Secretary determines
under subparagraph (B) that there is a pattern of an
air carrier canceling a specific flight or canceling
flights that are undersold, the Secretary shall conduct
an investigation to determine whether the air carrier
is canceling the flight or flights for reasons other
than safety.
``(D) Restitution.--If, as a result of an
investigation under subparagraph (C), the Secretary
determines that a flight is canceled by an air carrier
for reasons other than safety, the carrier shall
provide a refund to each passenger who purchased air
transportation for that flight equal to the amount they
paid for that air transportation even if the carrier
provided the air transportation to those passengers.
``(E) Undersold defined.--In this section, a flight
of an air carrier is undersold as of a certain date if
70 percent or more of the seats on the flight are not
purchased on or before such date.
``(3) Limitation on cancellations for reasons other than
safety.--In this subsection, a flight shall not be treated as
being canceled for reasons other than safety if the flight is
canceled because of, among other things, an insufficient number
of crew, weather, or mechanical problems that prevent the safe
operation of the flight or prevent the flight from operating in
accordance with regulations of the Federal Aviation
Administration.
``(e) Lost Baggage.--If an air carrier finds baggage or property
that has on it the name of an individual, the carrier shall make a good
faith effort to find the individual and return the baggage or property
to the individual.
``(f) Limitation on Security Screenings.--No air carrier or airport
may conduct or have conducted a security procedure at an airport in a
manner that results in a child under 2 years of age being separated
from the child's parent or guardian without the consent of the parent
or guardian.
``(g) Code Sharing.--No air carrier, foreign air carrier, or ticket
agent may sell air transportation in the United States for a flight
that bears a designator code of a carrier other than the carrier that
will provide the air transportation unless the air carrier, foreign air
carrier, or ticket agent selling the air transportation first informs
the person purchasing the air transportation that the carrier providing
the air transportation will be a carrier other than the carrier whose
designator code is used to identify the flight.
``(h) Air Carrier Pricing Policies.--An air carrier may not--
``(1) prohibit a person (including a governmental entity)
that purchases air transportation from only using a portion of
the air transportation purchased (including using the air
transportation purchased only for 1-way travel instead of
round-trip travel); and
``(2) assess an additional fee on or charge to--
``(A) such a person; or
``(B) any ticket agent that sold the air
transportation to such person.
``(i) Frequent Flyer Awards.--Upon request of any person (including
a governmental entity), an air carrier shall disclose the number or
percentage of seats that the carrier intends to make available on a
specific date for use by a person redeeming an award under a frequent
flyer program of the carrier on any route in air transportation
provided by the carrier.
``(j) Regulations.--The Secretary may issue regulations to carry
out this section.''.
(b) Conforming Amendment.--The table of sections for such title is
amended by inserting after the item relating to section 41715 the
following:
``41716. Air carrier passenger protection.''.
SEC. 3. CIVIL PENALTIES.
Section 46301(a) of title 49, United States Code, is amended--
(1) in paragraph (6) by inserting ``Maximum penalty for
violations relating to air service termination notices.--''
before ``Notwithstanding'';
(2) by aligning paragraph (6) with paragraph (5) of such
section; and
(3) by adding at the end the following:
``(7) Maximum penalty for violations relating to single
flight number requirement.--Notwithstanding paragraph (1), the
maximum civil penalty for an air carrier violating section
41716(a) with respect to a flight of an air carrier shall be an
amount determined by multiplying the maximum amount of a civil
penalty under paragraph (1) by the number of passengers on the
flight.
``(8) Maximum penalty for violations relating to
explanations of delays, cancellations, and diversions.--
Notwithstanding paragraph (1), the maximum civil penalty for an
air carrier violating section 41716(b) with respect to a flight
of an air carrier shall be an amount determined by multiplying
the maximum amount of a civil penalty under paragraph (1) by
the number of passengers who paid for transportation on the
flight.''.
SEC. 4. UNACCOMPANIED CHILDREN.
(a) Study.--The Secretary of Transportation shall conduct a study
to determine if air carriers are providing, during changes of planes, a
level of supervision of unaccompanied children under 12 years of age
that is sufficient to ensure the safety of such children.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall transmit to Congress a report containing
the results of the study conducted under this section. | Airline Passenger Bill of Rights Act of 1999 - Amends Federal aviation law to prohibit: (1) an air carrier from using a single flight number to denote a flight that it knows will involve a change in aircraft between flight segments; (2) an air carrier from providing an explanation of the reason for the delay or cancellation of a flight, or diversion of a flight to another airport, that it knows or has reason to know is false or misleading; (3) an air carrier or airport from conducting, or having conducted, a security procedure at an airport in a manner that results in a child under two years of age being separated from the child's parent or guardian without the consent of the parent or guardian; (4) an air carrier, foreign air carrier, or ticket agent from selling air transportation in the United States for a flight that bears a designator code of a carrier other than the carrier that will provide the air transportation unless they first inform the person purchasing the air transportation that the air carrier providing the air transportation will be a carrier other than the carrier whose designator code is used to identify the flight; and (5) an air carrier from prohibiting a person (including a governmental entity) that purchases air transportation from only using a portion of the air transportation purchased (including using the air transportation purchased only for one-way travel instead of round-trip travel), and from assessing an additional fee on or charge to such person or any ticket agent that sold the air transportation to such person.
(Sec. 2) Requires an announcement by an air carrier of a delay or cancellation of a flight, or a diversion of a flight to an airport other than the airport at which the flight is scheduled to land, to include an explanation of the reason for such delay, cancellation, or diversion.
Makes an air carrier liable to each aircraft passenger for an excessive departure or arrival delay of the aircraft.
Requires an air carrier that cancels a flight on the date it is scheduled for reasons other than safety to provide each passenger air transportation in a timely manner to the destination for which such passenger purchased the air transportation and a refund of the amount paid for air transportation.
Requires an air carrier that finds baggage or property that has on it the name of an individual to make a good faith effort to find and return it to the individual.
Requires an air carrier, upon request of any person (including a governmental entity), to disclose the number or percentage of seats that the carrier intends to make available on a specific date for use by a person redeeming an award under a frequent flyer program on any air transportation route provided by the carrier.
(Sec. 3) Sets forth penalties for violations committed under this Act.
(Sec. 4) Directs the Secretary of Transportation to conduct a study, and report the results to Congress, to determine if air carriers are providing, during changes of planes, a level of supervision of unaccompanied children under 12 years of age that is sufficient to ensure the safety of such children. | {"src": "billsum_train", "title": "Airline Passenger Bill of Rights Act of 1999"} | 2,208 | 664 | 0.626783 | 1.834024 | 0.575453 | 5.966667 | 3.431667 | 0.966667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Staffing for Adequate Fire and
Emergency Response Firefighters Act of 2002''.
SEC. 2. PURPOSE.
The purpose of this Act is to substantially increase the number of
firefighters so that communities can meet industry minimum standards to
provide adequate protection from acts of terrorism and hazards by
establishing a program of grants to provide direct funding to local,
State and tribal jurisdictions for salaries and benefits to further
this objective, including an authorization for a period of 7 years.
SEC. 3. OFFICE OF GRANT MANAGEMENT.
The Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201
et seq.) is amended by adding at the end the following new section:
``SEC. 34. OFFICE OF GRANT MANAGEMENT.
``(a) Establishment.--A new office within the United States Fire
Administration shall be established to administer the SAFER Firefighter
grant program under this section.
``(b) Authority To Make Grants.--
``(1) The Administrator may make grants to States, units of
local government, Indian tribal governments, other public
entities, and multijurisdictional or regional consortia thereof
to increase career firefighter presence and enhance their
ability to save lives, property, and effectively respond to all
types of emergencies.
``(2)(A) Grants made under paragraph (1) shall be for three
years and used for programs to hire new, additional career
firefighters.
``(B) Grantees are required to commit to retaining for at
least 1 year beyond the termination of their grants those
career firefighters hired under paragraph (1).
``(3) In awarding grants under this section, the
Administrator may give preferential consideration, where
feasible, to applications for hiring and rehiring additional
career firefighters that involve a non-Federal contribution
exceeding the 25 percent minimum under paragraph (6).
``(4) The Administrator may provide technical assistance to
States, units of local government, Indian tribal governments,
and to other public entities, in furtherance of the purposes of
the SAFER Firefighter Act of 2002.
``(5) Unless all applications submitted by any State and
grantee within the State pursuant to paragraph (1) have been
funded, each qualifying State, together with grantees within
the State, shall receive in each fiscal year pursuant to
paragraph (1) not less than 0.5 percent of the total amount
appropriated in the fiscal year for grants pursuant to that
paragraph. In this paragraph, `qualifying State' means any
State which has submitted an application for a grant, or in
which an eligible entity has submitted an application for a
grant, which meets the requirements prescribed by the
Administrator and the condition set out in this section.
``(6) The portion of the costs of a program, project, or
activity provided by a grant under paragraph (1) may not exceed
75 percent, unless the Administrator waives, wholly or in part,
the requirement under this paragraph of a non-Federal
contribution to the costs of a program, project, or activity.
``(7) The authority under paragraph (1) of this section to
make grants for the hiring of additional career firefighters
shall lapse at the conclusion of 10 years from the date of
enactment of this section. Prior to the expiration of this
grant authority, the Administrator shall submit a report to
Congress concerning the experience with and effects of such
grants. The report may include any recommendations the
Administrator may have for amendments to this section and
related provisions of law in light of the termination of the
authority to make grants for the hiring and rehiring of
additional career firefighters.
``(c) Applications.--
``(1) No grant may be made under this section unless an
application has been submitted to, and approved by, the
Administrator.
``(2) An application for a grant under this section shall
be submitted in such form, and contain such information, as the
Administrator may prescribe by regulation or guidelines.
``(3) In accordance with the regulations or guidelines
established by the Administrator, each application for a grant
under this section shall--
``(A) include a long-term strategy and detailed
implementation plan that reflects consultation with
community groups and appropriate private and public
agencies and reflects consideration of the statewide
strategy;
``(B) explain the applicant's inability to address
the need without Federal assistance;
``(C) outline the initial and ongoing level of
community support for implementing the proposal
including financial and in-kind contributions or other
tangible commitments;
``(D) specify plans for obtaining necessary support
and continuing the proposed program, project, or
activity following the conclusion of Federal support;
and
``(E) provide assurances that the applicant will,
to the extent practicable, seek, recruit, and hire
members of racial and ethnic minority groups and women
in order to increase their ranks within firefighting.
``(4) Notwithstanding any other provision of this section,
in relation to applications under this section of units of
local government or fire districts having jurisdiction over
areas with populations of less than 50,000, the Administrator
may waive 1 or more of the requirements of paragraph (3) and
may otherwise make special provisions to facilitate the
expedited submission, processing, and approval of such
applications.
``(d) Limitation on Use of Funds.--
``(1) Funds made available under this section to States or
units of local government for salaries and benefits to hire
new, additional career firefighters shall not be used to
supplant State or local funds, or, in the case of Indian tribal
governments, funds supplied by the Bureau of Indian Affairs,
but shall be used to increase the amount of funds that would,
in the absence of Federal funds received under this section, be
made available from State or local sources, or in the case of
Indian tribal governments, from funds supplied by the Bureau of
Indian Affairs.
``(2)(A) States and units of local government may use
assets received through the Assets Forfeiture equitable sharing
program to provide the non-Federal share of the cost of
programs, projects, and activities funded under this section.
``(B) Funds appropriated by the Congress for the activities
of any agency of an Indian tribal government or the Bureau of
Indian Affairs performing firefighting functions on any Indian
lands may be used to provide the non-Federal share of the cost
of programs or projects funded under this section.
``(3)(A) Funding provided for hiring a career firefighter
may not exceed $90,000, unless the Administrator grants a
waiver from this limitation.
``(B) $90,000 cap shall be adjusted for inflation beginning
in fiscal year 2003.
``(e) Performance Evaluation.--
``(1) Each program, project, or activity funded under this
section shall contain a monitoring component, developed
pursuant to guidelines established by the Administrator. The
monitoring required by this subsection shall include systematic
identification and collection of data about activities,
accomplishments, and programs throughout the life of the
program, project, or activity and presentation of such data in
a usable form.
``(2) Selected grant recipients shall be evaluated on the
local level or as part of a national evaluation, pursuant to
guidelines established by the Administrator. Such evaluations
may include assessments of individual program implementations.
In selected jurisdictions that are able to support outcome
evaluations, the effectiveness of funded programs, projects,
and activities may be required.
``(3) The Administrator may require a grant recipient to
submit to the Administrator the results of the monitoring and
evaluations required under paragraphs (1) and (2) and such
other data and information as the Administrator deems
reasonably necessary.
``(f) Revocation or Suspension of Funding.--If the Administrator
determines, as a result of the reviews required by subsection (e), or
otherwise, that a grant recipient under this section is not in
substantial compliance with the terms and requirements of an approved
grant application submitted under subsection (c), the Administrator may
revoke or suspend funding of that grant, in whole or in part.
``(g) Access to Documents.--
``(1) The Administrator shall have access for the purpose
of audit and examination to any pertinent books, documents,
papers, or records of a grant recipient under this section and
to the pertinent books, documents, papers, or records of State
and local governments, persons, businesses, and other entities
that are involved in programs, projects, or activities for
which assistance is provided under this section.
``(2) Paragraph (1) shall apply with respect to audits and
examinations conducted by the Comptroller General of the United
States or by an authorized representative of the Comptroller
General.
``(h) General Regulatory Authority.--The Administrator may
promulgate regulations and guidelines to carry out this section.
``(i) Definitions.--In this section--
``(1) `firefighter' has the same meaning as the phrase
`employee in fire protection activities' which is defined in
section 3 of the Fair Labor Standards Act (29 U.S.C. 203(y));
and
``(2) `Indian tribe' means a tribe, band, pueblo, nation,
or other organized group or community of Indians, including an
Alaska Native village (as defined in or established under the
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)),
that is recognized as eligible for the special programs and
services provided by the United States to Indians because of
their status as Indians.
``(j) Authorization of Appropriations.--
``There are authorized to be appropriated for the purposes of
carrying out this section--
``(1) $1,000,000,000 for fiscal year 2002;-
``(2) $1,030,000,000 for fiscal year 2003;
``(3) $1,061,000,000 for fiscal year 2004;
``(4) $1,093,000,000 for fiscal year 2005;
``(5) $1,126,000,000 for fiscal year 2006;
``(6) $1,159,000,000 for fiscal year 2008; and
``(7) $1,194,000,000 for fiscal year 2009.''. | Staffing for Adequate Fire and Emergency Response Firefighters Act of 2002 - Amends the Federal Fire Prevention and Control Act of 1974 to require the establishment of a new office within the United States Fire Administration to administer the Staffing for Adequate Fire and Emergency Response (SAFER) Firefighter grant program under this Act.Authorizes the U.S. Fire Administrator to make grants to States, local governments, Indian tribal governments, other public entities, and multijurisdictional or regional consortia thereof to increase career firefighter presence and enhance their ability to save lives, property, and effectively respond to all types of emergencies.Limits such grants to three years and their use for programs to hire new, additional career firefighters. Requires grantees to commit to retaining such career firefighters for at least one year beyond the termination of their grants. | {"src": "billsum_train", "title": "To establish the SAFER Firefighter Grant Program."} | 2,172 | 187 | 0.68187 | 1.778952 | 0.837809 | 5.209459 | 14.371622 | 0.952703 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Brian Tally VA Medical Care and
Liability Improvement Act''.
SEC. 2. ACCOUNTABILITY OF HEALTH CARE PROVIDERS AT FACILITIES OF THE
DEPARTMENT OF VETERANS AFFAIRS.
(a) Treatment of Contractors Under Federal Tort Claims Laws.--
Section 7316 of title 38, United States Code, is amended by adding at
the end the following new subsection:
``(g)(1) For purposes of this section, an individual who is not an
employee of the Federal Government but who is authorized by the
Secretary to provide health care or treatment at a facility of the
Department pursuant to a contract or other agreement shall be treated
as if the individual were a health care employee of the Administration
with respect to the health care or treatment furnished by that
individual in such a facility of the Department.
``(2) If an individual described in paragraph (1) is the defendant
employee of a civil action or proceeding pursuant to this section, any
claim of that individual for benefits under an insurance policy with
respect to medical malpractice relating to such civil action or
proceeding shall be subrogated to the United States.
``(3)(A) If an individual described in paragraph (1) is the
defendant employee of at least three separate covered cases during a
five-year period, the Secretary--
``(i) shall revoke the individual's authorization to
provide health care or treatment at a facility of the
Department; and
``(ii) may not enter into any contract or agreement that
authorizes the individual to provide health care or treatment
at a facility of the Department.
``(B) In this paragraph, the term `covered case' means--
``(i) a civil action or proceeding pursuant to this section
that resulted in a judgment against the United States; or
``(ii) such an action or proceeding that the United States
compromises or settles and the Secretary determines should be
treated as a covered case for purposes of this paragraph.''.
(b) Notifications and Outreach Regarding Federal Tort Claims.--Such
section, as amended by subsection (a), is further amended by adding at
the end the following new subsections:
``(h) Not later than 30 days following the date on which a judgment
is entered against the United States in a civil action or proceeding
pursuant to this section, the Secretary shall notify the following
entities with respect to such judgment:
``(1) The appropriate licensing entity of each State in
which a defendant employee is licensed as a health care
professional.
``(2) The National Practitioner Data Bank established
pursuant to the Health Care Quality Improvement Act of 1986 (42
U.S.C. 11101 et seq.).
``(i) The Secretary shall publish in a clear and conspicuous manner
on the internet website of the Department an explanation of the rights
of an individual under this section, including--
``(1) an explanation of the procedure to file an
administrative claim pursuant to section 515 of this title or
section 2675 of title 28;
``(2) the circumstances under which an individual may file
a civil action or proceeding pursuant to this section; and
``(3) time limits that can bar recovery under this
section.''.
(c) Accountability of Physicians of the Department.--Section 7461
of such title is amended--
(1) in subsection (a), by adding at the end the following
new sentence: ``The Under Secretary shall bring such charges
based on professional conduct or competence against a section
7401(1) employee who is the defendant employee of at least
three separate civil actions or proceedings pursuant to section
7316 of this title that, within a five-year period--
``(1) resulted in a judgment against the United States; or
``(2)(A) were compromised or settled by the United States;
and
``(B) the Secretary determines should be counted under this
sentence for purposes of bringing such charges.''; and
(2) in subsection (c)(3), by adding at the end the
following new subparagraph:
``(C) The provision of care subject to a
civil action or proceeding pursuant to section
7316 of this title that--
``(i) resulted in a judgment
against the United States; or
``(ii) is compromised or settled by
the United States and the Secretary
determines such care should be covered
by this paragraph.''.
(d) Applicability.--The amendments made by this section shall take
effect with respect to actions or omissions covered under section 7316
of title 38, United States Code, occurring on or after the date of the
enactment of this Act. | Brian Tally VA Medical Care and Liability Improvement Act This bill subjects independent contractors of the Department of Veterans Affairs (VA) who provide medical care to veterans at VA facilities to the same federal tort laws for medical malpractice that apply to VA health care personnel. An insurance claim for malpractice benefits by a contractor-defendant shall be subrogated to the United States. The VA shall: (1) revoke the authorization to provide VA care of a contractor who has been the defendant in at least three cases during a five-year period that resulted in a judgment or settlement against the United States, and (2) bring an adverse action against certain VA health care personnel for similar reasons. | {"src": "billsum_train", "title": "Brian Tally VA Medical Care and Liability Improvement Act"} | 1,038 | 143 | 0.539617 | 1.558618 | 0.759414 | 2.333333 | 7.409091 | 0.863636 |
SECTION 1. CREDIT FOR PAYMENTS OR CONTRIBUTIONS TO CERTAIN COOPERATIVE
RESEARCH ORGANIZATIONS.
(a) Allowance of Research Credit.--Section 41(a) of the Internal
Revenue Code of 1986 (relating to credit for increasing research
activities) is amended by striking ``and'' at the end of paragraph (1),
by striking the period at the end of paragraph (2) and inserting ``,
and'', and by adding at the end the following new paragraph:
``(3) 50 percent of the qualified cooperative research
expenditures (as defined in subsection (h)) for the taxable
year.
(b) Qualified Cooperative Research Expenditures Defined.--Section
41 of such Code is amended by redesignating subsection (h) as
subsection (i) and by adding after subsection (g) the following new
subsection:
``(h) Qualified Cooperative Research Expenditures.--For purposes of
this section--
``(1) In general.--The term `qualified cooperative research
expenditures' means the aggregate amount of qualified
contributions to qualified cooperative research consortia for
qualified research.
``(2) Qualified contributions.--For purposes of this
subsection--
``(A) In general.--Subject to the limitations of
subparagraphs (B), (C), and (D), the term `qualified
contributions' means all contributions to qualified
cooperative research consortia for qualified research
with respect to which the taxpayer elects to have this
subsection apply.
``(B) Private source funding limitation.--
``(i) In general.--Qualified contributions
of a taxpayer shall not exceed the amount which
bears the same ratio to qualified contributions
(determined without regard to this
subparagraph) as the private source funding
ratio.
``(ii) Private source funding ratio.--For
purposes of clause (i), the private source
funding ratio is the sum of--
``(I) 50 percent of the ratio which
the gross receipts of the organization
(not including the amount of any
governmental support) for the preceding
taxable year bears to the total gross
receipts of the organization for such
taxable year, plus
``(II) 30 percent of such ratio for
the second preceding taxable year, plus
``(III) 20 percent of such ratio
for the third preceding taxable year.
``(C) Limitations.--For purposes of this
subsection, the following shall not be taken into
account in determining qualified contributions:
``(i) Contributions representing costs
allocated to services performed by a taxpayer's
employees to the extent they exceed cash
contributions.
``(ii) Contributions representing overhead
allocated to services performed by a taxpayer's
employees to the extent such overhead exceeds
25 percent of the salary and benefit amounts
allocated to such services.
``(iii) Contributions by a taxpayer to a
qualified cooperative research consortium to
the extent they exceed one-third of the
consortium's total nongovernmental support for
the consortium's taxable year with or within
which the taxpayer's taxable year ends.
``(D) Consortium with fewer than 5 participants.--
If a qualified cooperative research consortium has less
than 5 persons making nongovernmental contributions,
the qualified contributions of each such person
(determined without regard to this subparagraph or
subparagraph (B)) shall be reduced--
``(i) by 20 percent if there are 4 such
persons, or
``(ii) by 40 percent if there are 3 such
persons.
``(3) Qualified cooperative research consortium.--The term
`qualified cooperative research consortium' means any
organization--
``(A) which is registered under the National
Cooperative Research Act of 1984, but only if such
registration has been published (and is in effect) on
the last day of the organization's taxable year with or
within which the taxpayer's taxable year ends, and
``(B) which during such taxable year--
``(i) had at least 5 contributors, but only
if--
``(I) no 3 members contributed more
than 80 percent of total
nongovernmental contributions, and
``(II) no single member contributed
more than 50 percent of total
nongovernmental contributions, or
``(ii) had either 3 or 4 contributors, but
only if--
``(I) no single member contributed
more than 50 percent (and no 2 members
contributed more than 85 percent) of
the total nongovernmental
contributions, and
``(II) the contributors are engaged
in the same trade or business.
``(4) Special rules.--For purposes of this subsection--
``(A) Noncash contributions.--Qualified
contributions other than cash (including services
provided by a taxpayer's employees) shall be taken into
account at their cost (or such other basis determined
under regulations).
``(B) Overhead.--The cost of services provided by a
taxpayer's employees shall include overhead properly
allocable to such services.
``(5) No double benefit.--Amounts taken into account under
this subsection in computing qualified cooperative research
expenditures shall not be taken into account under subsection
(a) (1) or (2).
``(6) Prepaid amounts.--If any contributions paid or
incurred during the taxable year to qualified cooperative
research consortia are attributable to qualified research to be
conducted after the close of the taxable year, such amount
shall be treated as paid or incurred during the period which
the qualified research is conducted.
``(7) Reports.--Each qualified cooperative research
consortium shall provide to the Secretary a report containing--
``(A) its certification as such an organization,
``(B) its private source funding ratio, and
``(C) such other information as the Secretary may
require.
Each consortium shall provide a copy of the report to each
contributor.''
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of enactment of this
Act. | Amends the Internal Revenue Code to allow a tax credit for a percentage of contributions to qualified cooperative research organizations for qualified cooperative research expenditures. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to allow a credit for payments or contributions to certain cooperative research organizations, and for other purposes."} | 1,331 | 32 | 0.595988 | 1.332639 | 0.158244 | 2.153846 | 46.923077 | 0.846154 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Supportive Communities Helping Offer
Opportunities for Learning Act of 2005'' or as the ``SCHOOL Act of
2005''.
SEC. 2. ESTABLISHMENT OF SUPPORTIVE COMMUNITIES HELPING OFFER
OPPORTUNITIES FOR LEARNING PROGRAM.
(a) In General.--The Secretary of Education shall establish a
program to be known as the ``Supportive Communities Helping Offer
Opportunities for Learning Program'' or as the ``SCHOOL Program''.
(b) Certification of Scholarship Granting Organizations.--
(1) In general.--The Secretary of Education may certify an
organization as a scholarship granting organization
participating in the SCHOOL Program if such organization meets
all of the following requirements:
(A) Notifies the Secretary of its intent to provide
educational scholarships for eligible students
attending qualified schools.
(B) Demonstrates to the Secretary that it 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.
(C) Provides a receipt to taxpayers for
contributions made to the organization.
(D) Ensures that at least 90 percent of its annual
receipts are spent on educational scholarships, and
that all receipts from interest or investments is spent
on educational scholarships.
(E) Spends each year a portion of its expenditures
on scholarships for low-income eligible students equal
to the percentage of low-income eligible students in
the county where the organization expends the majority
of its scholarships.
(F) Ensures that at least 30 percent of first time
recipients of educational scholarships were not
continuously enrolled in a private elementary or
secondary school during the previous year.
(G) Distributes periodic scholarship payments as
checks made out to a student's parent or guardian and
mailed to the qualified school where the student is
enrolled.
(H) Cooperates with the Secretary in conducting
criminal background checks on all of its employees and
board members and excluding from employment or
governance any individual that might reasonably pose a
risk to the appropriate use of contributed funds.
(I) Ensures that scholarships are portable during
the school year and can be used at any qualified school
that accepts the student according to a parent's
wishes.
(J) Ensures that if a student moves to a new
qualified school during a school year, the scholarship
amount may be prorated.
(K) Demonstrates its financial accountability by--
(i) submitting a financial information
report for the organization that complies with
uniform financial accounting standards
established by the Secretary and that has been
conducted by a certified public accountant; and
(ii) having an auditor certify that the
report is free of material misstatements.
(L) Demonstrates its financial viability, if the
organization is to receive donations of $50,000 or more
during any school year (as determined by the
Secretary), by--
(i) filing with the Secretary prior to the
start of the school year a surety bond payable
to the Federal Government in an amount equal to
the aggregate amount of contributions expected
to be received during the school year; or
(ii) filing with the Secretary prior to the
start of the school year financial information
that demonstrates the financial viability of
the organization.
(M) Ensures that qualified schools that accept its
scholarship students will--
(i) comply with all health and safety laws
or codes that apply to the school;
(ii) hold a valid occupancy permit if
required by their municipality;
(iii) certify that they will not
discriminate in admissions on the basis of
race, color, national origin, religion or
disability; and
(iv) provide academic accountability to
parents of the students in the program by
regularly reporting to the parent on the
student's progress.
(N) Does not provide educational scholarships for
students to attend any school with paid staff or board
members, or relatives thereof, in common with the
organization.
(O) Publicly reports to the Secretary by June 1 of
each year the following information prepared by a
certified public accountant for the previous calendar
year--
(i) the name and address of the
organization;
(ii) the total number and total dollar
amount of contributions received during the
previous calendar year;
(iii) the total number and total dollar
amount of educational scholarships awarded
during the previous calendar year;
(iv) the total number and total dollar
amount of educational scholarships awarded
during the previous year to low-income eligible
students; and
(v) the percentage of first time recipients
of educational scholarships who were
continuously enrolled in a public elementary or
secondary school during the previous year.
(2) Definitions.--For purposes of this subsection--
(A) Educational scholarships.--The term
``educational scholarships'' means grants for eligible
students to cover all or part of--
(i) in the case of a private or religious
school which charges tuition or fees, the
tuition and fees of such school,
(ii) in the case of a public school, the
cost of transportation to such school, and
(iii) in the case of any other school or
program, such expenses as the Secretary of
Education may provide.
(B) Qualified school.--The term ``qualified
school'' means any public, private, religious, or other
school or program which provides elementary or
secondary education (as determined under State law).
(C) Eligible student.--The term ``eligible
student'' means any student who--
(i) has not--
(I) attained age 21, or
(II) been graduated from high
school, and
(ii) as of the time that such student first
receives assistance under the SCHOOL Program,
is a member of a household whose total annual
income during the year before receipt of such
assistance does not exceed an amount equal to
2.5 times the highest amount of income which
qualifies for a reduced price lunch under
section 9(b)(1) of the Richard B. Russell
National School Lunch Act.
(D) Low-income eligible student.--The term ``low-
income eligible student'' means a student who meets the
requirements of paragraph (3)(A) and who qualifies for
a free or reduced price lunch under section 9(b)(1) of
the Richard B. Russell National School Lunch Act.
(E) Parent.--The term ``parent'' includes a
guardian, custodian, or other person with authority to
act on behalf of the child.
(c) Duties of the Secretary of Education.--The Secretary of
Education shall--
(1) adopt such rules and procedures as are necessary or
appropriate to implement the SCHOOL Program; and
(2) provide a standardized format for certified
organizations to report the information described in subsection
(b)(1)(O).
SEC. 3. EDUCATIONAL IMPROVEMENT CONTRIBUTIONS CREDIT.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to other credits) is
amended by adding at the end the following new section:
``SEC. 30B. EDUCATIONAL IMPROVEMENT CONTRIBUTIONS CREDIT.
``(a) In General.--There shall be allowed as a credit against the
tax imposed by this chapter for the taxable year an amount equal to the
aggregate amount of the qualified contributions made by the taxpayer to
qualified scholarship granting organizations during the taxable year.
``(b) Limitation.--
``(1) Individuals.--In the case of an individual, the
amount of the credit determined under this section for any
taxable year shall not exceed $3,000 ($6,000 in the case of a
joint return).
``(2) Corporations.--In the case of a corporation, the
amount of the credit determined under this section for any
taxable year shall not exceed the lesser of--
``(A) 5 percent of the taxpayer's regular tax
liability for the taxable year, or
``(B) $20,000.
``(c) Qualified Scholarship Granting Organization.--For purposes of
this section, the term `qualified scholarship granting organization'
means any organization which--
``(1) is described in section 501(c)(3) and exempt from tax
under section 501(a), and
``(2) has in effect a certification from the Secretary of
Education that such organization is a scholarship granting
organization participating in the SCHOOL Program (within the
meaning of section 2 of the SCHOOL Act of 2005).
``(d) Qualified Contributions.--For purposes of this section, the
term `qualified contribution' means any cash contribution which the
taxpayer elects (at such time and in such form and manner as the
Secretary may prescribe) to treat as a qualified contribution.
``(e) Coordination With Other Credits; Carryover of Unused
Credit.--
``(1) In general.--If the credit allowable under subsection
(a) for a taxable year exceeds the limitation imposed by
paragraph (2) for such taxable year, such excess shall be
carried over to the succeeding taxable year and added to the
credit allowable under subsection (a) for such succeeding
taxable year. No credit may be carried forward under this
subsection to any taxable year following the third taxable year
after the taxable year in which the credit arose. For purposes
of the preceding sentence, credits shall be treated as used on
a first-in first-out basis.
``(2) Application with other credits.--The credit allowed
by subsection (a) for any taxable year shall not exceed the
excess (if any) of--
``(A) the regular tax liability for the taxable
year reduced by the sum of the credits allowed by this
part (other than this section), over
``(B) the tentative minimum tax for the taxable
year.
``(f) Special Rules.--
``(1) Substantiation.--No credit shall be allowed under
subsection (a) with respect to any contribution to a qualified
scholarship granting organization unless the taxpayer attaches
to the taxpayer's return for the taxable year a receipt from
such organization which meets such requirements as the
Secretary may establish.
``(2) Controlled groups.--Rules similar to the rules of
paragraphs (1) and (2) of section 41(f) shall apply for
purposes of this section.
``(3) Denial of double benefit.--No deduction or credit
shall be allowed under this subtitle for any contribution which
is taken into account under this section.
``(g) Regulations.--The Secretary may prescribe such regulations as
may be necessary or appropriate to carry out the purposes of this
section.''.
(b) Coordination With Limitations on Charitable Deductions.--
Subsection (c) of section 170 of such Code is amended by adding at the
end the following: ``Such term shall not include any contribution taken
into account under section 30B.''
(c) Clerical Amendment.--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. 30B. Educational improvement contributions credit.''.
(d) Effective Date.--The amendments made by this section shall
apply to contributions made during taxable years beginning after the
date of the enactment of this Act. | Supportive Communities Helping Offer Opportunities for Learning Act of 2005 - SCHOOL ACT of 2005 - Directs the Secretary of Education to establish the Supportive Communities Helping Offer Opportunities for Learning (SCHOOL) Program.
Allows educational scholarships under the SCHOOL Program to be grants to eligible low-income elementary or secondary school students to cover all or part of: (1) private or religious school tuition and fees; (2) the cost of transportation to a public school; or (3) any other school or educational program expenses as the Secretary may determine.
Authorizes the Secretary to certify scholarship granting organizations participating in the SCHOOL Program if they meet specified requirements.
Amends the Internal Revenue Code to allow an income tax credit for individuals and corporations for their contributions to qualified scholarship granting organizations certified as SCHOOL Program participants. | {"src": "billsum_train", "title": "To establish the Supportive Communities Helping Offer Opportunities for Learning Program and to allow an income tax credit for contributions to qualified scholarship granting organizations."} | 2,510 | 174 | 0.601975 | 1.59418 | 0.822456 | 2.733766 | 14.928571 | 0.928571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Entrepreneur-in-Residence Act of
2012''.
SEC. 2. DEFINITIONS.
In this Act:
(1) The term ``Director'' means the Director of the Office
of Personnel Management.
(2) The term ``program'' means the Federal entrepreneur-in-
residence program established under section 3(a).
(3) The term ``entrepreneur-in-residence'' means an
individual appointed to a position under the program.
(4) The term ``agency'' means an Executive agency, as
defined in section 105 of title 5, United States Code.
SEC. 3. FEDERAL ENTREPRENEUR-IN-RESIDENCE PROGRAM.
(a) Program Established.--The Director, in consultation with the
Administrator of the Small Business Administration and the Secretary of
Commerce, shall establish a Federal entrepreneur-in-residence program
under which the Director, with the concurrence of the head of an
agency, may appoint an entrepreneur-in-residence to a position in the
excepted service in the agency to carry out the duties described in
subsection (d).
(b) Mission of Program.--The mission of the program shall be to--
(1) provide for better outreach by the Federal Government
to the private sector;
(2) strengthen coordination and interaction between the
Federal Government and the private sector on issues relevant to
entrepreneurs and business concerns; and
(3) make Federal programs simpler, quicker, more efficient,
and more responsive to the needs of business concerns and
entrepreneurs.
(c) Appointments.--
(1) In general.--The Director--
(A) shall appoint entrepreneurs-in-residence under
the program during each year; and
(B) may not appoint more than 10 entrepreneurs-in-
residence during any year.
(2) Selection.--The Director shall select entrepreneurs-in-
residence from among individuals who--
(A) are successful in their field;
(B) have demonstrated success in working with
business concerns and entrepreneurs; or
(C) have successfully developed, invented, or
created a product and brought the product to the
marketplace.
(3) Placement.--In appointing entrepreneurs-in-residence,
the Director shall--
(A) give priority to placing entrepreneurs-in-
residence across the Federal Government at separate
agencies; and
(B) to the extent practicable, not appoint more
than 2 entrepreneurs-in-residence to positions in the
same agency during the same year.
(4) Terms of appointment.--An entrepreneur-in-residence--
(A) shall be a full-time employee of the agency to
which the entrepreneur-in-residence is appointed; and
(B) may not serve as an entrepreneur-in-residence
for more than a period of 2 years.
(d) Duties.--An entrepreneur-in-residence shall--
(1) assist Federal agencies in improving outreach to
business concerns and entrepreneurs;
(2) provide recommendations to the head of the agency
employing the entrepreneur-in-residence on inefficient or
duplicative programs, if any, at the agency;
(3) provide recommendations to the head of the agency
employing the entrepreneur-in-residence on methods to improve
program efficiency at the agency or new initiatives, if any,
that may be instituted at the agency;
(4) facilitate meetings and forums to educate business
concerns and entrepreneurs on programs or initiatives of the
agency employing the entrepreneur-in-residence;
(5) facilitate in-service sessions with employees of the
agency employing the entrepreneur-in-residence on issues of
concern to business concerns and entrepreneurs; and
(6) provide technical assistance or mentorship to business
concerns and entrepreneurs in accessing programs at the agency
employing the entrepreneur-in-residence.
(e) Compensation.--
(1) In general.--Except as provided in paragraph (2), the
rate of basic pay payable to an entrepreneur-in-residence shall
be determined in accordance with regulations prescribed by the
Director, but shall in no event be less than the minimum rate
of basic pay payable for grade GS-10 of the General Schedule
nor more than the rate payable for level II of the Executive
Schedule.
(2) Highest rate allowable.--The rate of basic pay payable
to an entrepreneur-in-residence may be increased to the rate
payable for level II of the Executive Schedule if--
(A) the rate last payable to such entrepreneur-in-
residence, before the effective date of the increase,
is equal to the highest rate allowable under paragraph
(1);
(B) the entrepreneur-in-residence has
satisfactorily completed at least 1 year of service, in
a position under this section, within the employing
agency; and
(C) the employing agency has a performance
appraisal system which, as of such effective date, is
certified under section 5307(d)(2) of title 5, United
States Code.''.
(f) Reporting.--An entrepreneur-in-residence shall report directly
to the head of the agency employing the entrepreneur-in-residence.
(g) Authority To Establish Working Group.--The Director may
establish an informal working group of entrepreneurs-in-residence to
allow for entrepreneurs-in-residence to meet to discuss best practices,
experiences, and recommendations in order to create an informal
knowledge base for current and future entrepreneurs-in-residence.
(h) Termination.--The Director may not appoint an entrepreneur-in-
residence under this section after September 30, 2016. | Entrepreneur-in-Residence Act of 2012 - Directs the Director of the Office of Personnel Management (OPM) to establish an entrepreneur-in-residence program to appoint in-house entrepreneurs who have demonstrated success in working with business concerns and entrepreneurs to: (1) assist federal agencies in improving outreach to business concerns and entrepreneurs, (2) provide recommendations on inefficient or duplicative agency programs and on methods to improve agency efficiency, (3) facilitate meetings and forums to educate business concerns and entrepreneurs on agency programs and initiatives, and (4) provide technical assistance or mentorship. Limits to 10 the number of entrepreneurs-in-residence that the Director may appoint in any year.
Authorizes the Director to establish an informal working group to allow entrepreneurs-in-residence to meet to discuss best practices, experiences, and recommendations in order to create an informal knowledge base for current and future entrepreneurs-in-residence.
Terminates such program after FY2016. | {"src": "billsum_train", "title": "To establish a program to accelerate entrepreneurship and innovation by partnering world-class entrepreneurs with Federal agencies."} | 1,231 | 207 | 0.646296 | 2.089588 | 0.999444 | 5.189189 | 6.124324 | 0.951351 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Daniel Webster Congressional
Fellowship Act''.
SEC. 2. DANIEL WEBSTER CONGRESSIONAL FELLOWSHIP PROGRAM.
(a) Establishment.--There is hereby established the Daniel Webster
Congressional Fellowship Program (hereafter referred to as the
``Program''), under which up to 40 eligible law school graduates shall
be selected as Daniel Webster Congressional Fellows (hereafter referred
to as ``Fellows'') for each Congress.
(b) Selection by Joint Congressional Leadership.--The Fellows for a
Congress shall be selected jointly from among eligible individuals by
the Speaker and Minority Leader of the House of Representatives and the
Majority and Minority Leaders of the Senate, or their designees.
(c) Employment With Participating Office.--
(1) In general.--An individual selected as a Fellow shall
be appointed to serve as an employee in a participating office
of the House of Representatives or Senate during the Congress
for which the Fellow is selected.
(2) Compensation.--Notwithstanding any other authority
regarding the salaries of employees of the House of
Representatives or Senate, for each session of a Congress
during which a Fellow is employed in a participating office
under the Program, the individual shall receive compensation at
an annual rate established by the Committee on House
Administration of the House of Representatives and the
Committee on Rules and Administration of the Senate, except
that the rate established by the Committees may not be less
than the average annual rate of compensation for pay periods
during that session for judicial clerks of the United States
District Court for the District of Columbia.
SEC. 3. CRITERIA FOR ELIGIBILITY.
(a) In General.--An individual is eligible to serve as a Fellow
under the Program if the individual--
(1) meets the criteria for eligibility described in
subsection (b); and
(2) submits the application materials described in
subsection (c) at such time and in such form as the Committees
on House Administration of the House of Representatives and
Rules and Administration of the Senate may require.
(b) Criteria Specified.--An individual meets the criteria described
in this subsection if--
(1) the individual received a juris doctor degree from an
accredited law school;
(2) the individual provides evidence of a record of
exceptional academic achievement in law school;
(3) the individual demonstrates a commitment to public
service and a strong interest in public policy;
(4) the individual possesses the professional knowledge and
skills necessary to contribute successfully to the legislative
process; and
(5) the individual meets such other criteria as the
Committees referred to in subsection (a)(2) may establish.
(c) Application Materials.--The application materials described in
this subsection are as follows:
(1) A Program application prepared by the Committees
referred to in subsection (a)(2).
(2) A resume highlighting academic, professional, and
personal achievements.
(3) 2 writing samples.
(4) A brief essay describing why the individual seeks to
become a Fellow.
(5) Such other materials as the Committees may require.
SEC. 4. ASSIGNMENT OF FELLOWS TO PARTICIPATING OFFICES.
(a) Assignment.--
(1) In general.--The Committees on House Administration of
the House of Representatives and Rules and Administration of
the Senate shall assign the individuals selected as Fellows to
be appointed as employees with participating offices of the
House and Senate on the basis of such criteria as the
Committees shall establish, taking into consideration the
background and interest of each Fellow and the needs of the
participating office, except that--
(A) the number of Fellows assigned to offices of
the House of Representatives may not be less than the
number of Fellows assigned to offices of the Senate;
and
(B) the number of Fellows assigned to offices of a
House of Congress which are affiliated with the
majority political party of that House shall be equal
to the number of Fellows assigned to offices of that
House of Congress which are affiliated with the
minority political party of that House.
(2) Treatment of committees.--For purposes of paragraph
(1)--
(A) a Fellow who is assigned to a joint committee
of the Congress shall be considered to be assigned both
to an office of the House and an office of the Senate;
and
(B) a Fellow who is assigned to a committee shall
be considered to be assigned to an office affiliated
with the majority political party, except that if the
assignment specifies that the Fellow is to work under
the direction of the ranking minority member of the
committee, the Fellow shall be considered to be
assigned to an office affiliated with the minority
political party.
(b) Participating Offices.--For purposes of this Act, a
``participating office'' of the House of Representatives or Senate is
any office of the House or Senate, including the office of a Member,
committee, joint committee, or any other entity, which enters into an
agreement with the Committee on House Administration of the House of
Representatives or the Committee on Rules and Administration of the
Senate (as the case may be) to participate in the Program.
SEC. 5. NO EFFECT ON NUMBER OF EMPLOYEES OR ALLOWANCE FOR PARTICIPATING
OFFICES.
The employment of a Fellow by an office of the House of
Representatives or Senate during a year, and the payment of a salary to
such a Fellow by an office during a year, shall be in addition to all
personnel and allowances otherwise made available to the office during
the year under other provisions of law, rule, or other authority.
SEC. 6. ADMINISTRATION; REGULATIONS.
The Program shall be operated and administered jointly by the
Committee on House Administration of the House of Representatives and
the Committee on Rules and Administration of the Senate, and each such
Committee is authorized to promulgate such regulations as may be
necessary to carry out the Program.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization.--There are authorized to be appropriated to
carry out the Program such sums as may be necessary for fiscal year
2007 and each succeeding fiscal year.
(b) Availability of Funds.--Amounts appropriated in any fiscal year
pursuant to the authorization under this section shall remain available
until expended. | Daniel Webster Congressional Fellowship Act - Establishes the Daniel Webster Congressional Fellowship Program, under which up to 40 eligible law school graduates shall be selected by specified congressional leaders as Daniel Webster Congressional Fellows for each Congress.
Requires a Fellow to serve as an employee in a participating office of the House or Senate during the Congress for which the individual is selected.
Specifies eligibility criteria for a Fellow, including a juris doctor degree. | {"src": "billsum_train", "title": "To establish the Daniel Webster Congressional Fellowship Program for qualified graduates of law schools to serve in temporary positions in offices of the House of Representatives and Senate, and for other purposes."} | 1,385 | 101 | 0.687715 | 1.740028 | 1.401622 | 4.592593 | 15.666667 | 0.938272 |
TITLE I--EXTENSION OF PERIOD FOR REIMBURSEMENT UNDER FISHERMEN'S
PROTECTIVE ACT OF 1967
SEC. 101. SHORT TITLE.
This title may be cited as the ``Fishermen's Protective Act
Amendments of 2000''.
SEC. 102. EXTENSION OF PERIOD FOR REIMBURSEMENT UNDER FISHERMEN'S
PROTECTIVE ACT OF 1967.
(a) In General.--Section 7(e) of the Fishermen's Protective Act of
1967 (22 U.S.C. 1977(e)) is amended by striking ``2000'' and inserting
``2003''.
(b) Clerical Amendment.--Section 7(a)(3) of the Fishermen's
Protective Act of 1967 (22 U.S.C. 1977(a)(3)) is amended by striking
``Secretary of the Interior'' and inserting ``Secretary of Commerce''.
TITLE II--YUKON RIVER SALMON
SEC. 201. SHORT TITLE.
This title may be cited as the ``Yukon River Salmon Act of 2000''.
SEC. 202. YUKON RIVER SALMON PANEL.
(a) Establishment.--
(1) In general.--There shall be a Yukon River Salmon Panel (in
this title referred to as the ``Panel'').
(2) Functions.--The Panel shall--
(A) advise the Secretary of State regarding the negotiation
of any international agreement with Canada relating to
management of salmon stocks originating from the Yukon River in
Canada;
(B) advise the Secretary of the Interior regarding
restoration and enhancement of such salmon stocks; and
(C) perform other functions relating to conservation and
management of such salmon stocks as authorized by this or any
other title.
(3) Designation as united states representatives on bilateral
body.--The Secretary of State may designate the members of the
Panel to be the United States representatives on any successor to
the panel established by the interim agreement for the conservation
of salmon stocks originating from the Yukon River in Canada agreed
to through an exchange of notes between the Government of the
United States and the Government of Canada on February 3, 1995, if
authorized by any agreement establishing such successor.
(b) Membership.--
(1) In general.--The Panel shall be comprised of six members,
as follows:
(A) One member who is an official of the United States
Government with expertise in salmon conservation and
management, who shall be appointed by the Secretary of State.
(B) One member who is an official of the State of Alaska
with expertise in salmon conservation and management, who shall
be appointed by the Governor of Alaska.
(C) Four members who are knowledgeable and experienced with
regard to the salmon fisheries on the Yukon River, who shall be
appointed by the Secretary of State in accordance with
paragraph (2).
(2) Appointees from alaska.--(A) The Secretary of State shall
appoint the members under paragraph (1)(C) from a list of at least
three individuals nominated for each position by the Governor of
Alaska.
(B) In making the nominations, the Governor of Alaska may
consider suggestions for nominations provided by organizations with
expertise in Yukon River salmon fisheries.
(C) The Governor of Alaska may make appropriate nominations to
allow for appointment of, and the Secretary of State shall appoint,
under paragraph (1)(C)--
(i) at least one member who is qualified to represent the
interests of Lower Yukon River fishing districts; and
(ii) at least one member who is qualified to represent the
interests of Upper Yukon River fishing districts.
(D) At least one of the members appointed under paragraph
(1)(C) shall be an Alaska Native.
(3) Alternates.--(A) The Secretary of State may designate an
alternate Panel member for each Panel member the Secretary appoints
under paragraphs (1)(A) and (C), who meets the same qualifications,
to serve in the absence of the Panel member.
(B) The Governor of the State of Alaska may designate an
alternative Panel member for the Panel member appointed under
subsection (b)(1)(B), who meets the same qualifications, to serve
in the absence of that Panel member.
(c) Term Length.--Panel members and alternate Panel members shall
serve 4-year terms. Any individual appointed to fill a vacancy
occurring before the expiration of any term shall be appointed for the
remainder of that term.
(d) Reappointment.--Panel members and alternate Panel members shall
be eligible for reappointment.
(e) Decisions.--Decisions of the Panel shall be made by the
consensus of the Panel members appointed under subparagraphs (B) and
(C) of subsection (b)(1).
(f) Consultation.--In carrying out their functions, Panel members
may consult with such other interested parties as they consider
appropriate.
SEC. 203. ADVISORY COMMITTEE.
(a) Appointments.--The Governor of Alaska may establish and appoint
an advisory committee of not less than eight, but not more than 12,
individuals who are knowledgeable and experienced with regard to the
salmon fisheries on the Yukon River. At least two of the advisory
committee members shall be Alaska Natives. Members of the advisory
committee may attend all meetings of the Panel, and shall be given the
opportunity to examine and be heard on any matter under consideration
by the Panel.
(b) Compensation.--The members of such advisory committee shall
receive no compensation for their services.
(c) Term Length.--Members of such advisory committee shall serve 2-
year terms. Any individual appointed to fill a vacancy occurring before
the expiration of any term shall be appointed for the remainder of that
term.
(d) Reappointment.--Members of such advisory committee shall be
eligible for reappointment.
SEC. 204. EXEMPTION.
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to the Panel or to an advisory committee established under section 203.
SEC. 205. AUTHORITY AND RESPONSIBILITY.
(a) Responsible Management Entity.--The State of Alaska Department
of Fish and Game shall be the responsible management entity for the
United States for the purposes of any agreement with Canada regarding
management of salmon stocks originating from the Yukon River in Canada.
(b) Effect of Designation.--The designation under subsection (a)
shall not be considered to expand, diminish, or otherwise change the
management authority of the State of Alaska or the Federal Government
with respect to fishery resources.
(c) Recommendations of Panel.--In addition to recommendations made
by the Panel to the responsible management entities in accordance with
any agreement with Canada regarding management of salmon stocks
originating from the Yukon River in Canada, the Panel may make
recommendations concerning the conservation and management of salmon
originating in the Yukon River to the Department of the Interior, the
Department of Commerce, the Department of State, the North Pacific
Fishery Management Council, and other Federal or State entities as
appropriate. Recommendations by the Panel shall be advisory in nature.
SEC. 206. ADMINISTRATIVE MATTERS.
(a) Compensation.--Panel members and alternate Panel members who
are not State or Federal employees shall receive compensation at the
daily rate of GS-15 of the General Schedule when engaged in the actual
performance of duties.
(b) Travel and Other Necessary Expenses.--Travel and other
necessary expenses shall be paid by the Secretary of the Interior for
all Panel members, alternate Panel members, and members of any advisory
committee established under section 203 when engaged in the actual
performance of duties.
(c) Treatment as Federal Employees.--Except for officials of the
United States Government, all Panel members, alternate Panel members,
and members of any advisory committee established under section 203
shall not be considered to be Federal employees while engaged in the
actual performance of duties, except for the purposes of injury
compensation or tort claims liability as provided in chapter 81 of
title 5, United States Code, and chapter 71 of title 28, United States
Code.
SEC. 207. YUKON RIVER SALMON STOCK RESTORATION AND ENHANCEMENT
PROJECTS.
(a) In General.--The Secretary of the Interior, in consultation
with the Secretary of Commerce, may carry out projects to restore or
enhance salmon stocks originating from the Yukon River in Canada and
the United States.
(b) Cooperation With Canada.--If there is in effect an agreement
between the Government of the United States and the Government of
Canada for the conservation of salmon stocks originating from the Yukon
River in Canada that includes provisions governing projects authorized
under this section, then--
(1) projects under this section shall be carried out in
accordance with that agreement; and
(2) amounts available for projects under this section--
(A) shall be expended in accordance with the agreement; and
(B) may be deposited in any joint account established by
the agreement to fund such projects.
SEC. 208. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of the
Interior to carry out this title $4,000,000 for each of fiscal years
2000, 2001, 2002, and 2003, of which--
(1) such sums as are necessary shall be available each fiscal
year for travel expenses of Panel members, alternate Panel members,
United States members of the Joint Technical Committee established
by paragraph C.2 of the memorandum of understanding concerning the
Pacific Salmon Treaty between the Government of the United States
and the Government of Canada (recorded January 28, 1985), and
members of an advisory committee established and appointed under
section 203, in accordance with Federal Travel Regulations and
sections 5701, 5702, 5704 through 5708, and 5731 of title 5, United
States Code;
(2) such sums as are necessary shall be available for the
United States share of expenses incurred by the Joint Technical
Committee and any panel established by any agreement between the
Government of the United States and the Government of Canada for
restoration and enhancement of salmon originating in Canada;
(3) up to $3,000,000 shall be available each fiscal year for
activities by the Department of the Interior and the Department of
Commerce for survey, restoration, and enhancement activities
related to salmon stocks originating from the Yukon River in
Canada, of which up to $1,200,000 shall be available each fiscal
year for Yukon River salmon stock restoration and enhancement
projects under section 207(b); and
(4) $600,000 shall be available each fiscal year for
cooperative salmon research and management projects in the portion
of the Yukon River drainage located in the United States that are
recommended by the Panel.
TITLE III--FISHERY INFORMATION ACQUISITION
SEC. 301. SHORT TITLE.
This title may be cited as the ``Fisheries Survey Vessel
Authorization Act of 2000''.
SEC. 302. ACQUISITION OF FISHERY SURVEY VESSELS.
(a) In General.--The Secretary, subject to the availability of
appropriations, may in accordance with this section acquire, by
purchase, lease, lease-purchase, or charter, and equip up to six
fishery survey vessels in accordance with this section.
(b) Vessel Requirements.--Any vessel acquired and equipped under
this section must--
(1) be capable of--
(A) staying at sea continuously for at least 30 days;
(B) conducting fishery population surveys using
hydroacoustic, longlining, deep water, and pelagic trawls, and
other necessary survey techniques; and
(C) conducting other work necessary to provide fishery
managers with the accurate and timely data needed to prepare
and implement fishery management plans; and
(2) have a hull that meets the International Council for
Exploration of the Sea standard regarding acoustic quietness.
(c) Authorization.--To carry out this section there are authorized
to be appropriated to the Secretary $60,000,000 for each of fiscal
years 2002 and 2003.
TITLE IV--MISCELLANEOUS
SEC. 401. FISHERIES RESEARCH VESSEL PROCUREMENT.
Notwithstanding section 644 of title 15, United States Code, and
section 19.502-2 of title 48, Code of Federal Regulations, the
Secretary of Commerce shall seek to procure Fisheries Research Vessels
through full and open competition from responsible United States
shipbuilding companies irrespective of size.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Title II: Yukon River Salmon - Yukon River Salmon Act of 1999 - Establishes the Yukon River Salmon Panel. Includes among its duties: (1) advising the Secretary of State on the negotiation of any international agreement with Canada regarding management of salmon stocks originating from the Yukon River in Canada; and (2) advising the Secretary of the Interior on restoration and enhancement of those stocks. Authorizes the Secretary of State to designate Panel members to be the U.S. representatives on any successor to the panel established by a specified interim agreement between the United States and Canada for the conservation of salmon stocks, if authorized by any agreement establishing the successor.(Sec. 203) Authorizes the Governor of Alaska to establish and appoint an advisory committee of individuals knowledgeable regarding the Yukon River salmon fisheries. Allows committee members to attend all Panel meetings and requires that they be given the opportunity to examine and be heard on any Panel matter.(Sec. 205) Makes the State of Alaska Department of Fish and Game the responsible U.S. management entity for the purposes of any agreement with Canada regarding management of salmon stocks originating from the Yukon River.(Sec. 207) Authorizes the Secretary of the Interior to carry out projects to restore or enhance such salmon stocks.(Sec. 208) Authorizes appropriations.Title III: Fishery Information Acquisition - Fisheries Survey Vessel Authorization Act of 1999 - Authorizes the Secretary of Commerce to acquire and equip up to six fishery survey vessels. Authorizes appropriations.Title IV: Miscellaneous - Amends the Atlantic Tunas Convention Act of 1975 to make it unlawful for any person, other than a person holding a purse seine permit, to: (1) use an aircraft to locate or otherwise assist in fishing for, catching, or retaining Atlantic bluefin tuna; or (2) catch, possess, or retain Atlantic bluefin tuna located by use of an aircraft.(Sec. 402) Directs the Secretary of Commerce, notwithstanding specified provisions of the Small Business Act relating to awards or contracts and notwithstanding specified Federal regulations, to seek to procure Fisheries Research Vessels through full and open competition from United States shipbuilding companies irrespective of size. Requires, as an award criterion, that at least 40 percent of the value of the total construction and outfitting contract be obtained from small business concerns either directly or through subcontracting. | {"src": "billsum_train", "title": "Fishermen's Protective Act Amendments of 2000"} | 2,796 | 540 | 0.65797 | 2.134404 | 0.753713 | 2.785882 | 5.708235 | 0.814118 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Secure Port Workforce Act''.
SEC. 2. PROHIBITION OF ISSUANCE OF TRANSPORTATION SECURITY CARDS TO
CONVICTED FELONS.
Section 70105 of title 46, United States Code, is amended--
(1) in subsection (b)(1), by striking ``decides that the
individual poses a security risk under subsection (c)'' and
inserting ``determines under subsection (c) that the individual
poses a security risk''; and
(2) in subsection (c), by amending paragraph (1) to read as
follows:
``(1) Disqualifications.--
``(A) Permanent disqualifying criminal offenses.--
Except as provided under paragraph (2), an individual
is permanently disqualified from being issued a
transportation security card under subsection (b) if
the individual has been convicted, or found not guilty
by reason of insanity, in a civilian or military
jurisdiction of any of the following felonies:
``(i) Espionage or conspiracy to commit
espionage.
``(ii) Sedition or conspiracy to commit
sedition.
``(iii) Treason or conspiracy to commit
treason.
``(iv) A crime listed in chapter 113B of
title 18, a comparable State law, or conspiracy
to commit such crime.
``(v) A crime involving a transportation
security incident. In this clause, a
transportation security incident--
``(I) is a security incident
resulting in a significant loss of
life, environmental damage,
transportation system disruption, or
economic disruption in a particular
area (as defined in section 70101 of
title 46); and
``(II) does not include a work
stoppage or other nonviolent employee-
related action, resulting from an
employer-employee dispute.
``(vi) Improper transportation of a
hazardous material under section 5124 of title
49, or a comparable State law;.
``(vii) Unlawful possession, use, sale,
distribution, manufacture, purchase, receipt,
transfer, shipping, transporting, import,
export, storage of, or dealing in an explosive
or incendiary device (as defined in section
232(5) of title 18, explosive materials (as
defined in section 841(c) of title 18), or a
destructive device (as defined in 921(a)(4) of
title 18).
``(viii) Murder.
``(ix) Conspiracy or attempt to commit any
of the crimes described in clauses (v) through
(viii).
``(x) A violation of the Racketeer
Influenced and Corrupt Organizations Act (18
U.S.C. 1961 et seq.), or a comparable State
law, if 1 of the predicate acts found by a jury
or admitted by the defendant consists of 1 of
the offenses listed in clauses (iv) and (viii).
``(xi) Any other felony that the Secretary
determines to be a permanently disqualifying
criminal offense.
``(B) Interim disqualifying criminal offenses.--
Except as provided under paragraph (2), an individual
is disqualified from being issued a biometric
transportation security card under subsection (b) if
the individual has been convicted, or found not guilty
by reason of insanity, during the 7-year period ending
on the date on which the individual applies for such or
card, or was released from incarceration during the 5-
year period ending on the date on which the individual
applies for such a card, of any of the following
felonies:
``(i) Assault with intent to murder.
``(ii) Kidnapping or hostage taking.
``(iii) Rape or aggravated sexual abuse.
``(iv) Unlawful possession, use, sale,
manufacture, purchase, distribution, receipt,
transfer, shipping, transporting, delivery,
import, export of, or dealing in a firearm or
other weapon. In this clause, a firearm or
other weapon includes, but is not limited to--
``(I) firearms (as defined in
section 921(a)(3) of title 18); and
``(II) items contained on the
United States Munitions Import List
under 447.21 of title 27 Code of
Federal Regulations.
``(v) Extortion.
``(vi) Dishonesty, fraud, or
misrepresentation, including identity fraud.
``(vii) Bribery.
``(viii) Smuggling.
``(ix) Immigration violations.
``(x) A violation of the Racketeer
Influenced and Corrupt Organizations Act (18
U.S.C. 1961, et seq.) or a comparable State
law, other than a violation listed in
subparagraph (A)(x).
``(xi) Robbery.
``(xii) Distribution of, possession with
intent to distribute, or importation of a
controlled substance.
``(xiii) Arson.
``(xiv) Conspiracy or attempt to commit any
of the crimes in this subparagraph.
``(xv) Any other felony that the Secretary
determines to be a disqualifying criminal
offense under this subparagraph.
``(C) Other potential disqualifications.--Except as
provided under subparagraphs (A) and (B), an individual
may not be denied a transportation security card under
subsection (b) unless the Secretary determines that
individual--
``(i) has been convicted within the
preceding 7-year period of a felony or found
not guilty by reason of insanity of a felony--
``(I) that the Secretary believes
could cause the individual to be a
terrorism security risk to the United
States; or
``(II) for causing a severe
transportation security incident;
``(ii) has been released from incarceration
within the preceding 5-year period for
committing a felony described in clause (i);
``(iii) may be denied admission to the
United States or removed from the United States
under the Immigration and Nationality Act (8
U.S.C. 1101 et seq.); or
``(iv) otherwise poses a terrorism security
risk to the United States.''. | Secure Port Workforce Act - Amends the Maritime Transportation Security Act of 2002 to enumerate those felony offenses which would permanently disqualify or disqualify for a specified period an individual convicted of any such offenses (or found not guilty by reason of insanity) from being issued a transportation security card. | {"src": "billsum_train", "title": "A bill to prohibit the issuance of transportation security cards to individuals who have been convicted of certain crimes."} | 1,458 | 76 | 0.479449 | 1.263622 | 0.983435 | 1.962264 | 24.132075 | 0.830189 |
That this Act may be
cited as the ``Small Business Prepayment Penalty Relief Act of 1994''.
SEC. 2. MODIFICATION OF DEVELOPMENT COMPANY DEBENTURE INTEREST RATES.
(a) In General.--Upon the request of the issuer and the concurrence
of the borrower, the Small Business Administration is authorized to
transfer to the Federal Financing Bank such sums as may be necessary to
carry out the provisions of this section in order to reduce the
interest rate on a debenture issued by a certified development company.
The reduction shall be effective January 2, 1995 and shall apply for
the remainder of the term of the debenture.
(b) Interest Rate Modification.--Upon receipt of such payment, the
Federal Financing Bank shall modify the interest rate of each debenture
for which the payment is made. No other change shall be made in the
terms and conditions of the debenture, and the modification in the
interest rate shall not be construed as new budget authority nor
require any additional appropriation for credit subsidy on account of
the modification.
(c) Definitions.--For the purposes of this section--
(1) the term ``issuer'' means the issuer of a debenture
pursuant to section 503 of the Small Business Investment Act of
1958 which has been purchased by the Federal Financing Bank if
the debenture is outstanding on the date of enactment of this
Act, and neither the loan that secures the debenture nor the
debenture is in default on such date; and
(2) the term ``borrower'' means the small business concern
whose loan secures a debenture issued pursuant to such section.
(d) Other Rights.--A modification of the interest rate on a
debenture as authorized in this section shall not affect any rights or
options of the issuer or borrower which are otherwise authorized by
contract or by law.
(e) Refinancing.--Debentures authorized by sections 504 and 505 of
the Small Business Investment Act of 1958 may be used to refinance
debentures issued under section 503 of such Act if the amount of the
new financing is limited to such amounts as are needed to repay the
existing debenture, including any prepayment penalty imposed by the
Federal Financing Bank. Any such refinancing shall be subject to all of
the other provisions of sections 504 and 505 of such Act and the rules
and regulations of the Administration promulgated thereunder,
including, but not limited to, rules and regulations governing payment
of authorized expenses and commissions, fees and discounts to brokers
and dealers in trust certificates issued pursuant to section 505:
Provided, however, That no applicant for refinancing under section 504
of this Act need demonstrate that the requisite number of jobs will be
created or preserved with the proceeds of such refinancing: And
provided further, That a development company which provides refinancing
under this subsection shall be limited to a loan processing fee not to
exceed one-half of one percent to cover the cost of packaging,
processing and other nonlegal staff functions.
SEC. 3. MODIFICATION OF SMALL BUSINESS INVESTMENT COMPANY DEBENTURE
INTEREST RATES.
(a) In General.--Upon the request of the issuer, the Small Business
Administration is authorized to transfer to the Federal Financing Bank
such sums as may be necessary to carry out the provisions of this
section in order to reduce the interest rate on a debenture issued by a
Small Business Investment Company under the provisions of title III of
the Small Business Investment Act of 1958. The reduction shall be
effective January 2, 1995 and shall apply for the remainder of the term
of the debenture.
(b) Interest Rate Modification.--Upon receipt of such payment, the
Federal Financing Bank shall modify the interest rate of each debenture
for which the payment is made. No other change shall be made in the
terms and conditions of the debenture, and the modification in the
interest rate shall not be construed as new budget authority nor
require any additional appropriation for credit subsidy on account of
the modification.
(c) Definitions.--For the purposes of this section, the term
``issuer'' means the issuer of a debenture pursuant to section 303 of
the Small Business Investment Act of 1958 which has been purchased by
the Federal Financing Bank if the debenture is outstanding on the date
of enactment of this Act, and is not in default on such date.
(d) Other Rights.--A modification of the interest rate on a
debenture as authorized in this section shall not affect any rights or
options of the issuer which are otherwise authorized by contract or by
law.
SEC. 4. MODIFICATION OF SPECIALIZED SMALL BUSINESS INVESTMENT COMPANY
DEBENTURE INTEREST RATES.
(a) Interest Rate Modification.--Upon the request of the issuer,
the Small Business Administration is authorized to modify the interest
rate on a debenture issued by a Small Business Investment Company
licensed under the provisions of section 301(d) of the Small Business
Investment Act of 1958. The reduction shall be effective January 2,
1995 and shall apply for the remainder of the term of the debenture. No
other change shall be made in the terms and conditions of the
debenture, and the modification in the interest rate shall not be
construed as new budget authority nor require any additional
appropriation for credit subsidy on account of the modification.
(b) Definitions.--For the purposes of this section, the term
``issuer'' means a Specialized Small Business Investment Company
licensed under the provisions of section 301(d) of the Small Business
Investment Act of 1958 which has issued a debenture which has been
funded by the Small Business Administration providing the debenture is
outstanding on the date of enactment of this Act and is not in default
on such date.
(c) Other Rights.--A modification of the interest rate on a
debenture as authorized in this section shall not affect any rights or
options of the issuer which are otherwise authorized by contract or by
law.
SEC. 5. INTEREST RATE REDUCTIONS.
(a) In General.--Upon enactment of an Appropriations Act providing
funds to carry out the provisions of this Act and limited to amounts
specifically provided in advance in Appropriations Acts, the Small
Business Administration shall evaluate the outstanding portfolio of
debentures which are eligible for interest rate relief under this Act.
The Administration shall apply the funds appropriated to carry out this
Act in order to reduce the highest interest rate on all eligible
debentures to a uniform rate.
(b) Authorization.--There are authorized to be appropriated
$30,000,000 to carry out the provisions of this Act in fiscal year
1995. | Small Business Prepayment Penalty Relief Act of 1994 - Authorizes the Small Business Administration (SBA), upon the request of the issuer and the concurrence of the borrower, to transfer to the Federal Financing Bank such sums as necessary to reduce the interest rate on a debenture issued by a certified development company. Requires the Bank, upon receipt of such payment, to modify the interest rate for such debentures.
Permits debentures authorized under provisions of the Small Business Investment Act of 1958 (the Act) regarding private debenture sales and pooling to be used to refinance debentures issued by State or local development companies if the amount of the new financing is limited to amounts necessary to repay the existing debentures, including any prepayment penalty imposed by the Bank.
Authorizes the SBA, upon the request of the issuer, to transfer to the Bank such sums as necessary to reduce the interest rate on a debenture issued by a small business investment company under title III of the Act. Requires the Bank, upon receipt of such payment, to modify the interest rate for such debentures.
Authorizes the SBA, upon the request of the issuer, to modify the interest rate on a debenture issued by a small business investment company financing disadvantaged small business concerns.
Requires the SBA, upon enactment of an appropriations Act providing funds to carry out this Act, to evaluate the outstanding portfolio of debentures which are eligible for interest rate relief under this Act.
Authorizes appropriations. | {"src": "billsum_train", "title": "Small Business Prepayment Penalty Relief Act of 1994"} | 1,540 | 356 | 0.726974 | 2.210827 | 0.962122 | 4.747292 | 4.66065 | 0.898917 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``SSI Disability Reform Act of 1993''.
SEC. 2. REPRESENTATIVE PAYEE REFORMS.
(a) Authority of Government Agencies to Become Paid Representative
Payees.--Section 1631(a)(2)(D)(ii) of the Social Security Act (42
U.S.C. 1383(a)(2)(D)(ii)) is amended by adding at the end the
following: ``The term `qualified organization' also includes any
government agency that meets the requirements of items (aa) and (bb) of
subclause (II).''.
(b) Maximum Fee Payable to Representative Payees.--Section
1631(a)(2)(D)(i) of such Act (42 U.S.C. 1383(a)(2)(D)(i)) is amended by
striking ``the lesser of--'' and all that follows and inserting ``10
percent of the monthly benefit involved.''.
SEC. 3. REFORM OF SSI DISABILITY BENEFITS BASED ON SUBSTANCE ABUSE.
(a) In General.--Section 1611(e)(3) of the Social Security Act (42
U.S.C. 1382(e)(3)) is amended--
(1) by striking all that precedes subparagraph (B) and
inserting the following:
``(3)(A) Notwithstanding paragraphs (1) and (2), a person who (but
for this subparagraph) would be an eligible individual or eligible
spouse for purposes of this title solely by reason of disability and
who is medically determined to be a drug addict or an alcoholic shall
not be such an eligible individual or eligible spouse until--
``(i) the person, through an outpatient rehabilitation
program, has undergone treatment appropriate for such condition
for 3 months at an institution or facility approved by the
Secretary for purposes of this paragraph, and has complied with
the terms, conditions, and requirements of such treatment and
with the requirements imposed under subparagraph (D); and
``(ii) the State in which the person resides determines
that--
``(I) the person has made progress towards
recovery, or has recovered; or
``(II) if the person has not made progress towards
recovery, the person meets such requirements
established in regulations as the Secretary deems
appropriate to effectuate the purposes of this
title.'';
(2) by redesignating subparagraph (B) as subparagraph (D);
(3) by inserting after the matter added by paragraph (1) of
this subsection the following:
``(B) If, after the 3-month treatment period referred to in
subparagraph (A)(i), the State determines that the person has not
recovered from the condition treated, then, as a condition of receiving
benefits under this title by reason of disability, the person must
continue to comply with the terms, conditions, and requirements of such
treatment and with the requirements imposed under subparagraph (D),
until recovery.
``(C)(i) A person who fails to continue treatment as required by
subparagraph (B) shall not be an eligible individual or an eligible
spouse for purposes of this title by reason of disability, until the
person has completed 2 weeks of such treatment.
``(ii) A person who has become an eligible individual or an
eligible spouse for purposes of this title by reason of disability
after clause (i) has been applied to the person, and who fails to
continue treatment as required by subparagraph (B), shall not be an
eligible individual or an eligible spouse for purposes of this title by
reason of disability, until the person has completed 2 months of such
treatment.
``(iii) A person who has become an eligible individual or an
eligible spouse for purposes of this title by reason of disability
after clause (ii) has been applied to the person, and who fails to
continue treatment as required by subparagraph (B), shall not again
become an eligible individual or an eligible spouse for purposes of
this title by reason of disability.''; and
(4) by adding at the end the following:
``(E) The Secretary, in consultation with drug and alcohol
treatment professionals, shall develop standards for drug and alcohol
treatment programs, and in consultation with States, shall develop
guidelines to be used to review and evaluate the progress of
participants in such programs.''.
(b) Preservation of Medicaid Benefits.--Section 1634 of such title
(42 U.S.C. 1383c) is amended by adding at the end the following:
``(e) For purposes of title XIX, each person who is not an eligible
individual or an eligible spouse solely by reason of section 1611(e)(3)
shall be treated as receiving benefits under this title for so long as
such person would be eligible for such benefits in the absence of such
section.''.
SEC. 4. MANDATORY MEDICAID COVERAGE OF SUBSTANCE ABUSE TREATMENT
PROGRAMS FOR DISABLED SSI BENEFICIARIES.
(a) In General.--Section 1905 of the Social Security Act (42 U.S.C.
1396d) is amended--
(1) in subsection (a)--
(A) by striking ``and'' at the end of paragraph
(21),
(B) by striking the comma at the end of paragraph
(24) and inserting a semicolon,
(C) by redesignating paragraphs (22), (23), and
(24) as paragraphs (25), (22), and (23), respectively,
and by transferring and inserting paragraph (25) after
paragraph (23), as so redesignated, and
(D) by inserting after paragraph (23) the following
new paragraph:
``(24) approved substance abuse treatment services for
certain disabled beneficiaries (as described in subsection
(t)(1)); and''; and
(2) by adding at the end the following new subsection:
``(t)(1) For purposes of subsection (a)(24), approved substance
abuse treatment services for certain disabled beneficiaries are
services provided to an individual described in section 1611(e)(3)(A)
through a program approved by the Secretary to provide substance abuse
treatment services for purposes of enabling such individuals to meet
the requirements of clause (i) of such section.
``(2) No payment shall be made under section 1903(a) to a State for
medical assistance for approved substance abuse treatment services for
certain disabled beneficiaries provided to any individual after the 3-
month period that begins on the date the individual first receives such
services.''.
(b) 100 Percent Federal Matching Rate.--The first sentence of
section 1905(b) of such Act (42 U.S.C. 1396d(b)) is amended--
(1) by inserting ``subject to clause (3),'' after ``except
that (1)'',
(2) by striking ``and (2)'' and inserting ``(2)'', and
(3) by inserting before the period at the end the
following: ``, and (3) subject to clause (2), the Federal
medical assistance percentage shall be 100 percent with respect
to expenditures as medical assistance for approved substance
abuse treatment services for certain disabled beneficiaries (as
described in section 1905(t)(1))''.
(c) Conforming Amendments.--
(1) Section 1902 of such Act (42 U.S.C. 1396a) is amended--
(A) in subsection (a)(10)(A) in the matter
preceding clause (i), by striking ``(17) and (21)'' and
inserting ``(17), (21), and (24)'';
(B) in subsection (a)(10)(C)(iv), by striking
``through (21)'' and inserting ``through (24)''; and
(C) in subsection (j), by striking ``through (22)''
and inserting ``through (25)''.
(2) Section 1903(i) of such Act (42 U.S.C. 1396b(i)), as
amended by section 2(b)(2) of the Medicaid Voluntary
Contribution and Provider-Specific Tax Amendments of 1991, is
amended--
(A) in paragraph (10), by striking all that follows
``1927(g)'' and inserting a semicolon;
(B) by redesignating the paragraph (12) inserted by
section 4752(a)(2) of the Omnibus Budget Reconciliation
Act of 1990 as paragraph (11), by transferring and
inserting it after paragraph (10), and by striking the
period at the end and inserting a semicolon;
(C) by redesignating the paragraph (14) inserted by
section 4752(e) of the Omnibus Budget Reconciliation
Act of 1990 as paragraph (12), by transferring and
inserting it after paragraph (11), and by striking the
period at the end and inserting a semicolon;
(D) by redesignating the paragraph (11) inserted by
section 4801(e)(16)(A) of the Omnibus Budget
Reconciliation Act of 1990 as paragraph (13), by
transferring and inserting it after paragraph (12), and
by striking the period at the end and inserting ``;
or''; and
(E) by inserting after paragraph (13), as so
redesignated, the following new paragraph:
``(14) with respect to any amount expended for medical
assistance for approved substance abuse treatment services for
certain disabled beneficiaries (as described in section
1905(t)(1)) which are provided in violation of paragraph (2) of
section 1905(t).''.
(d) Effective Date.--The amendments made by this section apply to
payments under title XIX of the Social Security Act for calendar
quarters beginning on or after the first day of the second calendar
quarter that begins on or after the date of the enactment of this Act,
without regard to whether or not final regulations to carry out such
amendments have been promulgated by such date.
SEC. 5. EFFECTIVE DATE.
Except as provided in section 4(d), the amendments made by this Act
shall apply to benefits payable for months beginning 90 or more days
after the date of the enactment of this Act. | SSI Disability Reform Act of 1993 - Amends title XVI (Supplemental Security Income) (SSI) of the Social Security Act (SSA) to: (1) allow government agencies to serve as paid representative payees; (2) set the maximum fee payable to representative payees at ten percent of the monthly benefit involved; and (3) revise the provision of SSI benefits to the disabled based on substance abuse.
Amends SSA title XIX (Medicaid) to provide for mandatory Medicaid coverage of approved substance abuse treatment programs for certain disabled SSI beneficiaries. | {"src": "billsum_train", "title": "SSI Disability Reform Act of 1993"} | 2,259 | 131 | 0.510944 | 1.358819 | 0.626443 | 2.867925 | 19.04717 | 0.849057 |
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``Consumer
Automobile Lease Advertising Improvement Act of 2000''.
(b) Reference.--Whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a section or
other provision of the Consumer Credit Protection Act.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) There has been a continuing trend toward leasing of
automobiles by consumers as an alternative to installment
credit sales, with automobile leases now constituting over one-
third of all new automobile transactions.
(2) Current automobile leasing practices do not provide
consumers with consistent or adequate information to permit
comparison shopping among lease offerings. Important
information about lease costs and terms are not available until
the consumer visits an automobile dealership, are typically
provided only as part of lease negotiations, and often are not
fully disclosed until the signing of the lease documents.
(3) Automobile lease advertisements tend to confuse and
mislead consumers by highlighting the most attractive terms of
leases, by minimizing or omitting additional costs, terms or
penalties, and by advertising monthly payment amounts based on
lease terms that are different from those customarily offered
to or selected by consumers.
(4) With leases accounting for a large and growing
percentage of all new automobile transactions, there is
increasing need for automobile manufacturers, automobile
dealers and other firms involved in leasing to provide more
relevant and easily understood information in advertising and
in writing at the auto dealership to permit consumers to
evaluate intelligently the attractiveness of leases offered by
an automobile dealership, to compare terms of leases offered
and advertised by competing dealerships, and to compare the
benefits of automobile leases with alternative purchase
transactions.
(b) Purpose.--The purpose of the amendments made by this Act is to
provide consumers with more relevant and easily understood information
regarding the terms and costs of lease offerings earlier in the leasing
process to permit consumers to compare lease and purchase options and
to comparison shop among competing lease opportunities.
SEC. 3. APPLICABLE CONSUMER LEASES.
Section 181(1) of the Consumer Credit Protection Act (15 U.S.C.
1667(1)) is amended--
(1) by striking ``$25,000'' and inserting ``$50,000''; and
(2) by adding at the end the following: ``The limit on the
contractual obligation which comes within such term shall be
adjusted annually based upon the change reported in the
Consumer Price Index by the Department of Labor in June of the
preceding year.''.
SEC. 4. GENERAL LEASE ADVERTISING.
(a) Amendments.--Section 184(a) (15 U.S.C. 1667c) is amended--
(1) by striking ``(a)'' and inserting ``(a)(1)'';
(2) by redesignating paragraphs (1) through (5) as
subparagraphs (A) through (E), respectively;
(3) by adding at the end the following:
``(2) Identification in a television advertisement of the
advertised transaction as a lease, as required by paragraph
(1)(A), shall be included in both the audio and video portions
of the television advertisement.
``(3) The requirements of this subsection shall apply to
all advertisements for a consumer lease, including
advertisements on television, radio and videotape; print
advertisements in publications, newsletters and fliers;
advertisements by toll-free telephone numbers; and
advertisements in electronic media, including internet
webpages, e-mail, CD-ROMs and interactive computer services.''.
(b) Conforming Amendments.--Section 184(c) (15 U.S.C. 1667c(c)) is
amended by striking ``subsection (a)'' each time it occurs and
inserting ``subsection (a)(1)'' and in paragraph (1) by striking
``paragraphs (1) and (2)'' and inserting ``subparagraphs (A) and (B)''.
SEC. 5. ADVERTISEMENT FOR AUTOMOBILE LEASE.
Section 184 (15 U.S.C. 1667c) is amended by adding at the end the
following:
``(d) Advertisement for Automobile Lease.--
``(1) In general.--An advertisement to promote a lease for
an automobile that includes a scheduled lease payment amount
that applies only to a single vehicle, or to a limited number
of vehicles of the same vehicle make, model and year, shall
clearly and conspicuously state that the advertised payment
amount applies only to a single vehicle, or shall clearly and
conspicuously state the number of vehicles of the same vehicle
make and model to be made available for lease at the advertised
payment amount.
``(2) Lease payment amounts.--
``(A) An advertisement to promote a lease for an
automobile that states a lease payment amount, or must
state a lease payment amount under subsection
(a)(1)(D), shall calculate such payment amount on the
basis of a lease payment formula which the Board shall
set forth in regulation and which shall be based on the
following information--
``(i) the total capitalized cost of the
vehicle model advertised, which shall not be
reduced or adjusted by any down payment amount,
capitalized cost reduction, vehicle trade-in
amount or other required payment;
``(ii) a lease term of twenty-four (24)
months, or such other lease term that the Board
may determine in regulation as representative
of prevailing industry practice; and
``(iii) a mileage allowance before any
excess mileage charge may be imposed of 12,000
miles for each year of the lease term, or such
other annual mileage allowance which the Board
may determine in regulation as providing a more
representative estimate of vehicle use and
potential costs to the consumer.
``(B) An advertisement to promote a lease for an
automobile that states a lease payment for a vehicle
model as provided under subparagraph (A) may state a
lease payment amount for the same vehicle model that is different than
that required to be stated under subparagraph (A): Provided, however,
That--
``(i) the lease payment amount is not
presented more prominently than the lease
payment amount required to be stated under
subparagraph (A); and
``(ii) the advertisement clearly and
conspicuously identifies the lease terms or
payment amounts that explain the difference
between the lease payment amount and the
payment amount required to be stated under
subparagraph (A).''.
SEC. 6. AVAILABILITY OF LEASE INFORMATION.
Section 184 (15 U.S.C. 1667c), as amended by section 6, is amended
by adding at the end the following:
``(e) Availability of Information.--An automobile dealer that
engages in any advertising to promote or assist a consumer lease, or
that participates in any advertised national or regional promotion for
a consumer lease, shall make available to the public, as appropriate
and in such format as the Board shall determine in regulation, the
following information:
``(1) Customer incentives.--A written and dated statement
that shall be placed in a conspicuous and prominent location in
the dealership that sets out clearly and accurately for each
vehicle model offered by the dealer, as applicable, the
incentives, special offers or promotions available for the
benefit of consumers in conjunction with consumer lease,
purchase and installment credit transactions, that shall
include--
``(A) special interest rates that are offered by
automobile manufacturers, financial institutions and
leasing companies;
``(B) special incentives, including cash rebates
and vehicle residual percentages that are offered by
automobile manufacturers directly to consumers; and
``(C) special incentives and lease terms, including
vehicle discounts, residual value percentages and other
vehicle promotions that are offered to consumers by the
dealer.
``(2) Available leases.--A written and dated statement for
each vehicle model that the dealer makes available for lease to
consumers that shall be placed in a conspicuous and prominent
location in the dealership, and copies of which shall be made
available to individual consumers upon request, that sets out
clearly and accurately the following terms applicable to leases
for such vehicle models--
``(A) the rebates and other incentives available
for consumers;
``(B) the money factor, or lease interest factor,
that shall be stated as a decimal number and as an
equivalent approximate annual percentage rate; and
``(C) the vehicle residual value, that shall be
stated as a percentage of the retail price (MSRP) of
such vehicle model.''.
SEC. 7. DEFINITIONS.
Section 184 (15 U.S.C. 1667c), as amended by sections 6 and 7, is
further amended by adding at the end the following:
``(f) Clearly and Conspicuously.--
``(1) In general.--For purposes of this section, the term
`clearly and conspicuously' means--
``(A) in print advertisements, the required
disclosures and explanations of lease terms shall
appear in a type size, shade, contrast, prominence, and
location as to be readily noticeable, readable, and
comprehensible to an ordinary consumer;
``(B) in the video portion of television or
videotaped advertisements, the required disclosures
shall appear on the screen in a type size, shade,
contrast, prominence, and location and for a duration
as to be readily noticeable, readable, and
comprehensible to an ordinary consumer;
``(C) in the audio portion of television,
videotaped, and radio advertisements, the required
disclosures shall be delivered in a volume, cadence,
and location and for a duration as to be readily
noticeable, hearable, and comprehensible to an ordinary
consumer; and
``(D) in promotions and advertising in internet
webpages, CD-ROMs, or interactive computer services,
the required disclosures shall appear in a type size,
shade, contrast, prominence, and location as to be
readily readable and comprehensible to users and shall
be separated from marketing and promotional information
and easily accessible under the label or heading
`Important Information for Consumers'.
``(2) Limitation.--Nothing contrary to, inconsistent with,
or in mitigation of, the required disclosures shall be used in
any advertisement in any medium and no audio, video, or print
technique shall be used that is likely to obscure or detract
significantly from the communication of the disclosures.''.
SEC. 8. ADMINISTRATIVE ENFORCEMENT.
Chapter 5 of the Consumer Credit Protection Act is further amended
by adding the following new section:
``SEC. 187. ADMINISTRATIVE ENFORCEMENT.
``Compliance with section 184 of this chapter shall be enforced by
the Federal Trade Commission, except to the extent that enforcement of
the requirements imposed under such section is specifically committed
to another agency under section 108(a) of this title. For purposes of
the exercise by the Commission of its functions and powers under the
Federal Trade Commission Act, a violation of section 184 shall be
deemed an unfair or deceptive act or practice in violation of that Act.
All of the functions of and powers of the Commission under the Federal
Trade Commission Act are available to the Commission to enforce
compliance by any person with such section, irrespective of whether
that person is engaged in commerce or meets any other jurisdictional
tests in the Federal Trade Commission Act, including the power to
enforce the provisions of such section in the same manner as if the
violation had been a violation of a Federal Trade Commission trade
regulation rule.''.
SEC. 9. REGULATIONS.
The Federal Reserve Board, not later than 6 months after the date
of the enactment of this Act, shall issue regulations to implement the
amendments made by this Act. The Board shall also issue regulations,
together with staff commentary if appropriate, to update and clarify
the requirements and definitions for lease disclosures and any other
issue relating to consumer leasing to carry out the intent of the
amendments made by this Act, to implement any initiative to prevent the
circumvention of the amendments made by this Act, and to facilitate
compliance with the requirements in the amendments. | Prescribes additional lease advertising disclosure requirements for advertising.
Sets forth provisions applicable to automobile leasing advertising. | {"src": "billsum_train", "title": "Consumer Automobile Lease Advertising Improvement Act of 2000"} | 2,660 | 22 | 0.541088 | 1.388078 | 0.182643 | 1.421053 | 131.842105 | 0.894737 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Road Usage Charge Pilot Program Act
of 2015''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The 2009 report of the National Surface Transportation
Infrastructure Financing Commission recommends a transition
away from the fuel tax to a more stable funding source, noting
that a mileage-based fee system is the consensus choice for
policy leaders.
(2) The 2008 report of the National Surface Transportation
and Revenue Study Commission recommends further study of the
implementation of mileage-based fee systems at the State level
and of their compatibility with a national revenue system,
noting that in the long run, a mileage-based fee system seems
the most likely and appropriate method to be implemented.
(3) According to the Congressional Budget Office, the
revenue raised from the gas tax since its last increase in 1993
has lost over one-third of its purchasing power due to
increasing fuel efficiency, changing transportation patterns,
and inflation.
(4) By 2030, the corporate average fuel economy standards
will have reduced Highway Trust Fund receipts by more than 20
percent.
(5) The fuel tax revenue mechanism results in some
industries paying more than their commensurate road use.
SEC. 3. ROAD USAGE CHARGE PILOT PROGRAM.
(a) Establishment.--The Secretary of the Treasury (in this Act
referred to as the ``Secretary'') shall establish a competitive grant
program to be known as the Road Usage Charge Pilot Program (in this Act
referred to as the ``Program'') to make grants to eligible entities
to--
(1) conduct pilot studies of methods for recording and
reporting the number of miles traveled by particular vehicles;
(2) conduct pilot studies of payment, enforcement, and
privacy protection methods for mileage-based fee systems; and
(3) implement mileage-based fee systems in jurisdictions
that have adopted a plan for such systems.
(b) Application Required.--To be eligible for a grant under the
Program, an eligible entity shall submit to the Secretary an
application at such time, in such form, and containing such information
and assurances as the Secretary may require.
(c) Selection of Pilot Studies.--In awarding grants under the
Program, the Secretary shall select pilot studies that, in combination,
explore means to address the following concerns:
(1) Protection of personal privacy.
(2) Ease of public compliance.
(3) Level of public acceptance.
(4) Geographic and income equity.
(5) Integration with State and local transportation revenue
mechanisms.
(6) Administrative issues.
(7) Cost.
(8) Enforcement issues.
(9) Potential for fraud or evasion.
(10) Feasibility of implementation.
(d) Priority.--In awarding grants under the Program, the Secretary
shall give priority to pilot studies that--
(1) serve as a model for broad implementation of a mileage-
based fee system;
(2) address concerns of rural and urban user equity;
(3) involve multistate projects;
(4) have a high volume of enrolled vehicles;
(5) integrate with State and local revenue systems;
(6) integrate with local demand management plans;
(7) integrate with other intelligent transportation system
technologies; and
(8) test the proposed revenue collection system by
collecting and distributing revenue.
(e) Required Minimum Funds for Planning Organizations.--In awarding
grants under the Program, the Secretary shall ensure that not less than
10 percent of funds available under the Program in a fiscal year are
reserved for pilot studies carried out in conjunction with metropolitan
planning organizations or regional transportation planning
organizations.
(f) Cost Sharing.--An eligible entity that receives a grant under
this Act shall provide funds, from non-Federal sources, in an amount
equal to 20 percent of the amount of grant funds provided to the entity
to carry out the activities supported by the grant.
SEC. 4. WORKING GROUP.
(a) Establishment.--The Secretary, in consultation with the
Secretary of Transportation, shall establish a working group that
shall--
(1) evaluate the technology platforms and standards used in
the program and develop national technology standards for a
road usage charge, as well as develop national privacy
standards for a road usage charge that balance the
effectiveness of revenue systems with user privacy;
(2) evaluate the costs of collection and administration of
the methods studied in the Program and the success of such
methods in achieving rural and urban user equity; and
(3) evaluate the potential of the methods studied in the
Program to manage demand and reduce the emission of greenhouse
gases.
(b) Membership.--The working group established under subsection (a)
shall be comprised of no fewer than 10 members, including at least 1
individual representing each of the following:
(1) The telecommunications industry.
(2) A highway user group.
(3) The data security and privacy industry.
(4) A privacy rights advocacy organization.
(5) A State or regional transportation agency.
(6) A national research and policymaking body.
SEC. 5. REPORTS.
(a) Interim Report.--Not later than 2 years after the date of the
first disbursement of funds under a grant under the Program, the
Secretary shall submit to Congress an interim report describing the
progress of the Program, the progress of the working group established
under section 4(a), and any data or results from the Program.
(b) Final Report.--Not later than 4 years after the date of the
first disbursement of funds under a grant under the Program, the
Secretary shall submit to Congress a final report containing data and
results from the Program, an analysis of the feasibility of each method
studied to be used as a mileage-based fee system, and the evaluations
done by the working group established under section 4(a).
SEC. 6. DEFINITIONS.
In this Act:
(1) Eligible entity.--The term ``eligible entity'' means
one or more of the following:
(A) A State government or political subdivision
thereof.
(B) A local government or political subdivision
thereof.
(C) A metropolitan planning organization.
(D) A regional transportation planning
organization.
(E) A tribal organization.
(2) Metropolitan planning organization.--The term
``metropolitan planning organization'' has the meaning given
that term in section 134(b) of title 23, United States Code.
(3) Regional transportation planning organization.--The
term ``regional transportation planning organization'' has the
meaning given that term in section 134(b) of title 23, United
States Code.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) Grant Program.--There is authorized to be appropriated
$30,000,000 to carry out section 3, to remain available until expended.
(b) Working Group and Report.--There is authorized to be
appropriated $2,500,000 to carry out section 4 and $2,500,000 to carry
out section 5, to remain available until expended. | Road Usage Charge Pilot Program Act of 2015 Directs the Secretary of the Treasury to establish the Road Usage Charge Pilot Program to make competitive grants to state or local governments, or metropolitan planning, regional transportation planning, or tribal organizations to conduct pilot studies on implementing mileage-based fee systems as a method for funding transportation highway projects. Directs the Secretary to establish a working group to: develop national technology standards for a road usage charge, as well as national privacy standards for such a charge that balance the effectiveness of revenue systems with user privacy; and evaluate the potential of the methods studied in the program to manage demand and reduce the emission of greenhouse gases. | {"src": "billsum_train", "title": "Road Usage Charge Pilot Program Act of 2015"} | 1,464 | 136 | 0.569533 | 1.608429 | 0.641092 | 4.269231 | 11.107692 | 0.930769 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Safety and Empowerment Act
of 1993''.
SEC. 2. FEDERAL COORDINATING COUNCIL.
(a) Establishment.--There is established in the executive office of
the President a Federal Coordinating Council on Community Safety and
Empowerment (hereinafter in this Act referred to as the ``Federal
Coordinating Council'') in the Executive Office of the President
composed of the following members:
(1) The Secretary of Health and Human Services.
(2) The Secretary of Education.
(3) The Secretary of Housing and Urban Development.
(4) The Secretary of Labor.
(5) The Attorney General of the United States.
The President shall appoint the chairman of the Federal Coordinating
Council.
(b) Duties.--The Council shall--
(1) promulgate rules establishing standards and procedures
for receiving grants under section 3;
(2) make grants under section 3; and
(3) conduct annual reviews under section 6.
(c) Staff.--The Council shall hire sufficient staff in accordance
with title 5, United States Code.
SEC. 3. AUTHORITY TO MAKE GRANTS.
(a) Purposes.--The Federal Coordinating Council shall make grants
to public and nonprofit private entities to carry out 1 or more of the
following projects to improve the health, education, and safety of the
residents of economically distressed communities:
(1) Projects to prevent gangs and to combat the influence
gangs have on the youth in the community.
(2) Projects to assist first-time juvenile offenders to
avoid future offenses.
(3) Projects to prevent other forms of juvenile
delinquency.
(4) Projects to prevent the abuse of alcohol and other
drugs.
(5) Projects to provide child care for the children of
parents who are attending school, or would like to attend
school.
(6) Physical fitness, exercise, sports, and preventative
health care projects for youth.
(7) Projects to promote community service, community
action, and problem solving, and a sense of civic
responsibility among youth.
(8) Projects to provide parents with information about the
social, psychological, and physical development of their
children and with non-financial support for their roles in
promoting the positive development of their children.
(9) Projects to help youth enjoy and appreciate learning,
particularly projects that emphasize writing, reading,
mathematics, science, and humanities.
(10) Projects that prepare at-risk youth for adulthood,
including continuing education, completing high school,
employment, parenthood, and civic participation.
(11) Projects to prevent or remedy neglect, abuse, or
exploitation of youth and adults unable to protect their own
interests.
(12) Projects to preserve, rehabilitate, or reunite
families, particularly projects that emphasize fatherhood and
reunite fathers with children.
(13) Projects to assist residents in achieving or
maintaining economic self-sufficiency, including
entrepreneurism.
(b) Distribution of Grant.--A grant made under this section shall
be distributed to a grantee in 1 or more annual installments of not
less than $25,000 each during a period not to exceed 3 years.
SEC. 4. NON-FEDERAL CONTRIBUTIONS.
(a) Agreement.--The Federal Coordinating Council may make a grant
under section 3 only if the applicant involved agrees to make available
(either directly or through donations from public or private entities)
non-Federal contributions toward the cost of the project for which the
grant is requested. The amount of the non-Federal contributions shall
be not less than--
(1) 25 percent of the cost of the project for the 1st year
in which all or part of the grant is distributed; and
(2) 50 percent of the cost of the project in any subsequent
year in which any part of the grant is distributed.
(b) Exception.--The Federal Coordinating Council may waive the
matching requirements for applicants who meet certain criteria
established by the Council.
(c) Types of Contributions.--The non-Federal contributions required
in paragraph (1) may be in cash or in kind, fairly evaluated, including
buildings, equipment, or services, except that services assisted or
subsidized to any significant extent by the Federal Government may not
be included in determining the amount of non-Federal contributions.
SEC. 5. APPLICATIONS.
To be eligible to receive a grant under section 3, a public entity
or a nonprofit private entity shall submit to the Federal Coordinating
Council an application that contains--
(1) information demonstrating that the applicant has used
the resources in the community in planning the project for
which the grant is requested;
(2) information demonstrating that the project is supported
by individuals or organizations in the community that are not
directly involved with the project, which may include
universities, medical facilities, and other private and public
entities;
(3) an assurance that the applicant will use other
resources in the community in carrying out the project, which
may include local businesses, universities, medical facilities,
and other private and public entities; and
(4) such other information and assurances as the Federal
Coordinating Council may require by rule.
SEC. 6. ANNUAL REVIEW.
(a) Content.--After each year in which any part of a grant made
under section 3 is distributed, the Federal Coordinating Council may
conduct a review of the project for which the grant is made. The review
shall include an assessment of whether the grantee is complying with
the assurances contained in the application for the grant.
(b) Consequences of Failure to Comply.--If the Federal Coordinating
Council finds that a grantee is not complying with the assurances
contained in the application for the grant, the Federal Coordinating
Council shall suspend distribution of the grant until the grantee
provides sufficient documentation to satisfy the Federal Coordinating
Council that it will comply with the assurances contained in the
application. The grant shall be terminated if the grantee does not
provide the documentation within 1 year after the grant is suspended.
SEC. 7. DEFINITIONS.
For purposes of this Act:
(1) Economically distressed community.--The term
``economically distressed community'' means a community--
(A) in which a high percentage of residents are
members of low-income families with children; and
(B) in which there is pervasive poverty,
unemployment, and general economic distress.
(2) Council.--The term the ``Council'' means the Federal
Coordinating Council on Community Safety and Empowerment.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $50,000,000 for each of 3
fiscal years beginning with fiscal year 1994 to carry out this Act. | Community Safety and Empowerment Act of 1993 - Establishes in the Executive Office of the President a Federal Coordinating Council on Community Safety and Empowerment.
Directs the Council to make grants to public and nonprofit private entities for projects to improve the health, education, and safety of residents of economically distressed communities. Sets forth requirements for non-Federal contributions, applications, and annual review.
Authorizes appropriations. | {"src": "billsum_train", "title": "Community Safety and Empowerment Act of 1993"} | 1,452 | 93 | 0.48699 | 1.22124 | 1.48645 | 5 | 17.727273 | 0.922078 |
SECTION 1. EXCLUDING ABUSE-DETERRENT FORMULATIONS OF PRESCRIPTION DRUGS
FROM THE MEDICAID ADDITIONAL REBATE REQUIREMENT FOR NEW
FORMULATIONS OF PRESCRIPTION DRUGS.
(a) In General.--The last sentence of section 1927(c)(2)(C) of the
Social Security Act (42 U.S.C. 1396r-8(c)(2)(C)) is amended by
inserting before the period at the end the following: ``, but does not
include an abuse-deterrent formulation of the drug (as determined by
the Secretary), regardless of whether such abuse-deterrent formulation
is an extended release formulation''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to drugs that are paid for by a State in calendar quarters
beginning on or after the date of the enactment of this Act.
SEC. 2. LIMITING DISCLOSURE OF PREDICTIVE MODELING AND OTHER ANALYTICS
TECHNOLOGIES TO IDENTIFY AND PREVENT WASTE, FRAUD, AND
ABUSE.
(a) In General.--Title XI of the Social Security Act is amended by
inserting after section 1128J (42 U.S.C. 1320a-7k) the following new
section:
``SEC. 1128K. DISCLOSURE OF PREDICTIVE MODELING AND OTHER ANALYTICS
TECHNOLOGIES TO IDENTIFY AND PREVENT WASTE, FRAUD, AND
ABUSE.
``(a) Reference to Predictive Modeling Technologies Requirements.--
For provisions relating to the use of predictive modeling and other
analytics technologies to identify and prevent waste, fraud, and abuse
with respect to the Medicare program under title XVIII, the Medicaid
program under title XIX, and the Children's Health Insurance Program
under title XXI, see section 4241 of the Small Business Jobs Act of
2010 (42 U.S.C. 1320a-7m).
``(b) Limiting Disclosure of Predictive Modeling Technologies.--In
implementing such provisions under such section 4241 with respect to
covered algorithms (as defined in subsection (c)), the following shall
apply:
``(1) Nonapplication of foia.--The covered algorithms used
or developed for purposes of such section (including by the
Secretary or a State (or an entity operating under a contract
with a State)) shall be exempt from disclosure under section
552(b)(3) of title 5, United States Code.
``(2) Limitation with respect to use and disclosure of
information by state agencies.--
``(A) In general.--A State agency may not use or
disclose covered algorithms used or developed for
purposes of such section except for purposes of
administering the State plan (or a waiver of the plan)
under the Medicaid program under title XIX or the State
child health plan (or a waiver of the plan) under the
Children's Health Insurance Program under title XXI,
including by enabling an entity operating under a
contract with a State to assist the State to identify
or prevent waste, fraud and abuse with respect to such
programs.
``(B) Information security.--A State agency shall
have in effect data security and control policies that
the Secretary finds adequate to ensure the security of
covered algorithms used or developed for purposes of
such section 4241 and to ensure that access to such
information is restricted to authorized persons for
purposes of authorized uses and disclosures described
in subparagraph (A).
``(C) Procedural requirements.--State agencies to
which information is disclosed pursuant to such section
4241 shall adhere to uniform procedures established by
the Secretary.
``(c) Covered Algorithm Defined.--In this section, the term
`covered algorithm'--
``(1) means a predictive modeling or other analytics
technology, as used for purposes of section 4241(a) of the
Small Business Jobs Act of 2010 (42 U.S.C. 1320a-7m(a)) to
identify and prevent waste, fraud, and abuse with respect to
the Medicare program under title XVIII, the Medicaid program
under title XIX, and the Children's Health Insurance Program
under title XXI; and
``(2) includes the mathematical expressions utilized in the
application of such technology and the means by which such
technology is developed.''.
(b) Conforming Amendments.--
(1) Medicaid state plan requirement.--Section 1902(a) of
the Social Security Act (42 U.S.C. 1396a(a)) is amended--
(A) in paragraph (80), by striking ``and'' at the
end;
(B) in paragraph (81), by striking the period at
the end and inserting ``; and''; and
(C) by inserting after paragraph (81) the following
new paragraph:
``(82) provide that the State agency responsible for
administering the State plan under this title provides
assurances to the Secretary that the State agency is in
compliance with subparagraphs (A), (B), and (C) of section
1128K(b)(2).''.
(2) State child health plan requirement.--Section
2102(a)(7) of the Social Security Act (42 U.S.C. 1397bb(a)(7))
is amended--
(A) in subparagraph (A), by striking ``, and'' at
the end and inserting a semicolon;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(C) to ensure that the State agency involved is
in compliance with subparagraphs (A), (B), and (C) of
section 1128K(b)(2).''.
SEC. 3. MEDICAID IMPROVEMENT FUND.
Section 1941(b)(1) of the Social Security Act (42 U.S.C. 1396w-
1(b)(1)) is amended to read as follows:
``(1) In general.--There shall be available to the Fund,
for expenditures from the Fund for fiscal year 2021 and
thereafter, $5,000,000.''. | This bill amends title XIX (Medicaid) of the Social Security Act to exclude abuse-deterrent formulations of prescription drugs from the requirement that manufacturers of single-source or innovator drugs pay additional rebates to state Medicaid programs. Under current law, the Centers for Medicare & Medicaid Services (CMS) must use predictive modeling and other analytic technologies to identify improper Medicaid claims. The bill prohibits a state agency from using or disclosing such technologies except for purposes of administering a state Medicaid program or Children's Health Insurance Program (CHIP). A state agency shall have in effect adequate data security and control policies to ensure that access to such information is restricted to authorized persons for authorized uses. The bill places $5 million in the Medicaid Improvement Fund to be available beginning in FY2021. | {"src": "billsum_train", "title": "To amend title XIX of the Social Security Act to exclude abuse-deterrent formulations of prescription drugs from the Medicaid additional rebate requirement for new formulations of prescription drugs, and for other purposes."} | 1,420 | 179 | 0.587652 | 1.77569 | 0.295815 | 2.513514 | 7.72973 | 0.810811 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prison Judgment Relief Act of
1995''.
SEC. 2. APPROPRIATE REMEDIES FOR PRISON CONDITIONS.
(a) In General.--Section 3626 of title 18, United States Code, is
amended to read as follows:
``Sec. 3626. Appropriate remedies with respect to prison conditions
``(a) Requirements for Relief.--
``(1) Limitations on prospective relief.--The court shall
not grant or approve any prospective relief unless the court
finds that there is a violation of a Federal right and that
such relief is narrowly drawn and the least intrusive means to
remedy the violation of the Federal right. In determining the
intrusiveness of the relief, the court shall give substantial
weight to any adverse impact on public safety or the operation
of a criminal justice system caused by the relief.
``(2) Prison population reduction relief.--In any civil
action with respect to prison conditions, the court shall not
grant or approve any relief whose purpose or effect is to
reduce or limit the prison population, unless the plaintiff
proves that crowding is the primary cause of the deprivation of
the Federal right and no other relief will remedy that
deprivation.
``(b) Termination of Relief.--
``(1) Automatic termination of prospective relief after 4-
year period.--In any civil action with respect to prison
conditions, any prospective relief shall automatically
terminate 4 years after the later of--
``(A) the date of entry of the final judgment in
which the court found the violation of a Federal right
that was the basis for the relief; or
``(B) in the case of a final judgment entered more
than 4 years before the date of the enactment of the
Prison Judgment Relief Act of 1995, 180 days after the
date of the enactment of such Act.
``(2) Immediate termination of prospective relief.--In any
civil action with respect to prison conditions, a defendant or
intervenor shall be entitled to the immediate termination of
any prospective relief, if that relief was approved or granted
in the absence of a finding by the court that prison conditions
violated a Federal right.
``(c) Procedure for Motions Affecting Prospective Relief.--The
court shall promptly rule on any motion to modify or terminate
prospective relief in a civil action with respect to prison conditions.
``(d) Standing.--Any Federal, State, or local official or unit of
government--
``(1) whose jurisdiction or function includes the
prosecution or custody of persons in a prison subject to; or
``(2) who otherwise is or may be affected by;
any relief whose purpose or effect is to reduce or limit the prison
population shall have standing to oppose the imposition or continuation
in effect of that relief and may intervene in any proceeding relating
to that relief. Standing shall be liberally conferred under this
subsection so as to effectuate the remedial purposes of this section.
``(e) Special Masters.--In any civil action in a Federal court with
respect to prison conditions, any special master or monitor shall be a
United States magistrate and shall make proposed findings on the record
on complicated factual issues submitted to that special master or
monitor by the court, but shall have no other function. The parties may
not by consent extend the function of a special master beyond that
permitted under this subsection.
``(f) Attorney's Fees.--No attorney's fee under section 722 of the
Revised Statutes of the United States (42 U.S.C. 1988) may be granted
to a plaintiff in a civil action with respect to prison conditions
except to the extent such fee is--
``(1) directly and reasonably incurred in proving an actual
violation of the plaintiff's Federal rights; and
``(2) proportionally related to the extent the plaintiff
obtains court ordered relief for that violation.''.
``(g) Definitions.--As used in this section--
``(1) the term `prison' means any Federal, State, or local
facility that incarcerates or detains juveniles or adults
accused of, convicted of, sentenced for, or adjudicated
delinquent for, violations of criminal law;
``(2) the term `relief' means all relief in any form which
may be granted or approved by the court, and includes consent
decrees and settlement agreements (except a settlement
agreement the breech of which is not subject to any court
proceeding which such agreement settled); and
``(3) the term `prospective relief' means all relief other
than compensatory monetary damages.''
(b) Application of Amendment.--Section 3626 of title 18, United
States Code, as amended by this section, shall apply with respect to
all relief (as defined in such section) whether such relief was
originally granted or approved before, on, or after the date of the
enactment of this Act.
(c) Clerical Amendment.--The item relating to section 3526 in the
table of sections at the beginning of subchapter C of chapter 229 of
title 18, United States Code, is amended by striking ``crowding'' and
inserting ``conditions''. | Prison Judgment Relief Act of 1995 - Amends the Federal criminal code to prohibit the court from granting or approving prospective relief with respect to prison conditions unless it finds that there is a violation of a Federal right and that such relief is narrowly drawn and the least intrusive means to remedy the violation of such right. Directs the court, in determining the intrusiveness of the relief, to give substantial weight to any adverse impact on public safety or the operation of a criminal justice system.
Prohibits the court, in any civil action with respect to such conditions, from granting or approving relief to reduce or limit the prison population, unless the plaintiff proves that crowding is the primary cause of the deprivation of the Federal right and no other relief will remedy that deprivation.
Specifies that any prospective relief in such an action shall automatically terminate four years after the later of: (1) the date of entry of the final judgment in which the court found the violation of a Federal right; or (2) 180 days after the date of enactment of this Act. Entitles a defendant or intervenor to immediate termination of prospective relief that was approved or granted in the absence of a finding by the court that such conditions violated a Federal right.
Requires the court to promptly rule on any motion to modify or terminate prospective relief in a civil action with respect to prison conditions.
Sets forth provisions regarding: (1) standing (Federal, State, or local officials shall have standing under specified circumstances to oppose the imposition or continuation of relief and to intervene in proceedings relating to that relief); (2) special masters; and (3) limits on attorney's fees. | {"src": "billsum_train", "title": "Prison Judgment Relief Act of 1995"} | 1,172 | 370 | 0.781406 | 2.660735 | 0.866962 | 5.290123 | 3.246914 | 0.907407 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Choice in Real Estate
Act''.
SEC. 2. CLARIFICATION THAT REAL ESTATE BROKERAGE AND MANAGEMENT
ACTIVITIES ARE NOT BANKING OR FINANCIAL ACTIVITIES.
(a) Bank Holding Company Act of 1956.--Section 4(k) of the Bank
Holding Company Act of 1956 (12 U.S.C. 1843(k)) is amended by adding at
the end the following new paragraph:
``(8) Real estate brokerage and real estate management
activities.--
``(A) In general.--The Board may not determine that
real estate brokerage activity or real estate
management activity is an activity that is financial in
nature, is incidental to any financial activity, or is
complementary to a financial activity.
``(B) Real estate brokerage activity defined.--For
purposes of this paragraph, the term `real estate
brokerage activity' means any activity that involves
offering or providing real estate brokerage services to
the public, including--
``(i) acting as an agent for a buyer,
seller, lessor, or lessee of real property;
``(ii) listing or advertising real property
for sale, purchase, lease, rental, or exchange;
``(iii) providing advice in connection with
sale, purchase, lease, rental, or exchange of
real property;
``(iv) bringing together parties interested
in the sale, purchase, lease, rental, or
exchange of real property;
``(v) negotiating, on behalf of any party,
any portion of a contract relating to the sale,
purchase, lease, rental, or exchange of real
property (other than in connection with
providing financing with respect to any such
transaction);
``(vi) engaging in any activity for which a
person engaged in the activity is required to
be registered or licensed as a real estate
agent or broker under any applicable law; and
``(vii) offering to engage in any activity,
or act in any capacity, described in clause
(i), (ii), (iii), (iv), (v), or (vi).
``(C) Real estate management activity defined.--For
purposes of this paragraph, the term `real estate
management activity' means any activity that involves
offering or providing real estate management services
to the public, including--
``(i) procuring any tenant or lessee for
any real property;
``(ii) negotiating leases of real property;
``(iii) maintaining security deposits on
behalf of any tenant or lessor of real property
(other than as a depository institution for any
person providing real estate management
services for any tenant or lessor of real
property);
``(iv) billing and collecting rental
payments with respect to real property or
providing periodic accounting for such
payments;
``(v) making principal, interest,
insurance, tax, or utility payments with
respect to real property (other than as a
depository institution or other financial
institution on behalf of, and at the direction
of, an account holder at the institution);
``(vi) overseeing the inspection,
maintenance, and upkeep of real property,
generally; and
``(vii) offering to engage in any activity,
or act in any capacity, described in clause
(i), (ii), (iii), (iv), (v), or (vi).
``(D) Exception for company property.--This
paragraph shall not apply to an activity of a bank
holding company or any affiliate of such company that
directly relates to managing any real property owned by
such company or affiliate, or the purchase, sale, or
lease of property owned, or to be used or occupied, by
such company or affiliate.''.
(b) Revised Statutes of the United States.--Section 5136A(b) of the
Revised Statutes of the United States (12 U.S.C. 24a(b)) is amended by
adding at the end the following new paragraph:
``(4) Real estate brokerage and real estate management
activities.--
``(A) In general.--The Secretary may not determine
that real estate brokerage activity or real estate
management activity is an activity that is financial in
nature, is incidental to any financial activity, or is
complementary to a financial activity.
``(B) Definitions.--For purposes of this paragraph,
the terms `real estate brokerage activity' and `real
estate management activity' have the same meanings as
in section 4(k)(8) of the Bank Holding Company Act of
1956.
``(C) Exception for company property.--This
paragraph shall not apply to an activity of a national
bank, or a subsidiary of a national bank, that directly
relates to managing any real property owned by such
bank or subsidiary, or the purchase, sale, or lease of
property owned, or to be owned, by such bank or
subsidiary.''. | Community Choice in Real Estate Act - Amends the Bank Holding Company Act of 1956 and the Revised Statutes of the United States to prohibit the Board of Governors of the Federal Reserve System and the Secretary of the Treasury, respectively, from making a determination that real estate brokerage activity or real estate management activity is an activity that is either financial in nature or incidental to any financial activity, or is complementary to a financial activity. | {"src": "billsum_train", "title": "A bill to amend the Bank Holding Company Act of 1956, and the Revised Statutes of the United States to prohibit financial holding companies and national banks from engaging, directly or indirectly, in real estate brokerage or real estate management activities, and for other purposes."} | 1,089 | 93 | 0.625723 | 1.691667 | 1.270973 | 4.185185 | 12.716049 | 0.851852 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Notification of Death in
Custody or Life-Threatening Emergency Act of 2017'' or the ``Wakiesha's
Law''.
SEC. 2. PURPOSE.
To encourage State, local and tribal jurisdictions to implement and
enforce appropriate and time-sensitive procedures to notify the next-
of-kin or designated person upon the death or life-threatening
emergency of an individual who is in the custody of law enforcement.
SEC. 3. COMPLIANCE AND INELIGIBILITY.
(a) Compliance.--
(1) Federal law enforcement agencies.--Each Federal law
enforcement agency shall take such actions as may be necessary
to ensure compliance with the requirements of sections 4 and 5.
(2) States and localities.--For purposes of this section, a
State or unit of local government is a noncompliant
jurisdiction if that State or unit of local government does not
establish, implement, or enforce a law, policy, or procedure to
ensure compliance with the requirements of sections 4 and 5.
(b) Reduction of Grant Funds.--For each fiscal year beginning after
the date of enactment of this Act, a State shall be subject to a 10-
percent reduction of the funds that would otherwise be allocated for
the fiscal year to the State under subpart 1 of part E of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750
et seq.), whether characterized as the Edward Byrne Memorial State and
Local Law Enforcement Assistance Programs, the Local Government Law
Enforcement Block Grants Program, the Edward Byrne Memorial Justice
Assistance Grant Program, or otherwise, if during the prior fiscal
year--
(1) the State was a noncompliant jurisdiction; or
(2) a unit of local government was a noncompliant
jurisdiction.
(c) Reallocation of Funds.--Amounts not allocated accordingly to a
State for failure to fully comply with this Act shall be reallocated
under that program to States that have complied with this Act.
SEC. 4. INFORMATION REQUIRED UPON ARREST OR DETENTION.
(a) In General.--In the case of an individual taken into the
custody of a law enforcement agency, the agency shall, at the time of
taking custody, including during an arrest, during or prior to booking
or intake screening as a new commitment, in transfer from another
institution, as a court return, as a return from a writ, or as a
holdover, obtain basic identification information for the individual,
including his or her name, date of birth, and last known address, as
well as ensuring that the information is accurate and complete. The
individual may not be placed into any correctional institution prior to
the acquisition and confirmation of such information.
(b) Emergency Notification Information.--The receiving institution
or agency shall also obtain the name, relationship, and contact
information, including mailing address and one or more phone numbers,
of at least one person or next-of-kin to be notified in case of death
or emergency. In all instances where counsel has entered appearance on
the record as a representative for the individual, the attorney listed
shall by default be listed as the designated emergency contact. The
attorney contact shall be provided in addition to the contact or
contacts provided by the individual.
(c) No Use in Proceedings.--Under no circumstances may any
information obtained for the purpose of identifying a next-of-kin or
designated emergency contact be used in any criminal, civil or
investigative proceeding against the individual.
SEC. 5. NOTIFICATION BY LAW ENFORCEMENT OF FAMILY WITH REGARD TO DEATH
OR LIFE-THREATENING EMERGENCY OCCURRING TO INDIVIDUAL IN
CUSTODY.
(a) Death Notification Minimum Standards.--In the case of an
individual who dies while in the custody of a law enforcement agency:
(1) Written notification plan.--A law enforcement agency
shall have a written notification plan in place identifying all
designated staff members who are authorized, trained and
prepared to deliver notification of death to the next-of-kin or
designated contact in a professional and compassionate manner.
(2) Timeframe for notification.--In the event an individual
dies while in the custody of law enforcement, such notification
shall be delivered not later than 3 hours after the declaration
of death.
(3) Manner of notification.--To minimize confusion and
trauma suffered by the family or designated contact of the
deceased, reasonable efforts may be taken when practical to
ensure that notification is provided in-person and in a private
setting.
(4) Information required.--Such notification shall include
the official time of death, the cause of death (if determined)
and all pertinent circumstances surrounding the death,
including whether the individual's death is under investigation
and the reason for opening an investigation.
(5) Documentation of attempts.--All notification attempts
shall be documented and maintained within the custodial record,
including--
(A) the staff name and corresponding agency or
department contact information for all those
responsible for carrying out the notification;
(B) the date and time of successful and
unsuccessful contacts;
(C) the names and contacts to which attempts were
made, and any reason for failed or unsuccessful
contact; and
(D) any incidents of unclaimed or rejected claims
for the body or property of the deceased, including a
detailed description of where any unclaimed bodies and
property have been disposed of.
(b) Autopsy Notifications.--In the case of an individual who dies
while in the custody of a law enforcement agency, if an autopsy of that
individual is required:
(1) Notification.--The next-of-kin or designated contacts
shall be informed immediately upon any determination that an
autopsy shall be performed, and such notification shall include
the reason that the autopsy is being performed.
(2) Results reported.--A copy of the autopsy report and
results shall be made available to the next-of-kin or
designated contact immediately upon completion.
(3) Independent autopsy.--The State and the next of kin
shall have the opportunity to perform a separate autopsy.
(c) Life-Threatening Emergency Notification Minimum Standards.--In
the case of any life-threatening event occurring to an individual in
the custody of a law enforcement agency:
(1) Written notification plan.--A law enforcement agency
shall have a written notification plan in place identifying all
designated staff members who are authorized, trained and
prepared to deliver notification of a life-threatening event to
the next-of-kin or designated contact in a professional and
compassionate manner.
(2) Timeframe for notification.--Notice to the designated
emergency contact shall be made as soon as practicable after
the life-threatening event occurs, and, where practicable
without delaying treatment, prior to any required medical
procedure, but in any event, not later than any medical
discharge or clearance.
(3) Manner of notification.--To minimize confusion and
trauma suffered by the family or designated contact of the
individual who has suffered a life-threatening event,
reasonable efforts may be taken when practical to ensure that
notification is made in-person and in a private setting.
(4) Information required.--Such notification shall include
details of the life-threatening event, including--
(A) whether the individual is incapacitated,
unconscious, or unable to speak;
(B) the cause and nature of the life-threatening
event;
(C) whether any medical procedures or life-saving
measures were performed in response to the life-
threatening event; and
(D) whether any medical followup is recommended and
the nature of the recommended followup.
(5) Documentation of attempts.--All notification attempts
shall be documented and maintained within the custodial record,
including--
(A) the staff name and corresponding agency or
department contact information for all those
responsible for carrying out the notification;
(B) the date and time of successful and
unsuccessful contacts; and
(C) the names and contacts to which attempts were
made, and any reason for failed or unsuccessful
contact.
SEC. 6. REPORT TO ATTORNEY GENERAL.
Section 2(b) of the Death in Custody Reporting Act of 2013 (42
U.S.C. 13727(b)) is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) in paragraph (4), by striking the period at the end and
inserting a semicolon; and
(3) by inserting after paragraph (4) the following:
``(5) the date and time notification of death was provided
to the next of kin or designated contact;
``(6) the date and time of each unsuccessful notification
attempt was made; and
``(7) a detailed description of where any unclaimed bodies
and property have been disposed of, including the amount of
time lapsed prior to taking such action.''.
SEC. 7. DEFINITIONS.
In this Act:
(1) In custody of a law enforcement agency.--The term ``in
the custody of a law enforcement agency'' means, with regard to
an individual, that the individual is detained, under arrest,
or is in the process of being arrested, is en route to be
incarcerated, or is incarcerated at a municipal or county jail,
State prison, State-run boot camp prison, boot camp prison that
is contracted out by the State, any State or local contract
facility, or other local, tribal or State correctional
facility, including a juvenile facility or a medical or mental
health facility.
(2) Custodial record.--The term ``custodial record'' means
the central file of an individual in custody.
(3) Juvenile facility.--The term ``juvenile facility''
includes juvenile or youth detention center, placement
facility, group home or other State, private or contracted unit
maintaining the custody of a youth under court order or law
enforcement action.
(4) Life-threatening.--The term ``life-threatening event''
means a medical event, episode, condition, or accident--
(A) where, without immediate treatment for the
condition, death is eminent;
(B) where hospitalization is required because of a
serious, life-threatening medical or surgical condition
that requires immediate treatment; or
(C) where an individual is unconscious or
incapacitated such that they are incapable of providing
consent for medical treatment. | Family Notification of Death in Custody or Life-Threatening Emergency Act of 2017 or Wakiesha's Law This bill requires federal, state, and local law enforcement agencies to obtain identifying information about an individual in custody and contact information for the individual's next of kin or designated emergency contact. It establishes minimum standards with respect to notifying the next of kin or designated emergency contact following an individual's death or life-threatening emergency while in custody. The Department of Justice must reduce by 10% the allocation of funds under the Edward Byrne Memorial Justice Assistance Grant program for a state or local government that fails to comply. The bill also amends the Death in Custody Reporting Act of 2013 to require a state or federal law enforcement agency to include, in its quarterly report on deaths in custody, additional information such as the date and time that death notification was provided and the date and time of each unsuccessful notification attempt. | {"src": "billsum_train", "title": "Family Notification of Death in Custody or Life-Threatening Emergency Act of 2017"} | 2,259 | 203 | 0.596669 | 1.802178 | 0.774988 | 2.988571 | 11.994286 | 0.874286 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Schools of the Future Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Digital learning technology holds the promise of
transforming rural education by removing barriers of distance
and increasing school capacity.
(2) While many large urban local educational agencies are
at the forefront of implementing new digital learning
innovations, it is often harder for smaller and more rural
local educational agencies to access these tools. Smaller local
educational agencies with less capacity may also find it more
difficult to provide the training needed to effectively
implement new digital learning technologies.
(3) Despite the potential of digital learning in rural
areas, these advancements risk bypassing rural areas without
support for their implementation. Rather than having schools
and local educational agencies apply digital learning
innovations designed for urban environments to rural areas, it
is important that digital learning technologies be developed
and implemented in ways that reflect the unique needs of rural
areas.
(4) Digital learning is rapidly expanding, and new tools
for improving teaching and learning are being developed every
day. A growing demand for digital learning tools and products
has made rigorous evaluation of their effectiveness
increasingly important, as this information would allow school
and local educational agency leaders to make informed choices
about how best to use these tools to improve student
achievement and educational outcomes.
(5) High-quality digital learning increases student access
to courses that may not have been available to students in
rural communities, increasing their college and career
readiness.
SEC. 3. PROGRAM AUTHORIZED.
(a) Grants to Eligible Partnerships.--From the amounts appropriated
to carry out this Act, the Secretary of Education is authorized to
award grants, on a competitive basis, to eligible partnerships to carry
out the activities described in section 6.
(b) Duration of Grant.--A grant under subsection (a) shall be
awarded for not less than a 3-year and not longer than a 5-year period.
(c) Fiscal Agent.--If an eligible partnership receives a grant
under this Act, a school partner in the partnership shall serve as the
fiscal agent for the partnership.
SEC. 4. APPLICATION.
An eligible partnership desiring a grant under this Act shall
submit an application to the Secretary at such time, in such manner,
and containing such information as the Secretary may require, which
shall include the following:
(1) A description of the eligible partnership, including
the name of each of the partners and their respective roles and
responsibilities.
(2) A description of the technology-based learning
practice, tool, strategy, or course that the eligible
partnership proposes to develop or implement using the grant
funds.
(3) An assurance that all teachers of record hold the
relevant license and are otherwise qualified to implement any
technology-based practice, tool, strategy, or course using the
grant funds.
(4) An assurance that all students in a class or school
implementing a practice, tool, strategy or course using the
grant funds will have access to any equipment necessary to
participate on a full and equitable basis.
(5) An assurance that the proposed uses of smartphones,
laptops, tablets, or other devices susceptible to inappropriate
use have the informed consent of parents or guardians and are
not inconsistent with any policies of the local educational
agency on the use of such devices.
(6) Information relevant to the selection criteria under
section 5(c).
(7) A description of the evaluation to be undertaken by the
eligible partnership, including--
(A) how the school partner and the evaluation
partner will work together to implement the practice,
tool, strategy, or course in such a way that permits
the use of a rigorous, independent evaluation design
that meets the standards of the What Works
Clearinghouse of the Institute of Education Sciences;
and
(B) a description of the evaluation design that
meets such standards, which will be used to measure any
significant effects on the outcomes described in
paragraphs (1) through (3) of section 7(a).
(8) An estimate of the number of students to be reached
through the grant and evidence of its capacity to reach the
proposed number of students during the course of the grant.
(9) An assurance that the school partner in the eligible
partnership will ensure that each school to be served by the
grant under this Act is designated with a school locale code of
Fringe Rural, Distant Rural, or Remote Rural, as determined by
the Secretary.
(10) Any other information the Secretary may require.
SEC. 5. APPLICATION REVIEW AND AWARD BASIS.
(a) Peer Review.--The Secretary shall use a peer review process to
review applications for grants under this Act. The Secretary shall
appoint individuals to the peer review process who have relevant
expertise in digital learning, research and evaluation, standards
quality and alignment, and rural education.
(b) Award Basis.--In awarding grants under this Act, the Secretary
shall ensure, to the extent practicable, diversity in the type of
activities funded under the grants.
(c) Selection Criteria.--In evaluating an eligible partnership's
application for a grant under this Act, the Secretary shall consider--
(1) the need for the proposed technology-based learning
practice, tool, strategy, or course;
(2) the quality of the design of the proposed practice,
tool, strategy, or course;
(3) the strength of the existing research evidence with
respect to such practice, tool, strategy, or course;
(4) the experience of the eligible partnership; and
(5) the quality of the evaluation proposed by the eligible
partnership.
SEC. 6. USE OF FUNDS.
(a) Required Use of Funds.--
(1) In general.--An eligible partnership receiving a grant
under this Act shall use such funds to implement and evaluate
the results of technology-based learning practices, strategies,
tools, or courses, including the practices, strategies, tools,
or courses identified under paragraphs (2) through (6).
(2) Tools and courses designed to personalize the learning
experience.--Technology-based tools and courses identified
under this paragraph include the following types of tools and
courses designed to personalize the learning experience:
(A) Technology-based personalized instructional
systems.
(B) Adaptive software, games, or tools, that can be
used to personalize learning.
(C) Computer-based tutoring courses to help
struggling students.
(D) Games, digital tools, and smartphone or tablet
applications to improve students' engagement, focus,
and time on task.
(E) Other tools and courses designed to personalize
the learning experience.
(3) Practices and strategies designed to aid and inform
instruction.--Technology-based practices and strategies
identified under this paragraph include the following types of
practices and strategies designed to aid and inform
instruction:
(A) Adaptive software, games, or tools that can be
used for the purpose of formative assessment.
(B) Web resources that provide teachers and their
students access to instructional and curricular
materials that are--
(i) aligned with high-quality standards;
and
(ii) designed to prepare students for
college and a career, such as a repository of
primary historical sources for use in history
and civics courses or examples of
developmentally appropriate science
experiments.
(C) Online professional development opportunities,
teacher mentoring opportunities, and professional
learning communities.
(D) Tools or web resources designed to address
specific instructional problems.
(E) Other practices and strategies designed to
personalize the learning experience.
(4) Tools, courses, and strategies designed to improve the
achievement of students with specific educational needs.--
Technology-based tools, courses, and strategies identified
under this paragraph include the following types of tools,
courses, and strategies designed to meet the needs of students
with specific educational needs:
(A) Digital tools specifically designed to meet the
needs of students with a particular disability.
(B) Online courses that give students who are not
on track to graduate or have already dropped out of
school the opportunity for accelerated credit recovery.
(C) Language instruction courses, games, or
software designed to meet the needs of English language
learners.
(D) Other tools, courses, and strategies designed
to personalize the learning experience.
(5) Tools, courses, and strategies designed to help
students develop 21st century skills.--Technology-based tools,
courses, and strategies identified under this paragraph include
peer-to-peer virtual learning opportunities to be used for the
purposes of project-based learning, deeper learning, and
collaborative learning, and other tools, courses, and
strategies designed to help students develop 21st century
skills, such as the ability to think critically and solve
problems, be effective communicators, collaborate with others,
and learn to create and innovate.
(6) Technology-based or online courses that allow students
to take courses that they would not otherwise have access to.--
Technology-based or online courses identified under this
paragraph include courses or collections of courses that
provide students access to courses that they would not
otherwise have access to, such as the following:
(A) An online repository of elective courses.
(B) Online or software-based courses in foreign
languages, especially in languages identified as
critical or in schools where a teacher is not available
to teach the language or course level a student
requires.
(C) Online advanced or college-level courses that
can be taken for credit.
(b) Authorized Use of Funds.--An eligible partnership receiving a
grant under this Act may use grant funds to--
(1) develop the technology for technology-based learning
strategies, practices, courses, or tools to be carried out
under the grant;
(2) purchase hardware or software needed to carry out such
strategies, practices, courses, or tools under the grant,
except that such purchases may not exceed 50 percent of total
grant funds;
(3) address the particular needs of student subgroups,
including students with disabilities and English-language
learners;
(4) provide technology-based professional development or
professional development on how to maximize the utility of
technology; and
(5) address issues of cost and capacity in rural areas and
shortage subjects.
SEC. 7. DATA COLLECTION AND EVALUATION.
(a) In General.--Each eligible partnership receiving a grant under
this Act shall require its evaluation partner to complete an
independent, comprehensive, well-designed, and well-implemented
evaluation that meets the standards of the What Works Clearinghouse
after the third year of implementation of the grant to measure the
effect of the practice, tool, strategy, or course on--
(1) student achievement, as measured by high quality
assessments that provide objective, valid, reliable measures of
student academic growth and information on whether a student is
on-track to graduate ready for college and career;
(2) costs and savings to the school partner; and
(3) at least one of the following:
(A) Student achievement gaps.
(B) Graduation and dropout rates.
(C) College enrollment.
(D) College persistence.
(E) College completion.
(F) Placement in a living-wage job.
(G) Enhanced teacher or principal effectiveness as
measured by valid, reliable, and multiple measures of
student achievement and other appropriate measures.
(b) Evaluation.--The Secretary shall--
(1) acting through the Director of the Institute of
Education Sciences--
(A) evaluate the implementation and impact of the
activities supported under the grant program authorized
under this section; and
(B) identify best practices; and
(2) disseminate, in consultation with the regional
educational laboratories established under part D of the
Education Sciences Reform Act of 2002 and comprehensive centers
established under the Educational Technical Assistance Act of
2002, research on best practices in school leadership.
(c) Implementation Evaluation.--An evaluation partner may use funds
under this Act to carry out an implementation evaluation designed to
provide information that may be useful for schools, local educational
agencies, States, consortia of schools, and charter school networks
seeking to implement similar practices, tools, strategies, or courses
in the future.
(d) Publication of Results.--Upon completion of an evaluation
described in subsection (a), (b), or (c) the evaluation partner shall--
(1) submit a report of the results of the evaluation to the
Secretary; and
(2) make publicly available such results.
SEC. 8. DEFINITIONS.
In this Act:
(1) Eligible partnership.--The term ``eligible
partnership'' means a partnership that includes a school
partner and not less than 1--
(A) digital learning partner, except that in a case
in which a school partner or evaluation partner
demonstrates expertise in digital learning to the
Secretary; and
(B) evaluation partner.
(2) School partner.--The term ``school partner'' means a--
(A) local educational agency;
(B) a charter school network that does not include
virtual schools;
(C) a consortium of public elementary schools or
secondary schools;
(D) a regional educational service agency or
similar regional educational service provider; or
(E) a consortium of the entities described in
subparagraphs (A) through (D).
(3) Digital learning partner.--The term ``digital learning
partner'' means an organization with expertise in the
technology required to develop or implement the digital
learning practices, tools, strategies, or courses proposed by
the school partner with which the digital learning partner will
partner or has partnered under this Act, such as--
(A) an institution of higher education;
(B) a nonprofit organization; or
(C) an organization with school development or
turnaround experience.
(4) Evaluation partner.--The term ``evaluation partner''
means a partner that has the expertise and ability to carry out
the evaluation of a grant received under this Act, such as--
(A) an institution of higher education;
(B) a nonprofit organization with expertise in
evaluation; or
(C) an evaluation firm.
(5) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002).
(6) Local educational agency.--The term ``local educational
agency'' has the meaning given the term in section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(7) Secretary.--The term ``Secretary'' means the Secretary
of Education. | Schools of the Future Act - Authorizes the Secretary of Education to award competitive three- to five-year grants to eligible partnerships to implement and evaluate the results of technology-based learning practices, strategies, tools, or courses at rural schools. Defines "eligible partnerships" as those composed of a school partner, a digital learning partner, and an evaluation partner. Describes a "school partner" as a: (1) local educational agency, (2) charter school network that does not include virtual schools, (3) consortium of public elementary or secondary schools, (4) regional educational service provider, or (5) consortium of such entities. Describes a "digital learning partner" as an institution of higher education, a nonprofit organization, or an organization with school development or turnaround experience. Includes among the grant-funded technology-based learning practices, strategies, tools, or courses, those that: (1) personalize the learning experience, (2) aid and inform instruction, (3) meet the needs of students with specific educational needs, (4) help students develop 21st century skills, and (5) give students access to courses that would otherwise be unavailable to them. Requires each partnership's evaluation partner, after the third year of the grant, to evaluate the effect of the technology-based learning practices, strategies, tools, or courses on student achievement and its school partner's costs and savings. Directs the Secretary, acting through the Director of the Institute of Education Sciences, to: (1) evaluate the implementation and impact of the activities supported by this Act's grants, (2) identify best practices, and (3) disseminate research on best practices in school leadership. | {"src": "billsum_train", "title": "Schools of the Future Act"} | 3,002 | 359 | 0.626133 | 2.08231 | 0.818614 | 3.524096 | 9.216867 | 0.933735 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Driver's License Modernization Act
of 2002''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The terrorist attacks of September 11, 2001,
illuminated many flaws in the Nation's domestic security,
especially in its identification system.
(2) Drivers' licenses and identification cards issued by
States have become the favored form of identity verification in
the United States and are used by government agencies and
private entities alike.
(3) Inconsistent requirements between the States for
initial identity verification and insufficient verification of
identity documents have made the identification systems of
States a prime target for fraud and identity theft.
(4) Different designs on drivers' licenses and
identification cards issued by States have created a market,
including sales on the Internet, for fake cards that look real
to those who are unfamiliar with the official designs.
(5) Improving the security of State identification systems
will require taking advantage of new technology.
(6) Identification card technologies that can accommodate
other government and private applications will provide the best
return on the investment in the new cards.
(7) It is necessary to improve the security of drivers'
licenses and identification cards issued by States so that
multiple licensing of individuals will be eliminated, the
purchase of alcohol and tobacco products by underage
individuals will be reduced, and identity theft will be
severely reduced.
SEC. 3. STATE DRIVER'S LICENSE AND IDENTIFICATION CARD PROGRAMS.
(a) In General.--Subchapter I of chapter I of title 23, United
States Code, is amended by adding at the end the following:
``Sec. 165. State driver's license and identification card programs
``(a) Definitions.--In this section, the following definitions
apply:
``(1) Driver's license.--The term `driver's license' means
a license issued by the motor vehicle agency of a State to an
individual that authorizes the individual to operate a motor
vehicle on highways.
``(2) Identification card.--The term `identification card'
means an identification card issued by the motor vehicle agency
of a State to an individual.
``(b) State Driver's License and Identification Card Programs.--Not
later than 5 years after the date of enactment of this section, each
State shall have in effect a driver's license and identification card
program under which the State meets the following requirements:
``(1) Computer chips in drivers' licenses and id cards.--
``(A) In general.--A State shall embed a computer
chip in each new or renewed driver's license or
identification card issued by the State.
``(B) Requirements for computer chips.--A computer
chip embedded in a driver's license or identification
card under this paragraph shall--
``(i) contain, in electronic form, all text
data written on the license or card;
``(ii) contain encoded biometric data
matching the holder of the license or card;
``(iii) contain encryption and security
software or hardware (or both) that prevents
access to data stored on the chip without the
express consent of the individual to whom the
data applies, other than access by a Federal,
State, or local agency (including a court or
law enforcement agency) in carrying out its
functions, or by a private entity acting on
behalf of a Federal, State, or local agency in
carrying out its functions;
``(iv) accept data or software written to
the license or card by non-governmental devices
if the data transfer is authorized by the
holder of the license or card; and
``(v) conform to any other standards issued
by Secretary.
``(2) Biometric data.--
``(A) In general.--A State shall obtain biometric
data for the identification of each individual to whom
the State issues a new or renewed driver's license or
identification card and shall maintain such data.
``(B) Requirement for biometric data.--Biometric
data obtained by a State under this paragraph shall be
of a type that can be matched to the license or card
holder only with the express cooperation of the license
or card holder.
``(3) Participation in linking of databases.--
``(A) In general.--A State shall participate in a
program to link State motor vehicle databases in order
to provide electronic access by a State to information
contained in the motor vehicle databases of all other
States.
``(B) Requirements for information.--A State motor
vehicle database shall contain, at a minimum, the
following information:
``(i) All data fields printed on drivers'
licenses and identification cards issued by the
State, other than the encoded biometric data
stored on such licenses and cards under
paragraph (1).
``(ii) Biometric data obtained under
paragraph (2) from each individual to whom the
State issues a new or renewed driver's license
or identification card.
``(iii) Motor vehicle drivers' histories,
including motor vehicle violations,
suspensions, and points on licenses.
``(4) Tamper-resistant security features.--A State shall
include on each new or renewed driver's license or
identification card issued by the State, multiple tamper-
resistant security features or optical image layers, such as
biometric scans, barcodes, 3D, flip, or motion imaging, to
assist in visual verification that the license or card is
valid.
``(5) Documentation.--A State shall adopt and implement
procedures for accurately documenting the identity and
residence of an individual before issuing a driver's license or
identification card to the individual.
``(c) Guidelines.--
``(1) In general.--Not later than 6 months after the date
of enactment of this section, the Secretary shall issue
guidelines to assist States in complying with the requirements
of subsection (b).
``(2) Contents.--The guidelines issued under this
subsection shall contain, at a minimum, the following:
``(A) Standards for the computer chip technology
required for compliance with subsection (b)(1),
including--
``(i) standards to ensure interoperability
and the ability to store multiple applications
created by government agencies and private
entities and transmitted to the license or card
with the express consent of the license or card
holder; and
``(ii) standards for the encoded biometric
data that must be contained on each computer
chip and requirements to ensure that such
biometric data will be used only for matching
the license or card to the presenter and will
not be stored in a central database.
``(B) Standards for biometric data to be obtained
from applicants for new or renewed State drivers'
licenses and identification cards under subsection
(b)(2) and standards for maintaining such data.
``(C) Standards for linking State motor vehicle
databases under subsection (b)(3) and standards for the
information to be contained in the databases.
``(D) Standards for security features or optical
image layers to be placed on State drivers' licenses
and identification cards under subsection (b)(4).
``(E) Standards for documentation of the identity
and residence of an individual under subsection (b)(5),
including a list of acceptable documents for
establishing the identity and residence of an
individual and procedures for verifying the
authenticity of the documents.
``(F) Standards for a numbering system for State
drivers' licenses and identification cards that
prevents duplication between States and does not make
use of the license or card holder's Social Security
number.
``(3) Consultation.--Guidelines issued by the Secretary
under this subsection shall be developed in consultation with
the American Association of Motor Vehicle Administrators, the
General Services Administration, and the National Institute of
Standards and Technology.
``(4) Administrative procedures.--The Secretary may issue
guidelines under this subsection without regard to subchapter
II of chapter 5 of title 5.
``(d) Grants.--
``(1) In general.--The Secretary may make grants to each
State to assist the State in developing and implementing a
driver's license and identification card program that meet the
requirements of subsection (b).
``(2) Grants for linking of state motor vehicle
databases.--The Secretary may make separate grants under this
subsection to each State to assist the State in developing and
implementing computer technologies and databases required to
link State motor vehicle databases under subsection (b)(3).
``(3) Applications.--A State seeking a grant under this
subsection shall submit to the Secretary an application that is
in such form and contains such information as the Secretary may
require. The Secretary shall evaluate such applications in the
order received and award grants upon approval of an
application.
``(4) Federal share.--The Federal share of the cost of
activities funded using amounts from a grant received by a
State under this subsection shall be 100 percent or a lesser
percentage determined by the Secretary.
``(5) Technical assistance from gsa.--For purposes of
section 201(a) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 481(a)), a State carrying out
activities using amounts from a grant under this section shall
be treated as an executive agency and part of the Department of
Transportation when carrying out such activities. For purposes
of carrying out such activities, the Secretary shall, at the
request of a State, enter into an agreement for the
acquisition, on behalf of the State, of any goods, services, or
supplies available to the Secretary from the General Services
Administration, including acquisitions from prime venders. All
such acquisitions shall be undertaken through the most
efficient and speedy means practicable, including through
electronic ordering arrangements.
``(6) Reports.--The Secretary shall require a State that
receives a grant under this subsection to submit to the
Secretary, not later than 1 year after the date of
implementation of the activities funded using the amounts of
the grant, a report on the results of the activities.
``(7) Repayment.--
``(A) In general.--Except as provided in
subparagraph (B), if the Secretary determines that a
State receiving a grant under this subsection has not
met the requirements of subsection (b) on or before the
last day of the 5-year period beginning on the date of
enactment of this section, the Secretary may require
the State to repay, in whole or in part, the total
amount received by the State in grants under this
subsection.
``(B) Grants for linking of state motor vehicle
databases.--In the case of a grant received under
paragraph (2), if the Secretary determines that a State
receiving the grant has not met the requirements of
subsection (b)(3) on or before the last day of the 5-
year period beginning on the date of enactment of this
section, the Secretary may require the State to repay,
in whole or in part, the total amount received by the
State in grants under paragraph (2).
``(8) Authorization of appropriations.--There is authorized
to be appropriated--
``(A) $100,000,000 for making grants under
paragraph (1); and
``(B) $200,000,000 for making grants under
paragraph (2).
Such sums shall remain available until expended.
``(e) Transition From National Driver Register.--After the last day
of the 5-year period beginning on the date of enactment of this
section, no amounts may be appropriated to carry out chapter 303 of
title 49. The Secretary shall provide for the orderly transition from
the National Driver Register maintained under such chapter 303 to the
program established under subsection (b)(3).''.
(b) Conforming Amendment.--The analysis for such chapter is amended
by adding at the end of the items relating to subchapter I the
following:
``165. State driver's license and identification card programs.''.
SEC. 4. FORGERY OR FALSE USE OF DRIVER'S LICENSE OR IDENTIFICATION
CARD.
(a) In General.--Title 18, United States Code, is amended by
inserting after chapter 123 the following:
``CHAPTER 125--STATE DRIVERS' LICENSES AND IDENTIFICATION CARDS
``Sec.
``2731. Definitions.
``2732. Forgery, fraudulent acquisition, or false use of driver's
license or identification card.
``Sec. 2731. Definitions
``In this chapter, the terms `driver's license' and `identification
card' have the meanings given such terms in section 165 of title 23.
``Sec. 2732. Forgery, fraudulent acquisition, or false use of driver's
license or identification card
``Whoever--
``(1) falsely makes, forges, counterfeits, mutilates, or
alters any driver's license or identification card or
instrument purporting to be a driver's license or
identification card, with intent that the license or card may
be used,
``(2) except by lawful authority, makes a template or
similar device from which there may be printed a counterfeit
driver's license or identification card,
``(3) obtains or assists in obtaining a driver's license or
identification card through willful misrepresentation of
identity, presentation of falsified identity documents such as
birth certificates or passports, or other fraudulent
representation,
``(4) tampers with, alters, or destroys a computer chip
embedded in a driver's license or identification card or data
contained on the computer chip, or
``(5) except by lawful authority, accesses data contained
on a computer chip embedded in a driver's license or
identification card,
shall be fined under this title, imprisoned not more than 20 years, or
both.''.
(b) Clerical Amendment.--The table of chapters at the beginning of
part I of title 18, United States Code, is amended by adding at the end
the following:
``127. State drivers' licenses and identification cards..... 2731''.
SEC. 5. INNOVATIVE USES PILOT PROGRAM.
(a) In General.--The National Science Foundation may make grants to
States for the implementation of programs that utilize computer chips
embedded in drivers' licenses and identification cards (as such terms
are defined in section 165 of title 23, United States Code) for
innovative uses that enhance government services.
(b) Innovative Uses.--The innovative uses referred to in subsection
(a) may include the issuance of food stamps, voter registration, and
other digital government applications that streamline and simplify
State services to residents, including uses authorized under the
Electronic Signatures in Global and National Commerce Act (15 U.S.C.
7001 et seq.).
(c) Federal Share.--The Federal share of the cost of activities
funded using amounts from a grant received under this section shall not
exceed 50 percent.
(d) Authorization of Appropriations.--There is authorized to be
appropriated for making grants under this section $15,000,000. Such
sums shall remain available until expended. | Driver's License Modernization Act of 2002 - Amends Federal highway provisions to require each State, within five years, to have in effect a driver's license and identification card program under which a State shall: (1) include in each new or renewed license or card a computer chip containing card or license text data in electronic form, biometric data on the license or card holder, and security features or optical image layers to assist in visual verification that the license or card is valid; (2) obtain and maintain such biometric data; (3) participate in a program to link State motor vehicle databases electronically; and (4) implement procedures for accurately documenting the identity and residence of an individual before issuing a license or card.Authorizes grants to each State: (1) by the Secretary of Transportation to assist in developing and implementing such program and computer technologies and databases required to link State motor vehicle databases; and (2) the National Science Foundation for implementing programs that utilize such embedded computer chips for innovative uses that enhance government services.Sets forth requirements regarding transition from the National Driver Register.Prohibits forgery or false use of, tampering with, or unlawfully accessing data in a driver's license or identification card. | {"src": "billsum_train", "title": "To amend title 23, United States Code, to establish standards for State programs for the issuance of drivers' licenses and identification cards, and for other purposes."} | 3,290 | 261 | 0.611895 | 1.760624 | 0.673665 | 3.92766 | 13.191489 | 0.940426 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Careers for Veterans Act of 2012''.
SEC. 2. EMPLOYMENT OF VETERANS WITH THE FEDERAL GOVERNMENT.
(a) In General.--Section 4214 of title 38, United States Code, is
amended--
(1) in subsection (b), by adding at the end the following:
``(4)(A) The requirement under this section is in addition to the
appointment of qualified covered veterans under the authority under
paragraph (1) by the Department of Veterans Affairs and the Department
of Defense.
``(B) The head of each agency, in consultation with the Director of
the Office of Personnel Management, shall develop a plan for exercising
the authority under paragraph (1) during the five-year period beginning
on the date of enactment of the Careers for Veterans Act of 2012.
``(C) The Director of the Office of Personnel Management shall
ensure that under the plans developed under subparagraph (B) agencies
shall appoint to existing vacancies not fewer than 10,000 qualified
covered veterans during the five-year period beginning on the date of
enactment of the Careers for Veterans Act of 2012.'';
(2) in subsection (d), in the third sentence, by inserting
``(including, during the 5-year period beginning on the date of
enactment of the Careers for Veterans Act of 2012, the
development and implementation by each agency of the plan
required under subsection (b)(4), which shall include
information regarding the grade or pay level of appointments by
the agency under the plan and whether the appointments are, or
are converted to, career or career-conditional appointments)''
after ``subsection (b) of this section''; and
(3) in subsection (e)--
(A) in paragraph (1)--
(i) in the matter before subparagraph (A),
by striking ``to the Congress'' and inserting
``to the appropriate committees of Congress'';
and
(ii) in subparagraph (A), by inserting
``(including, during the 5-year period
beginning on the date of enactment of the
Careers for Veterans Act of 2012, the
development and implementation by the agency of
the plan required under subsection (b)(4),
which shall include information regarding the
grade or pay level of appointments by the
agency under the plan and whether the
appointments are, or are converted to,
permanent appointments)'' before the period;
and
(B) by adding at the end the following new
paragraph:
``(3) In this subsection, the term `appropriate committees of
Congress' means--
``(A) the Committee on Veterans' Affairs and the Committee
on Homeland Security and Governmental Affairs of the Senate;
and
``(B) the Committee on Veterans' Affairs and the Committee
on Oversight and Government Reform of the House of
Representatives.''.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Director of the Office of Personnel Management shall
submit to the appropriate committees of Congress (as defined under
section 4214(e)(3) of title 38, United States Code, as amended by
subsection (a)) regarding the development of a plan to carry out the
amendments made by subsection (a).
SEC. 3. REQUIREMENT THAT STATES RECOGNIZE MILITARY EXPERIENCE OF
VETERANS WHEN ISSUING LICENSES AND CREDENTIALS TO
VETERANS.
(a) In General.--Section 4102A(c) of title 38, United States Code,
is amended by adding at the end the following new paragraph:
``(9)(A) As a condition of a grant or contract under which funds
are made available to a State under subsection (b)(5) in order to carry
out section 4103A or 4104 of this title, the State shall--
``(i) establish a program under which the State administers
an examination to each veteran seeking a license or credential
issued by the State and issues such license or credential to
such veteran without requiring such veteran to undergo any
training or apprenticeship if the veteran--
``(I) receives a satisfactory score on completion
of such examination, as determined by the State; and
``(II) has not less than 10 years of experience in
a military occupational specialty that, as determined
by the State, is similar to a civilian occupation for
which such license or credential is required by the
State; and
``(ii) submit each year to the Secretary a report on the
exams administered under clause (i) during the most recently
completed 12-month period that includes, for the period covered
by the report the number of veterans who completed an exam
administered by the State under clause (i) and a description of
the results of such exams, disaggregated by occupational field.
``(B) Not less frequently than once each year, the Secretary shall
submit to Congress and the Secretary of Defense a report summarizing
the information received by the Secretary under subparagraph
(A)(ii).''.
(b) Effective Date.--
(1) Exams.--Subparagraph (A) of section 4102A(c)(9) of such
title, as added by subsection (a), shall take effect on the
date that is one year after the date of the enactment of this
Act and shall apply with respect to grants and contracts
described in such subparagraph awarded after such date.
(2) Reports.--Subparagraph (B) of section 4102A(c)(9), as
added by subsection (a), shall take effect on the date that is
one year after the date of the enactment of this Act and the
Secretary of Labor shall submit the first report under such
subparagraph not later than two years after the date of the
enactment of this Act.
SEC. 4. SUPPORT FOR JOB SEARCHES OF VETERANS THROUGH ONE-STOP CENTERS.
(a) Furnishing of List of Internet Resources.--Not later than 30
days after the date of the enactment of this Act, the Secretary of
Labor shall furnish each one-stop center with a list of all Internet
websites and applications that the Secretary has identified as
beneficial for veterans in pursuit of employment to their pursuit.
(b) Identification of Additional Resources.--The Secretary shall
coordinate with public and private sector entities to identify Internet
websites and applications not already included in a list furnished
under subsection (a) that--
(1) match veterans seeking employment with available jobs
based on the skills the veterans acquired as members of the
Armed Forces; and
(2) allow employers to post information about available
jobs.
(c) Supplements.--The Secretary of Labor shall furnish each one-
stop center with a list of Internet websites and applications
identified under subsection (b).
(d) Report.--Not later than 455 days after the date of the
enactment of this Act, the Secretary of Labor shall submit to the
appropriate committees of Congress a report on the use of the Internet
websites and applications identified under subsection (b) for the
benefit of veterans in pursuit of employment.
(e) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Veterans' Affairs and the
Committee on Health, Education, Labor, and Pensions of
the Senate; and
(B) the Committee on Veterans' Affairs and the
Committee on Education and the Workforce of the House
of Representatives.
(2) One-stop center.--The term ``one-stop center'' means a
center described in section 134(c) of the Workforce Investment
Act of 1998 (29 U.S.C. 2864(c)).
SEC. 5. EXPANSION OF CONTRACTING GOALS AND PREFERENCES OF DEPARTMENT OF
VETERANS AFFAIRS TO INCLUDE SMALL BUSINESS CONCERNS 100
PERCENT BUT CONDITIONALLY OWNED BY VETERANS.
Section 8127(l) of title 38, United States Code, is amended--
(1) in paragraph (2), by inserting ``unconditionally''
before ``owned by'' each place it appears; and
(2) by adding at the end the following new paragraph:
``(3) The term `unconditionally owned' includes, with
respect to ownership of a small business concern, conditional
ownership of such small business concern if such business
concern is 100 percent owned by one or more veterans.''.
SEC. 6. MODIFICATION OF TREATMENT UNDER CONTRACTING GOALS AND
PREFERENCES OF DEPARTMENT OF VETERANS AFFAIRS FOR SMALL
BUSINESSES OWNED BY VETERANS OF SMALL BUSINESSES AFTER
DEATH OF DISABLED VETERAN OWNERS.
(a) In General.--Section 8127(h) of title 38, United States Code,
is amended--
(1) in paragraph (3), by striking ``rated as'' and all that
follows through ``disability.'' and inserting a period; and
(2) in paragraph (2), by amending subparagraph (C) to read
as follows:
``(C) The date that--
``(i) in the case of a surviving spouse of a
veteran with a service-connected disability rated as
100 percent disabling or who dies as a result of a
service-connected disability, is 10 years after the
date of the veteran's death; or
``(ii) in the case of a surviving spouse of a
veteran with a service-connected disability rated as
less than 100 percent disabling who does not die as a
result of a service-connected disability, is three
years after the date of the veteran's death.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date that is 180 days after the date of the
enactment of this Act and shall apply with respect to contracts awarded
on or after such date.
SEC. 7. TREATMENT OF BUSINESSES AFTER DEATHS OF SERVICEMEMBER-OWNERS
FOR PURPOSES OF DEPARTMENT OF VETERANS AFFAIRS
CONTRACTING GOALS AND PREFERENCES.
(a) In General.--Section 8127 of title 38, United States Code, is
amended--
(1) by redesignating subsections (i) through (l) as
subsections (j) through (m), respectively; and
(2) by inserting after subsection (h) the following new
subsection (i):
``(i) Treatment of Businesses After Death of Servicemember-Owner.--
(1) If a member of the Armed Forces owns at least 51 percent of a small
business concern and such member is killed in line of duty in the
active military, naval, or air service, the surviving spouse or
dependent of such member who acquires such ownership rights in such
small business concern shall, for the period described in paragraph
(2), be treated as if the surviving spouse or dependent were a veteran
with a service-connected disability for purposes of determining the
status of the small business concern as a small business concern owned
and controlled by veterans for purposes of contracting goals and
preferences under this section.
``(2) The period referred to in paragraph (1) is the period
beginning on the date on which the member of the Armed Forces dies and
ending on the date as follows:
``(A) In the case of a surviving spouse, the earliest of
the following dates:
``(i) The date on which the surviving spouse
remarries.
``(ii) The date on which the surviving spouse
relinquishes an ownership interest in the small
business concern and no longer owns at least 51 percent
of such small business concern.
``(iii) The date that is ten years after the date
of the member's death.
``(B) In the case of a dependent who is not a spouse, the
earliest of the following dates:
``(i) The date on which the surviving dependant
relinquishes an ownership interest in the small
business concern and no longer owns at least 51 percent
of such small business concern.
``(ii) The date that is ten years after the date of
the member's death.''.
(b) Effective Date.--Subsection (i) of section 8127 of such title,
as added by subsection (a), take effect on the date of the enactment of
this Act and shall apply with respect to the deaths of members of the
Armed Forces occurring on or after such date.
SEC. 8. SPECIAL RULE FOR TREATMENT UNDER CONTRACTING GOALS AND
PREFERENCES OF DEPARTMENT OF VETERANS AFFAIRS OF SMALL
BUSINESS CONCERNS LICENSED IN COMMUNITY PROPERTY STATES.
Section 8127 of title 38, United States Code, as amended by section
7, is further amended by adding at the end the following new
subsection:
``(n) Special Rule for Community Property States.--Whenever the
Secretary assesses, for purposes of this section, the degree of
ownership by an individual of a small business concern licensed in a
community property State, the Secretary shall also assess what that
degree of ownership would be if such small business concern had been
licensed in a State other than a community property State. If the
Secretary determines that such individual would have had a greater
degree of ownership of the small business concern had such small
business concern been licensed in a State other than a community
property State, the Secretary shall treat, for purposes of this
section, such small business concern as if it had been licensed in a
State other than a community property State.''.
SEC. 9. OFF-BASE TRANSITION TRAINING.
(a) Provision of Off-Base Transition Training.--During the three-
year period beginning on the date of the enactment of this Act, the
Secretary of Labor shall provide the Transition Assistance Program
under section 1144 of title 10, United States Code, to eligible
individuals at locations other than military installations in not less
than three and not more than five States selected by the Secretary.
(b) Selection of Locations.--In selecting States in which to carry
out the training under subsection (a), the Secretary shall select the
States with the highest rates of veteran unemployment. The Secretary
shall provide such training to veterans at a sufficient number of
locations within the selected States to meet the need. The Secretary
shall select such locations to facilitate access by participants and
may not select any location on a military installation other than a
National Guard or reserve facility that is not located on an active
duty military installation.
(c) Eligible Individuals.--For purposes of this section, an
eligible individual is a veteran or the spouse of a veteran.
(d) Inclusion of Information About Veterans Benefits.--The
Secretary shall ensure that the training provided under subsection (a)
generally follows the content of the Transition Assistance Program
under section 1144 of title 10, United States Code.
(e) Integrating Subject Matter Experts.--The Secretary of Labor
shall include in any contract entered into pursuant to section 1144 of
title 10, United States Code, or section 4113 of title 38, United
States Code, a requirement to include experts in subject matters
relating to human resources practices, including resume writing,
interviewing and job searching skills, and the provision of information
about post-secondary education.
(f) Annual Report.--Not later than March 1 of any year during which
the Secretary provides training under subsection (a), the Secretary
shall submit to Congress a report on the provision of such training.
(g) Comptroller General Report.--Not later than 180 days after the
termination of the three-year period described in subsection (a), the
Comptroller General of the United States shall submit to Congress a
report on the training provided under such subsection. The report shall
include the evaluation of the Comptroller General regarding the
feasibility of carrying out off-base transition training at locations
nationwide. | Careers for Veterans Act of 2012 - Directs the head of each federal agency to develop a plan for exercising, during the five-year period beginning on the enactment of this Act, current Department of Defense (DOD) and Department of Veterans Affairs (VA) authority to hire qualified veterans for positions within the federal government. Includes as qualified veterans those who: (1) are disabled or recently separated; (2) served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized; or (3) while serving on active duty, participated in a military operation for which an Armed Forces service medal was awarded. Requires the Director of the Office of Personnel Management (OPM) to ensure that, under such plans, agencies shall appoint no less than 10,000 qualified veterans during the five-year period.
Requires a state, as a condition for receipt of a grant or contract from the VA for support of disabled veterans' outreach specialists and local veterans' employment representatives, to establish a program which issues a license or credential to a veteran without requiring any training or apprenticeship if such veteran: (1) receives a satisfactory score on completion of an examination administered by that state, and (2) has at least 10 years of experience in a military occupational specialty that is similar to the civilian occupation for which such license or credential is required.
Directs the Secretary of Labor to: (1) furnish each one-stop (job search) center with a list of all Internet websites and applications identified as beneficial for veterans in pursuit of employment; and (2) coordinate with public and private entities to identify websites and applications not included on such list that match veterans seeking employment with available jobs based on skills acquired as members of the Armed Forces, and allow employers to post information about available jobs.
Expands VA small business contracting goals to include small businesses fully, but conditionally, owned by one or more veterans.
Treats the surviving spouse of a service-disabled veteran who acquires the ownership interest in a small business of the deceased veteran as such veteran, for purposes of eligibility for VA service-disabled small business contracting goals and preferences, for a period of: (1) 10 years after the veteran's death, if such veteran was either 100% disabled or died from a service-connected disability; or (2) 3 years after such death, if the veteran was less than 100% disabled and did not die from a service-connected disability.
Treats a small business acquired by the surviving spouse or dependent from a member killed during active duty as a small business owned and controlled by a service-disabled veteran, for purposes of VA small business contracting goals and preferences. Continues such treatment for the period beginning on the date of the member's death and ending on the earlier of the date on which the surviving spouse remarries or relinquishes, or the date on which the surviving dependent relinquishes, such ownership interest or ten years after the member's death.
Provides that if the Secretary determines, for purposes of VA small business contracting goals, that an individual would have had a greater degree of ownership of a small business in a state other than a community property state, then the Secretary shall treat such small business as licensed in a non-community property state.
Directs the Secretary of Labor, during the three-year period beginning on the enactment of this Act, to provide the Transition Assistance Program (TAP) to veterans and their spouses at locations other than military installations in at least three, and up to five, states selected by the Secretary based on the highest rates of veteran unemployment. | {"src": "billsum_train", "title": "A bill to amend title 38, United States Code, to require Federal agencies to hire veterans, to require States to recognize the military experience of veterans when issuing licenses and credentials to veterans, and for other purposes."} | 3,576 | 795 | 0.547349 | 1.776216 | 0.628358 | 3.149086 | 4.49789 | 0.915612 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Early-Stage Business Investment and
Incubation Act of 2010''.
SEC. 2. EARLY-STAGE BUSINESS INVESTMENT AND INCUBATION GRANT PROGRAM.
(a) Establishment.--Not later than 60 days after the date of
enactment of this Act, the Secretary of Commerce shall establish an
early-stage business investment and incubation grant program (in this
section referred to as the ``program'') to support the development of
early-stage businesses in targeted industries.
(b) Grant Authority.--
(1) In general.--In carrying out the program, the Secretary
is authorized to make grants to covered business incubators.
(2) Grant amounts.--
(A) Non-federal capital limitation.--A grant made
to a covered business incubator under the program may
not be in an amount that exceeds the amount of the
incubator's capital that--
(i) is not from a Federal source; and
(ii) is available for investment and
incubation services on or before the date on
which a grant is drawn upon.
(B) Aggregate amount limitation.--The aggregate
amount of all grants made to a covered business
incubator under the program may not exceed $5,000,000.
(c) Grant Award Process.--In making a grant under the program, the
Secretary shall commit a grant amount to a covered business incubator
and the amount of each such commitment shall remain available to be
drawn upon by such incubator during the 5-year period beginning on the
date on which each such commitment is first drawn upon.
(d) Use of Grant.--
(1) In general.--A grant made under the program may be used
by a covered business incubator for the following:
(A) Making an investment in an early-stage business
in a targeted industry.
(B) Providing training, counseling, and other
assistance to an early-stage business in a targeted
industry to support the development of the business.
(C) Providing purchased services to an early-stage
business in a targeted industry.
(D) Conducting due diligence activities.
(E) Meeting operational expenses.
(2) Limitations.--
(A) Purchased services.--Not more than 20 percent
of the amount of a grant made to a covered business
incubator under the program may be used by the
incubator to provide purchased services to an early-
stage business in a targeted industry.
(B) Due diligence activities.--Not more than 6
percent of the amount of a grant made to a covered
business incubator under the program may be used by the
incubator to conduct due diligence activities.
(C) Operational expenses.--Not more than 5 percent
of the amount of a grant made to a covered business
incubator under the program may be used by the
incubator to meet operational expenses.
(3) Designation of grant uses.--In the application of a
covered business incubator for a grant under the program, the
incubator shall notify the Secretary of the percentage of the
grant amount that will be used for each of the activities
described in subparagraphs (A) through (E) of paragraph (1) and
provide a detailed description of the activities to be
undertaken.
(e) Grant Conditions.--
(1) Fund manager.--As a condition of receiving a grant
under the program, a covered business incubator shall designate
an individual as the fund manager for the grant amount, who
shall administer and be responsible to the Secretary for
information with respect to the grant amounts received.
(2) Investment committee.--As a condition of receiving a
grant under the program, a covered business incubator shall
establish an investment committee composed of not less than 5
individuals (3 of whom may not be employed by or related to the
incubator or an affiliate of the incubator) that shall--
(A) review proposals for and advise the incubator
on the use of grant funds;
(B) provide letters of support and reference to the
Secretary with respect to proposals for the use of
grant funds by the incubator; and
(C) submit periodic reports to the Secretary on the
results of activities carried out with grant funds.
(3) Collaborator.--As a condition of receiving a grant
under the program, a covered business incubator shall assign to
each early-stage business in a targeted industry that is
assisted with grant amounts a collaborator who shall be an
individual not employed by or related to the incubator or an
affiliate of the incubator and who shall assist the incubator
in providing support to the business.
(f) Federal Share of Activities.--The Federal share of the cost of
an activity carried out by a covered business incubator with the
assistance of a grant under the program shall not exceed 75 percent of
such cost.
(g) Monitoring and Evaluation.--
(1) In general.--The Secretary shall assess the
effectiveness of covered business incubators that receive a
grant under the program.
(2) Data from incubators.--Not later than 120 days after
the date of receiving a grant under the program, a covered
business incubator shall provide to the Secretary information
on the activities of the incubator and on the businesses
assisted under the grant, including--
(A) the number of jobs created by the businesses;
(B) the amount of taxes paid by the businesses and
the employees of the businesses; and
(C) other data that, as determined by the
Secretary, may be used to measure the value of
assistance under the program.
(h) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out the program--
(A) $250,000,000 for the first full fiscal year
beginning after the date of enactment of this Act; and
(B) such sums as may be necessary for subsequent
fiscal years.
(2) Prohibition on earmarks.--None of the funds
appropriated for the program may be used for a congressional
earmark as defined in clause 9(e) of rule XXI of the Rules of
the House of Representatives.
(i) Definitions.--In this Act, the following definitions apply:
(1) Covered business incubator.--The term ``covered
business incubator'' means a public or private not-for-profit
organization, including an academic institution, that--
(A) operates a program providing assistance to
early-stage business in targeted industries to support
the development of those businesses;
(B) has a physical location and on-site management
for the program described under subparagraph (A); and
(C) has procedures for selecting businesses for and
graduating businesses from the program described under
subparagraph (A).
(2) Due diligence activities.--The term ``due diligence
activities'' means activities undertaken to analyze and assess
the desirability, value, and potential of an opportunity to
provide assistance to an early-stage business in a targeted
industry.
(3) Early-stage business in a targeted industry.--The term
``early-stage business in a targeted industry'' means a small
business concern that--
(A) is domiciled in a State;
(B) has not generated gross annual revenues
exceeding $15,000,000 in any of the previous 3 years;
and
(C) is engaged primarily in researching,
developing, manufacturing, producing, or bringing to
market goods or services with respect to any of the
following business sectors:
(i) Agricultural technology.
(ii) Energy technology.
(iii) Environmental technology.
(iv) Life science technology.
(v) Biotechnology.
(vi) Information technology.
(vii) Digital media.
(viii) Clean technology.
(ix) Defense technology.
(x) Photonics technology.
(xi) Electronic technology.
(xii) Semiconductor technology.
(xiii) Material science technology.
(xiv) Aerospace.
(xv) Communications.
(xvi) Transportation.
(4) Operational expenses.--The term ``operational
expenses'' means the costs of operating an incubator, including
overhead and management expenses.
(5) Purchased services.--The term ``purchased services''
means any training, counseling, or other assistance provided to
an early-stage business in a targeted industry that is provided
by a covered business incubator through an agreement with
another entity, and not by the incubator directly.
(6) Secretary.--The terms ``Secretary'' and ``Secretary of
Commerce'' mean the Secretary of Commerce acting through the
Assistant Secretary of Commerce for Economic Development.
(7) Small business concern.--The term ``small business
concern'' has the meaning given that term in section 3 of the
Small Business Act (15 U.S.C. 632). | Early-Stage Business Investment and Incubation Act of 2010 - Directs the Secretary of Commerce to establish an early-stage business investment and incubation grant program (program) to support the development of early-stage businesses engaged primarily in the research, development, manufacturing, production, or marketing of specified technologies, aerospace, communications, or transportation. Limits individual grants to $5 million. Requires each grant recipient under the program to: (1) designate an individual as the grant fund manager; (2) establish a grant investment committee; and (3) assign to each assisted business a grant collaborator. Directs the Secretary to monitor and evaluate program effectiveness. | {"src": "billsum_train", "title": "To direct the Secretary of Commerce to establish an early-stage business investment and incubation grant program, and for other purposes."} | 1,873 | 137 | 0.633004 | 1.755251 | 0.664947 | 2.992063 | 13.912698 | 0.896825 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Multiple Punitive Damages Fairness
Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings.
Sec. 4. Purpose.
Sec. 5. Definitions.
Sec. 6. General rule.
Sec. 7. Applicability; preemption; jurisdiction of Federal courts.
Sec. 8. Effective date.
SEC. 3. FINDINGS.
The Congress finds the following:
(1) Multiple or repetitive imposition of punitive damages
for harms arising out of a single act or course of conduct may
deprive a defendant of all of the assets or insurance coverage
of the defendant, and may endanger the ability of claimants to
receive compensation for basic out-of-pocket expenses and
damages for pain and suffering.
(2) The detrimental impact of multiple punitive damages
exists even in cases that are settled, rather than tried,
because the threat of punitive damages being awarded results in
a settlement that provides for a higher award amount than would
ordinarily be obtained. To the extent that this premium exceeds
what would otherwise be a fair and reasonable settlement for
compensatory damages, assets that could be available for
satisfaction of future compensatory claims are dissipated.
(3) Fundamental unfairness results when anyone is punished
repeatedly for what is essentially the same conduct.
(4) Federal and State appellate and trial judges, and well-
respected commentators, have expressed concern that multiple
imposition of punitive damages may violate constitutionally
protected rights.
(5) Multiple imposition of punitive damages may be a
significant obstacle to global settlement negotiations in
repetitive litigation.
(6) Limiting the imposition of multiple punitive damages
awards would facilitate the resolution of mass tort claims
involving thousands of injured claimants.
(7) Federal and State trial courts cannot provide solutions
to problems caused by the multiple imposition of punitive
damages because they lack the power or authority to prohibit
subsequent awards in other courts.
(8) Individual State legislatures can create only a partial
remedy to address problems caused by the multiple imposition of
punitive damages, because each State lacks the power to control
the imposition of punitive damages in other States.
SEC. 4. PURPOSE.
The purpose of this Act is to provide a fair and balanced
resolution to the problem of multiple imposition of punitive damages in
interstate commerce.
SEC. 5. DEFINITIONS.
As used in this Act--
(1) the term ``punitive damages'' means damages awarded
against any person or entity to punish or deter such person or
entity, or others, from engaging in similar behavior in the
future;
(2) the term ``specific findings of fact'' are findings in
written form focusing on specific behavior of a defendant that
demonstrates a conscious, flagrant, indifference to the safety
or welfare of the claimant; and
(3) the term ``claimant'' means--
(A) any person who brings a civil action and any
person on behalf of whom such action is brought;
(B) if such action is brought through or on behalf
of an estate, the term includes the claimant's
decedent; and
(C) if such action is brought through or on behalf
of a minor or incompetent, the term includes the
claimant's parent or guardian.
SEC. 6. GENERAL RULE.
(a) General Rule.--Except as provided in subsection (b), punitive
damages shall be prohibited in any civil action in Federal or State
court in which such damages are sought against a defendant based on the
same act or course of conduct for which punitive damages have already
been awarded against such defendant.
(b) Circumstances for Award.--
(1) Substantial new evidence.--If the court determines in a
pre-trial hearing that the claimant will offer new and
substantial evidence of previously undiscovered, additional
wrongful behavior on the part of the defendant, other than the
injury to the claimant, the court may award punitive damages in
accordance with subsection (c).
(2) Insufficient award.--If the court determines in a pre-
trial hearing that the amount of punitive damages previously
imposed were insufficient to either punish the defendant's
wrongful conduct or to deter the defendant and others from
similar behavior in the future, the court may award punitive
damages in accordance with subsection (c).
(c) Limitations on Award.--A court awarding punitive damages
pursuant to subsection (b) shall--
(1) make specific findings of fact on the record to support
the award;
(2) reduce the amount of the punitive portion of the damage
award by the sum of the amounts of punitive damages previously
paid by the defendant in prior actions based on the same act or
course of conduct; and
(3) prohibit disclosure to the jury of the court's
determination and action under this subsection.
SEC. 7. APPLICABILITY; PREEMPTION; JURISDICTION OF FEDERAL COURTS.
(a) Applicability to Punitive Damages Actions.--
(1) In general.--Except as provided in paragraph (2), this
Act shall apply to any civil action brought on any theory where
punitive damages are sought based on the same act or course of
conduct for which punitive damages have already been awarded
against the defendant.
(2) Statutory exception.--This Act shall not apply to any
civil action involving damages awarded under any Federal or
State statute that prescribes the amount of punitive damages to
be awarded.
(b) Preemption.--Except as provided in subsection (a)(2), this Act
shall supersede any Federal or State law regarding recovery for
punitive damages.
(c) Jurisdiction of Federal Courts.--The district courts of the
United States shall not have jurisdiction over any civil action
pursuant to this Act based on sections 1331 or 1337 of title 28, United
States Code.
SEC. 8. EFFECTIVE DATE.
(a) In General.--This Act shall take effect on the date of its
enactment.
(b) Pending Actions.--This Act shall apply to--
(1) any civil action pending on the date of enactment of
this Act; and
(2) any civil action commenced on or after such date,
including any action in which the harm or the conduct which
caused the harm occurred prior to such date. | Multiple Punitive Damages Fairness Act - Prohibits punitive damages in any civil action in Federal or State court in which such damages are sought against a defendant based on the same act or course of conduct for which punitive damages have already been awarded.
Permits the court to award such punitive damages, subject to specified limitations, upon determining in a pre-trial hearing that: (1) the claimant will offer new and substantial evidence of previously undiscovered, additional wrongful behavior on the part of the defendant, other than the injury to the claimant; and (2) the amount of punitive damages previously imposed were insufficient to either punish the defendant's wrongful conduct or to deter the defendant and others from similar behavior in the future.
Directs a court awarding punitive damages pursuant to such provision to: (1) make specific findings of fact on the record to support the award; (2) reduce the amount of the punitive portion of the damage award by the sum of the amounts of punitive damages previously paid by the defendant in prior actions based on the same act or course of conduct; and (3) prohibit disclosure to the jury of the court's determination and action.
Makes this Act applicable to any civil action brought on any theory where punitive damages are sought based on the same act or course of conduct for which punitive damages have already been awarded against the defendant, except with respect to any civil action involving damages awarded under any Federal or State statute that prescribes the amount of punitive damages to be awarded.
Specifies that: (1) this Act shall supersede any Federal or State law regarding recovery for punitive damages; and (2) the U.S. district courts shall not have jurisdiction over any civil action pursuant to this Act based on provisions regarding Federal question jurisdiction and commerce and antitrust regulations. | {"src": "billsum_train", "title": "Multiple Punitive Damages Fairness Act"} | 1,419 | 395 | 0.607983 | 2.10774 | 0.807981 | 7.277937 | 3.730659 | 0.939828 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Cuban Military
Transparency Act''.
(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. Statement of policy.
Sec. 4. Prohibitions on financial transactions with the Ministry of the
Revolutionary Armed Forces or the Ministry
of the Interior of Cuba.
Sec. 5. Inclusion in Department of State rewards program of rewards for
information leading to the arrest or
conviction of individuals responsible for
the February 24, 1996, attack on United
States aircraft.
Sec. 6. Coordination with INTERPOL.
Sec. 7. Report on the role of the Ministry of the Revolutionary Armed
Forces and the Ministry of the Interior of
Cuba in the economy and foreign
relationships of Cuba.
Sec. 8. Report on use and ownership of confiscated property.
Sec. 9. Termination.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) In his December 17, 2014, announcement to pursue the
normalization of relations with Cuba, President Barack Obama
stated, ``I believe that more resources should be able to reach
the Cuban people. So we're significantly increasing the amount
of money that can be sent to Cuba, and removing limits on
remittances that support humanitarian projects, the Cuban
people, and the emerging Cuban private sector.''.
(2) In his January 14, 2011, comments on the easing of
travel sanctions, President Barack Obama also stated, ``These
measures will increase people-to-people contact; support civil
society in Cuba; enhance the free flow of information to, from,
and among the Cuban people; and help promote their independence
from Cuban authorities.''.
(3) Article 18 of the 1976 Constitution of Cuba reads,
``The State directs and controls foreign commerce.''.
(4) The largest company in Cuba is the Grupo Gaesa (Grupo
de Administracion Empresarial S.A.), founded by General Raul
Castro Ruz in the 1990s, controlled and operated by the Cuban
military, which oversees all investments, and run by General
Raul Castro's son-in-law, General Luis Alberto Rodriguez Lopez-
Callejas.
(5) Cuba's military-run Grupo Gaesa operates the tourism
industry in Cuba, including hotels, resorts, foreign currency
exchanges, car rentals, nightclubs, retail stores, and
restaurants.
(6) According to Hotels Magazine, Gaviota, S.A., owned by
the Cuban military and a prominent subsidiary of Grupo Gaesa,
is the largest hotel conglomerate in Latin America and the
Caribbean.
(7) The Cuban military, through its tourism conglomerates,
is currently operating resort facilities in properties
confiscated from United States citizens.
(8) In 2003, a United States grand jury indicted General
Ruben Martinez Puente, head of the Cuban Air Force, and two
Cuban Air Force pilots, Col. Lorenzo Alberto Perez-Perez and
Francisco Perez-Perez, on four counts of murder, two counts of
destruction of aircraft, and one count of conspiracy to kill
United States nationals for their roles in the February 24,
1996, attack by Cuban military jets over international waters
on two United States civilian Cessna planes operated by the
Brothers To The Rescue humanitarian organization.
(9) The 2003 United States indictment against Cuban
military officials is the only outstanding indictment against
senior military officials from a country designated by the
United States as a ``state sponsor of terrorism'' for the
murder of United States nationals.
(10) In a December 17, 2014, article in Politico, United
States Representative James McGovern (D-MA) stated that General
Raul Castro admitted to giving the order to shoot down the
United States civilian planes that resulted in the murder of
those United States nationals in 1996. ``I gave the order. I'm
the one responsible.'', Castro told McGovern.
(11) One of the Cuban spies exchanged in the December 17,
2014, deal by President Obama with the Cuban regime was Gerardo
Hernandez, who was serving a life sentence for murder
conspiracy in the deaths of three United States citizens,
Armando Alejandre Jr., Carlos Costa, Mario de la Pena, and
permanent resident of the United States, Pablo Morales.
(12) The Cuban military played a central role in the 2013
trafficking incident that involved more than 240 metric tons of
heavy weapons, including fully fueled MiG fighter jets,
missiles, and air defense systems, to North Korea.
(13) A United Nations panel of experts found that the
trafficking incident described in paragraph (12) violated
United Nations Security Council sanctions and was the largest
weapons cache ever intercepted being transported to or from
North Korea. The Cuban military refused to cooperate with
United Nations investigators.
(14) In February 2015, the Colombian authorities
intercepted a Chinese-flagged vessel carrying a clandestine
shipment of war materiel destined for the Cuban military, via
one of its shadow companies, TecnoImport S.A. The shipment,
disguised as grain products, included 99 rockets, 3,000 cannon
shells, 100 tons of military-grade dynamite and 2,6000,000
detonators.
(15) The Cuban military has provided military intelligence,
weapons training, strategic planning, and security logistics to
the military and security forces of Venezuela, which has
contributed to the subversion of democratic institutions and
violent suppression of peaceful protests in Venezuela.
(16) The Cuba 2013 Human Rights Report prepared by the
Department of State states that ``the military maintained
effective control over the security forces, which committed
human rights abuses against civil rights activists and other
citizens alike.''.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to support the efforts of the people of Cuba to promote
the establishment of basic freedoms in Cuba, including a
democratic political system in which the military and other
security forces are under the control of democratically elected
civilian leaders;
(2) to ensure that legal travel and trade with Cuba by
citizens and residents of the United States does not serve to
enrich or empower the military or other security forces of Cuba
run by the Castro family;
(3) to support the emergence of a government in Cuba that
does not oppress the people of Cuba and does not use its
military or other security forces to persecute, intimidate,
arrest, imprison, or assassinate dissidents;
(4) to bring to justice in the United States the officials
of Cuba involved in the February 24, 1996, attack of two United
States civilian Cessna aircraft by Cuban military jets over
international waters; and
(5) to counter the efforts of Cuba, through military and
other assistance, to promote repression elsewhere in the
Western Hemisphere, especially in Venezuela.
SEC. 4. PROHIBITIONS ON FINANCIAL TRANSACTIONS WITH THE MINISTRY OF THE
REVOLUTIONARY ARMED FORCES OR THE MINISTRY OF THE
INTERIOR OF CUBA.
(a) In General.--Except as provided in subsection (b), beginning on
the date that is 30 days after the date of the enactment of this Act,
and notwithstanding any other provision of law, a United States person
shall not engage in any financial transaction with, or transfer of
funds to, any of the following:
(1) The Ministry of the Revolutionary Armed Forces of Cuba,
the Ministry of the Interior of Cuba, or any subdivision of
either such Ministry.
(2) Any agency, instrumentality, or other entity that is
operated or controlled by an entity specified in paragraph (1).
(3) Any agency, instrumentality, or other entity owned by
an entity specified in paragraph (1) in a percentage share
exceeding 25 percent.
(4) An individual who is a senior member of the Ministry of
the Revolutionary Armed Forces of Cuba or the Ministry of the
Interior of Cuba.
(5) Any individual or entity--
(A) for the purpose of avoiding a financial
transaction with, or transfer of funds to, an
individual or entity specified in any of paragraphs (1)
through (4); and
(B) for the benefit of an individual or entity
specified in any of paragraphs (1) through (4).
(b) Exceptions.--The prohibitions on financial transactions and
transfers of funds under subsection (a) shall not apply with respect
to--
(1) the sale of agricultural commodities, medicines, and
medical devices sold to Cuba consistent with the Trade
Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C.
7201 et seq.);
(2) a remittance to an immediate family member; or
(3) assistance or support in furtherance of democracy-
building efforts for Cuba described in section 109 of the Cuban
Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22
U.S.C. 6039).
(c) Implementation; Penalties.--
(1) Implementation.--The President shall exercise all
authorities under sections 203 and 205 of the International
Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to
carry out this section, except that the President--
(A) shall not issue any general license
authorizing, or otherwise authorize, any activity
prohibited under subsection (a); and
(B) shall require any United States person seeking
to engage in a financial transaction or transfer of
funds prohibited under subsection (a) to submit a
written request to the Office of Foreign Assets Control
of the Department of the Treasury.
(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of
subsection (a) or any regulation, license, or order issued to
carry out subsection (a) shall be subject to the penalties set
forth in subsections (b) and (c) of section 206 of the
International Emergency Economic Powers Act (50 U.S.C. 1705) to
the same extent as a person that commits an unlawful act
described in subsection (a) of that section.
(d) United States Person Defined.--In this section, the term
``United States person'' means--
(1) a United States citizen or alien admitted for permanent
residence to the United States; and
(2) an entity organized under the laws of the United States
or any jurisdiction within the United States.
SEC. 5. INCLUSION IN DEPARTMENT OF STATE REWARDS PROGRAM OF REWARDS FOR
INFORMATION LEADING TO THE ARREST OR CONVICTION OF
INDIVIDUALS RESPONSIBLE FOR THE FEBRUARY 24, 1996, ATTACK
ON UNITED STATES AIRCRAFT.
Section 36(b) of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2708(b)) is amended--
(1) in paragraph (9), by striking ``; or'' and inserting a
semicolon;
(2) in paragraph (10), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(11) the arrest or conviction in any country of any
individual responsible for committing, conspiring or attempting
to commit, or aiding or abetting in the commission of the
attack on the aircraft of United States persons in
international waters by the military of Cuba on February 24,
1996.''.
SEC. 6. COORDINATION WITH INTERPOL.
The Attorney General, in coordination with the Secretary of State,
shall seek to coordinate with the International Criminal Police
Organization (INTERPOL) to pursue the location and arrest of United
States fugitives in Cuba, including current and former members of the
military of Cuba, such as those individuals who committed, conspired or
attempted to commit, or aided or abetted in the commission of the
attack on the aircraft of United States persons in international waters
by the military of Cuba on February 24, 1996, with a view to
extradition or similar lawful action, including through the circulation
of international wanted notices (commonly referred to as ``Red
Notices'').
SEC. 7. REPORT ON THE ROLE OF THE MINISTRY OF THE REVOLUTIONARY ARMED
FORCES AND THE MINISTRY OF THE INTERIOR OF CUBA IN THE
ECONOMY AND FOREIGN RELATIONSHIPS OF CUBA.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, and not less frequently than annually
thereafter, the President shall submit to Congress a report on the role
of the Ministry of the Revolutionary Armed Forces and the Ministry of
the Interior of Cuba with respect to the economy of Cuba.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An identification of entities the United States
considers to be owned, operated, or controlled, in whole or in
part, by the Ministry of the Revolutionary Armed Forces or the
Ministry of the Interior of Cuba or any senior member of the
Ministry of the Revolutionary Armed Forces or the Ministry of
the Interior of Cuba.
(2) An assessment of the business dealings with countries
and entities outside of Cuba conducted by entities identified
under paragraph (1) and officers of the Ministry of the
Revolutionary Armed Forces or the Ministry of the Interior of
Cuba.
(3) An assessment of the relationship of the Ministry of
the Revolutionary Armed Forces and the Ministry of the Interior
of Cuba with the militaries of foreign countries, including
whether either such Ministry has conducted joint training,
exercises, financial dealings, or weapons purchases or sales
with such militaries or provided advisors to such militaries.
(c) Form of Report.--Each report submitted under subsection (a)
shall be submitted in unclassified form, but may include a classified
annex.
SEC. 8. REPORT ON USE AND OWNERSHIP OF CONFISCATED PROPERTY.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, and not less frequently than annually
thereafter, the President shall submit to Congress a report on the
confiscation of property and the use of confiscated property by the
Ministry of the Revolutionary Armed Forces and the Ministry of the
Interior of Cuba.
(b) Definitions.--In this section, the terms ``confiscated'' and
``confiscation'' have the meanings given those terms in section 401 of
the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22
U.S.C. 6091).
SEC. 9. TERMINATION.
The provisions of this Act shall terminate on the date on which the
President submits to Congress a determination under section 203(c)(3)
of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996
(22 U.S.C. 6063(c)(3)) that a democratically elected government in Cuba
is in power. | Cuban Military Transparency Act This bill prohibits a U.S. person from engaging in any financial transaction with or transfer of funds to: the Ministry of the Revolutionary Armed Forces of Cuba or the Ministry of the Interior of Cuba (or any of their subdivisions); a senior member of such Ministries; any agency, instrumentality, or other entity that is more than 25% owned, or that is operated or controlled by, such a Ministry; or any individual or entity for the purpose of avoiding a prohibited financial transaction or transfer of funds that is for the benefit of that individual or entity. Such prohibitions shall not apply to: the sale to Cuba of agricultural commodities, medicines, and medical devices; a remittance to an immediate family member; or assistance in furtherance of democracy-building efforts for Cuba. A person that violates or attempts to violate such prohibitions shall be subject to specified penalties under the International Emergency Economic Powers Act. The Department of State rewards program under the State Department Basic Authorities Act of 1956 shall include rewards for information leading to the arrest or conviction in any country of any individual responsible for or aiding in the February 1996 attack on the aircraft of U.S. persons in international waters by the Cuban military. The Attorney General shall seek to coordinate with the International Criminal Police Organization (INTERPOL) to pursue the location and arrest of U.S. fugitives in Cuba, including current and former members of the Cuban military. | {"src": "billsum_train", "title": "Cuban Military Transparency Act"} | 3,305 | 310 | 0.511529 | 1.742182 | 0.651971 | 4.65704 | 10.859206 | 0.938628 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Junior College for Deaf and
Blind at the Alabama Institute for Deaf and Blind Act''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) The United States has low rates of college completion
by high school graduates who are deaf or blind.
(2) Deaf or blind students who attend college have a
dropout rate in the first 2 years of college that is
approximately 4 times higher than the dropout rate of hearing
and sighted students.
(3) The United States has a shortage of teachers and
service professionals trained at the associate degree or
certificate level to provide services to individuals who are
deaf or blind.
(4) The United States has very limited distance learning
opportunities for individuals who are deaf or blind.
SEC. 3. NATIONAL JUNIOR COLLEGE FOR DEAF AND BLIND.
(a) Establishment.--Title I of the Education of the Deaf Act of
1986 (20 U.S.C. 4301 et seq.) is amended by adding at the end the
following:
``PART C--NATIONAL JUNIOR COLLEGE FOR DEAF AND BLIND
``SEC. 120. PURPOSES.
``The purposes of this part are the following:
``(1) Easing the transition from high school to college for
students who are deaf or blind.
``(2) Increasing the number of deaf or blind individuals
attending and completing college.
``(3) Providing a modern distance learning program and a
residential facility for postsecondary technical training and
education for individuals who are deaf or blind.
``(4) Preparing individuals who are deaf or blind for
successful employment.
``(5) Training individuals to provide instructional,
professional, and other services to individuals who are deaf
and blind.
``SEC. 121. AGREEMENT.
``(a) General Authority.--The Secretary shall seek to enter into,
not later than 1 year after the enactment of the National Junior
College for Deaf and Blind at the Alabama Institute for Deaf and Blind
Act, an agreement with the Alabama Institute for Deaf and Blind for the
establishment and operation (including construction and provision of
equipment) of the National Junior College for Deaf and Blind.
``(b) National Mission Activities.--The agreement shall provide the
national mission activities of NJCDB, including the following:
``(1) Maintenance and operation of exemplary postsecondary
education programs, projects, and activities for the primary
purpose of developing, evaluating, and disseminating innovative
curriculums, instructional techniques and strategies, and
materials that can be used in various educational environments
to serve individuals who are deaf or blind.
``(2) Addressing the specific educational, technological,
and special support needs of students who are deaf or blind.
``(c) Provisions of Agreement.--The agreement shall--
``(1) provide that Federal funds appropriated for the
benefit of NJCDB be used in accordance with the applicable
provisions of this Act and such agreement;
``(2) provide that NJCDB will make an annual report to the
Secretary on its operations and the national mission activities
of its postsecondary education programs;
``(3) provide that in the design and construction of any
facilities, maximum attention will be given to innovative
auditory and visual devices and installations appropriate for
the educational functions of such facilities; and
``(4) establish a policy of outreach and recruitment to
employ and advance employment of individuals with disabilities,
particularly individuals who are deaf or blind, at NJCDB.
``(d) Modification.--The Secretary and AIDB may periodically modify
the agreement as determined to be necessary by the Secretary or AIDB.
``(e) Scholarship Program.--
``(1) Development.--The agreement shall provide for the
development of a scholarship program, under which NJCDB awards
scholarships to students enrolled in its programs.
``(2) Use of funds.--Funds awarded as scholarships under
this section shall be used to assist in paying the costs of
attending NJCDB, including tuition, fees, training courses,
study, and room and board.
``(3) Authorization of appropriations.--There are
authorized to be appropriated $1,000,000 for fiscal year 2002
and such sums as may be necessary thereafter to carry out this
subsection.
``(f) Provisions Regarding NTID.--If the Secretary enters into an
agreement with AIDB under this section, the provisions of sections 202,
203, 204, 205, 206, 207, 208, and 210 shall apply to NJCDB and AIDB in
the same manner as such provisions apply to NTID and the institution of
higher education with which the Secretary has an agreement under
section 112, respectively, except as follows:
``(1) References to individuals who are deaf or hard of
hearing shall be construed as references to individuals who are
deaf, hard of hearing, blind, or of low vision.
``(2) NJCDB shall develop the policies described in section
203(c)(2)(A) not later than 180 days after the date of the
enactment of the National Junior College for Deaf and Blind at
the Alabama Institute for Deaf and Blind Act.
``(3) For purposes of section 210, references to deafness
related research, development, and demonstration activities
shall be construed as references to deafness or blindness
related research, development, and demonstration activities.''.
(b) Definitions.--Section 201 of the Education of the Deaf Act of
1986 (20 U.S.C. 4351) is amended by adding at the end the following:
``(8) The term `AIDB' means the Alabama Institute for Deaf
and Blind.
``(9) The term `NJCDB' means the National Junior College
for Deaf and Blind.''. | National Junior College for Deaf and Blind at the Alabama Institute for Deaf and Blind Act - Amends the Education of the Deaf Act of 1986 to direct the Secretary of Education to enter into an agreement with the Alabama Institute for Deaf and Blind for the establishment and operation of the National Junior College for Deaf and Blind. | {"src": "billsum_train", "title": "A bill to amend the Education of the Deaf Act of 1986 to authorize the Secretary of Education to establish the National Junior College for Deaf and Blind at the Alabama Institute for Deaf and Blind."} | 1,300 | 74 | 0.626107 | 1.477639 | 1.112731 | 7.45 | 19.6 | 0.95 |
SECTION 1. INVESTIGATION OF INTERNAL REVENUE SERVICE ABUSE OF
TAXPAYERS' RIGHTS.
(a) Findings.--The Congress hereby finds that--
(1) although generally IRS employees perform their duties
in a competent and professional manner, many instances have
been reported concerning IRS abuse of taxpayers' rights,
including the improper targeting of taxpayers or groups of
taxpayers for political purposes;
(2) there is a need to enable the public to scrutinize the
activities of the IRS and to ensure that the IRS is subject to
public accountability;
(3) there is a need to improve the oversight of the IRS;
(4) there is a need for procedures by which Congress can
obtain necessary information to effectively perform its
oversight role on behalf of the public; and
(5) there currently exists no effective reporting or
monitoring mechanism to assist Congress in safeguarding
taxpayer rights.
(b) Purpose.--It is the purpose of this Act to improve oversight by
the Congress of the IRS, to safeguard taxpayer rights, to discourage
abuse of taxpayer rights, to encourage reporting of taxpayer abuse, to
uncover past instances of such abuse so that they do not occur in the
future, and to provide independent monitoring of IRS actions taken to
prevent taxpayer abuse.
(c) Reporting Responsibilities of Internal Revenue Service.--
(1) Annual reports.--During each calendar year beginning
after the date of the enactment of this Act, the Secretary of
the Treasury shall submit to the Congress a compliance report
on--
(A) the nature of its program to prevent abuses of
taxpayers' rights by the Internal Revenue Service, and
to comply with the Taxpayer Bill of Rights,
(B) the implementation of such program,
(C) the effectiveness of such program and the
evidence on the basis of which such analysis is made,
and
(D) detailed descriptions of the types of taxpayer
abuse cases that have occurred and IRS measures
instituted to correct such abuses and prevent their
recurrence.
Such report shall be submitted to the Committee on Ways and
Means of the House of Representatives and the Committee on
Finance of the Senate by October 1 of each year.
(d) Investigation by General Accounting Office.--
(1) In general.--The Comptroller General--
(A) shall conduct a full and complete investigation
of past instances in which the Internal Revenue Service
has abused taxpayers' rights, has been used for
political purposes, has improperly targeted taxpayers
(or groups of taxpayers) for investigation, has
promoted overzealous agents on the strength of
collections, has maintained illegal dossiers on
taxpayers, has conducted investigations for political
purposes, has retaliated against IRS employees who have
reported IRS misconduct, or has engaged in other
significant misconduct; and
(B) shall provide an assessment and evaluation of
the implementation and effectiveness of the program of
the Internal Revenue Service to prevent such abuses
from occurring in the future.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General shall submit to
the Oversight Subcommittee of the Committee on Ways and Means
of the House of Representatives and the Oversight Committee of
the Committee on Finance of the Senate, a report on the
investigation conducted under paragraph (1), together with such
recommendations as he may deem advisable. The Comptroller
General shall have access to any IRS return information he
deems necessary to perform his duties under this section.
Nothing in this section shall be construed to permit the
Comptroller General to make public the names or similar
identifying information of any taxpayer.
(3) Access to returns and return information.--The purposes
for which returns and return information may be open to
inspection or disclosure under section 6103(i)(7)(A) of the
Internal Revenue Code of 1986 (relating to disclosure to
General Accounting Office) shall include the purposes of
carrying out the Comptroller General's duties as specified in
this section.
(e) Definitions.--For purpose of this section--
(1) the term ``Service'' or ``IRS'' refer to the Internal
Revenue Service of the Department of Treasury; and
(2) the term ``employee'' includes any IRS officer or
employee.
SEC. 2. ESTABLISHMENT OF POSITION OF TAXPAYER ADVOCATE WITHIN INTERNAL
REVENUE SERVICE.
(a) General Rule.--Section 7802 of the Internal Revenue Code of
1986 (relating to Commissioner of Internal Revenue; Assistant
Commissioner (Employee Plans and Exempt Organizations)) is amended by
adding at the end thereof the following new subsection:
``(d) Office of Taxpayer Advocate.--
``(1) In general.--There is established in the Internal
Revenue Service an office to be known as the `Office of the
Taxpayer Advocate'. Such office, including all problem
resolution officers, shall be under the supervision and
direction of an official to be known as the `Taxpayer Advocate'
who shall be appointed by the President by and with the advice
and consent of the Senate, and who shall report directly to the
Commissioner of Internal Revenue. The Taxpayer Advocate shall
be entitled to compensation at the same rate as the Chief
Counsel for the Internal Revenue Service.
``(2) Functions of office.--
``(A) In general.--It shall be the function of the
Office of Taxpayer Advocate to--
``(i) assist taxpayers in resolving
problems with the Internal Revenue Service,
``(ii) identify areas in which taxpayers
have problems in dealings with the Internal
Revenue Service,
``(iii) to the extent possible, propose
changes in the administrative practices of the
Internal Revenue Service to mitigate problems
identified under clause (ii), and
``(iv) identify potential legislative
changes which may be appropriate to mitigate
such problems.
``(B) Annual reports.--
``(i) Objectives.--Not later than October
31 of each calendar year after 1992, the
Taxpayer Advocate shall report to the Committee
on Ways and Means of the House of
Representatives and the Committee on Finance of
the Senate on the objectives of the Taxpayer
Advocate for the following calendar year. Any
such report shall contain full and substantive
analysis, in addition to statistical
information.
``(ii) Activities.--Not later than June 30
of each calendar year after 1992, the Taxpayer
Advocate shall report to the Committee on Ways
and Means of the House of Representatives and
the Committee on Finance of the Senate on the
activities of the Taxpayer Advocate during the
fiscal year ending during such calendar year.
Any such report shall contain full and
substantive analysis, in addition to
statistical information, and shall--
``(I) identify the initiatives the
Taxpayer Advocate has taken on
improving taxpayer services and
Internal Revenue Service
responsiveness,
``(II) contain recommendations
received from individuals with the
authority to issue taxpayer assistance
orders under section 7811,
``(III) contain a summary of at
least 20 of the most serious problems
encountered by taxpayers, including a
description of the nature of such
problems,
``(IV) contain an inventory of the
items described in subclauses (I),
(II), and (III) for which action has
been taken and the result of such
action,
``(V) contain an inventory of the
items described in subclauses (I),
(II), and (III) for which action
remains to be completed and the period
during which each item has remained on
such inventory,
``(VI) contain an inventory of the
items described in subclauses (II) and
(III) for which no action has been
taken, the period during which each
item has remained on such inventory,
the reasons for the inaction, and
identify any Internal Revenue Service
official who is responsible for such
inaction,
``(VII) identify any Taxpayer
Assistance Order which was not honored
by the Internal Revenue Service in a
timely manner, as specified under
section 7811(b),
``(VIII) contain recommendations
for such administrative and legislative
action as may be appropriate to resolve
problems encountered by taxpayers, and
``(IX) include such other
information as the Taxpayer Advocate
may deem advisable.
``(iii) Report to be submitted directly.--
Each report required under this subparagraph
shall be provided directly to the Committees
referred to in clauses (i) and (ii) without any
prior review or comment from the Commissioner
of the Internal Revenue Service, the Secretary
of the Treasury, any other officer or employee
of the Department of the Treasury, or the
Office of Management and Budget.
``(3) Responsibilities of Commissioner of Internal Revenue
Service.--The Commissioner of Internal Revenue shall establish
procedures requiring a formal response to all recommendations
submitted to the Commissioner by the Taxpayer Advocate.''
(b) Conforming Amendments.--
(1) Section 7811 of such Code (relating to taxpayer
assistance orders) is amended--
(A) by striking ``the Office of Ombudsman'' in
subsection (a) and inserting ``the Office of the
Taxpayer Advocate'', and
(B) by striking ``Ombudsman'' each place it appears
(including in the headings of subsections (e) and (f))
and inserting ``Taxpayer Advocate''.
(2) The heading for section 7802 of such Code is amended to
read as follows:
``SEC. 7802. COMMISSIONER OF INTERNAL REVENUE; ASSISTANT COMMISSIONERS;
TAXPAYER ADVOCATE.''
(3) The table of sections for subchapter A of chapter 80 of
subtitle F is amended by striking the item relating to section
7802 and inserting the following new item:
``Sec. 7802. Commissioner of Internal
Revenue; Assistant
Commissioners; Taxpayer
Advocate.''
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 3. REPORTS ON TAXPAYER-RIGHTS EDUCATION PROGRAM.
Not later than 6 months after the date of the enactment of this
Act, the Secretary of the Treasury or his delegate shall submit a
report to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate on the scope
and content of the Internal Revenue Service's taxpayer-rights education
program for its officers and employees. Not later than 8 months after
the date of the enactment of this Act, such Secretary shall submit a
report to such Committees on the effectiveness of the program referred
to in the preceding sentence.
SEC. 4. BIENNIAL REPORTS ON MISCONDUCT BY INTERNAL REVENUE SERVICE
EMPLOYEES.
During December of 1993 and during December of each second calendar
year thereafter, the Secretary of the Treasury or his delegate shall
report to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate on all cases
involving complaints about misconduct of Internal Revenue Service
employees and the disposition of such complaints. | Requires the Secretary of the Treasury to report to specified committees annually on the program to prevent abuses of taxpayers' rights by the Internal Revenue Service (IRS).
Requires the Comptroller General to report to specified congressional committees on: (1) an investigation of past instances in which the Service has abused taxpayers' rights or has engaged in other significant misconduct; and (2) an assessment and evaluation of the implementation and effectiveness of the program to prevent such abuses.
Provides access to returns and return information by the Comptroller General to carry out the purposes of this Act.
Amends the Internal Revenue Code to establish in the IRS the Office of Taxpayers' Advocate, headed by the Taxpayers' Advocate. Requires the Office to: (1) assist taxpayers in resolving problems with the IRS; (2) identify areas in which taxpayers have problems in dealings with the IRS; (3) propose changes in the administrative practices of the IRS to mitigate such problems; and (4) identify potential legislative changes which may be appropriate to mitigate such problems. Requires the Taxpayers' Advocate to annually report to specified congressional committees on Office activities.
Requires the Commissioner of Internal Revenue to establish procedures requiring a formal response to all recommendations submitted to the Commissioner by the Taxpayers' Advocate.
Requires the Secretary of the Treasury to report to specified congressional committees on the effectiveness of the taxpayer-rights education program for its officers and employees.
Requires the Secretary to report biennially to specified congressional committees on all cases involving complaints about misconduct of IRS employees and the disposition of the complaints. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to require an investigation of Internal Revenue Service abuse of taxpayers' rights, to safeguard taxpayer rights, to monitor the effectiveness of the Internal Revenue Service's program for the prevention of taxpayer abuse, and for other purposes."} | 2,455 | 347 | 0.650414 | 1.734798 | 0.742201 | 3.482085 | 7.299674 | 0.928339 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Secondary Payer Enhancement
Act of 2010''.
SEC. 2. CALCULATION AND DIRECT PAYMENT OF MSP CLAIMS.
(a) Calculation and Direct Reimbursement of Conditional Payment for
Settlement Purposes.--
(1) Section 1862(b)(2)(B) of the Social Security Act (42
U.S.C. 1395y(b)(2)(B)) is amended by adding at the end the
following new clause:
``(vii)(I) Voluntary calculation and
payment of conditional payment.--In the case of
a settlement, judgment, award, or other payment
between a claimant and an applicable plan (as
defined in paragraph (8)(F)) involving a
payment made by the Secretary pursuant to
clause (i) for items and services provided to
the claimant, for purposes of determining the
amount of reimbursement required under clause
(ii) to the appropriate Trust Fund during the
90-day period preceding the reasonably expected
date of such settlement, judgment, award, or
other payment, the claimant and plan may--
``(aa) in good faith calculate the
amount of such reimbursement required
based upon available billing data for
such items and services provided; and
``(bb) reimburse such amount to the
appropriate Trust Fund, in accordance
with regulations promulgated by the
Secretary.
With respect to a payment made under
clause (i) for items and services
provided to a claimant and subject to
subclause (II), any reimbursement made
in accordance with this subclause shall
satisfy any obligation of the claimant
and the applicable plan under this
subsection.
``(II) Secretary's ability to contest
amount of payment.--In the case of a
reimbursement made to the appropriate Trust
Fund under subclause (I), during the 75-day
period beginning on the date of such
reimbursement, if the Secretary determines such
reimbursement made is not the total amount owed
under this subparagraph the Secretary shall
have the right to contest the amount of such
reimbursement made and to serve upon the
claimant and applicable plan a final demand for
the balance of the remaining amount so owed.
The claimant or applicable plan may make a
reimbursement to the appropriate Trust Fund in
the amount of such balance determined by the
Secretary or may pursue appeal of the amount of
the reimbursement determined by the Secretary
pursuant to the appeals process under clause
(ix). In any such appeal, the burden of proof
shall be on the claimant or applicable plan to
demonstrate that the reimbursement made to the
appropriate Trust fund under subclause (I) was
correct.
``(viii)(I) Request for final demand for
reimbursement.--In the case of a settlement,
judgment, award, or other payment between a
claimant and an applicable plan (as defined in
paragraph (8)(F)) involving a payment made by
the Secretary pursuant to clause (i) for items
and services provided to the claimant, the
claimant or applicable plan may at any time
beginning 120 days prior to the reasonably
expected date of such settlement, judgment,
award, or other payment, submit to the
Secretary, in accordance with regulations to be
promulgated by the Secretary, a request for a
recovery demand letter for reimbursement
required under clause (ii) of such payment. The
Secretary shall have 60 days to respond to such
request with such final demand. Not later than
60 days after the date of receipt of such final
demand, the claimant or applicable plan may
reimburse the appropriate Trust Fund for such
payment in the amount identified in such final
demand, in accordance with regulations
promulgated by the Secretary. With respect to a
payment made under clause (i) for items and
services provided to a claimant, any such
reimbursement made in accordance with this
subclause shall satisfy any obligations of the
claimant and the applicable plan under this
subsection.
``(II) Failure of the secretary to provide
final demand for conditional payment.--In the
case that the Secretary fails to provide a
final demand for any item or service subject to
reimbursement required under clause (ii) in
accordance with subclause (I), the claimant,
applicable plan, or an entity that receives
payment from an applicable plan shall not be
liable for and shall not be obligated to make
payment subject to this subsection for any item
or service related to the request for final
demand for reimbursement.
``(ix) Right of appeal.--The Secretary shall
promulgate regulations establishing a right of appeal
and appeals process, with respect to any requirement
under clause (ii) for a payment made under this title
for an item or service under a primary plan, under
which the applicable plan involved, or an attorney,
agent, or third party administrator on behalf of such
applicable plan may appeal such requirement. Such right
of review shall--
``(I) include review through an
administrative law judge and administrative
review board, and access to judicial review in
the district court of the United States for the
judicial district in which the appellant is
located (or, in the case of an action brought
jointly by more than one applicant, the
judicial district in which the greatest number
of applicants are located) or in the District
Court for the District of Columbia; and
``(II) be carried out in a manner similar
to the appeals procedure used for purposes of
subsection (a).''.
(2) Conforming amendment.--Clause (ii) of such section is
amended by inserting after ``60-day'' the following ``(or in
the case of an applicable plan and reimbursement described in
clause (vii) or (viii), 90-day)''.
SEC. 3. THRESHOLD.
(a) In General.--Section 1862(b)(2)(B)(ii) of the Social Security
Act (42 U.S.C. 1395y(b)(2)(B)(ii)) is amended--
(1) by striking ``(ii) repayment required.--A primary
plan'' and inserting the following:
``(ii) Repayment required.--
``(I) In general.--A primary
plan''; and
(2) by adding at the end the following new subclause:
``(II) Exception.--Subclause (I)
shall not apply with respect to the
following payments under this title:
``(aa) Any settlement,
judgment, award, or other
payment by an applicable plan
constituting a total payment
obligation to a claimant of not
more than $5,000.
``(bb) Any settlement,
judgment, award, or other
payment by an applicable plan
involving the ongoing
responsibility for medical
payments not otherwise
addressed in subclause (I), of
not more than $5,000. For
purposes of this subclause and
with respect to a settlement,
judgment, award, or other
payment payments not otherwise
addressed in subclause (I)
involving the ongoing
responsibility for medical
payments, such payment shall
include only the cumulative
value of the medical payments
made and the purchase price of
any annuity or similar
instrument.
The amounts under this subclause shall
be adjusted each year based on the
percentage increase in the Consumer
Price Index (rounded to the nearest
multiple of $100) for the year
involved.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to payments made on or after 3 months after the date
of the enactment of this Act.
SEC. 4. REPORTING REQUIREMENT SAFE HARBORS.
Section 1862(b)(8) of the Social Security Act (42 U.S.C.
1395y(b)(8)) is amended--
(1) in the first sentence of subparagraph (E)(i), by
striking ``shall be subject'' and all that follows through the
end of the sentence and inserting the following: ``may be
subject to a civil money penalty of up to $1,000 for each day
of noncompliance. The severity of each such penalty shall be
based on the intentional nature of the violation.''; and
(2) by adding at the end the following new subparagraph:
``(I) Safe harbors.--Not later than 60 days after
the date of the enactment of this subparagraph, the
Secretary shall publish a notice in the Federal
Register soliciting proposals, which will be accepted
during a 60-day period, for the creation of safe
harbors from sanctions imposed under subparagraph (E)
under which entities responsible for reporting
information under this paragraph will be deemed to have
complied with the reporting requirements under this
paragraph and will not be subject to such sanctions.
After considering the proposals submitted pursuant to
the preceding sentence, the Secretary, in consultation
with the Attorney General, shall publish in the Federal
Register, including a 60-day period for comment,
proposed safe harbors. After considering any public
comments received during such period, the Secretary
shall issue final rules establishing safe harbors from
penalties or other sanctions under subparagraph (E).''.
SEC. 5. USE OF SOCIAL SECURITY NUMBERS AND OTHER IDENTIFYING
INFORMATION IN REPORTING.
Section 1862(b)(8)(B) of the Social Security Act (42 U.S.C.
1395y(b)(8)(B)) is amended by adding at the end (after and below clause
(ii)) the following sentence: ``Not later than one year after the date
of enactment of the Medicare Secondary Payer Enhancement Act of 2010,
the Secretary shall modify the reporting requirements under this
paragraph so that entities responsible for reporting information under
this paragraph are not required to access or report to the Secretary
beneficiary social security numbers or health identification claim
numbers.''.
SEC. 6. STATUTE OF LIMITATIONS.
(a) In General.--Section 1862(b)(2)(B)(iii) of the Social Security
Act (42 U.S.C. 1395y(b)(2)(B)(iii)) is amended by adding at the end the
following sentence: ``Every action brought by the United States or an
officer or agency thereof under this clause shall be barred unless the
complaint is filed not later than three years after the date of the
receipt of notice of a settlement or other payment giving rise to
recovery of a payment made pursuant to paragraph (8).''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to actions brought on or after 6 months after the
date of the enactment of this Act.
SEC. 7. USER FEE.
Section 1862(b) of the Social Security Act (42 U.S.C. 1395y(b)) is
amended by adding the following new paragraph:
``(9) User fees.--
``(A) In general.--Beginning 90 days after the date
of the enactment of the Medicare Secondary Payer
Enhancement Act of 2010, and annually thereafter for
the 10-year period beginning on such date of enactment,
the Secretary shall assess and collect fees in
accordance with this paragraph as follows:
``(i) Direct conditional payment
reimbursement fee.--Each person or entity that
submits a payment to fulfill the reimbursement
requirement pursuant to paragraph (2)(B)(vii)
shall be subject to a fee of $30 for each
payment reimbursed to the Secretary.
``(ii) Request for final demand of
conditional payment fee.--Each person that
submits a request for a recover demand letter
of conditional payment under paragraph
(2)(B)(viii) shall be subject to a fee of $30
for each such request submitted to the
Secretary. In the case of a person or entity
that pays a fee under this clause, such person
or entity shall not also be subject to the fee
under clause (i).
``(B) Inflation adjustment.--For fiscal year 2010
and subsequent fiscal years, the amount of the fees
specified in subparagraph (A) shall be adjusted by the
Secretary by notice, published in the Federal Register,
to reflect any percent changes in the Consumer Price
Index for all urban consumers (all items; U.S. city
average) for the 12 month period ending June 30 of the
preceding fiscal year.
``(C) Collection of unpaid fees.--In any case where
the Secretary does not receive payment of a fee
assessed under subparagraph (A) by the date that is 30
days after the date such fee is due, such fee shall be
treated as a claim of the United States Government
subject to subchapter II of chapter 37 of title 31,
United States Code.''. | Medicare Secondary Payer Enhancement Act of 2010 - Amends title XVIII (Medicare) of the Social Security Act with respect to any settlement, judgment, award, or other payment between a Medicare claimant and an applicable plan involving a payment made for items and services by the Secretary of Health and Human Services (HHS). Prescribes requirements for a voluntary calculation and direct reimbursement by a Medicare claimant and an applicable plan to the Hospital Insurance Trust Fund or the Supplementary Medical Insurance Trust Fund, as appropriate, of a conditional payment of Medicare secondary payer claims for settlement purposes. Grants the Secretary the right to contest the amount of any such reimbursement, and the right of the claimant and plan to request a final recovery demand for reimbursement.
Declares that requirements to reimburse the appropriate Trust Fund for any payment made by the Secretary with respect to an item or service shall not apply with respect to any settlement, judgment, award, or other payment by an applicable plan: (1) constituting a total payment obligation to a claimant of not more than $5,000; or (2) involving the ongoing responsibility for other medical payments of not more than $5,000.
Changes from mandatory to discretionary the current civil money penalty for failure of an applicable plan to submit certain information to the Secretary with respect to any claimant. Prescribes requirements for the creation of safe harbors from such sanctions.
Directs the Secretary to modify reporting requirements for liability insurance (including self-insurance), no fault insurance, and workers' compensation laws and plans so that entities responsible for reporting information are not required to access or report to the Secretary beneficiary Social Security numbers or health identification numbers.
Sets a statute of limitations with respect to the recovery of payments by the United States.
Establishes $30 user fees, adjusted annually for inflation, for requests submitted to the Secretary for direct conditional payment reimbursement and for final demand of a conditional payment. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act with respect to the application of Medicare secondary payer rules for certain claims."} | 2,774 | 400 | 0.641073 | 2.262173 | 0.736387 | 3.362398 | 6.847411 | 0.910082 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Citizen Legislator Act of 2012''.
SEC. 2. 50 PERCENT REDUCTION IN MEMBER SALARIES AND IN EXPENSES FOR
MEMBER OFFICES, LEADERSHIP OFFICES, AND COMMITTEES.
(a) Member Salaries.--Section 601(a)(1) of the Legislative
Reorganization Act of 1946 (2 U.S.C. 31(1)) by striking the matter
following subparagraph (C) and inserting the following: ``shall be 50
percent of the rate determined for such positions for pay periods
occurring during fiscal year 2012, as adjusted by paragraph (2).''
(b) Salaries and Expenses of House Offices.--
(1) Members representational allowance.--Section 101 of the
House of Representatives Administrative Reform Technical
Corrections Act (2 U.S.C. 57b) is amended--
(A) by redesignating subsection (e) as subsection
(f); and
(B) by inserting after subsection (d) the following
new subsection:
``(e) Limitation on Aggregate Amount.--During fiscal year 2012 and
each succeeding fiscal year, the aggregate amount appropriated or
otherwise made available for all Members' Representational Allowances
may not exceed 50 percent of the aggregate amount appropriated or
otherwise made available for such Allowances for fiscal year 2012.''.
(2) House leadership offices.--During fiscal year 2013 and
each succeeding fiscal year, the aggregate amount appropriated
or otherwise made available for the salaries and expenses of
House leadership offices may not exceed 50 percent of the
aggregate amount appropriated or otherwise made available for
the salaries and expenses of such offices for fiscal year 2012.
For purposes of this paragraph, the term ``House leadership
office'' means, with respect to any fiscal year, an office of
the House of Representatives for which the appropriation for
salaries and expenses of the office for the year involved is
provided under the heading ``House Leadership Offices'' in the
act making appropriations for the Legislative Branch for the
fiscal year involved.
(3) House committees.--During fiscal year 2013 and each
succeeding fiscal year, the aggregate amount appropriated or
otherwise made available for the salaries and expenses of
committees of the House of Representatives, including joint
committees for which the amounts disbursed for salaries and
expenses are disbursed by the Chief Administrative Officer of
the House of Representatives, may not exceed 50 percent of the
aggregate amount appropriated or otherwise made available for
the salaries and expenses of such committees for fiscal year
2012.
(c) Salaries and Expenses of Senate Offices.--
(1) Personal offices.--During fiscal year 2013 and each
succeeding fiscal year, the aggregate amount appropriated or
otherwise made available for the salaries and expenses of
offices of Senators may not exceed 50 percent of the aggregate
amount appropriated or otherwise made available for the
salaries and expenses of such offices for fiscal year 2012.
(2) Senate leadership offices.--During fiscal year 2013 and
each succeeding fiscal year, the aggregate amount appropriated
or otherwise made available for the salaries and expenses of
Senate leadership offices may not exceed 50 percent of the
aggregate amount appropriated or otherwise made available for
the salaries and expenses of such offices for fiscal year 2012.
For purposes of this paragraph, the term ``Senate leadership
offices'' means the offices of the President pro Tempore,
Majority and Minority Leaders, Majority and Minority Whips,
Conferences of the Majority and of the Minority, and Majority
and Minority Policy Committees of the Senate.
(3) Senate committees.--During fiscal year 2013 and each
succeeding fiscal year, the aggregate amount appropriated or
otherwise made available for the salaries and expenses of
committees of the Senate, including joint committees for which
the amounts disbursed for salaries and expenses are disbursed
by the Secretary of the Senate, may not exceed 50 percent of
the aggregate amount appropriated or otherwise made available
for the salaries and expenses of such committees for fiscal
year 2012.
SEC. 3. REDUCTION IN MEMBER SALARIES FOR YEARS DURING WHICH CONGRESS
EXCEEDS 60 DAYS IN SESSION.
Section 601(a) of the Legislative Reorganization Act of 1946 (2
U.S.C. 31) is amended--
(1) in paragraph (1), in the matter following subparagraph
(C), by striking ``paragraph (2)'' and inserting ``paragraphs
(2) and (3)''; and
(2) by adding at the end the following new paragraph:
``(3) Reduction for exceeding 60 days in session.--
``(A) Reduction.--For every 5 days on which a House
of Congress is in session during a session of a
Congress, each annual rate referred to in paragraph (1)
which applies to members of that House shall be reduced
by 10 percent.
``(B) Exemption for first 60 days and pro forma
sessions.--In determining the number of days on which a
House of Congress is in session during a session of a
Congress for purposes of subparagraph (A), there shall
be excluded--
``(i) the first 60 days on which that House
is in session; and
``(ii) any day on which that House is in
session solely on a pro forma basis.''.
SEC. 4. REMOVAL OF LIMITATION ON OUTSIDE EARNED INCOME FOR MEMBERS,
DELEGATES, AND THE RESIDENT COMMISSIONER.
(a) House of Representatives.--(1) Clause 1(a) of rule XXV of the
Rules of the House of Representatives is amended to read as follows:
``1.(a)(1) Except as provided by paragraph (b), an officer or
employee of the House may not have outside earned income attributable
to a calendar year that exceeds 15 percent of the annual rate of basic
pay for level II of the Executive Schedule under section 5313 of title
5, United States Code, as of January 1 of that calendar year.
``(2) A Member, Delegate, Resident Commissioner, officer, or
employee of the House may not receive any honorarium, except that an
officer or employee of the House who is paid at a rate less than 120
percent of the minimum rate of basic pay for GS-15 of the General
Schedule may receive an honorarium unless the subject matter is
directly related to the official duties of the individual, the payment
is made because of the status of the individual with the House, or the
person offering the honorarium has interests that may be substantially
affected by the performance or nonperformance of the official duties of
the individual.''.
(2) Clause 1(b) of rule XXV of the Rules of the House of
Representatives is amended by striking ``a Member, Delegate, Resident
Commissioner, officer, or employee'' each place it appears and
inserting ``an officer or employee''.
(3) Rule XXIII of the Rules of the House of Representatives is
amended by redesignating clause 18 as clause 19 and by inserting after
clause 17 the following new clause:
``17. A Member, Delegate, Resident Commissioner, officer, or
employee of the House may not derive any outside income as a result of
the privilege of their office.''.
(b) Senate.--(1) Paragraph 5 of rule XXXVII of the Standing Rules
of the Senate is amended--
(A) in subparagraph (a), by striking ``Member, officer, or
employee'' and inserting ``officer or employee''; and
(B) in subparagraph (b), by striking ``Member or''.
(2) Paragraph 6 of rule XXXVII of the Standing Rules of the Senate
is amended--
(A) in subparagraph (a), by striking ``Member, officer, or
employee'' each place it appears and inserting ``officer or
employee''; and
(B) in subparagraph (b), by striking ``A Member or an'' and
inserting ``An''.
SEC. 5. RESTORATION OF ELECTION OF MEMBERS NOT TO PARTICIPATE IN
FEDERAL EMPLOYEES' RETIREMENT SYSTEM.
Section 8401(20) of title 5, United States Code, is amended by
striking all that follows ``System'' and inserting a semicolon.
SEC. 6. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect
January 1, 2013. | Citizen Legislator Act of 2012 - Amends the Legislative Reorganization Act of 1946 (LRA) to reduce the salaries of Members of Congress to 50% of the ordinary rate for pay periods occurring during FY2012, as adjusted by statutory pay adjustments.
Amends the House of Representatives Administrative Reform Technical Corrections Act to limit for FY2013 the aggregate amount made available for the following entities to 50% of the amount appropriated or otherwise made available for FY2012: (1) Members' Representational Allowances; and (2) salaries and expenses of congressional leadership offices, Senate offices, and congressional standing and joint committees.
Amends the LRA to reduce by 10% the annual rate of pay for Members of Congress for every five days over 60 that their respective chamber is in session, unless its solely on a pro forma basis, during a session of Congress.
Amends Rule XXV (Limitations on Outside Earned Income and Acceptance Gifts) of the Rules of the House of Representatives to allow Members of the House to earn outside income attributable to a calendar year that exceeds 15% of the annual rate of basic pay for level II of the Executive Schedule, as of January 1 of that calendar year. (Currently outside income exceeding 15% of that annual rate is prohibited.)
Amends Rule XXIII (Code of Official Conduct) to prohibit such Members, officers, or employees from deriving any outside earned income resulting from the privilege of their office.
Amends Rule XXXVII (Conflict of Interest) of the Standing Rules of the Senate to allow a Senator compensated at a rate in excess of $25,000 per annum and employed for more than 90 days in a calendar year to: (1) affiliate with a firm, partnership, association, or corporation to provide professional services for compensation; (2) authorize the use of his or her name by such an entity; (3) practice a profession for compensation to any extent during regular office hours of the Senate office in which employed; or (4) serve without compensation as an officer or member of the board of any publicly held or publicly regulated corporation, financial institution, or business entity, under specified conditions. (Currently such affiliation and activities are prohibited.)
Allows a Senator whose rate of basic pay is equal to or greater than 120% of the annual rate of basic pay in effect for grade GS-15 of the General Schedule to: (1) receive compensation for affiliating with or being employed by a firm, partnership, association, corporation, or other entity which provides professional services involving a fiduciary relationship; (2) authorize the use of his or her officer's or employee's name to be used by any such entity; (3) receive compensation for practicing a profession which involves a fiduciary relationship or for teaching, without the prior notification and approval of the Select Committee on Ethics; and (4) serve for compensation as an officer or member of the board of any association, corporation, or other entity. (Currently such affiliation and activities are prohibited.)
Allows a Member of the House, who served as a Member before the enactment of the Legislative Branch Appropriations Act, 2004, to opt out of participating in the Federal Employees' Retirement System (FERS). | {"src": "billsum_train", "title": "To reduce the salaries of Members of Congress and the amounts available for the salaries and expenses of offices of Members, committees, and the leadership of Congress by 50 percent, to provide for further reductions in the salaries of Members of Congress to the extent that Congress is in session for more than 60 days during any session of a Congress, and for other purposes."} | 1,898 | 703 | 0.517393 | 1.837646 | 0.636375 | 2.070853 | 2.668277 | 0.7343 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Vietnam Education Foundation
Amendments Act of 2008''.
SEC. 2. TRANSFER OF THE FOUNDATION TO THE DEPARTMENT OF STATE.
(a) In General.--Section 204 of the Vietnam Education Foundation
Act of 2000 (22 U.S.C. 2452 note) is amended to read as follows:
``SEC. 204. ESTABLISHMENT.
``There is established, within the Bureau of Educational and
Cultural Affairs of the Department of State, the Vietnam Education
Foundation (referred to in this title as the `Foundation').''.
(b) Replacement of Board of Directors With Advisory Committee.--
Section 205 of such Act is amended to read as follows:
``SEC. 205. VIETNAM EDUCATION FOUNDATION ADVISORY COMMITTEE.
``(a) Establishment.--
``(1) In general.--There is established a Vietnam Education
Foundation Advisory Committee (referred to in this section as
the `Advisory Committee'), which shall provide advice to the
Secretary and the Assistant Secretary for Educational and
Cultural Affairs regarding the Foundation's activities.
``(2) Membership.--The Advisory Committee shall be composed
of 7 members, of whom--
``(A) 3 shall be appointed by the Secretary;
``(B) 1 shall be appointed by the majority leader
of the Senate;
``(C) 1 shall be appointed by the minority leader
of the Senate;
``(D) 1 shall be appointed by the Speaker of the
House of Representatives; and
``(E) 1 shall be appointed by the minority leader
of the House of Representatives.
``(3) Appointment of incumbent members of board of
directors.--Members appointed to the Advisory Committee under
paragraph (2) may include individuals who were members of the
Board of Directors of the Foundation on the date immediately
preceding the date of the enactment of the Vietnam Education
Foundation Amendments Act of 2008.
``(b) Supervision.--The Foundation shall be subject to the
supervision and direction of the Secretary, working through the
Assistant Secretary for Educational and Cultural Affairs, and in
consultation with the Advisory Committee established under subsection
(a).''.
(c) Fellowship Program.--Section 206(a) of such Act is amended--
(1) in paragraph (1)(A), by striking ``to study at
institutions of higher education in the United States at
graduate and post-graduate levels'' and inserting ``for post-
secondary studies at institutions of higher education in the
United States'';
(2) in paragraph (2)--
(A) by striking ``may include funding to improve''
and inserting the following: ``may include funding to--
``(A) improve''; and
(B) by striking the period at the end and inserting
the following: ``; and
``(B) prepare the fellowship recipient for post-
secondary education in any field described in paragraph
(1)(A).''; and
(3) by adding at the end the following:
``(3) Priority for basic sciences.--In awarding fellowships
under this subsection, the Foundation shall give priority to
individuals described in paragraph (1)(A) who are studying the
basic sciences.''.
(d) Conforming Amendments.--Such Act is amended--
(1) in section 203--
(A) by striking paragraph (1);
(B) by redesignating paragraphs (2) and (3) as
paragraphs (1) and (2), respectively; and
(C) by inserting after paragraph (2), as
redesignated, the following:
``(3) Secretary.--The term `Secretary' means the Secretary
of State.'';
(2) in section 206(e), by striking ``of the Board'' and
inserting ``promulgated by the Secretary'';
(3) in section 208--
(A) in subsection (a)--
(i) in the subsection heading, by striking
``Board'' and inserting ``Secretary''; and
(ii) by striking ``Board'' each place it
appears and inserting ``Secretary''; and
(B) in subsection (d), by striking ``Board'' and
inserting ``Secretary''; and
(4) in section 209(b), by striking ``Board'' and inserting
``Secretary''.
(e) Mutual Educational and Cultural Exchange Act of 1961.--Section
112(a) of the Mutual Educational and Cultural Exchange Act of 1961 (22
U.S.C. 2460(a)) is amended--
(1) in paragraph (8), by striking ``and'' at the end;
(2) in paragraph (9), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(10) programs administered by the Vietnam Education
Foundation.''.
(f) Transfer of Functions.--All functions and assets of the Vietnam
Education Foundation are transferred to the Bureau of Educational and
Cultural Affairs of the Department of State. The Assistant Secretary
for Educational and Cultural Affairs may hire personnel who were
employed by the Vietnam Education Foundation on the date before the
date of the enactment of this Act, and such other personnel as may be
necessary to support the Foundation, in accordance with part III of
title 5, United States Code.
SEC. 3. AMERICAN RESEARCH COLLEGE IN VIETNAM.
(a) Grants Authorized.--The Secretary of State, acting through the
Assistant Secretary for Educational and Cultural Affairs, is authorized
to award 1 or more grants to institutions of higher education (as
defined in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a))), which shall be used to participate in a partnership
with the Government of the Socialist Republic of Vietnam to establish
an American Research College in Vietnam. The purpose of the American
Research College shall be to provide a high quality general education
to Vietnamese undergraduate students.
(b) Application.--
(1) In general.--Each institution of higher education
desiring the grant under this section shall submit an
application to the Secretary of State at such time, in such
manner, and accompanied by such information as the Secretary
may reasonably require.
(2) Competitive basis.--Each grant authorized under
subsection (a) shall be awarded on a competitive basis.
(c) Source of Grant Funds.--The Secretary of State may use funds
made available to the Vietnam Education Foundation under section 207(c)
of the Vietnam Education Foundation Act of 2000 (22 U.S.C. 2452 note)
for the grant awarded under this section.
(d) Limitation.--The Secretary of State shall encourage the
Government of the Socialist Republic of Vietnam to make an appropriate
financial or in-kind contribution to establish and maintain the college
established with grant funds awarded under this section.
SEC. 4. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
the date that is 90 days after the date of the enactment of this Act. | Vietnam Education Foundation Amendments Act of 2008 - Amends the Vietnam Education Foundation Act of 2000 to establish the Vietnam Education Foundation within the Bureau of Educational and Cultural Affairs of the Department of State. (Current law establishes the Foundation as an independent establishment in the executive branch.) Transfers all functions and assets of the Foundation to the Bureau.
Replaces the existing Board of Directors with a Vietnam Education Foundation Advisory Committee.
Revises fellowship provisions to provide: (1) fellowships for post-secondary studies at U.S. institutions of higher education (current law provides fellowships for graduate and postgraduate levels); and (2) fellowship priority for students studying the basic sciences.
Authorizes the Secretary of State, through the Assistant Secretary for Educational and Cultural Affairs, to award grants to institutions of higher education for a partnership with the government of the Socialist Republic of Vietnam to establish an American Research College in Vietnam for undergraduate studies. | {"src": "billsum_train", "title": "A bill to amend the Vietnam Education Foundation Act of 2000."} | 1,576 | 193 | 0.622357 | 1.811757 | 0.795604 | 3.908571 | 8.228571 | 0.891429 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sentencing Fairness and Equity
Restoration Act of 2006''.
SEC. 2. REAFFIRMATION OF INTENT OF CONGRESS IN THE SENTENCING REFORM
ACT OF 1984.
(a) Statutory Maximum.--Section 3553(b) of title 18, United States
Code, is amended--
(1) in paragraph (1)--
(A) by striking the first sentence and inserting
``Except as provided in paragraph (2), the court shall
impose a sentence of a kind, and no less than the
minimum of the range, referred to in subsection (a)(4)
unless the court finds that there exists a mitigating
circumstance of a kind, or to a degree, not adequately
taken into consideration by the Sentencing Commission
in formulating the guidelines that should result in a
sentence different from that described.'';
(B) in the second sentence, by inserting
``mitigating'' before ``circumstance''; and
(C) by inserting after the second sentence the
following: ``The court may impose a sentence above the
minimum of the range, up to the maximum sentence
provided in the statute establishing the offense.''
(2) in paragraph (2)(A)--
(A) by striking ``the court shall impose a sentence
of the kind, and within the range'' and insert ``the
court shall impose a sentence of a kind, and no less
than the minimum of the range'';
(B) by striking clause (i) and redesignating
clauses (ii) through (iii) as clauses (i) through (ii)
respectively;
(C) by striking ``In determining whether a
circumstance'' and inserting ``In determining whether a
mitigating circumstance''; and
(D) by inserting after the sentence amended by
clause (C) of this paragraph the following ``The court
may impose a sentence above the minimum of the range,
up to the maximum sentence provided in the statute
establishing the offense.''.
(b) Conforming Changes.--Section 3553(c) of title 18, United States
Code, is amended to read as follows:
``(c) Statement of Reasons for Imposing a Sentence.--The court, at
the time of sentencing, shall state in open court the reasons for its
imposition of the particular sentence. If the court relies on
statements received in camera, in accordance with the Federal Rules of
Criminal Procedure, the court shall state that such statements were so
received and that it relied on the content of those statements. If the
court does not order restitution, or orders only partial restitution,
the court shall include in its statement the reasons therefor. The
court shall provide a transcription or other appropriate public record
of the statement of reasons, together with the order of judgment and
commitment, to the Sentencing Commission and if the sentence includes a
term of imprisonment, to the Bureau of Prisons.''.
(c) Standards for Review of Sentence.--Section 3742(e) of title 18,
United States Code, is amended by striking the last sentence and
inserting ``The court of appeals shall review de novo any sentence
imposed below the minimum of the range in the applicable sentencing
guidelines. In any other case, the court of appeals shall determine
whether the sentence was unreasonable.''
SEC. 3. UNIFORM NATIONAL STANDARDS FOR DOWNWARD DEPARTURES FOR
SUBSTANTIAL ASSISTANCE.
(a) Substantial Assistance Policy.--Not later than 180 days after
the date of the enactment of this Act, the Attorney General shall
create and implement a new policy governing the filing of motions for a
departure sentence reductions under Section 3553(e) of title 18, United
States Code, Section 5K1.1 of the United States Sentencing Commission
Guidelines Manual, and Rule 35(b) of the Federal Rules of Criminal
Procedure. The policy shall include uniform guidance for--
(1) the definition of substantial assistance in the
investigation of another person;
(2) the process by which determinations regarding
substantial assistance is made; and
(3) the criteria that govern the determination of the
extent of the reduction sought by the Government.
(b) Report to Congress.--Not later than 180 days after the date of
the enactment of this Act, the Attorney General shall report to
Congress the policy created pursuant to subsection (a).
SEC. 4. ASSURING JUDICIAL ADMINISTRATIVE RESPONSIBILITIES ARE PERFORMED
BY THE JUDICIAL BRANCH.
Section 994(w)(1) of title 28, United States Code, is amended--
(1) by inserting ``(other than a case involving a sentence
imposed for a petty offense, as defined in section 19 of title
18, for which there is no applicable sentencing guideline)''
after ``every criminal case''; and
(2) by adding at the end the following: ``The duties and
responsibilities set forth herein, or any portion thereof,
shall not be delegated to the executive branch''. | Sentencing Fairness and Equity Restoration Act of 2006 - Amends the federal criminal code to require: (1) federal courts to impose sentences for crimes at no less than the minimum of the range prescribed by U.S. Sentencing Commission Guidelines up to the statutory maximum; and (2) appellate de novo review of any sentence imposed below the minimum of the range in applicable sentencing guidelines
Directs the Attorney General to create and implement a new policy for the filing of motions for reducing a criminal sentence for substantial assistance in investigating or prosecuting another individual.
Amends the federal judicial code to: (1) exempt sentencing courts from the requirement of filing a written report with the U.S. Sentencing Commission for certain petty crimes for which there are no applicable sentencing guidelines; and (2) prohibit the delegation of certain judicial duties relating to sentencing to the executive branch. | {"src": "billsum_train", "title": "To amend title 18, United States Code, to reaffirm the intent of Congress in the Sentencing Reform Act of 1984, and for other purposes."} | 1,159 | 196 | 0.512378 | 1.374016 | 0.749639 | 2.354037 | 6.229814 | 0.838509 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Contact Lens Prescription Release
Act of 2002''.
SEC. 2. PRESCRIPTIONS FOR CONTACT LENSES.
(a) Availability of Contact Lens Prescription Information.--No
later than 9 months after the date of enactment of this Act, the
Federal Trade Commission shall promulgate a rule under section 553 of
title 5, United States Code, to require that a prescriber shall, upon
completion of the contact lens fitting process for a patient--
(1) provide to the patient a copy of the prescriber's
prescription for contact lenses, regardless of whether or not
the patient requests such a copy; and
(2) upon request of the patient or an agent of the
patient--
(A) provide a copy of such a prescription to the
patient or an agent of the patient; or
(B) promptly verify to an agent of the patient,
including by electronic means, the information
contained in such a prescription.
(b) Expiration of Prescription.--The rule promulgated under
subsection (a) shall also provide that any contact lens prescription
shall expire--
(1) except as provided in paragraph (2), on the later of--
(A) the date, if any, provided by the laws of the
State that issued the license under the authority of
which the prescription is issued; or
(B) a date that shall be prescribed by the
Commission in the rule; or
(2) on any expiration date specified by the prescriber that
is different than the date that applies under paragraph (1) and
that is based on the medical judgment of the prescriber with
respect to the patient's ocular health.
(c) Violations.--Any violation of a rule promulgated under this
section 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.
SEC. 3. REQUIREMENTS APPLICABLE TO INDUSTRY MEMBERS.
(a) Content of Advertisements and Sales Presentations.--No later
than 9 months after the date of enactment of this Act, the Federal
Trade Commission shall promulgate a rule under section 553 of title 5,
United States Code, to make it an unfair or deceptive act or practice
for any industry member to publish, or cause to be published, any
advertisement or sales presentation relating to contact lenses that
represents, directly or by implication, that contact lenses may be
obtained without a valid prescription.
(b) Prescription Requirement.--
(1) In general.--The rule promulgated under this section
shall--
(A) prohibit selling contact lenses to a consumer
unless the seller--
(i) obtains a copy of an unexpired
prescription; or
(ii) verifies the prescription in
accordance with paragraph (2); and
(B) require a seller of contact lenses to--
(i) record notifications made pursuant to
paragraph (2)(B) and the responses to such
notifications; and
(ii) preserve such records for a period of
time prescribed by the Commission.
(2) Prescription verification.--The rule promulgated under
this section shall provide that a prescription shall be
considered verified for purposes of paragraph (1)(A) if the
seller--
(A) notifies the prescriber that the patient or an
agent of the patient seeks contact lenses from the
seller; and
(B) gives the prescriber a sufficient opportunity
(as prescribed in the rule) to correct any errors in
the prescription.
(c) Violations.--Any violation of a rule promulgated under this
section 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.
SEC. 4. EFFECT ON STATE LAW.
This Act and the regulations issued under this Act shall not affect
any State law that regulates who is authorized to fit contact lenses.
SEC. 5. DEFINITIONS.
For purposes of this Act:
(1) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(2) Completion of the contact lens fitting process.--The
term ``completion of the contact lens fitting process'' means
completion of the process that--
(A) begins after the initial eye examination;
(B) includes--
(i) an examination to determine what the
lens specifications should be;
(ii) except in the case of a renewal of a
prescription, an initial evaluation of the fit
of the lens on the patient's eye; and
(iii) followup examinations that are
medically necessary; and
(C) ends when--
(i) except in the case of a renewal of a
prescription, the prescriber is satisfied that
a successful fit has been achieved; or
(ii) in the case of a renewal of a
prescription, the prescriber determines that
there is no change in the prescription.
(3) Industry member.--The term ``industry member'' means a
person that engages in the manufacture, processing, assembly,
sale, offering for sale, or distribution of contact lenses.
(4) Prescriber.--The term ``prescriber'' means an
ophthalmologist or optometrist who performs eye examinations
under a license issued by a State.
(5) Prescription.--The term ``prescription'' means the
specifications necessary for a patient to obtain contact
lenses, that include--
(A) all parameters of the contact lenses that are
necessary to allow duplication of the lenses;
(B) a clear notation that the patient is suitable
for contact lenses;
(C) the patient's name;
(D) the date of the examination on which the
prescription is based;
(E) the date the prescription is issued;
(F) the name, postal address, voice telephone
number, and facsimile telephone number of the
prescriber that issues the prescription; and
(G) the date on which the prescription expires. | Contact Lens Prescription Release Act of 2002 - Instructs the Federal Trade Commission (FTC) to promulgate a rule on ophthalmic practice that requires a contact lens prescriber to provide the patient (or, upon request, the patient's agent) a copy of the contact lens prescription. Sets forth guidelines for the rule pertaining to expiration dates for contact lenses.Directs the FTC to promulgate a rule to make it an unfair trade practice for a contact lenses industry member to: (1) publish any advertisement or sales presentation relating to contact lenses that represents that they may be obtained without a valid prescription; or (2) sell contact lenses to a consumer or agent of a consumer unless the seller obtains a copy of an unexpired prescription or verifies the prescription by notifying the prescriber of the intended sale. | {"src": "billsum_train", "title": "A bill to require the Federal Trade Commission to promulgate a rule to establish requirements with respect to the release of prescriptions for contact lenses."} | 1,349 | 186 | 0.68227 | 1.995604 | 0.715057 | 2.788079 | 7.966887 | 0.89404 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Streamlined Sales and Use Tax Act''.
SEC. 2. CONSENT OF CONGRESS.
The Congress consents to the November 12, 2002, Streamlined Sales
and Use Tax Agreement.
SEC. 3. SENSE OF THE CONGRESS.
It is the sense of the Congress that the sales and use tax system
established by the Streamlined Sales and Use Tax Agreement, to the
extent that it meets the minimum simplification requirements of section
6, provides sufficient simplification and uniformity to warrant Federal
authorization to States that are parties to the Agreement to require
remote sellers, subject to the conditions provided in this Act, to
collect and remit the sales and use taxes of such States and of local
taxing jurisdictions of such States. The purpose of this Act is to
effectuate that limited authority, and not to grant additional
authority unrelated to the accomplishment of that purpose.
SEC. 4. AUTHORIZATION TO REQUIRE COLLECTION OF SALES AND USE TAXES.
(a) Grant of Authority.--Once 10 States comprising at least 20
percent of the total population of all States imposing a sales tax, as
determined by the 2000 Federal census, have petitioned for membership
under the Streamlined Sales and Use Tax Agreement in the manner
required by the Agreement, have been found to be in compliance with the
Agreement pursuant to the terms of the Agreement, have become Member
States under the Agreement, and the necessary operational aspects of
the Agreement have been implemented, any Member State under the
Agreement is authorized, notwithstanding any other provision of law, to
require all sellers not qualifying for the small business exception
provided under subsection (b) to collect and remit sales and use taxes
with respect to remote sales to purchasers located in such State. Such
authorization shall terminate for all States if the requirements of the
preceding sentence cease to be met or if the Agreement, as amended, no
longer meets the minimum simplification requirements of section 6. Such
authorization shall also terminate for any Member State if such Member
State no longer complies with the requirements for Member State status
under the terms of the Agreement. Determinations regarding compliance
with the requirements of this subsection shall be made by the Governing
Board (or, prior to the establishment of the Governing Board, by the
States petitioning for membership under the Agreement) subject to
section 5.
(b) Small Business Exception.--No seller shall be subject to a
requirement of any State to collect and remit sales and use taxes with
respect to a remote sale where the seller and its affiliates
collectively had gross remote taxable sales nationwide of less than
$5,000,000 in the calendar year preceding the date of such sale. No
seller shall be subject to a requirement of any State to collect and
remit sales and use taxes with respect to a remote sale where the
seller and its affiliates collectively meet the $5,000,000 threshold of
this subsection but the seller has less than $100,000 in gross remote
taxable sales nationwide.
(c) Reasonable Seller Compensation.--The authority provided in
subsection (a) is conditioned on acceptance and implementation by each
Member State of a requirement that the State provide reasonable
compensation for expenses incurred by sellers related to the
administration, collection and remittance of sales and use taxes.
Furthermore, the State shall provide compensation that covers all tax
processing costs of remote sellers. The additional compensation
provided to remote sellers shall remain in effect for a period of 4
years from the date that a State is granted the authority under this
Act to require remote sellers to collect and remit sales taxes with
respect to remote purchasers located in such State.
SEC. 5. DETERMINATION BY GOVERNING BOARD AND JUDICIAL REVIEW OF THAT
DETERMINATION.
(a) Petition.--Any person who may be affected by the Agreement may
petition the Governing Board for a determination on any issue relating
to the implementation of the Agreement.
(b) Review in Court of Federal Claims.--Any person who submits a
petition under subsection (a) may bring an action against the Governing
Board in the United States Court of Federal Claims for judicial review
of the action of the Governing Board on that petition if--
(1) the petition relates to an issue of whether--
(A) a State has met or continues to meet the
requirements for Member State status under the
Agreement;
(B) the Governing Board has performed a
nondiscretionary duty of the Governing Board under the
Agreement;
(C) the Agreement continues to meet the minimum
simplification requirements set forth in section 6; or
(D) any other requirement of section 4 has been
met; and
(2) the petition is denied by the Governing Board in whole
or in part with respect to that issue, or the Governing Board
fails to act on the petition with respect to that issue not
later than six months after the date on which the petition is
submitted.
(c) Timing of Action for Review.--An action for review under this
section shall be initiated not later than 60 days after the Governing
Board's denial of the petition, or, if the Governing Board failed to
act on the petition, within 60 days after the end of the six-month
period beginning on the day after the date on which the petition was
submitted.
(d) Standard of Review.--In any action for review under this
section, the court shall set aside the actions, findings, and
conclusions of the Governing Board found to be arbitrary, capricious,
an abuse of discretion, or otherwise not in accordance with law.
(e) Jurisdiction.--
(1) Generally.--Chapter 91 of title 28 of the United States
Code is amended by adding at the end thereof:
``Sec. 1510. Jurisdiction regarding the streamlined sales and use tax
agreement
``The United States Court of Federal Claims shall have exclusive
jurisdiction over actions for judicial review of determinations of the
Governing Board of the Streamlined Sales and Use Tax Agreement under
the terms and conditions provided in section 5 of the Simplified Sales
and Use Tax Act.''.
(2) Conforming amendment to table of sections.--The table
of sections at the beginning of chapter 91 of title 28, United
States Code, is amended by adding at the end the following new
item:
``1510. Jurisdiction regarding the streamlined sales and use tax
agreement.''.
SEC. 6. MINIMUM SIMPLIFICATION REQUIREMENTS.
The following criteria are the minimum simplification requirements
for the Agreement:
(1) A centralized, one-stop, multistate registration system
that sellers may elect to use to register with the Member
States; provided the seller may also elect to register directly
with a Member State; and further provided that privacy and
confidentiality controls shall be placed on the multistate
registration system so that it may not be used for any purpose
other than the administration of sales and use taxes.
(2) Uniform definitions of products and product-based
exemptions from which the Member States may choose their
individual tax bases; Member States may enact other product-
based exemptions without restriction if the Agreement does not
have a definition for the product or for a term that includes
the product.
(3) Uniform rules for sourcing and attributing transactions
to particular taxing jurisdictions.
(4) Uniform procedures for the certification of service
providers and software on which a seller may elect to rely in
order to determine State sales and use tax rates and
taxability.
(5) Uniform rules for bad debts.
(6) Uniform requirements for tax returns and remittances.
(7) Consistent electronic filing and remittance methods.
(8) Single, State-level administration of all State and
local sales and use taxes, and a single filing for each State.
(9) A single sales and use tax rate per taxing jurisdiction
for items other than those listed in section 308 C of the
Agreement as adopted on November 12, 2002, except that a State
may impose a second sales and use tax rate for items satisfying
the Agreement's definition for food, food ingredients, or
drugs.
(10) A provision that relieves a seller or service provider
from liability for collection of the incorrect amount of sales
or use tax, provided such seller has relied on information
provided by the Member States regarding tax rates, boundaries,
or taxing jurisdiction assignments.
(11) Uniform audit procedures for sellers, including an
option under which a seller may elect, by notifying the
Governing Board, to be subject to a single audit on behalf of
all the Member States or a single audit on behalf of each
Member State.
(12) Reasonable compensation for all sellers that
administer, collect and remit sales and use tax, with
requirements for remote seller compensation as provided in
section 4(d) of this Act.
(13) Appropriate protections for consumer privacy.
(14) Governance procedures and mechanisms to ensure timely,
consistent, and uniform implementation and adherence to the
principles of the streamlined system and the terms of the
Agreement.
(15) The Member States apply the minimum simplification
requirements under this subsection to transaction taxes on
communications by January 1, 2006, except that the requirement
for one uniform return shall not apply and the requirements for
rate simplification are modified to require one rate for each
type of transaction tax per jurisdiction. ``Transaction tax''
as used in this provision shall have the same meaning as in
section 116 of title 4, United States Code, except that
``communications services'' shall replace ``mobile
telecommunications services'' whenever such term appears.
(16) Uniform rules for ``sales tax holidays'' that provide
alternative mechanisms for remote sellers to participate.
(17) Uniform rules and procedures to address refunds and
credits for sales taxes relating to customer returns,
restocking fees, discounts and coupons, and rules to address
allocations of shipping and handling and discounts applied to
multiple item and multiple seller orders and sourcing rules
that contain provisions to prevent double taxation in
situations where a foreign country has imposed a transaction
tax on a digital good or service.
(18) Each amendment hereafter adopted to the Agreement is
within the scope of the subject matter currently covered by the
agreement.
SEC. 7. LIMITATION.
(a) In General.--Nothing in this Act shall be construed as
subjecting sellers to franchise taxes, income taxes, or licensing
requirements of a State or political subdivision thereof, nor shall
anything in this Act be construed as affecting the application of such
taxes or requirements or enlarging or reducing the authority of any
State to impose such taxes or requirements.
(b) No Effect on Nexus, Etc.--No obligation imposed by virtue of
the authority granted by section 4 shall be considered in determining
whether a seller has a nexus with any State for any other tax purpose.
Except as provided in subsection (a), and in section 4, nothing in this
Act permits or prohibits a State's--
(1) licensing or regulating any person;
(2) requiring any person to qualify to transact intrastate
business;
(3) subjecting any person to State taxes not related to the
sale of goods or services; or
(4) exercising authority over matters of interstate
commerce.
SEC. 8. EXPEDITED JUDICIAL REVIEW.
(a) Three-Judge District Court Hearing.--Notwithstanding any other
provision of law, any civil action challenging the constitutionality,
on its face, of this Act, or any provision thereof, shall be heard by a
district court of three judges convened pursuant to the provisions of
section 2284 of title 28, United States Code.
(b) Appellate Review.--Notwithstanding any other provision of law,
an interlocutory or final judgment, decree, or order of the court of
three judges in an action under subsection (a) holding this Act, or any
provision thereof, unconstitutional shall be reviewable as a matter of
right by direct appeal to the Supreme Court. Any such appeal shall be
filed not more than 20 days after entry of such judgment, decree, or
order.
SEC. 9. DEFINITIONS.
For the purposes of this Act the following definitions apply:
(1) Affiliate.--The term ``affiliate'' means any entity
that controls, is controlled by, or is under common control
with a seller.
(2) Governing board.--The term ``Governing Board'' means
the governing board established by the Streamlined Sales and
Use Tax Agreement.
(3) Member state.--The term ``Member State'' means a member
state under the Streamlined Sales and Use Tax Agreement.
(4) Nationwide.--The term ``nationwide'' means throughout
the territory of the United States, including any of its
territories and possessions.
(5) Person.--The term ``person'' means an individual,
trust, estate, fiduciary, partnership, corporation, or any
other legal entity, and includes a State or local government.
(6) Remote sale and remote seller.--The terms ``remote
sale'' and ``remote seller'' refer to a sale of goods or
services attributed to a particular taxing jurisdiction with
respect to which the seller did not have adequate physical
presence to establish nexus under the law existing on the day
before the date of enactment of this Act so as to allow such
jurisdiction to require the seller to collect and remit sales
or use taxes with respect to such sale.
(7) State.--The term ``State'' means any State of the
United States of America and includes the District of Columbia,
Puerto Rico, and any other territory or possession of the
United States.
(8) Streamlined sales and use tax agreement.--The term
``Streamlined Sales and Use Tax Agreement'' (or ``the
Agreement'') means the multistate agreement with that title
adopted on November 12, 2002, and as amended from time to time. | Streamlined Sales and Use Tax - Grants the consent of Congress to the November 12, 2002, Streamlined Sales and Use Tax Agreement.
Expresses the sense of Congress that such Agreement provides sufficient simplification and uniformity to warrant Federal authorization to States that are parties to the Agreement to require remote sellers to collect and remit the sales and use taxes of such States and of local taxing jurisdictions of such States. States that the purpose of this Act is to effectuate that limited authority, and not to grant additional authority unrelated to the accomplishment of that purpose.
States that once 10 States comprising at least 20 percent of the total population of all States imposing a sales tax have petitioned for membership under the Streamlined Sales and Use Tax Agreement, have been found to be in compliance with the Agreement pursuant to the terms of the Agreement, have become Member States under the Agreement, and the necessary operational aspects of the Agreement have been implemented, any Member State under the Agreement is authorized, notwithstanding any other provision of law, to require all sellers not qualifying for the small business exception provided by this Act to collect and remit sales and use taxes with respect to remote sales to purchasers located in such State.
Establishes minimum simplification requirements. | {"src": "billsum_train", "title": "A bill to promote simplification and fairness in the administration and collection of sales and use taxes."} | 3,024 | 267 | 0.830528 | 2.621887 | 0.873084 | 8.632479 | 12.004274 | 0.982906 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Literacy, Education, and
Rehabilitation Act''.
SEC. 2. CREDIT FOR PARTICIPATION IN EDUCATIONAL, VOCATIONAL, TREATMENT,
ASSIGNED WORK, OR OTHER DEVELOPMENTAL PROGRAMS.
(a) In General.--Section 3624 of title 18, United States Code, is
amended--
(1) by redesignating subsections (c), (d), (e), and (f), as
subsections (d), (e), (f), and (g); and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Credit Toward Service of Sentence for Satisfactory
Participation in a Designated Program.--
``(1) In general.--Subject to paragraphs (2) and (3), a
prisoner serving a term of imprisonment of more than 1 year may
receive credit toward the service of the prisoner's sentence,
in addition to any credit received under subsection (b), beyond
the time already served, of up to 60 days at the end of each
year of the prisoner's term of imprisonment, beginning at the
end of the first year of such term. Credit that has not been
earned may not later be granted. Credit for the last year or
portion of a year of the term of imprisonment shall be prorated
and credited within the last 6 weeks of the sentence.
``(2) Satisfactory participation in designated program.--A
prisoner shall be awarded credit under paragraph (1) if the
Director of the Bureau of Prisons determines that the prisoner
has earned, or is making satisfactory progress toward earning,
a certificate of completion in a designated program, has
satisfactorily participated in a designated program, or has
taught or conducted a designated program.
``(3) Number of days of credit awarded.--
``(A) In general.--The Director of the Bureau of
Prisons shall determine and establish a policy setting
forth the rate of the number of days of credit which a
prisoner may be awarded under this subsection with
respect to any designated program.
``(B) Specific considerations.--In determining the
number of days of credit a prisoner may be awarded with
respect to a designated program, the Director of the
Bureau of Prisons shall consider--
``(i) the level of difficulty of the
program;
``(ii) the time required by the program;
``(iii) the level of responsibility
expected of the prisoner with respect to the
program;
``(iv) the rehabilitative benefits the
program provides the prisoner; and
``(v) the benefits the program provides the
Bureau of Prisons.
``(C) Availability to prisoners.--The Director of
the Bureau of Prisons shall make the policy applicable
to credit awarded under this subsection available for
each prisoner to review prior to that prisoner's
participation in any designated program.
``(4) Eligibility.--Any person sentenced to a term of
imprisonment under custody of the Attorney General, whether
sentenced or convicted prior to or after November 1, 1987,
shall be eligible for the credits described in this subsection.
``(5) Designated program.--The term `designated program'
means a program which has been designated by the Director of
the Bureau of Prisons as a program which benefits either
prisoners or the Bureau of Prisons, including--
``(A) educational and vocational programs, such as
courses and programs through which a prisoner may earn
a high school diploma or an equivalent degree or
certification through an accredited vocational training
program, college, or university;
``(B) treatment programs, such as interventional
rehabilitation programs, including mental health and
drug abuse programs; and
``(C) assigned work and developmental programs.''.
(b) Prisoners Transferred From Foreign Countries to the Custody of
the Attorney General.--
(1) In general.--The second sentence of section 4105(c)(1)
of title 18, United States Code, is amended by inserting ``and
for participation in designated programs under section
3624(c)'' after ``satisfactory behavior''.
(2) Conforming amendments.--Section 4105(c) of title 18,
United States Code, is amended--
(A) by striking ``at the rate provided in section
3624(b)'' each place it appears and inserting ``at the
rates provided in sections 3624(b) and (c)''; and
(B) in paragraph (3), by striking ``section
3624(b)'' and inserting ``sections 3624(b) and (c)''.
(c) Conforming Amendments.--
(1) Title 18.--Section 3603(6) of title 18, United States
Code, is amended by striking ``3624(c)'' and inserting
``3624(d)''.
(2) Title 28.--Section 994(a)(2)(F) of title 28, United
States Code, is amended by striking ``3624(c)'' and inserting
``3624(d)''.
SEC. 3. AMOUNT OF PRISON TERM THAT MUST BE SERVED UNDER CONDITIONS THAT
WILL PREPARE PRISONER FOR RELEASE.
The first sentence of section 3624(d) of title 18, United States
Code, as redesignated by section 2(a)(1), is amended by striking ``10
per centum'' and inserting ``portion''.
SEC. 4. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect upon
the expiration of the 90-day period beginning on the date of the
enactment of this Act. | Literacy, Education, and Rehabilitation Act - Amends the federal criminal code to allow a prisoner serving a term of imprisonment of more than one year to receive credit beyond time already served for up to 60 days each year, in addition to any credit received for satisfactory behavior, for earning a certificate of completion in, or for participating in or teaching, a designated program that benefits prisoners or the Bureau of Prisons, including specified educational and vocational, treatment, and work and developmental programs.
Requires the Director of the Bureau of Prisons to establish the number of days of credit a prisoner may be awarded considering the difficulty, time required, responsibility expected, and rehabilitative benefits of the program.
Makes any person sentenced to a term of imprisonment under the Attorney General's custody eligible for the credits, including prisoners transferred from foreign countries.
Directs the Bureau of Prisons to assure that a prisoner serves a reasonable part of the last portion (currently, the last ten percent) of the term of imprisonment under conditions that will afford the prisoner a reasonable opportunity to prepare for reentry into the community. | {"src": "billsum_train", "title": "To amend title 18, United States Code, to award credit toward the service of a sentence to prisoners who participate in designated educational, vocational, treatment, assigned work, or other developmental programs, and for other purposes."} | 1,277 | 243 | 0.663445 | 1.818286 | 0.893821 | 2.895238 | 5.338095 | 0.87619 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rocky Flats Open Space Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) The Federal Government, through the Atomic Energy
Commission, acquired the Rocky Flats site in 1951 and began
operations there in 1952. Since 1992, the mission of the Rocky
Flats site has changed from the production of nuclear weapons
components to managing wastes and materials and cleaning up and
converting the site to beneficial uses in a manner that is
safe, environmentally and socially responsible, physically
secure, and cost-effective.
(2) The buffer zone has generally remained undisturbed
since the acquisition of the Rocky Flats site. The buffer zone
possesses an impressive diversity of plant and animal species
and provides important wildlife habitat for a number of
threatened and endangered species.
(3) The State of Colorado is experiencing increasing growth
and development, especially in the metropolitan Denver Front
Range area in the vicinity of the Rocky Flats site. This growth
and development reduces the amount of open space and thereby
diminishes for many metropolitan Denver communities the vistas
of the striking Front Range mountain backdrop.
(4) The national interest requires that the ongoing cleanup
and closure of the Rocky Flats site be completed without
unnecessary delay and that the site thereafter be retained by
the United States and managed so as to preserve its value for
open space and wildlife habitat.
(b) Purpose.--The purpose of this Act is to provide for the
management of the buffer zone at the Rocky Flats site as open space and
to establish a process for determining and implementing appropriate
policies for the management of the Rocky Flats site after the ongoing
cleanup and closure is completed.
SEC. 3. FUTURE OWNERSHIP AND MANAGEMENT.
(a) Federal Ownership.--Unless Congress provides otherwise in an
Act enacted after the date of the enactment of this Act, all right,
title, and interest of the United States, held on or acquired after the
date of the enactment of this Act, to lands within the boundaries of
the Rocky Flats site shall be retained by the United States.
(b) Open Space Management of Buffer Zone.--(1) Except as provided
in paragraph (2), the buffer zone shall be managed as open space.
(2) The structures that comprise the former Lindsay Ranch homestead
site within the Rock Creek Reserve area of the buffer zone shall be
preserved and maintained to protect their historic significance and
provide appropriate enjoyment for visitors.
(c) Management of Industrial Area.--Subsection (b) shall not be
construed to affect the management of the industrial area or to
preclude the management of the industrial area as open space after
cleanup and closure is completed.
SEC. 4. ROCKY FLATS OPEN SPACE ADVISORY COUNCIL.
(a) Establishment.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Energy shall establish a
council to be known as the Rocky Flats Open Space Advisory Council.
(b) Purpose.--The purpose of the Council shall be to examine the
options for long-term oversight and management of the Rocky Flats site
and to make recommendations for such oversight and management.
(c) Duties.--The Council shall--
(1) identify the Federal, State, and local agencies and
other entities that could effectively manage the buffer zone to
protect its wildlife, wildlife habitat, and open space
resources;
(2) identify, with respect to the various portions of the
buffer zone, the management policies that would be most
appropriate, consistent with the protection of the wildlife,
wildlife habitat, and open space resources;
(3) make recommendations regarding the management of the
buffer zone after completion of the cleanup and closure,
including the appropriate entity or entities to carry out the
management, the appropriate management policies, any
appropriate implementing legislation, and any other
recommendations that the Council considers appropriate; and
(4) make any recommendations regarding the management of
the industrial area that the Council considers appropriate.
(d) Composition.--The Secretary shall ensure that the membership of
the Council includes representatives of appropriate Federal, State, and
local entities, including the following:
(1) The offices of the Governor and the Attorney General of
the State of Colorado.
(2) The counties in Colorado of Jefferson and Boulder.
(3) The cities in Colorado of Arvada, Boulder, Broomfield,
Westminster, Superior, Thornton, Golden, and Northglenn.
(4) The Rocky Flats Citizens Advisory Board and the Rocky
Flats Coalition of Local Governments.
(5) The Department of Public Health and Environment and the
Department of Natural Resources of the State of Colorado.
(6) The Department of Energy.
(7) The United States Fish and Wildlife Service.
(8) The Environmental Protection Agency.
(e) Chairperson.--The Chairperson of the Council shall be appointed
by the Secretary and shall be a member of the Council who is a
representative of the Department of Energy.
(f) Public Involvement.--The Council shall be subject to the
Federal Advisory Committee Act (5 U.S.C. App.). The Council's
deliberations shall be open to the public, and the Council shall
endeavor to seek out and provide opportunities for public input.
(g) Report.--Not later than 1 year after the establishment of the
Council, the Council shall submit a report to the Secretary, the
Governor of the State of Colorado, and the Congress. The report shall
contain the identifications and recommendations of the Council under
subsection (c).
(h) Implementation of Council Recommendations.--Subject to section
5(a) and any other provision of Federal law, the Secretary may, after
the submission of the report by the Council under subsection (g),
provide for the management of the buffer zone in accordance with the
recommendations in that report.
SEC. 5. CONTINUATION OF ENVIRONMENTAL CLEANUP AND CLOSURE.
(a) Ongoing Cleanup and Closure.--The Secretary shall continue to
carry out to completion the cleanup and closure activities at the Rocky
Flats site, including any such actions within the buffer zone that are
necessary under applicable requirements of Federal or State laws and
regulations.
(b) Rules of Construction.--(1) Nothing in this Act, and no action
taken under this Act, shall relieve the Secretary or any other person
from any obligation or other liability with respect to the Rocky Flats
site under the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.), the Solid Waste
Disposal Act (42 U.S.C. 6901 et seq.), the Colorado Hazardous Waste Act
(Colo. Rev. Stat. 25-15-301 et seq.), or any other applicable Federal
or State law or regulation.
(2) This Act shall not be construed to restrict or lessen the
degree of cleanup at the Rocky Flats site, including the buffer zone,
required under the 1996 Rocky Flats Cleanup Agreement or any other
applicable requirements.
(3) The level of cleanup at the Rocky Flats site shall not be
affected by the requirements of this Act for open space management of
the buffer zone, but rather shall be based on considerations of public
health and safety.
SEC. 6. DEFINITIONS.
For purposes of this Act:
(1) The term ``Rocky Flats'' or ``Rocky Flats site'' means
the Rocky Flats Environmental Technology Site, Colorado.
(2) The term ``Rocky Flats map'' means the map of the Rocky
Flats site titled ``Rocky Flats Environmental Technology Site,
Colorado'' and dated June 1999.
(3) The term ``open space'' means an area free of new
structures that is managed for its open space characteristics
and for its wildlife, wildlife habitat, and potential
recreational opportunities.
(4) The term ``buffer zone'' means the land within the
Rocky Flats site between the industrial area and the boundary
of Federal land at the Rocky Flats site, comprising
approximately 6,000 acres, as generally depicted on the Rocky
Flats map.
(5) The term ``industrial area'' means the facilities and
structures on the Rocky Flats site that comprise the former
nuclear weapons production activities, comprising approximately
385 acres, as generally depicted on the Rocky Flats map.
(6) The term ``cleanup and closure'' means the remedial
actions and decommissioning activities being undertaken at the
Rocky Flats site by the Department of Energy under the 1996
Rocky Flats Cleanup Agreement, the closure plans and baselines,
and any other relevant documents.
(7) The term ``Secretary'' means the Secretary of Energy.
(8) The term ``Council'' means the Rocky Flats Open Space
Advisory Council. | Directs the Secretary of Energy to: (1) establish the Rocky Flats Open Space Advisory Council to examine options for long-term oversight and management of the Rocky Flats site and to make recommendations for its oversight and management; (2) ensure that Council membership includes representatives from designated Federal, State, and local entities; and (3) continue implementation of clean-up and closure activities at the site and, if necessary, within the buffer zone. | {"src": "billsum_train", "title": "Rocky Flats Open Space Act"} | 1,885 | 88 | 0.622717 | 1.804521 | 0.821137 | 4.590909 | 20.227273 | 0.954545 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consolidation Prevention and
Competition Promotion Act of 2017''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) competitive markets are critical to ensuring
opportunity for all people in the United States;
(2) when companies compete, businesses offer the highest
quality and choice of goods for the lowest possible prices to
consumers and other businesses;
(3) competition fosters small business growth, reduces
economic inequality, and spurs innovation;
(4) concentration that leads to market power and
anticompetitive conduct makes it more difficult for people in
the United States to start their own businesses, depresses
wages, and increases economic inequality;
(5) undue market concentration also contributes to the
consolidation of political power, undermining the health of
democracy in the United States;
(6) the anticompetitive effects of market power created by
concentration include higher prices, lower quality,
significantly less choice, reduced innovation, foreclosure of
competitors, increased entry barriers, and monopsony power;
(7) monopsony power--
(A) allows a firm to force suppliers of goods or
services to cut their prices to unreasonably low
levels, resulting in reduced business opportunities for
suppliers and reduced availability and quality of
products and services for consumers; and
(B) can result in workers being forced to accept
unreasonably low wages;
(8) horizontal consolidation, vertical consolidation, and
conglomerate mergers all have potential to cause
anticompetitive harm;
(9) unprecedented consolidation is reducing competition and
threatens to place the American dream further out of reach for
many consumers in the United States;
(10) since 2008, firms in the United States have engaged in
over $10,000,000,000,000 in mergers and acquisitions;
(11) between 2010 and 2015, there was a 50-percent increase
in the number of mergers and acquisitions reviewed by the
Federal Trade Commission and the Antitrust Division of the
Department of Justice;
(12) the antitrust laws, particularly section 7 of the
Clayton Act (15 U.S.C. 18), are the first line of defense
against anticompetitive mergers; and
(13) in recent years, some court decisions and enforcement
policies have limited the vitality of the Clayton Act to
prevent harmful consolidation by--
(A) discounting previously accepted presumptions
that certain acquisitions are anticompetitive;
(B) focusing inordinately on the impact on price of
an acquisition in the short term;
(C) underestimating the dangers that horizontal,
vertical, and conglomerate mergers will lower quality,
reduce choice, impede innovation, exclude competitors,
increase entry barriers, or create monopsony power; and
(D) requiring the government to prove harmful
effects of a merger to a near certainty.
(b) Purposes.--The purposes of this Act are to promote competition
and prevent harmful consolidation by restoring the original intent of
the Clayton Act to address the full range of anticompetitive harms,
including--
(1) eliminating the requirement that a merger
``substantially'' lessens competition to clarify that the
Clayton Act prohibits mergers that, as a result of
consolidation, may materially lower quality, reduce choice,
reduce innovation, exclude competitors, increase entry
barriers, or increase price;
(2) inserting the phrase ``materially'' to establish that
the plaintiff need not show an acquisition may cause a
substantial amount of harm to competition, but rather show that
an acquisition may cause more than a de minimis amount of harm
to competition;
(3) amending the Clayton Act to include the term
``monopsony'' to clarify that an acquisition that tends to
create a monopsony violates the Clayton Act; and
(4) establishing simple, cost-effective decision rules that
require the parties to certain acquisitions that either
significantly increase consolidation or are extremely large
bear the burden of establishing that the acquisition will not
materially harm competition.
SEC. 3. UNLAWFUL ACQUISITIONS.
Section 7 of the Clayton Act (15 U.S.C. 18) is amended--
(1) in the first and second undesignated paragraphs, by
striking ``substantially'' each place that term appears and
inserting ``materially'';
(2) by inserting ``or a monopsony'' after ``monopoly'' each
place that term appears; and
(3) by adding at the end the following:
``In a case brought by the United States, the Federal Trade
Commission, or a State attorney general, a court shall determine that
the effect of an acquisition described in this section may be
materially to lessen competition or create a monopoly or a monopsony
if--
``(1) the acquisition would lead to a significant increase
in market concentration in any line of commerce or in any
activity affecting commerce in any section of the country; or
``(2)(A) the acquisition is not a transaction that is
described in section 7A(c); and
``(B)(i) as a result of such acquisition, the acquiring
person would hold an aggregate total amount of the voting
securities and assets of the acquired person in excess of
$5,000,000,000 (as adjusted and published for each fiscal year
beginning after September 30, 2018, in the same manner as
provided in section 8(a)(5) to reflect the percentage change in
the gross national product for such fiscal year compared to the
gross national product for the year ending September 30, 2017);
or
``(ii)(I) the person acquiring or the person being acquired
has assets, net annual sales, or a market capitalization
greater than $100,000,000,000 (as so adjusted and published);
and
``(II) as a result of such acquisition, the acquiring
person would hold an aggregate total amount of the voting
securities and assets of the acquired person in excess of
$50,000,000 (as so adjusted and published),
unless the acquiring and acquired person establish, by a preponderance
of the evidence, that the effect of the acquisition will not be to tend
to materially lessen competition or tend to create a monopoly or a
monopsony. In this paragraph, the term `materially lessen competition'
means more than a de minimis amount.''.
SEC. 4. POST-SETTLEMENT DATA.
Section 7A of the Clayton Act (15 U.S.C. 18a) is amended by adding
at the end the following:
``(l)(1) Each person who enters into an agreement with the Federal
Trade Commission or the United States to resolve a proceeding brought
under the antitrust laws or under the Federal Trade Commission Act (15
U.S.C. 41 et seq.) regarding an acquisition with respect to which
notification is required under this section shall, on an annual basis
during the 5-year period beginning on the date on which the agreement
is entered into, submit to the Federal Trade Commission or the
Assistant Attorney General, as applicable, information sufficient for
the Federal Trade Commission or the United States, as applicable, to
assess the competitive impact of the acquisition, including--
``(A) the pricing, availability, and quality of any product
or service, or inputs thereto, in any market, that was covered
by the agreement;
``(B) the source, and the resulting magnitude and extent,
of any cost-saving efficiencies or any consumer benefits that
were claimed as a benefit of the acquisition and the extent to
which any cost savings were passed on to consumers; and
``(C) the effectiveness of any divestitures or any
conditions placed on the acquisition in preventing or
mitigating harm to competition.
``(2) The requirement to provide the information described in
paragraph (1) shall be included in an agreement described in that
paragraph.
``(3) The Federal Trade Commission, with the concurrence of the
Assistant Attorney General, by rule in accordance with section 553 of
title 5, United States Code, and consistent with the purposes of this
section--
``(A) shall require that the information described in
paragraph (1) be in such form and contain such documentary
material and information relevant to a proposed acquisition as
is necessary and appropriate to enable the Federal Trade
Commission and the Assistant Attorney General to assess the
competitive impact of the acquisition under paragraph (1); and
``(B) may--
``(i) define the terms used in this subsection;
``(ii) exempt, from the requirements of this
section, information not relevant in assessing the
competitive impact of the acquisition under paragraph
(1); and
``(iii) prescribe such other rules as may be
necessary and appropriate to carry out the purposes of
this section.''.
SEC. 5. OFFICE OF COMPETITION ADVOCATE.
(a) Definitions.--In this section--
(1) the term ``agency'' has the meaning given the term in
section 551 of title 5, United States Code;
(2) the term ``covered company'' means any company that
has, at any time, been required to make a filing under section
7A of the Clayton Act (15 U.S.C. 18a);
(3) the term ``Office'' means the Office of the Competition
Advocate established under subsection (b);
(4) the term ``Chairman'' means the Chairman of the
Commission; and
(5) the term ``Commission'' means the Federal Trade
Commission.
(b) Establishment.--There is established within the Federal Trade
Commission the Office of the Competition Advocate.
(c) Competition Advocate.--
(1) In general.--The head of the Office shall be the
Competition Advocate, who shall--
(A) report directly to the Chairman; and
(B) be appointed by the Chairman, with the
concurrence of a majority of the Commission, including
at least 1 Commissioner who is not a member of the same
political party of the majority members of the
Commission, from among individuals having experience in
advocating for the promotion of competition.
(2) Compensation.--The annual rate of pay for the
Competition Advocate shall be equal to the highest rate of
annual pay for other senior executives who report to the
Chairman of the Commission.
(3) Limitation on service.--An individual who serves as the
Competition Advocate may not be employed by the Commission--
(A) during the 2-year period ending on the date of
appointment as Competition Advocate; or
(B) during the 5-year period beginning on the date
on which the person ceases to serve as the Competition
Advocate.
(d) Staff of Office.--The Competition Advocate, after consultation
with the Chairman of the Commission, may retain or employ independent
counsel, research staff, and service staff, as the Competition Advocate
determines is necessary to carry out the functions, powers, and duties
of the Office.
(e) Duties and Powers.--The Competition Advocate shall--
(1) recommend processes or procedures that will allow the
Federal Trade Commission and the Antitrust Division of the
Department of Justice to improve the ability of each agency to
solicit reports from consumers, small businesses, and employees
about possible anticompetitive practices or adverse effects of
concentration;
(2) recommend practices in certain industries that merit
antitrust investigation, but may not recommend practices in
certain industries that do not merit antitrust investigation or
are not anticompetitive;
(3) publicly provide recommendations to other Federal
agencies about administrative actions that may have
anticompetitive effects and the potential harm to consumers if
those actions are carried out;
(4) publish periodic reports on--
(A) market concentration and its impact on the
United States, local geographic areas, and different
demographic and socioeconomic groups; and
(B) the success of merger remedies required by the
Department of Justice or the Federal Trade Commission
in consent decrees;
(5) collect data regarding concentration levels across
industries and the impact and degree of antitrust enforcement;
and
(6) standardize the types and formats of data reported and
collected.
(f) Subpoena Authority.--
(1) In general.--The Competition Advocate may either
require the submission of or accept voluntary submissions of
periodic and other reports from any covered company for the
purpose of assessing market concentration and its impact on the
United States, local geographic areas, and different
demographic and socioeconomic groups and on the success of
merger enforcement.
(2) Written finding.--Before issuing a subpoena to collect
the information described in paragraph (1), the Competition
Advocate shall make a written finding that--
(A) the data is required to carry out the functions
of the Competition Advocate; and
(B) the information is not available from a public
source or another agency.
(3) Mitigation of report burden.--Before requiring the
submission of a report from any company required to make a
filing under section 7A of the Clayton Act (15 U.S.C. 18a), the
Competition Advocate shall--
(A) coordinate with other agencies or authority;
and
(B) whenever possible, rely on information
available from such agencies or authority.
(g) Data Center.--
(1) Establishment.--There is established within the Office
the Data Center.
(2) Duties.--The Data Center shall--
(A) collect, validate, and maintain data obtained
from agencies, as defined in section 551 of title 5,
United States Code, commercial data providers, publicly
available data sources, and any covered company; and
(B) prepare and publish, in a manner that is easily
accessible to the public--
(i) a concentration database;
(ii) a merger enforcement database;
(iii) any other database that the
Competition Advocate determines is necessary to
carry out the duties of the Office; and
(iv) the format and standards for Office
data, including standards for reporting
financial transaction and position data to the
Office.
(3) Regulations.--The Competition Advocate shall promulgate
regulations relating to the collection and standardizing of
data under paragraph (2).
(4) Confidentiality.--
(A) In general.--The Data Center may not disclose
any confidential data collected under paragraph (2).
(B) Requirements.--Data obtained from an agency
shall be subject to the same confidentiality
requirements and protection as the agency providing the
data.
(C) Information security.--The Competition Advocate
shall ensure that data collected and maintained by the
Data Center are kept secure and protected against
unauthorized disclosure. | Consolidation Prevention and Competition Promotion Act of 2017 This bill amends the Clayton Act to revise merger requirements. Specifically, the bill: prohibits a merger that materially (currently, substantially) lessens competition in more than a de minimis amount or tends to create a monopsony (a market situation in which there is only one buyer), shifts the burden of proof to the merging companies that their consolidation will not harm competition, requires companies that enter into a settlement agreement with the Federal Trade Commission (FTC) or Department of Justice regarding a merger to report information that allows the agencies to assess the competitive impact of the merger, and establishes the Office of the Competition Advocate within the FTC. | {"src": "billsum_train", "title": "Consolidation Prevention and Competition Promotion Act of 2017"} | 3,050 | 157 | 0.494246 | 1.618736 | 0.73051 | 2.198473 | 22.473282 | 0.854962 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Encouraging Americans to Save Act''.
SEC. 2. MATCHING PAYMENTS FOR ELECTIVE DEFERRAL AND IRA CONTRIBUTIONS
BY CERTAIN INDIVIDUALS.
(a) In General.--Subchapter B of chapter 65 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new section:
``SEC. 6433. MATCHING PAYMENTS FOR ELECTIVE DEFERRAL AND IRA
CONTRIBUTIONS BY CERTAIN INDIVIDUALS.
``(a) In General.--
``(1) Allowance of credit.--Any eligible individual who
makes qualified retirement savings contributions for the
taxable year shall be allowed a credit for such taxable year in
an amount equal to the applicable percentage of so much of the
qualified retirement savings contributions made by such
eligible individual for the taxable year as does not exceed
$1,000.
``(2) Payment of credit.--The credit under this section
shall be paid by the Secretary as a contribution (as soon as
practicable after the eligible individual has filed a tax
return for the taxable year) to the applicable retirement
vehicle of an eligible individual.
``(b) Applicable Percentage.--For purposes of this section--
``(1) In general.--Except as provided in paragraph (2), the
applicable percentage is 50 percent.
``(2) Phaseout.--The percentage under paragraph (1) shall
be reduced (but not below zero) by the number of percentage
points which bears the same ratio to 50 percentage points as--
``(A) the excess of--
``(i) the taxpayer's modified adjusted
gross income for such taxable year, over
``(ii) the applicable dollar amount, bears
to
``(B) the phaseout range.
If any reduction determined under this paragraph is not a whole
percentage point, such reduction shall be rounded to the next
lowest whole percentage point.
``(3) Applicable dollar amount; phaseout range.--
``(A) Joint returns.--Except as provided in
subparagraph (B)--
``(i) the applicable dollar amount is
$65,000, and
``(ii) the phaseout range is $20,000.
``(B) Other returns.--In the case of--
``(i) a head of a household (as defined in
section 2(b)), the applicable dollar amount and
the phaseout range shall be \3/4\ of the
amounts applicable under subparagraph (A) (as
adjusted under subsection (g)), and
``(ii) any taxpayer who is not filing a
joint return and who is not a head of a
household (as so defined), the applicable
dollar amount and the phaseout range shall be
\1/2\ of the amounts applicable under
subparagraph (A) (as so adjusted).
``(c) Eligible Individual.--For purposes of this section--
``(1) In general.--The term `eligible individual' means any
individual if such individual has attained the age of 18 as of
the close of the taxable year.
``(2) Dependents and full-time students not eligible.--The
term `eligible individual' shall not include--
``(A) any individual with respect to whom a
deduction under section 151 is allowed to another
taxpayer for a taxable year beginning in the calendar
year in which such individual's taxable year begins,
and
``(B) any individual who is a student (as defined
in section 152(f)(2)).
``(d) Qualified Retirement Savings Contributions.--For purposes of
this section--
``(1) In general.--The term `qualified retirement savings
contributions' means, with respect to any taxable year, the sum
of--
``(A) the amount of the qualified retirement
contributions (as defined in section 219(e)) made by
the eligible individual,
``(B) the amount of--
``(i) any elective deferrals (as defined in
section 402(g)(3)) of such individual, and
``(ii) any elective deferral of
compensation by such individual under an
eligible deferred compensation plan (as defined
in section 457(b)) of an eligible employer
described in section 457(e)(1)(A), and
``(C) the amount of voluntary employee
contributions by such individual to any qualified
retirement plan (as defined in section 4974(c)).
Such term shall not include any amount attributable to a
payment under subsection (a).
``(2) Reduction for certain distributions.--
``(A) In general.--The qualified retirement savings
contributions determined under paragraph (1) for a
taxable year shall be reduced (but not below zero) by
the aggregate distributions received by the individual
during the testing period from any entity of a type to
which contributions under paragraph (1) may be made.
``(B) Testing period.--For purposes of subparagraph
(A), the testing period, with respect to a taxable
year, is the period which includes--
``(i) such taxable year,
``(ii) the 2 preceding taxable years, and
``(iii) the period after such taxable year
and before the due date (including extensions)
for filing the return of tax for such taxable
year.
``(C) Excepted distributions.--There shall not be
taken into account under subparagraph (A)--
``(i) any distribution referred to in
section 72(p), 401(k)(8), 401(m)(6), 402(g)(2),
404(k), or 408(d)(4),
``(ii) any distribution to which section
408(d)(3) or 408A(d)(3) applies, and
``(iii) any portion of a distribution if
such portion is transferred or paid in a
rollover contribution (as defined in section
402(c), 403(a)(4), 403(b)(8), 408A(e), or
457(e)(16)) to an account or plan to which
qualified retirement contributions can be made.
``(D) Treatment of distributions received by spouse
of individual.--For purposes of determining
distributions received by an individual under
subparagraph (A) for any taxable year, any distribution
received by the spouse of such individual shall be
treated as received by such individual if such
individual and spouse file a joint return for such
taxable year and for the taxable year during which the
spouse receives the distribution.
``(e) Applicable Retirement Savings Vehicle.--
``(1) In general.--The term `applicable retirement savings
vehicle' means--
``(A) an account or plan elected by the eligible
individual under paragraph (2), or
``(B) if no such election is made, a myRA
established for the benefit of the eligible individual.
For purposes of subparagraph (B), if no myRA has previously
been established for the benefit of the individual, the
Secretary shall establish such an account for such individual
for purposes of contributions under this section.
``(2) Other retirement vehicles.--An eligible individual
may elect to have the amount determined under subsection (a)
contributed to an account or plan which--
``(A) is a Roth IRA or a designated Roth account
(within the meaning of section 402A) of an applicable
retirement plan (as defined in section 402A(e)(1)),
``(B) is for the benefit of the eligible
individual,
``(C) accepts contributions made under this
section, and
``(D) is designated by such individual (in such
form and manner as the Secretary may provide) on the
return of tax for the taxable year.
``(3) MyRA.--For purposes of paragraph (1), the term `MyRA'
means a Roth IRA which is established--
``(A) under the myRA program established under
regulations promulgated by the Secretary, and
``(B) by the individual for whose benefit the Roth
IRA was created or by the Secretary on behalf of such
individual.
``(f) Other Definitions and Special Rules.--
``(1) Modified adjusted gross income.--For purposes of this
section, the term `modified adjusted gross income' means
adjusted gross income--
``(A) determined without regard to sections 911,
931, and 933, and
``(B) determined without regard to any exclusion or
deduction allowed for any qualified retirement savings
contribution made during the taxable year.
``(2) Treatment of contributions.--In the case of any
contribution under subsection (a)(2)--
``(A) except as otherwise provided in this section
or by the Secretary under regulations, such
contribution shall be treated in the same manner as a
contribution made by the individual on whose behalf
such contribution was made,
``(B) such contribution shall not be treated as
income to the taxpayer, and
``(C) such contribution shall not be taken into
account with respect to any applicable limitation under
sections 402(g)(1), 403(b), 408(a)(1), 408(b)(2)(B),
408A(c)(2), 414(v)(2), 415(c), or 457(b)(2).
``(3) Treatment of qualified plans, etc.--A plan or
arrangement to which a contribution is made under this section
shall not be treated as violating any requirement under section
401, 403, 408, or 457 solely by reason of accepting such
contribution.
``(4) Erroneous credits.--If any contribution is
erroneously paid under subsection (a)(2), the amount of such
erroneous payment shall be treated as an underpayment of tax.
``(g) Inflation Adjustments.--
``(1) In general.--In the case of any taxable year
beginning in a calendar year after 2017, each of the dollar
amounts in subsections (a)(2) and (b)(3)(A)(i) shall be
increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 2016' for `calendar year 1992' in
subparagraph (B) thereof.
``(2) Rounding.--Any increase determined under paragraph
(1) shall be rounded to the nearest multiple of--
``(A) $100 in the case of an adjustment of the
amount in subsection (a)(2), and
``(B) $1,000 in the case of an adjustment of the
amount in subsection (b)(3)(A)(i).''.
(b) Promotion and Guidance.--
(1) Promotion.--The Secretary of the Treasury (or the
Secretary's delegate) shall educate taxpayers on the benefits
provided under section 6433 of the Internal Revenue Code of
1986.
(2) Guidance.--Not later than December 31, 2017, the
Secretary of the Treasury (or the Secretary's delegate) shall
issue guidance on the implementation and administration of the
amendments made by this section.
(c) Payment Authority.--Section 1324(b)(2) of title 31, United
States Code, is amended by striking ``or 6431'' and inserting ``6431,
or 6433''.
(d) Deficiencies.--Section 6211(b)(4) is amended by striking ``and
6431'' and inserting ``6431, and 6433''.
(e) Conforming Amendments.--
(1) Section 25B of the Internal Revenue Code of 1986 is
amended by striking subsections (a) through (f) and inserting
the following:
``For payment of credit related to qualified retirement savings
contributions, see section 6433.''.
(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. Matching payments for elective deferral and IRA
contributions by certain individuals.''.
(f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2016. | Encouraging Americans to Save Act This bill amends the Internal Revenue Code to expand the tax credit for retirement savings contributions to: (1) make such credit refundable; (2) allow individual taxpayers (excluding dependents and full-time students) who have attained age 18 as of the close of the taxable year a credit for 50% of their retirement savings contributions up to $1,000; (3) increase the maximum income threshold for determining eligibility for the credit; and (4) allow direct deposit of credit amounts into the taxpayer's retirement savings vehicle (e.g., MyRA or Roth IRA account). The Department of the Treasury shall educate taxpayers on the benefits of the credit for retirement savings contributions. | {"src": "billsum_train", "title": "Encouraging Americans to Save Act"} | 2,769 | 144 | 0.496337 | 1.194765 | 0.710196 | 2.343066 | 17.627737 | 0.854015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Anti-Corruption Act of
1997''.
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 1997 - Directs the President to certify annually to certain congressional committees as to whether each country receiving foreign assistance under the Foreign Assistance Act of 1961 is: (1) conducive to United States business; (2) not conducive to United States business; or (3) hostile to United States business. Prescribes foreign assistance limitations for countries hostile or not conducive to United States 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": "International Anti-Corruption Act of 1997"} | 1,294 | 186 | 0.643506 | 1.922954 | 0.881374 | 3.75 | 6.983333 | 0.905556 |
SECTION 1. QUALIFIED TAX COLLECTION CONTRACTS.
(a) Contract Requirements.--
(1) In general.--Subchapter A of chapter 64 of the Internal
Revenue Code of 1986 (relating to collection) is amended by
adding at the end the following new section:
``SEC. 6306. QUALIFIED TAX COLLECTION CONTRACTS.
``(a) In General.--Nothing in any provision of law shall be
construed to prevent the Secretary from entering into a qualified tax
collection contract.
``(b) Qualified Tax Collection Contract.--For purposes of this
section, the term `qualified tax collection contract' means any
contract which--
``(1) is for the services of any person (other than an
officer or employee of the Treasury Department) to locate and
contact any taxpayer specified by the Secretary, to request
payment from such taxpayer of an amount of Federal tax
specified by the Secretary, and to obtain financial information
specified by the Secretary with respect to such taxpayer, and
``(2) prohibits each person providing such services under
such contract from committing any act or omission which
employees of the Internal Revenue Service are prohibited from
committing in the performance of similar services.
``(c) Fees.--The Secretary may retain and use an amount not in
excess of 25 percent of the amount collected under any qualified tax
collection contract for the costs of services performed under such
contract. The Secretary shall keep adequate records regarding amounts
so retained and used. The amount credited as paid by any taxpayer shall
be determined without regard to this subsection.
``(d) No Federal Liability.--The United States shall not be liable
for any act or omission of any person performing services under a
qualified tax collection contract.
``(e) Cross References.--
``(1) For damages for certain unauthorized collection
actions by persons performing services under a qualified tax
collection contract, see section 7433A.
``(2) For application of Taxpayer Assistance Orders to
persons performing services under a qualified tax collection
contract, see section 7811(a)(4).''.
(2) Conforming amendments.--
(A) Section 7809(a) is amended by inserting
``6306,'' before ``7651''.
(B) The table of sections for subchapter A of
chapter 64 of such Code is amended by adding at the end
the following new item:
``Sec. 6306. Qualified Tax Collection
Contracts.''
(b) Civil Damages for Certain Unauthorized Collection Actions by
Persons Performing Services Under Qualified Tax Collection Contracts.--
(1) In general.--Subchapter B of chapter 76 of such Code
(relating to proceedings by taxpayers and third parties) is
amended by inserting after section 7433 the following new
section:
``SEC. 7433A. CIVIL DAMAGES FOR CERTAIN UNAUTHORIZED COLLECTION ACTIONS
BY PERSONS PERFORMING SERVICES UNDER QUALIFIED TAX
COLLECTION CONTRACTS.
``(a) In General.--Subject to the modifications provided by
subsection (b), section 7433 shall apply to the acts and omissions of
any person performing services under a qualified tax collection
contract (as defined in section 6306(b)) to the same extent and in the
same manner as if such person were an employee of the Internal Revenue
Service.
``(b) Modifications.--For purposes of subsection (a)--
``(1) Any civil action brought under section 7433 by reason
of this section shall be brought against the person who entered
into the qualified tax collection contract with the Secretary
and shall not be brought against the United States.
``(2) Such person and not the United States shall be liable
for any damages and costs determined in such civil action.
``(3) Such civil action shall not be an exclusive remedy
with respect to such person.
``(4) Subsections (c) and (d)(1) of section 7433 shall not
apply.''.
(2) Clerical amendment.--The table of sections for
subchapter B of chapter 76 of such Code is amended by inserting
after the item relating to section 7433 the following new item:
``Sec. 7433A. Civil damages for certain
unauthorized collection actions
by persons performing services
under a qualified tax
collection contract.''.
(c) Application of Taxpayer Assistance Orders to Persons Performing
Services Under a Qualified Tax Collection Contract.--Section 7811 of
such Code (relating to taxpayer assistance orders) is amended by adding
at the end the following new subsection:
``(g) Application to Persons Performing Services Under a Qualified
Tax Collection Contract.--Any order issued or action taken by the
National Taxpayer Advocate pursuant to this section shall apply to
persons performing services under a qualified tax collection contract
(as defined in section 6306(b)) to the same extent and in the same
manner as such order or action applies to the Secretary.''.
(d) Ineligibility of Individuals who Commit Misconduct to Perform
Under Contract.--Section 1203 of the Internal Revenue Service
Restructuring Act of 1998 (relating to termination of employment for
misconduct) is amended by adding at the end the following new
subsection:
``(e) Individuals Performing Services Under a Qualified Tax
Collection Contract.-- An individual shall cease to be permitted to
perform any services under any qualified tax collection contract (as
defined in section 6306(b) of the Internal Revenue Code of 1986) if
there is a final determination by the Secretary of the Treasury under
such contract that such individual committed any act or omission
described under subsection (b) in connection with the performance of
such services.''.
(e) Effective Date.--The amendments made to this section shall take
effect on the date of the enactment of this Act. | Amends the Internal Revenue Code to allow for the performance of tax collection services by contractors. Permits the IRS to retain up to 25 percent of the amount collected for the costs of a contractor's services, but credits the taxpayer as having paid taxes without regard to such fee. Exempts the United States of liability for any act or omission of a contractor. Permits a civil action against a contractor for unauthorized collection activities. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide for the performance of certain tax collection services by contractors."} | 1,329 | 97 | 0.584147 | 1.383273 | 1.096868 | 2.0875 | 14.2125 | 0.7625 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Armed Forces Suicide Prevention Act
of 2011''.
SEC. 2. ENHANCEMENT OF SUICIDE PREVENTION PROGRAM OF THE DEPARTMENT OF
DEFENSE.
(a) Enhancement.--The Secretary of Defense shall take appropriate
actions to enhance the suicide prevention program of the Department of
Defense through the provision of suicide prevention information and
resources to members of the Armed Forces from their initial enlistment
or appointment through their final retirement or separation.
(b) Cooperative Effort.--The Secretary of Defense shall develop
suicide prevention information and resources in consultation with--
(1) the Secretary of Veterans Affairs, the National
Institute of Mental Health, and the Substance Abuse and Mental
Health Services Administration of the Department of Health and
Human Services; and
(2) to the extent appropriate, institutions of higher
education and other public and private entities, including
international entities, with expertise regarding suicide
prevention.
SEC. 3. SUICIDE PREVENTION TRAINING COMPONENT DURING RECRUIT BASIC
TRAINING.
(a) Army.--
(1) Training required.--Chapter 401 of title 10, United
States Code, is amended by inserting after section 4320 the
following new section:
``Sec. 4320a. Recruit basic training: availability of suicide
prevention resources
``(a) Availability.--As part of the initial entry training program
of the Army that constitutes the basic training of new recruits, the
Secretary of the Army shall include a training component on suicide
prevention.
``(b) Elements.--The suicide prevention training component shall
include the following:
``(1) Methods for recognizing risk factors for suicide.
``(2) Protocols for responding to crisis situations
involving members who may be at high risk for suicide.
``(3) Information about suicide prevention services
available to members, including toll-free hotlines and Internet
resources.
``(4) Information on best practices for suicide
prevention.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 4320 the following new item:
``4320a. Recruit basic training: availability of suicide prevention
resources.''.
(b) Navy and Marine Corps.--
(1) Training required.--Chapter 602 of such title is
amended by adding at the end the following new section:
``Sec. 6933. Recruit basic training: availability of suicide prevention
resources
``(a) Availability.--As part of the initial entry training program
of the Navy and the Marine Corps that constitutes the basic training of
new recruits, the Secretary of the Navy shall include a training
component on suicide prevention.
``(b) Elements.--The suicide prevention training component shall
include the following:
``(1) Methods for recognizing risk factors for suicide.
``(2) Protocols for responding to crisis situations
involving members who may be at high risk for suicide.
``(3) Information about suicide prevention services
available to members, including toll-free hotlines and Internet
resources.
``(4) Information on best practices for suicide
prevention.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``602. Recruit basic training: availability of suicide prevention
resources.''.
(c) Air Force.--
(1) Training required.--Chapter 901 of such title is
amended by inserting after section 9320 the following new
section:
``Sec. 9320a. Recruit basic training: availability of suicide
prevention resources
``(a) Availability.--As part of the initial entry training program
of the Air Force that constitutes the basic training of new recruits,
the Secretary of the Air Force shall include a training component on
suicide prevention.
``(b) Elements.--The suicide prevention training component shall
include the following:
``(1) Methods for recognizing risk factors for suicide.
``(2) Protocols for responding to crisis situations
involving members who may be at high risk for suicide.
``(3) Information about suicide prevention services
available to members, including toll-free hotlines and Internet
resources.
``(4) Information on best practices for suicide
prevention.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 4320 the following new item:
``4320a. Recruit basic training: availability of suicide prevention
resources.''.
SEC. 4. NOTICE OF AVAILABILITY OF AND ACCESS TO SUICIDE PREVENTION
RESOURCES DURING PRESEPARATION COUNSELING.
Section 1142(b)(8) of title 10, United States Code, is amended by
inserting before the period the following: ``and the availability to
the member and the member's family of the suicide prevention resources
described in section 1177(d) of this title''.
SEC. 5. NOTICE OF AVAILABILITY OF AND ACCESS TO SUICIDE PREVENTION
RESOURCES DURING MEDICAL EXAMINATION TO EVALUATE A
DIAGNOSIS OF POST-TRAUMATIC STRESS DISORDER OR TRAUMATIC
BRAIN INJURY.
Section 1177 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(d) Availability of Suicide Prevention Resources.--(1) The
medical examination required by subsection (a) shall include the
provision of information to the member regarding the availability of
the suicide prevention resources described in paragraph (2) and the
right of the member to access such resources.
``(2) The suicide prevention resources available under paragraph
(1) shall include the following:
``(A) Methods for recognizing risk factors for suicide.
``(B) Protocols for responding to crisis situations
involving members who may be at high risk for suicide.
``(C) Information about suicide prevention services
available to members, including toll-free hotlines and Internet
resources.
``(D) Information on best practices for suicide
prevention.''. | Armed Forces Suicide Prevention Act of 2011 - Directs the Secretary of Defense to enhance the suicide prevention program of the Department of Defense (DOD) through the provision of suicide prevention information and resources to members of the Armed Forces from their initial enlistment or appointment through their final retirement or separation.
Requires the Secretary of each military department (Secretary concerned) to include a training component on suicide prevention, which shall include: (1) methods for recognizing suicide risk factors; (2) protocols for responding to crisis situations involving members who may be at high risk for suicide; and (3) information about available suicide prevention services and best practices for suicide prevention.
Directs the Secretary concerned to notify members of the the availability of and access to suicide prevention services during their preseparation counseling.
Requires medical evaluations for the diagnosis of post-traumatic stress disorder or traumatic brain injury in members who were deployed overseas in support of a contingency operation to also include the provision of information on the availability of suicide prevention services and the member's right of access to such services. | {"src": "billsum_train", "title": "To amend title 10, United States Code, to enhance the suicide prevention program of the Department of Defense by specifically requiring suicide prevention training during recruit basic training, preseparation counseling, and mental health assessments."} | 1,357 | 229 | 0.685755 | 1.716179 | 0.944176 | 4.75122 | 5.970732 | 0.907317 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Financial Crimes Accountability Act
of 2008''.
SEC. 2. PURPOSE.
The purpose of this Act is to--
(1) strengthen the efforts of the Department of Justice and
Federal, State, and local agencies to investigate and prosecute
significant financial crimes;
(2) recover the proceeds of such crimes; and
(3) ensure just and effective punishment of those who
perpetrate financial crimes.
SEC. 3. ESTABLISHMENT.
(a) In General.--The Attorney General shall establish within the
Department of Justice a Special Joint Task Force on Financial Crimes
(referred to in this Act as the ``Task Force'') whose focus shall be
the investigation and prosecution of fraud, misrepresentation,
malfeasance, or related crimes with respect to development,
advertising, brokerage, or sale of financial products including
derivatives, mortgage-backed securities, credit default swaps, and
subprime loans, or related services committed by public or private
commercial entities and directors, officers, professional advisers, and
employees thereof (referred to in this Act as ``financial crimes'').
(b) Authority.--The Task Force shall be subject to the authority of
the Attorney General under applicable law.
SEC. 4. MEMBERSHIP AND OPERATION.
(a) In General.--Subject to section 6, the Task Force shall have
the following members:
(1) The Deputy Attorney General, who shall serve as Chair.
(2) The Assistant Attorney General (Criminal Division).
(3) The Assistant Attorney General (Tax Division).
(4) The Director of the Federal Bureau of Investigation.
(5) The United States Attorney for the Southern District of
New York.
(6) The United States Attorney for the Eastern District of
New York.
(7) Such other United States Attorneys as the Attorney
General may from time to time designate.
(8) Such other officers or employees of the Department of
Justice as the Attorney General may from time to time
designate.
(b) Operation.--The Deputy Attorney General--
(1) shall convene and direct the work of the Task Force in
fulfilling all its functions under this Act;
(2) may permit, when he deems it appropriate, the designee
of a member of the Task Force, including those designated under
section 6, to participate in lieu of the member; and
(3) shall convene the first meeting of the Task Force not
later than 10 days after the date of enactment of this Act and
shall thereafter convene the Task Force at such times as he or
she deems appropriate, but not less than once per month.
SEC. 5. FUNCTIONS.
Consistent with the constitutional authority of the President, the
authorities assigned to the Attorney General by law, and other
applicable law, the Task Force shall--
(1) provide direction for the investigation and prosecution
of cases of financial crimes when such cases are determined by
the Deputy Attorney General, for purposes of this Act, to be
significant;
(2) provide recommendations to the Attorney General for
allocation and reallocation of resources of the Department of
Justice for investigation and prosecution of significant
financial crimes, recovery of proceeds from such crimes to the
extent permitted by law, and other matters determined by the
Task Force from time to time to be of the highest priority in
the investigation and prosecution of such crimes; and
(3) make recommendations to the President, through the
Attorney General, from time to time for--
(A) action to enhance cooperation among
departments, agencies, and entities of the Federal
Government in the investigation and prosecution of
significant financial crimes;
(B) action to enhance cooperation among Federal,
State, and local authorities responsible for the
investigation and prosecution of significant financial
crimes;
(C) changes in rules, regulations, or policy to
improve the effective investigation and prosecution of
significant financial crimes; and
(D) recommendations to the Congress regarding such
measures as the President may judge necessary and
expedient relating to significant financial crimes, or
the investigation or prosecution thereof.
SEC. 6. ADDITIONAL PARTICIPATION FOR SPECIFIED FUNCTIONS.
In the Task Force's performance of the functions set forth in
section 5, and to the extent permitted by law, the following officers
of the executive branch shall be members of the Task Force in addition
to such other officers of the Federal Government as the Deputy Attorney
General deems appropriate:
(1) The Secretary of the Treasury.
(2) The Chairman of the Securities and Exchange Commission.
(3) The Inspectors General from relevant agencies and
departments.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act. | Financial Crimes Accountability Act of 2008 - Directs the Attorney General to establish within the Department of Justice (DOJ) a Special Joint Task Force on Financial Crimes to: (1) provide direction for the investigation and prosecution of financial crimes (i.e., fraud, misrepresentation, or malfeasance involving financial products); and (2) make recommendations to the Attorney General and the President on allocating resources and coordinating governmental efforts to investigate and prosecute financial crimes. | {"src": "billsum_train", "title": "A bill to establish a Special Joint Task Force on Financial Crimes."} | 992 | 104 | 0.60598 | 1.6092 | 1.191931 | 3.741176 | 11.588235 | 0.917647 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hate Crimes Prevention Act of
1997''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the incidence of violence motivated by the actual or
perceived race, color, national origin, religion, sexual
orientation, gender, or disability of the victim poses a
serious national problem;
(2) such violence disrupts the tranquility and safety of
communities and is deeply divisive;
(3) existing Federal law is inadequate to address this
problem;
(4) such violence affects interstate commerce in many ways,
including--
(A) by impeding the movement of members of targeted
groups and forcing such members to move across State
lines to escape the incidence or risk of such violence;
and
(B) by preventing members of targeted groups from
purchasing goods and services, obtaining or sustaining
employment or participating in other commercial
activity;
(5) perpetrators cross State lines to commit such violence;
(6) instrumentalities of interstate commerce are used to
facilitate the commission of such violence;
(7) such violence is committed using articles that have
traveled in interstate commerce;
(8) violence motivated by bias that is a relic of slavery
can constitute badges and incidents of slavery;
(9) although many local jurisdictions have attempted to
respond to the challenges posed by such violence, the problem
is sufficiently serious, widespread, and interstate in scope to
warrant Federal intervention to assist such jurisdictions; and
(10) many States have no laws addressing violence based on
the actual or perceived race, color, national origin, religion,
sexual orientation, gender, or disability, of the victim, while
other States have laws that provide only limited protection.
SEC. 3. DEFINITION OF HATE CRIME.
In this Act, the term ``hate crime'' has the same meaning as in
section 280003(a) of the Violent Crime Control and Law Enforcement Act
of 1994 (28 U.S.C. 994 note).
SEC. 4. PROHIBITION OF CERTAIN ACTS OF VIOLENCE.
Section 245 of title 18, United States Code, is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following:
``(c)(1) Whoever, whether or not acting under color of law,
willfully causes bodily injury to any person or, through the use of
fire, a firearm, or an explosive device, attempts to cause bodily
injury to any person, because of the actual or perceived race, color,
religion, or national origin of any person--
``(A) shall be imprisoned not more than 10 years, or fined
in accordance with this title, or both; and
``(B) shall be imprisoned for any term of years or for
life, or fined in accordance with this title, or both if--
``(i) death results from the acts committed in
violation of this paragraph; or
``(ii) the acts omitted in violation of this
paragraph include kidnapping or an attempt to kidnap,
aggravated sexual abuse or an attempt to commit
aggravated sexual abuse, or an attempt to kill.
``(2)(A) Whoever, whether or not acting under color of law, in any
circumstance described in subparagraph (B), willfully causes bodily
injury to any person or, through the use of fire, a firearm, or an
explosive device, attempts to cause bodily injury to any person,
because of the actual or perceived religion, gender, sexual
orientation, or disability of any person--
``(i) shall be imprisoned not more than 10 years, or fined
in accordance with this title, or both; and
``(ii) shall be imprisoned for any term of years or for
life, or fined in accordance with this title, or both, if--
``(I) death results from the acts committed in
violation of this paragraph; or
``(II) the acts committed in violation of this
paragraph include kidnapping or an attempt to kidnap,
aggravated sexual abuse or an attempt to commit
aggravated sexual abuse, or an attempt to kill.
``(B) For purposes of subparagraph (A), the circumstances described
in this subparagraph are that--
``(i) in connection with the offense, the defendant or the
victim travels in interstate or foreign commerce, uses a
facility or instrumentality of interstate or foreign commerce,
or engages in any activity affecting interstate or foreign
commerce; or
``(ii) the offense is in or affects interstate or foreign
commerce.''.
SEC. 5. DUTIES OF FEDERAL SENTENCING COMMISSION.
(a) Amendment of Federal Sentencing Guidelines.--Pursuant to its
authority under section 994 of title 28, United States Code, the United
States Sentencing Commission shall study the issue of adult recruitment
of juveniles to commit hate crimes and shall, if appropriate, amend the
Federal sentencing guidelines to provide sentencing enhancements (in
addition to the sentencing enhancement provided for the use of a minor
during the commission of an offense) for adult defendants who recruit
juveniles to assist in the commission of hate crimes.
(b) Consistency With Other Guidelines.--In carrying out this
section, the United States Sentencing Commission shall--
(1) ensure that there is reasonable consistency with other
Federal sentencing guidelines; and
(2) avoid duplicative punishments for substantially the
same offense.
SEC. 6. GRANT PROGRAM.
(a) Authority To Make Grants.--The Administrator of the Office of
Juvenile Justice and Delinquency Prevention of the Department of
Justice shall make grants, in accordance with such regulations as the
Attorney General may prescribe, to State and local programs designed to
combat hate crimes committed by juveniles.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 7. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST STATE AND
LOCAL LAW ENFORCEMENT.
There are authorized to be appropriated to the Department of the
Treasury and the Department of Justice, including the Community
Relations Service, for fiscal years 1998, 1999, and 2000 such sums as
are necessary to increase the number of personnel to prevent and
respond to alleged violations of section 245 of title 18, United States
Code (as amended by this Act).
SEC. 8. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this Act,
the amendments made by this Act, and the application of the provisions
of such to any person or circumstance shall not be affected thereby. | Hate Crimes Prevention Act of 1997 - Amends the Federal criminal code to set penalties for persons who, whether or not acting under color of law, willfully cause bodily injury to any person or, through the use of fire, firearm, or explosive device, attempt to cause such injury, because of the actual or perceived: (1) race, color, religion, or national origin of any person; and (2) religion, gender, sexual orientation, or disability of any person, where in connection with the offense, the defendant or the victim travels in interstate or foreign commerce, uses a facility or instrumentality of interstate or foreign commerce, or engages in any activity affecting interstate or foreign commerce, or where the offense is in or affects interstate or foreign commerce.
(Sec. 5) Directs the United States Sentencing Commission to study the issue of adult recruitment of juveniles to commit hate crimes and, if appropriate, amend the Federal sentencing guidelines to provide sentencing enhancements for adult defendants who recruit juveniles to assist in the commission of hate crimes.
(Sec. 6) Requires the Administrator of the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice (DOJ) to make grants to State and local programs designed to combat hate crimes committed by juveniles. Authorizes appropriations.
(Sec. 7) Authorizes appropriations to the Department of the Treasury and to DOJ to increase the number of personnel to prevent and respond to alleged violations of provisions regarding interference with specified federally protected activities, such as voting. | {"src": "billsum_train", "title": "Hate Crimes Prevention Act of 1997"} | 1,518 | 343 | 0.593261 | 1.842724 | 0.717144 | 5.530612 | 4.734694 | 0.918367 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Discoveries and American
Jobs Commission Act of 2011'' or the ``Herb Vederman Commission on
American Discoveries and American Jobs Act of 2011''.
SEC. 2. ESTABLISHMENT.
There is established a commission to be known as the ``Commission
on American Discoveries and American Jobs'' (in this Act referred to as
the ``Commission'').
SEC. 3. FINDINGS.
Congress finds the following:
(1) The Federal Government is estimated to have spent
$147,400,000,000 in fiscal year 2010 on research and
development (not including funds allocated under the American
Recovery and Reinvestment Act (Public Law 111-5)) to meet the
mission requirements of the Federal departments and agencies.
(2) Federal Government research and development has led to
new products and processes for the commercial marketplace,
including antibiotics, plastics, airplanes, computers,
microwaves, and bioengineered drugs.
(3) There are many other technologies and techniques
generated in the Federal laboratory system that could have
market value if further developed by the industrial community,
and the knowledge base created by the research and development
activities of such system can serve as a foundation for
additional commercially relevant efforts in the private sector.
(4) Technological progress is responsible for up to half
the growth of the United States economy and is the principal
driving force behind long-term economic growth and increases in
our standard of living.
(5) It is only through commercialization, a function of the
business sector, that a significant stimulus to economic growth
occurs. Thus, there is congressional interest in accelerating
development and commercialization activities in the private
sector through legislation.
(6) Royalties derived from intellectual property rights
provide the academic community a way to support further
research and the business sector a means to obtain a return on
their financial contributions to such research.
SEC. 4. DUTIES OF COMMISSION.
(a) Study.--The Commission shall conduct a study to examine--
(1) the state of technology transfer from federally funded
research to the private sector;
(2) the possibilities for the Federal Government to collect
royalties from early research that leads to the
commercialization of a profitable product or technology;
(3) the potential adverse consequences of such royalties on
technology transfer, commercialization, and economic growth;
and
(4) the potential benefits of reinvesting revenues from
Federal royalties into science, technology, engineering, and
math education, and seeding future federally funded research;
(b) Report.--Not later than one year after the first meeting of the
Commission, the Commission shall submit to Congress a written report of
the results of the study conducted under subsection (a) and
recommendations of regulatory and statutory changes that would enable
the Federal Government to--
(1) claim royalties from the investment of the Federal
Government in early research;
(2) reinvest such royalties in science, technology,
engineering, and math education and future Federal research;
(3) ensure products resulting from Federal research are
manufactured in the United States; and
(4) affix a symbol, marker, or insignia on commercialized
products to show that they had originated from federally
supported research.
SEC. 5. STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.
(a) Staff.--The Commission may, without regard to section 5311(b)
of title 5, United States Code, appoint and fix the compensation of
such personnel as the Commission considers appropriate.
(b) Applicability of Certain Civil Service Laws.--The staff of the
Commission may be appointed without regard to the provisions of title
5, United States Code, governing appointments in the competitive
service, and without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to classification
and General Schedule pay rates, except that the compensation of any
employee of the Commission may not exceed a rate equal to the annual
rate of basic pay payable for GS-15 of the General Schedule under
section 5332 of title 5, United States Code.
(c) Experts and Consultants.--The Commission may procure temporary
and intermittent services of experts and consultants under section
3109(b) of title 5, United States Code, but at rates for individuals
not to exceed the daily equivalent of the maximum annual rate of basic
pay under section 5332 of such title.
SEC. 6. MEMBERSHIP.
(a) Number and Appointment.--
(1) Appointment.--The Commission shall be composed of nine
members appointed, not later than 90 days after the date of
enactment of this Act, as follows:
(A) Three members shall be appointed by the
President.
(B) Two members shall be appointed by the Speaker
of the House of Representatives.
(C) One member shall be appointed by the minority
leader of the House of Representatives.
(D) Two members shall be appointed by the President
pro tempore of the Senate.
(E) One member shall be appointed by the minority
leader of the Senate.
(2) Qualifications.--All members of the Commission shall be
persons who are especially qualified to serve on the Commission
by virtue of their education, training, or experience,
particularly in the fields of scientific research and
commercialization.
(b) Terms.--Each member shall be appointed for the life of the
Commission.
(c) Vacancies.--A vacancy in the Commission shall not affect the
powers of the Commission and shall be filled in the same manner in
which the original appointment was made.
(d) Compensation.--Members of the Commission shall be awarded
compensation as follows:
(1) Rates of pay.--Except as provided in paragraph (2),
members shall each be paid at a rate equal to the daily
equivalent of the annual rate of basic pay for grade GS-15 of
the General Schedule for each day (including travel time)
during which they are engaged in the actual performance of
duties vested in the Commission.
(2) Prohibition of compensation of federal employees.--
Members of the Commission who are full-time officers or
employees of the United States or Members of Congress may not
receive additional pay, allowances, or benefits by reason of
their service on the Commission.
(3) Travel expenses.--Each member shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter I of
chapter 57 of title 5, United States Code.
(e) Quorum.--Four members of the Commission shall constitute a
quorum but a lesser number may hold hearings.
(f) Chair; Vice Chair.--The Commission shall elect a Chair and Vice
Chair from among its members. The term of office of the Chair and Vice
Chair shall be for the life of the Commission.
(g) Meetings.--The Commission shall meet at the call of the
President not later than 120 days after the date of the enactment of
this Act or not later than 30 days after the date on which legislation
is enacted making appropriations available to carry out this Act,
whichever date is later.
SEC. 7. POWERS OF COMMISSION.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence relating to any matter under
investigation by the Commission. The Commission may refer requests for
testimony or evidence that are not fulfilled to the Committee on
Oversight and Government Reform of the House of Representatives or the
Committee on Homeland Security and Governmental Affairs of the Senate.
(b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action which
the Commission is authorized to take by this section.
(c) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information
necessary to enable it to carry out this Act. Upon request of the Chair
or Vice Chair of the Commission, the head of that department or agency
shall furnish that information to the Commission.
(d) Administrative Support Services.--The Commission may enter into
agreements with the Administrator of General Services for procurement
of financial and administrative services necessary for the discharge of
the duties of the Commission. Payment for such services shall be made
by reimbursement from funds of the Commission in such amounts as may be
agreed upon by the Chair of the Commission and the Administrator.
(e) Contract Authority.--To the extent or in the amounts provided
in advance in appropriation Acts, the Commission may contract with and
compensate government and private agencies or persons for supplies,
services, and property.
SEC. 8. TERMINATION.
The Commission shall terminate on the date that is 90 days after
the date on which the Commission submits the report required under
section 4(b).
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $2,500,000 to carry out this
Act. | American Discoveries and American Jobs Commission Act of 2011 or Herb Vederman Commission on American Discoveries and American Jobs Act of 2011 - Establishes the Commission on American Discoveries and American Jobs to study: (1) the state of technology transfer from federally funded research to the private sector; (2) the possibilities for the federal government to collect royalties from early research that leads to the commercialization of a profitable product or technology; (3) the potential adverse consequences of such royalties on technology transfer, commercialization, and economic growth; and (4) the potential benefits of reinvesting revenues from federal royalties into science, technology, engineering, and math (STEM) education and seeding future federally funded research.
Requires submission to Congress of recommendations of specified regulatory and statutory changes. | {"src": "billsum_train", "title": "To establish the Commission on American Discoveries and American Jobs to study and recommend improvements to the federal funding of research."} | 1,918 | 165 | 0.661978 | 2.001392 | 0.851793 | 7.10274 | 12.40411 | 0.965753 |
SECTION 1. FINDINGS.
Congress makes the following findings:
(1) Since 1935, the United States has owned a parcel of
land in Riverside, California, consisting of approximately 9.5
acres, as more specifically described in section 2(a) (in this
section referred to as the ``property'').
(2) The property is administered by the Department of
Agriculture and has been variously utilized for research and
plant materials purposes.
(3) Since 1998, the property has been administered by the
Natural Resources Conservation Service.
(4) Since 2002, the property has been co-managed under a
cooperative agreement between the Natural Resources
Conservation Service and the Riverside Corona Resource
Conservation District, which is a legal subdivision of the
State of California under section 9003 of the California Public
Resources Code.
(5) Since 2002, the Conservation District has incurred
substantial costs in excess of $3.2 million in the operation
and maintenance of the property, and the Natural Resources
Conservation Service and the Conservation District recognize
that hundreds of thousands of dollars still need to be expended
to update utilities and other infrastructure on the property.
(6) The Conservation District wishes to acquire the
property and use it for conservation, environmental, and
related educational purposes.
(7) As provided in this Act, the conveyance of the property
to the Conservation District would promote the Conservation
District's conservation education and related purposes and
result in savings to the Federal Government.
SEC. 2. LAND CONVEYANCE, NATURAL RESOURCES CONSERVATION SERVICE
PROPERTY, RIVERSIDE COUNTY, CALIFORNIA.
(a) Conveyance Authorized.--The Secretary of Agriculture shall
convey and quitclaim to the Riverside Corona Resource Conservation
District (in this section referred to as the ``Conservation District'')
all right, title, and interest of the United States in and to a parcel
of real property, including improvements thereon, that is located at
4500 Glenwood Drive in Riverside, California, consists of approximately
9.5 acres, and is administered by the Natural Resources Conservation
Service of the Department of Agriculture. As necessary or desirable for
the conveyance under this subsection, the Secretary or the Conservation
District may survey all or portions of the property to be conveyed.
(b) Consideration.--
(1) Appraised market value.--As consideration for the
conveyance of the property under subsection (a), the
Conservation District shall pay to the Secretary an amount
equal to the appraised market value of the land under the
hypothetical condition as unimproved land, excluding all
improvements to the land other than normal utility connections
such as sewer and water taps.
(2) Deposit and use of consideration.--The amounts received
as consideration under paragraph (1) shall be credited to the
applicable appropriation of the Natural Resources Conservation
Service for conservation operations in California and shall
remain available, without further appropriation, until expended
as the Secretary may direct.
(c) Prohibition on Reservation of Interest.--The Secretary shall
not reserve any future interest in the property to be conveyed under
subsection (a), except that which may be acceptable to the Conservation
District.
(d) Hazardous Substances.--Notwithstanding section 120(h) of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9620(h)) or the Solid Waste Disposal Act (42 U.S.C.
6901 et seq.), in the conveyance of the property under subsection (a),
the Secretary shall be only required to meet the disclosure
requirements for hazardous substances, pollutants, or contaminants, but
shall otherwise not be required to remediate or abate any such releases
of hazardous substances, pollutants, or contaminants, including
petroleum and petroleum derivatives.
(e) Cooperative Authority.--
(1) Leases, contracts, and cooperative agreements
authorized.--In conjunction with, or in addition to, the
conveyance under subsection (a), the Secretary may enter into
leases, contracts and cooperative agreements with the
Conservation District.
(2) Sole source.--Notwithstanding title III of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C. 251
et seq.) or any other provision of law, the Secretary may lease
real property from the Conservation District on a
noncompetitive basis.
(3) Non-exclusive authority.--The authority provided by
this subsection is in addition to any other authority of the
Secretary.
(f) Additional Terms and Conditions.--The Secretary may require
such reasonable terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States, except that the conveyance does not
require further administrative or environmental analyses or
examination. | Directs the Secretary of Agriculture (USDA) to convey and quitclaim all interest of the United States in and to a parcel of real property, including improvements, located at 4500 Glenwood Drive in Riverside, California, and administered by the Natural Resources Conservation Service, to the Riverside Corona Conservation District.
Requires the Conservation District to pay to the Secretary the appraised market value of the land as unimproved land, excluding all improvements other than normal utility connections such as sewer and water taps.
Prohibits reservation by the Secretary of any future interest in the property to be conveyed, except that which may be acceptable to the Conservation District.
Requires the Secretary, notwithstanding the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) or the Solid Waste Disposal Act, in conveying the property, to only meet the disclosure requirements for hazardous substances, pollutants, or contaminants, without otherwise being required to remediate or abate any such releases, including petroleum and petroleum derivatives. | {"src": "billsum_train", "title": "To provide for the conveyance of a small parcel of Natural Resources Conservation Service property in Riverside, California, and for other purposes."} | 995 | 218 | 0.552507 | 1.87539 | 0.968354 | 5.575269 | 5.005376 | 0.951613 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Disaster Area Health and
Environmental Monitoring Act of 2003''.
SEC. 2. PROTECTION OF HEALTH AND SAFETY OF INDIVIDUALS IN A DISASTER
AREA.
Title IV of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act is amended by inserting after section 408 (42 U.S.C.
5174) the following:
``SEC. 409. PROTECTION OF HEALTH AND SAFETY OF INDIVIDUALS IN A
DISASTER AREA.
``(a) Definitions.--In this section:
``(1) Individual.--The term `individual' includes--
``(A) a worker or volunteer who responds to a
disaster, including--
``(i) a police officer;
``(ii) a firefighter;
``(iii) an emergency medical technician;
``(iv) any participating member of an urban
search and rescue team; and
``(v) any other relief or rescue worker or
volunteer that the President determines to be
appropriate;
``(B) a worker who responds to a disaster by
assisting in the cleanup or restoration of critical
infrastructure in and around a disaster area;
``(C) a person whose place of residence is in a
disaster area;
``(D) a person who is employed in or attends
school, child care, or adult day care in a building
located in a disaster area; and
``(E) any other person that the President
determines to be appropriate.
``(2) Program.--The term `program' means a program
described in subsection (b) that is carried out for a disaster
area.
``(3) Substance of concern.--The term `substance of
concern' means a chemical or other substance that is associated
with potential acute or chronic human health effects, the risk
of exposure to which could potentially be increased as the
result of a disaster, as determined by the President.
``(b) Program.--
``(1) In general.--If the President determines that 1 or
more substances of concern are being, or have been, released in
an area declared to be a disaster area under this Act, the
President may carry out a program for the protection,
assessment, monitoring, and study of the health and safety of
individuals to ensure that--
``(A) the individuals are adequately informed about
and protected against potential health impacts of any
substance of concern and potential mental health
impacts in a timely manner;
``(B) the individuals are monitored and studied
over time, including through baseline and followup
clinical health examinations, for--
``(i) any short- and long-term health
impacts of any substance of concern; and
``(ii) any mental health impacts;
``(C) the individuals receive health care referrals
as needed and appropriate; and
``(D) information from any such monitoring and
studies is used to prevent or protect against similar
health impacts from future disasters.
``(2) Activities.--A program under paragraph (1) may
include such activities as--
``(A) collecting and analyzing environmental
exposure data;
``(B) developing and disseminating information and
educational materials;
``(C) performing baseline and followup clinical
health and mental health examinations and taking
biological samples;
``(D) establishing and maintaining an exposure
registry;
``(E) studying the short- and long-term human
health impacts of any exposures through epidemiological
and other health studies; and
``(F) providing assistance to individuals in
determining eligibility for health coverage and
identifying appropriate health services.
``(3) Timing.--To the maximum extent practicable,
activities under any program established under paragraph (1)
(including baseline health examinations) shall be commenced in
a timely manner that will ensure the highest level of public
health protection and effective monitoring.
``(4) Participation in registries and studies.--
``(A) In general.--Participation in any registry or
study that is part of a program under paragraph (1)
shall be voluntary.
``(B) Protection of privacy.--The President shall
take appropriate measures to protect the privacy of any
participant in a registry or study described in
subparagraph (A).
``(5) Cooperative agreements.--
``(A) In general.--The President may carry out a
program under paragraph (1) through a cooperative
agreement with a medical institution, including a local
health department, or a consortium of medical
institutions.
``(B) Selection criteria.--To the maximum extent
practicable, the President shall select to carry out a
program under paragraph (1) a medical institution or a
consortium of medical institutions that--
``(i) is located near--
``(I) the disaster area with
respect to which the program is carried
out; and
``(II) any other area in which
there reside groups of individuals that
worked or volunteered in response to
the disaster; and
``(ii) has appropriate experience in the
areas of environmental or occupational health,
toxicology, and safety, including experience
in--
``(I) developing clinical protocols
and conducting clinical health
examinations, including mental health
assessments;
``(II) conducting long-term health
monitoring and epidemiological studies;
``(III) conducting long-term mental
health studies; and
``(IV) establishing and maintaining
medical surveillance programs and
environmental exposure or disease
registries.
``(6) Involvement.--
``(A) In general.--In establishing and maintaining
a program under paragraph (1), the President shall
involve interested and affected parties, as
appropriate, including representatives of--
``(i) Federal, State, and local government
agencies;
``(ii) groups of individuals that worked or
volunteered in response to the disaster in the
disaster area;
``(iii) local residents, businesses, and
schools (including parents and teachers);
``(iv) health care providers; and
``(v) other organizations and persons.
``(B) Committees.--Involvement under subparagraph
(A) may be provided through the establishment of an
advisory or oversight committee or board.
``(7) Privacy.--The President shall carry out each program
under paragraph (1) in accordance with regulations relating to
privacy promulgated under section 264(c) of the Health
Insurance Portability and Accountability Act of 1996 (42 U.S.C.
1320d-2 note; Public Law 104-191).
``(c) Reports.--Not later than 1 year after the establishment of a
program under subsection (b)(1), and every 5 years thereafter, the
President, or the medical institution or consortium of such
institutions having entered into a cooperative agreement under
subsection (b)(5), shall submit to the Secretary of Homeland Security,
the Secretary of Health and Human Services, the Secretary of Labor, the
Administrator of the Environmental Protection Agency, and appropriate
committees of Congress a report on programs and studies carried out
under the program.''.
SEC. 3. NATIONAL ACADEMY OF SCIENCES REPORT ON DISASTER AREA HEALTH AND
ENVIRONMENTAL PROTECTION AND MONITORING.
(a) In General.--The Secretary of Homeland Security, the Secretary
of Health and Human Services, and the Administrator of the
Environmental Protection Agency shall jointly enter into a contract
with the National Academy of Sciences to conduct a study and prepare a
report on disaster area health and environmental protection and
monitoring.
(b) Expertise.--The report under subsection (a) shall be prepared
with the participation of individuals who have expertise in--
(1) environmental health, safety, and medicine;
(2) occupational health, safety, and medicine;
(3) clinical medicine, including pediatrics;
(4) toxicology;
(5) epidemiology;
(6) mental health;
(7) medical monitoring and surveillance;
(8) environmental monitoring and surveillance;
(9) environmental and industrial hygiene;
(10) emergency planning and preparedness;
(11) public outreach and education;
(12) State and local health departments;
(13) State and local environmental protection departments;
(14) functions of workers that respond to disasters,
including first responders; and
(15) public health and family services.
(c) Contents.--The report under subsection (a) shall provide advice
and recommendations regarding protecting and monitoring the health and
safety of individuals potentially exposed to any chemical or other
substance associated with potential acute or chronic human health
effects as the result of a disaster, including advice and
recommendations regarding--
(1) the establishment of protocols for the monitoring of
and response to chemical or substance releases in a disaster
area for the purpose of protecting public health and safety,
including--
(A) chemicals or other substances for which samples
should be collected in the event of a disaster,
including a terrorist attack;
(B) chemical- or substance-specific methods of
sample collection, including sampling methodologies and
locations;
(C) chemical- or substance-specific methods of
sample analysis;
(D) health-based threshold levels to be used and
response actions to be taken in the event that
thresholds are exceeded for individual chemicals or
other substances;
(E) procedures for providing monitoring results
to--
(i) appropriate Federal, State, and local
government agencies;
(ii) appropriate response personnel; and
(iii) the public;
(F) responsibilities of Federal, State and local
agencies for--
(i) collecting and analyzing samples;
(ii) reporting results; and
(iii) taking appropriate response actions;
and
(G) capabilities and capacity within the Federal
Government to conduct appropriate environmental
monitoring and response in the event of a disaster,
including a terrorist attack; and
(2) other issues as specified by the Secretary of Homeland
Security, the Secretary of Health and Human Services, and the
Administrator of the Environmental Protection Agency.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 4. PREDISASTER HAZARD MITIGATION.
Section 203(m) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5133(m)) is amended by striking
``December 31, 2003'' and inserting ``September 30, 2006''.
Passed the Senate November 21, 2003.
Attest:
EMILY J. REYNOLDS,
Secretary. | Disaster Area Health and Environmental Monitoring Act of 2003 - (Sec. 2) Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize the President, if one or more chemicals or substances associated with potential acute or chronic human health effects (substances of concern) are being or have been released in a disaster area, to carry out a program for the protection, assessment, monitoring, and study of the health and safety of individuals.
Requires such a program to ensure that: (1) the individuals are adequately informed about and protected against potential health impacts of the substance of concern and potential mental health impacts in a timely manner; (2) they are monitored and studied over time for any such impacts, both short- and long-term; (3) they receive needed health care referrals; and (4) information from any such monitoring and studies is used to prevent or protect against similar health impacts from future disasters.
Allows the program to include such activities as: (1) collecting and analyzing environmental exposure data; (2) developing and disseminating information and educational materials; (3) performing baseline and followup clinical health and mental health examinations and taking biological samples; (4) establishing and maintaining an exposure registry; (5) studying the short- and long-term human health impacts of any exposures through epidemiological and other health studies; and (6) providing assistance to individuals in determining eligibility for health coverage and identifying appropriate health services.
Requires activities under any such program (including baseline health examinations), to the maximum extent practicable, to be commenced in a timely manner that will ensure the highest level of public health protection and effective monitoring.
Makes participation in any registry or study voluntary. Requires the President to take appropriate measures to protect the privacy of any registry or study participant.
Authorizes the President to carry out such a program through a cooperative agreement with a medical institution (including a local health department) or a consortium of medical institutions, especially those located near the disaster area and any other area in which there reside groups of individuals that worked or volunteered in response to the disaster. Requires such an institution to have appropriate experience in the areas of environmental or occupational health, toxicology, and safety.
Requires the President, in establishing and maintaining such a program, to involve interested and affected Federal, State,and local parties, including in advisory or oversight committees or boards.
Requires the President to carry out such a program in accordance with certain regulations promulgated under the Health Insurance Portability and Accountability Act of 1996 with respect to privacy of individually identifiable health information exchanged in electronic transmissions.
(Sec. 3) Directs the Secretary of Homeland Security, the Secretary of Health and Human Services, and the Administrator of the Environmental Protection Agency to enter jointly into a contract with the National Academy of Sciences to study and report on disaster area health and environmental protection and monitoring, including: (1) establishment of monitoring and response protocols; (2) Federal, State, and local agency responsibilities; and (3) capabilities and capacity within the Federal Government to conduct appropriate environmental monitoring and response in the event of a disaster, including a terrorist attack.
Authorizes appropriations.
(Sec. 4) Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to extend from December 31, 2003, through September 30, 2006, the President's authority to establish a program to provide technical and financial assistance to State and local governments to assist in the implementation of cost-effective predisaster hazard mitigation measures designed to reduce injuries, loss of life, and damage and destruction of property. | {"src": "billsum_train", "title": "A bill to amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize the President to carry out a program for the protection of the health and safety of residents, workers, volunteers, and others in a disaster area."} | 2,282 | 765 | 0.628472 | 1.833816 | 0.687171 | 4.216524 | 3.103989 | 0.931624 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Payday Loan Consumer
Protection Amendments of 2000''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress makes the following findings:
(1) Payday lending is a rapidly expanding form of high-
cost, short-term credit that uses a borrower's personal check
as collateral and targets individuals with limited access to
affordable credit who are in desperate need of cash to meet
immediate obligations.
(2) Consumer group studies indicate that the average annual
percentage rate on payday loans nationally is 474 percent for a
two-week loan, and that a typical payday loan is renewed ten or
more times before repayment at equivalent annual interest rates
that exceed 1000 percent.
(3) While State law has traditionally prohibited such high
cost lending through usury limits, small loan interest caps and
other restrictions, these laws have either been revised to
exempt payday loan transactions, or payday lenders have
affiliated with insured depository institutions to invoke the
most favored lender principle under Federal law to circumvent
interest rate regulation in State law.
(4) Lending that fails to assess borrowers ability to
repay, that requires consumers to write checks on insufficient
funds, that encourages perpetual debt or default on other
obligations, and that facilitates violations of State law, is
an unacceptable banking practice for insured depository
institutions that threatens the safety of the participating
institution and the broader banking system.
(5) While Congress clearly intended for the credit
protections of the Truth in Lending Act to apply broadly to all
credit transactions, including payday loan transactions, and
such application to payday loan transactions has been correctly
affirmed in recent court decisions, the provision of Truth in
Lending credit disclosures is not standard practice among
payday lenders across the country and should be a more explicit
requirement in Federal statutes and regulations.
(b) Purpose.--It is the purpose of this Act to encourage fair
lending practices by prohibiting insured depository institutions from
engaging in any form of payday lending, by restricting the use of
personal checks drawn on, or forms of withdrawals from, accounts at
insured depository institutions for purposes of making payday loans,
and by clarifying what the Congress has always intended by explicitly
stating in the Truth in Lending Act that appropriate interest rate
disclosure and other consumer protections of the Act do apply to all
payday loans.
SEC. 3. FEDERAL DEPOSIT INSURANCE ACT AMENDMENT.
Section 18 of the Federal Deposit Insurance Act (12 U.S.C. 1828) is
amended by adding at the end the following new subsection:
``(v) Prohibition on Certain Unsafe and Unsound Banking
Practices.--
``(1) In general.--An insured depository institution may
not--
``(A) make any payday loan, either directly or
indirectly; or
``(B) make any loan to any other lender for
purposes of financing a payday loan or refinancing or
extending any payday loan.
``(2) Payday loan defined.--For purposes of this
subsection, the term `payday loan' means any transaction in
which a short-term cash advance is made to a consumer in
exchange for--
``(i) a consumer's personal check or share
draft, in the amount of the advance plus a fee,
where presentment or negotiation of such check
or share draft is deferred by agreement of the
parties until a designated future date; or
``(ii) a consumer's authorization to debit
the consumer's transaction account, in the
amount of the advance plus a fee, where such
account will be debited on or after a
designated future date.''.
SEC. 4. TRUTH IN LENDING ACT AMENDMENTS.
(a) Clarification of Application to Payday Loans.--For purposes of
clarifying that payday loans have always been within the definition of
credit, section 103(e) of the Consumer Credit Protection Act (15 U.S.C.
1602(e)) is amended, effective as of the date of the enactment of this
Act, by inserting before the period at the end ``, including any payday
loan (as defined in section 18(v)(2) of the Federal Deposit Insurance
Act)''.
(b) Prohibition on Certain Unsafe and Unsound Lending Practices.--
Section 128 of the Truth in Lending Act (15 U.S.C. 1638) is amended by
adding at the end the following new subsection:
``(e) Prohibition on Payday Loans Based on Checks Drawn On, or
Authorized Withdrawals From, Insured Depository Institutions.--
``(1) In general.--A creditor may not make a payday loan to
any person if the creditor knows or has reasonable cause to
believe that--
``(A) the personal check or share draft the
creditor receives from the person, in exchange for the
loan, is drawn on an insured depository institution or
insured credit union; or
``(B) the account the creditor receives permission
from the person to debit, in exchange for the loan, is
a transaction account or share draft account at an
insured depository institution or an insured credit
union.
``(2) Definitions.--For purposes of this subsection, the
following definitions shall apply:
``(A) Insured credit union.--The term `insured
credit union' has the meaning given the term in section
101 of the Federal Credit Union Act.
``(B) Insured depository institution.--The term
`insured depository institution' has the meaning given
the term in section 3 of the Federal Deposit Insurance
Act.
``(C) Payday loan defined.--The term `payday loan'
means any transaction in which a short-term cash
advance is made to a consumer in exchange for--
``(i) a consumer's personal check or share
draft, in the amount of the advance plus a fee,
where presentment or negotiation of such check
or share draft is deferred by agreement of the
parties until a designated future date; or
``(ii) a consumer's authorization to debit
the consumer's transaction or share draft
account, in the amount of the advance plus a
fee, where such account will be debited on or
after a designated future date.''.
(c) Civil Liability.--
(1) In general.--Section 130(a)(2) of the Truth in Lending
Act (15 U.S.C. 1640(a)(2)) is amended--
(A) in subparagraph (A)--
(i) by inserting ``clauses (i) and (ii)
of'' after ``except that the liability under'';
(ii) by striking ``$100'' and inserting
``$200''; and
(iii) by striking ``$1,000'' and inserting
``$10,000''; and
(B) in subparagraph (B), by striking `` lesser of
$500,000 or'' and inserting ``greater of (i) the
maximum amount of liability determined under
subparagraph (A) for each member of the class
multiplied by the number of members of the class or
(ii)''.
(2) Technical and conforming amendments.--Section 130(a) of
the Truth in Lending Act is amended--
(A) in the matter preceding paragraph (1), by
striking ``equal to the sum of--'' and inserting
``equal to the sum of amounts determined under the
following paragraphs, whichever apply:''; and
(B) in the 4th sentence which begins after the end
of paragraph (4) by striking ``disclosures referred to
in section 128'' and inserting ``disclosures referred
to in section 128(a)''.
SEC. 5. EFFECTIVE DATE.
Except as provided in section 4(a), which is a clarification of
existing law, the requirements of this Act and the amendments made by
this Act shall take effect at the end of the 90-day period beginning on
the date of the enactment of this Act and shall apply to payday loans
initiated on or after such date and to an extension or renewal of a
payday loan made on or after such date. | Amends the Consumer Credit Protection Act to redefine credit to include any payday loan.
Amends the Truth in Lending Act to prohibit a creditor from making a payday loan if the creditor has reasonable cause to believe that: (1) the personal check or share draft received in exchange for such loan is drawn upon either an insured depository institution or insured credit union; or (2) the account debited in exchange for such loan is a transaction or share draft account at an insured depository institution or an insured credit union.
Sets forth civil liabilities for violations of this Act. | {"src": "billsum_train", "title": "Federal Payday Loan Consumer Protection Amendments of 2000"} | 1,835 | 121 | 0.492353 | 1.455086 | 0.563911 | 3.189189 | 14.72973 | 0.900901 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Financial Markets Commission Act of
2009''.
SEC. 2. ESTABLISHMENT OF COMMISSION.
There is established in the legislative branch the Financial
Markets Commission (in this Act referred to as the ``Commission'') to
examine all causes, domestic and global, of the current financial and
economic crisis in the United States.
SEC. 3. COMPOSITION OF THE COMMISSION.
(a) Members.--The Commission shall be composed of 7 members, of
whom--
(1) 2 members shall be appointed by the President;
(2) 1 member shall be appointed by the majority leader of
the Senate;
(3) 1 member shall be appointed by the Speaker of the House
of Representatives;
(4) 1 member shall be appointed by the minority leader of
the Senate;
(5) 1 member shall be appointed by the minority leader of
the House of Representatives; and
(6) 1 member shall be appointed by the Chairman of the
Board of Governors of the Federal Reserve System.
(b) Qualifications.--It is the sense of Congress that individuals
appointed to the Commission should be United States citizens with
national recognition and significant depth of experience in such fields
as governmental regulation, finance, economics, and housing.
(c) Chairperson; Vice Chairperson.--
(1) In general.--Subject to the requirement of paragraph
(2), the Chairperson and Vice Chairperson of the Commission
shall be elected by the members.
(2) Political party affiliation.--The Chairperson and Vice
Chairperson shall not be from the same political party.
(d) Initial Meeting.--If 45 days after the date of enactment of
this Act, 4 or more members of the Commission have been appointed,
those members who have been appointed may meet and, if necessary,
select a temporary Chairperson and Vice Chairperson, who may begin the
operations of the Commission, including the hiring of staff.
(e) Quorum; Vacancies.--After the initial meeting of the
Commission, the Commission shall meet upon the call of the Chairperson
or a majority of its members. Four members of the Commission shall
constitute a quorum. Any vacancy on the Commission shall not affect its
powers, but shall be filled in the same manner in which the original
appointment was made.
SEC. 4. FUNCTIONS OF THE COMMISSION.
The functions of the Commission are--
(1) to examine all causes, domestic and global, of the
current financial and economic crisis in the United States,
including the collapse of major financial and commercial firms
and the deterioration of the credit and housing markets;
(2) to investigate the role in the financial and economic
crisis, if any, of--
(A) the Securities and Exchange Commission;
(B) nationally recognized statistical rating
organizations, as that term is defined in section 3(a)
of the Securities Exchange Act of 1934 (15 U.S.C.
78c(a));
(C) the Commodity Futures Trading Commission;
(D) the Federal National Mortgage Association and
the Federal Home Loan Mortgage Corporation;
(E) trading facilities for commodities, as those
terms are defined in section 1a of the Commodity
Exchange Act (7 U.S.C. 1a), and self-regulatory
organizations, as that term is defined in section 3 of
the Securities Exchange Act of 1934 (15 U.S.C. 78c);
(F) the Federal banking agencies, as that term is
defined in section 3 of the Federal Deposit Insurance
Act (12 U.S.C. 1813);
(G) any financial or commercial corporation,
partnership, or entity; and
(H) any other governmental or non-governmental
entity;
(3) to submit a report under section 8 of this Act; and
(4) to refer to the Attorney General of the United States
and any appropriate State attorney general any person that the
Commission finds may have violated the laws of the United
States in relation to such crisis.
SEC. 5. POWERS OF THE COMMISSION.
(a) Hearings and Evidence.--The Commission may, for purposes of
carrying out this Act--
(1) hold hearings, sit and act at times and places, take
testimony, receive evidence, and administer oaths; and
(2) require, by subpoena or otherwise, the attendance and
testimony of witnesses and the production of books, records,
correspondence, memoranda, papers, and documents.
(b) Subpoenas.--
(1) Service.--Subpoenas issued under subsection (a)(2) may
be served by any person designated by the Commission.
(2) Enforcement.--
(A) In general.--In the case of contumacy or
failure to obey a subpoena issued under subsection
(a)(2), the United States district court for the
judicial district in which the subpoenaed person
resides, is served, or may be found, or where the
subpoena is returnable, may issue an order requiring
such person to appear at any designated place to
testify or to produce documentary or other evidence.
Any failure to obey the order of the court may be
punished by the court as a contempt of that court.
(B) Additional enforcement.--Sections 102 through
104 of the Revised Statutes of the United States (2
U.S.C. 192 through 194) shall apply in the case of any
failure of any witness to comply with any subpoena or
to testify when summoned under the authority of this
section.
(c) Contracting.--The Commission may enter into contracts to enable
the Commission to discharge its duties under this Act.
(d) Information From Federal Agencies.--The Commission may secure
directly from any department, agency, or instrumentality of the United
States any information related to any inquiry of the Commission
conducted under this Act. Each such department, agency, or
instrumentality shall, to the extent authorized by law, furnish such
information directly to the Commission upon request.
(e) Assistance From Federal Agencies.--
(1) Department of the treasury.--
(A) In general.--The Secretary of the Treasury
shall provide all amounts necessary to defray the costs
and provide administrative support and other services
to the Commission for the performance of the functions
of the Commission.
(B) Limitation.--The value of the assistance
required to be provided by the Secretary of the
Treasury under this paragraph may not exceed
$3,000,000.
(2) Other departments and agencies.--In addition to the
assistance prescribed in paragraph (1), departments and
agencies of the United States are authorized to provide to the
Commission such services, funds, facilities, staff, and other
support services as they may determine advisable and as may be
authorized by law.
(f) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
(g) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as departments
and agencies of the United States.
(h) Powers of Subcommittees, Members, and Agents.--Any
subcommittee, member, or agent of the Commission may, if authorized by
the Commission, take any action which the Commission is authorized to
take by this section.
SEC. 6. STAFF OF THE COMMISSION.
(a) Director.--The Commission shall have a Director who shall be
appointed by the Chairperson and the Vice Chairperson, acting jointly.
(b) Staff.--The Chairperson, in consultation with the Vice
Chairperson, may appoint additional personnel as may be necessary to
enable the Commission to carry out its functions.
(c) Applicability of Certain Civil Service Laws.--The Director and
staff of the Commission may be appointed without regard to the
provisions of title 5, United States Code, governing appointments in
the competitive service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of such title
relating to classification and General Schedule pay rates, except that
no rate of pay fixed under this subsection may exceed the equivalent of
that payable for a position at level V of the Executive Schedule under
section 5316 of title 5, United States Code. Any individual appointed
under subsection (a) or (b) shall be treated as an employee for
purposes of chapters 63, 81, 83, 84, 85, 87, 89, 89A, 89B, and 90 of
that title.
(d) Detailees.--Any Federal Government employee may be detailed to
the Commission without reimbursement from the Commission, and such
detailee shall retain the rights, status, and privileges of his or her
regular employment without interruption.
(e) Consultant Services.--The Commission is authorized to procure
the services of experts and consultants in accordance with section 3109
of title 5, United States Code, but at rates not to exceed the daily
rate paid a person occupying a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code.
SEC. 7. COMPENSATION AND TRAVEL EXPENSES.
(a) Compensation.--Each member of the Commission may be compensated
at not to exceed the daily equivalent of the annual rate of basic pay
in effect for a position at level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day during which
that member is engaged in the actual performance of the duties of the
Commission.
(b) Travel Expenses.--While away from their homes or regular places
of business in the performance of services for the Commission, members
of the Commission shall be allowed travel expenses, including per diem
in lieu of subsistence, in the same manner as persons employed
intermittently in the Government service are allowed expenses under
section 5703(b) of title 5, United States Code.
SEC. 8. REPORTS OF THE COMMISSION; TERMINATION.
(a) Final Report.--Not later than 1 year after the date of the
first meeting of the Commission, the Commission shall submit to the
President and Congress a final report containing--
(1) the findings and conclusions of the Commission on the
causes of the current financial and economic crisis in the
United States; and
(2) such findings, conclusions, and recommendations for
statutory and regulatory changes as a majority of Commission
members finds are necessary to prevent a financial and economic
crisis comparable to the current financial and economic crisis
in the United States.
(b) Interim Reports.--At any time after the first meeting of the
Commission, the Commission may submit to the President and Congress an
interim report containing such findings, conclusions, and
recommendations for corrective measures as have been agreed to by a
majority of Commission members.
(c) Termination.--
(1) In general.--The Commission, and all the authorities of
this Act, shall terminate 60 days after the date on which the
final report is submitted under subsection (a).
(2) Administrative activities before termination.--The
Commission may use the 60-day period referred to in paragraph
(1) for the purpose of concluding its activities, including
providing testimony to committees of Congress concerning its
reports and disseminating the final report submitted under
subsection (a). | Financial Markets Commission Act of 2009 - Establishes in the legislative branch the Financial Markets Commission to: (1) examine all causes, domestic and global, of the current financial and economic crisis in the United States, including the collapse of major financial and commercial firms and the deterioration of the credit and housing markets; and (2) investigate the role in the crisis, if any, of the Securities and Exchange Commission (SEC), nationally recognized statistical rating organizations, the Commodity Futures Trading Commission (CFTC), the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac), trading facilities for commodities and self-regulatory organizations, the federal banking agencies, any financial or commercial corporation, partnership, or entity, and any other governmental or non-governmental entity.
Requires the Commission to: (1) report its findings and recommendations to the President and Congress; and (2) refer to the U.S. Attorney General and any appropriate state attorney general any person that the Commission finds may have violated federal laws in relation to the crisis. | {"src": "billsum_train", "title": "A bill to establish a Financial Markets Commission, and for other purposes."} | 2,428 | 225 | 0.552764 | 1.616473 | 0.774211 | 5.047847 | 10.679426 | 0.952153 |
SECTION 1. AMENDMENTS.
The Energy Policy and Conservation Act is amended--
(1) in section 2 (42 U.S.C. 6201)--
(A) by inserting ``and'' at the end of paragraph
(6);
(B) by striking ``; and'' at the end of paragraph
(7) and inserting in lieu thereof a period; and
(C) by striking paragraph (8);
(2) in section 321 (42 U.S.C. 6291)--
(A) by striking ``or, with respect to showerheads,
faucets, water closets, and urinals, water'' in
paragraph (1)(A);
(B) by striking ``incandescent reflector lamps,
showerheads, faucets, water closets, and urinals'' in
paragraph (1) and inserting in lieu thereof ``and
incandescent reflector lamps'';
(C) by striking ``, or, in the case of showerheads,
faucets, water closets, and urinals, water use,'' in
paragraph (6)(A);
(D) by striking ``(15), (16), (17),'' in paragraph
(6)(B);
(E) by striking ``325(r)'' in paragraph (6) and
inserting in lieu thereof ``325(p)'';
(F) by striking ``, and in the case of showerheads,
faucets, water closets, and urinals, the aggregate
retail cost of water and wastewater treatment services
likely to be incurred annually,'' in paragraph (7);
(G) by inserting at the end of paragraph (30) the
following new subparagraph:
``(T) The term `ANSI' means the American National
Standards Institute.''; and
(H) by striking paragraph (31);
(3) in section 322(a) (42 U.S.C. 6292(a))--
(A) by striking paragraphs (15) through (18); and
(B) by redesignating paragraph (19) as paragraph
(15);
(4) in section 323 (42 U.S.C. 6293)--
(A) by striking ``water use (in the case of
showerheads, faucets, water closets, and urinals),'' in
subsection (b)(3);
(B) by striking ``or, in the case of showerheads,
faucets, water closets, or urinals, water use'' in
subsection (b)(4);
(C) by striking ``, or in the case of showerheads,
faucets, water closets, or urinals, representative
average unit costs of water and wastewater treatment
service resulting from the operation of such products
during such cycle'' in subsection (b)(4);
(D) by striking ``, water, and wastewater
treatment'' in subsection (b)(4);
(E) by striking paragraphs (7) and (8) of
subsection (b);
(F) by striking ``or, in the case of showerheads,
faucets, water closets, and urinals, water use'' in
subsection (c)(1);
(G) by striking ``or, in the case of showerheads,
faucets, water closets, and urinals, water use'' in
subsection (c)(2);
(H) by striking ``, measured energy use, or
measured water use'' in subsection (e)(1) and inserting
in lieu thereof ``or measured energy use''; and
(I) by striking ``, energy use, or water use'' each
place it appears in paragraphs (2) and (3) of
subsection (e) and inserting in lieu thereof ``or
energy use'';
(5) in section 324 (42 U.S.C. 6294)--
(A) by striking ``325(j)'' in subsection
(a)(2)(C)(ii) and inserting in lieu thereof ``325(i)'';
(B) by striking subparagraphs (D) and (E) of
subsection (a)(2);
(C) by striking ``(19)'' each place it appears in
subsection (a)(3) and subsection (b) and inserting in
lieu thereof ``(15)'';
(D) by striking ``paragraphs (15) through'' in
subsection (b)(1)(B) and inserting in lieu thereof
``paragraph'';
(E) by striking ``(13), (14), (15), (16), (17), and
(18)'' in subsection (c)(7) and inserting in lieu
thereof ``(13) and (14)''; and
(F) by striking paragraph (8) of subsection (c);
(6) in section 325 (42 U.S.C. 6295)--
(A) by striking ``325(n)(1)'' in subsection
(i)(6)(B) and inserting in lieu thereof ``325(l)(1)'';
(B) by striking subsections (j) and (k);
(C) by redesignating subsections (l) through (t) as
subsections (j) through (r), respectively;
(D) by striking ``(19)'' in paragraphs (1) and (2)
of subsection (j), as so redesignated by subparagraph
(C) of this paragraph, and inserting in lieu thereof
``(15)'';
(E) by striking ``(o) and (p)'' in subsection
(j)(1), as so redesignated by subparagraph (C) of this
paragraph, and inserting in lieu thereof ``(m) and
(n)'';
(F) by striking ``(o) and (p)'' in subsection
(j)(3), as so redesignated by subparagraph (C) of this
paragraph, and inserting in lieu thereof ``(m) and
(n)'';
(G) by striking ``(o)(2)(B)(i)(II)'' in subsection
(l)(2)(C), as so redesignated by subparagraph (C) of
this paragraph, and inserting in lieu thereof
``(m)(2)(B)(i)(II)'';
(H) by striking ``or, in the case of showerheads,
faucets, water closets, or urinals, water use,'' in
subsection (m)(1), as so redesignated by subparagraph
(C) of this paragraph;
(I) by striking ``, or, in the case of showerheads,
faucets, water closets, or urinals, water efficiency,''
in subsection (m)(2)(A), as so redesignated by
subparagraph (C) of this paragraph;
(J) by striking ``, or as applicable, water,'' in
subsection (m)(2)(B)(i)(III), as so redesignated by
subparagraph (C) of this paragraph;
(K) by striking ``and water'' in subsection
(m)(2)(B)(i)(VI), as so redesignated by subparagraph
(C) of this paragraph;
(L) by striking ``, and as applicable, water,'' in
subsection (m)(2)(B)(iii), as so redesignated by
subparagraph (C) of this paragraph;
(M) by striking ``, in the case of showerheads,
faucets, water closets, or urinals, water, or'' in
subsection (m)(3)(B), as so redesignated by
subparagraph (C) of this paragraph; and
(N) by striking ``(o)'' both places it appears in
subsection (n)(3)(A), as so redesignated by
subparagraph (C) of this paragraph, and inserting in
lieu thereof ``(m)'';
(7) in section 326 (42 U.S.C. 6296)--
(A) by striking ``or water use'' in subsection
(b)(4); and
(B) by striking ``, energy use, or, in the case of
showerheads, faucets, water closets, and urinals, water
use'' in subsection (d)(1) and inserting in lieu
thereof ``or energy use'';
(8) in section 327 (42 U.S.C. 6297)--
(A) by striking ``consumption or water use'' in
subsection (a)(1) and inserting in lieu thereof
``consumption'';
(B) by striking ``, water use,'' in subsection
(a)(1)(A);
(C) by striking ``, energy efficiency, or water
use'' each place it appears in subsection (a)(1)(B),
subsection (b), subsection (c), and subsection
(d)(1)(A), and inserting in lieu thereof ``or energy
efficiency'';
(D) by amending paragraph (2) of subsection (a) to
read as follows:
``(2) For purposes of this section, the term `State regulation'
means a law, regulation, or other requirement of a State or its
political subdivisions.'';
(E) by striking ``flow rate requirements for
showerheads or faucets, or water use requirements for
water closets or urinals,'' in subsection (b)(1);
(F) by striking ``, or is a regulation (or portion
thereof) regulating showerheads'' and all that follows
through ``325(k) is applicable'' in subsection (b)(4);
(G) by inserting ``or'' at the end of paragraph (5)
of subsection (b);
(H) by striking ``; or'' at the end of paragraph
(6) of subsection (b) and inserting in lieu thereof a
period;
(I) by striking paragraph (7) of subsection (b);
(J) by striking ``subparagraphs (B) and (C) of
section 325(j)(3), and subparagraphs (B) and (C) of
section 325(k)(3)'' in subsection (c);
(K) by inserting ``or'' at the end of paragraph (2)
of subsection (c);
(L) by striking the semicolon at the end of
paragraph (3) of subsection (c) and inserting in lieu
thereof a period;
(M) by striking paragraphs (4), (5), and (6) of
subsection (c);
(N) by striking ``or river basin commission'' each
place it appears in subsection (d)(1)(A) and (B);
(O) by striking ``or water'' each place it appears
in subsection (d)(1)(B) and (C);
(P) by striking ``, and, with respect to a State''
and all that follows through ``water supply
development'' in subsection (d)(1)(C);
(Q) by striking ``or, if the State'' and all that
follows through ``emergency condition,'' in subsection
(d)(5)(B)(i);
(R) by striking ``or, in the case of a water
emergency condition, water or wastewater treatment,''
in subsection (d)(5)(B)(i)(I); and
(S) by striking ``or, in the case of a water
emergency condition, by the importation of water,'' in
subsection (d)(5)(B)(i)(II);
(9) in section 336(c)(2) (42 U.S.C. 6306(c)(2)), by
striking ``325(k)'' and inserting in lieu thereof ``325(l)'';
and
(10) in section 337 (42 U.S.C. 6307)--
(A) by striking ``(a) In General.--''; and
(B) by striking subsection (b). | Amends the Energy Policy and Conservation Act of 1992 to repeal restrictions on certain plumbing products and appliances, including showerheads, faucets, water closets, and urinals. | {"src": "billsum_train", "title": "To amend the Energy Policy and Conservation Act to eliminate certain regulation of plumbing supplies."} | 2,660 | 40 | 0.526163 | 1.28609 | -0.070766 | 4.1 | 77.933333 | 0.7 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transparency in Medical Device
Pricing Act of 2007''.
SEC. 2. REPORTING OF SALES PRICE DATA FOR IMPLANTABLE MEDICAL DEVICES.
Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is
amended by adding at the end the following new section:
``SEC. 1898. REPORTING OF SALES PRICE DATA FOR IMPLANTABLE MEDICAL
DEVICES.
``(a) Collection of Sales Price Data.--
``(1) Quarterly reports from manufacturers of covered
medical devices.--Not later than the date that is 30 days after
the last day of each fiscal year quarter beginning on or after
January 1, 2009, in the case of a covered medical device that
is used in a procedure identified under subsection (b), each
manufacturer of such device shall submit to the Secretary, in
such form as the Secretary shall require, the following:
``(A) The name of the manufacturer of the covered
medical device.
``(B) The name of the covered medical device.
``(C) The category type of the covered medical
device (using a nomenclature specified by the Secretary
for categorizing medical devices in order to ensure
consistent reporting).
``(D) The hospital inpatient procedure or hospital
outpatient procedure identified under subsection (b)
with respect to which the medical device was used
during the quarter.
``(E) The average and median sales price of the
covered medical device.
``(F) Such other information as the Secretary
requires, including the unit of measure used to
determine the number of medical devices sold by the
manufacturer.
``(2) Penalties for noncompliance.--
``(A) Failure to submit information.--Any
manufacturer of a covered medical device that fails to
submit information required under paragraph (1) in
accordance with regulations promulgated to carry out
such paragraph, shall be subject to a civil money
penalty of not less than $10,000, but not more than
$100,000, for each such failure.
``(B) Misrepresentation.--Any manufacturer of a
covered medical device that misrepresents the average
or median sales price of such device in information
submitted under paragraph (1) shall be subject to a
civil money penalty of not less than $10,000, but not
more than $100,000, for each such misrepresentation and
for each day in which such misrepresented average or
median sales price is made publicly available under
subsection (c).
``(C) Imposition and collection.--A penalty under
subparagraph (A) or (B) shall be imposed and collected
in the same manner as civil money penalties under
subsection (a) of section 1128A are imposed and
collected under that section.
``(3) Definitions.--In this section:
``(A) Average sales price.--
``(i) In general.--Subject to clauses (ii)
and (iii), the term `average sales price'
means, of a covered medical device for a fiscal
year quarter for a manufacturer for a unit--
``(I) the manufacturer's sales to
all purchasers (excluding sales
exempted in clause (ii)) in the United
States for such covered medical device
in the quarter; divided by
``(II) the total number of such
units of such covered medical device
sold by the manufacturer in such
quarter.
``(ii) Certain sales exempted from
computation.--In calculating the manufacturer's
average sales price under this subparagraph,
certain sales may be excluded in the case where
the Secretary determines such exclusion is
appropriate.
``(iii) Sale price net of discounts.--In
calculating the manufacturer's average sales
price under this subparagraph, such price shall
include volume discounts, cash discounts, free
goods and services that are contingent on any
purchase requirement, chargebacks, and rebates,
and any other discounts or price concessions
the Secretary determines to be appropriate
(using a methodology developed by the Secretary
to estimate costs during the quarter that are
attributable to discounts and price
concessions).
``(B) Covered medical device.--The term `covered
medical device' means any device for which payment is
available under title XVIII or a State plan under title
XIX or XXI (or a waiver of such a plan).
``(C) Median sales price.--
``(i) In general.--Subject to clauses (ii)
and (iii), the term `median sales price' means,
of a covered medical device for a fiscal year
quarter for a manufacturer for a unit, the
median of all sales by the manufacturer to
purchasers (excluding sales exempted in clause
(ii)) in the United States for such covered
medical device in the quarter.
``(ii) Certain sales exempted from
computation.--In calculating the manufacturer's
median sales price under this subparagraph,
certain sales may be excluded in the case where
the Secretary determines such exclusion is
appropriate.
``(iii) Sale price net of discounts.--In
calculating the manufacturer's median sales
price under this subparagraph, such price shall
include volume discounts, cash discounts, free
goods and services that are contingent on any
purchase requirement, chargebacks, and rebates,
and any other discounts or price concessions
the Secretary determines to be appropriate
(using a methodology developed by the Secretary
to estimate costs during the quarter that are
attributable to discounts and price
concessions).
``(b) Identification of Procedures.--For purposes of subsection
(a), the Secretary shall identify--
``(1) all hospital inpatient procedures for which payment
is provided under section 1886(d) that involve the implantation
of a medical device; and
``(2) all hospital outpatient procedures for which payment
is provided under section 1833(t) that involve the implantation
of a medical device.
``(c) Public Availability.--Not later than April 30, 2009, the
Secretary shall establish procedures to ensure that the information
reported under subsection (a) is readily accessible to the public
through the Internet website of the Centers for Medicare & Medicaid
Services in a manner that is easily searchable, downloadable, and
understandable. Such procedures shall ensure that the website is
updated each quarter as new information is reported under such
subsection.''. | Transparency in Medical Device Pricing Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act to require manufacturers of implantable medical devices to report annually to the Secretary of Health and Human Services on sales prices and related data about such devices. | {"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to provide for the reporting of sales price data for implantable medical devices."} | 1,422 | 59 | 0.580822 | 1.354803 | 0.611653 | 1.979167 | 27.104167 | 0.8125 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Healthy Relationships Act of 2015''.
SEC. 2. SEXUAL RISK AVOIDANCE EDUCATION.
(a) Grants.--The Secretary of Health and Human Services, acting
through the Administrator of the Health Resources and Services
Administration, may award grants on a competitive basis to public and
private entities to provide qualified sexual risk avoidance education
to youth and their parents.
(b) Qualified Sexual Risk Avoidance Education.--To qualify for
funding under subsection (a), sexual risk avoidance education shall
meet each of the following:
(1) The primary emphasis and context for each topic covered
through the funding shall be the unambiguous message that
postponing sexual activity is the optimal sexual health
behavior for youth.
(2) The education shall be medically accurate.
(3) The education shall be an evidence-based approach.
(4) The education shall be age-appropriate.
(5) The education shall thoroughly address each of the
following:
(A) The holistic individual and societal benefits
associated with personal responsibility, success
sequencing, self-regulation, goal setting, healthy
decisionmaking, and a focus on the future.
(B) The research-based advantage of reserving
sexual activity for marriage, as associated with
poverty prevention and optimal physical and emotional
health for all youth, regardless of previous sexual
experience.
(C) The skills needed to resist the pervasive, sex-
saturated culture that portrays teenage sexual activity
as an expected norm, with few risks or negative
consequences.
(D) The foundational components of healthy
relationships and their impact on the formation of
healthy marriages and safe and stable families.
(E) How to avoid sexual coercion, dating violence,
and risk behaviors, such as drugs, alcohol, and the
misuse of social media.
(6) The education shall ensure that any information
provided on contraception--
(A) emphasizes the superior health benefits of
sexual delay; and
(B) does not exaggerate the effectiveness of
contraception in preventing the physical and non-
physical consequences of teenage sexual activity.
(c) Priority.--In awarding grants under subsection (a), the
Secretary shall give priority to applicants proposing programs to
provide qualified sexual risk avoidance education that--
(1) serves youth throughout the middle and high school
grades; and
(2) will promote parent-child communication regarding
healthy sexual decisionmaking.
(d) Definitions.--In this Act:
(1) The term ``age-appropriate'' means appropriate for the
general developmental and social maturity of the age group (as
opposed to the cognitive ability to understand a topic, or the
atypical development, of a small segment of the targeted
population).
(2) The term ``evidence-based approach'' means an approach
that--
(A) has a clear theoretical framework integrating
research findings with practical implementation
relevant to the field;
(B) matches the needs and desired outcomes for the
intended audience; and
(C) if effectively implemented, will demonstrate
improved outcomes for the targeted population.
(3) The term ``medically accurate'' means referenced to
peer-reviewed research by medical, educational, scientific,
governmental, or public health publications, organizations, or
agencies.
(4) The term ``sexual risk avoidance'' means voluntarily
refraining from sexual activity.
(5) The term ``sexual activity'' means genital contact or
sexual stimulation for the purpose of arousal, including sexual
intercourse.
(6) The term ``success sequencing'' means increasing the
chance of avoiding poverty by means of progression through the
following behavorial benchmarks in the following sequence:
completing school, securing a job, and marrying before bearing
children.
(e) Authorization of Appropriations.--
(1) In general.--To carry out this Act, there is authorized
to be appropriated $110,000,000 for each of fiscal years 2016
through 2020. Amounts authorized to be appropriated by the
preceding sentence shall be derived exclusively from amounts in
the Prevention and Public Health Fund established by section
4002 of the Patient Protection and Affordable Care Act (42
U.S.C. 300u-11).
(2) Federal administrative costs.--Of the amount authorized
to be appropriated by paragraph (1) for a fiscal year--
(A) not more than $1,000,000 are authorized to be
used for Federal administrative costs; and
(B) of the amount used by the Secretary for
administrative costs, at least 40 percent shall be used
for training and technical assistance by qualified
organizations whose--
(i) sole focus is the development and
advancement of sexual risk avoidance;
(ii) have expertise in theory-based sexual
risk avoidance curriculum development and
implementation;
(iii) have direct experience in developing
sexual risk avoidance evaluation instruments;
and
(iv) can offer technical assistance and
training on a wide range of topics relevant to
the sexual risk avoidance field. | Healthy Relationships Act of 2015 This bill authorizes the Health Resources and Services Administration to award grants for qualified sexual risk avoidance education for youth and their parents. The unambiguous message that postponing sexual activity is the optimal sexual health behavior for youth must be the primary emphasis and context for each topic covered by the education. The education must be age appropriate, medically accurate, and evidence based. The education must address specified topics, including: the benefits associated with personal responsibility, success sequencing (sequential progression through: completing school, securing a job, and marrying before bearing children), goal setting, healthy decision making, and a focus on the future; the research-based advantage of reserving sexual activity for marriage; the skills needed to resist the pervasive, sex-saturated culture; the foundational components of healthy relationships; and how to avoid sexual coercion, dating violence, and risk behaviors, such as drugs, alcohol, and the misuse of social media. Priority in awarding grants must be given to programs serving youth in middle school and high school that will promote parent-child communication regarding healthy sexual decision making. | {"src": "billsum_train", "title": "Healthy Relationships Act of 2015"} | 1,052 | 246 | 0.713609 | 2.552073 | 0.973113 | 4.790698 | 4.725581 | 0.92093 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense Enhancement and
National Guard Empowerment Act of 2006''.
SEC. 2. EXPANDED AUTHORITY OF CHIEF OF THE NATIONAL GUARD BUREAU AND
EXPANDED FUNCTIONS OF THE NATIONAL GUARD BUREAU.
(a) Expanded Authority.--
(1) In general.--Subsection (a) of section 10501 of title
10, United States Code, is amended by striking ``joint bureau
of the Department of the Army and the Department of the Air
Force'' and inserting ``joint activity of the Department of
Defense''.
(2) Purpose.--Subsection (b) of such section is amended by
striking ``between'' and all that follows and inserting
``between--
``(1)(A) the Secretary of Defense, the Joint Chiefs of
Staff, and the commanders of the combatant commands for the
United States, and (B) the Department of the Army and the
Department of the Air Force; and
``(2) the several States.''.
(b) Enhancements of Position of Chief of the National Guard
Bureau.--
(1) Advisory function on national guard matters.--
Subsection (c) of section 10502 of title 10, United States
Code, is amended by inserting ``to the Secretary of Defense, to
the Chairman of the Joint Chiefs of Staff,'' after ``principal
advisor''.
(2) Member of joint chiefs of staff.--(A) Such section is
further amended--
(i) by redesignating subsection (d) as subsection
(e); and
(ii) by inserting after subsection (c) the
following new subsection (d):
``(d) Member of Joint Chiefs of Staff.--The Chief of the National
Guard Bureau shall perform the duties prescribed for him or her as a
member of the Joint Chiefs of Staff under section 151 of this title.''.
(B) Section 151(a) of such title is amended by adding at
the end the following new paragraph:
``(7) The Chief of the National Guard Bureau.''.
(3) Grade.--Subsection (e) of such section, as redesignated
by paragraph (2)(A)(i) of this subsection, is further amended
by striking ``lieutenant general'' and inserting ``general''.
(4) Annual report to congress on validated requirements.--
Section 10504 of such title is amended by adding at the end the
following new subsection:
``(c) Annual Report on Validated Requirements.--Not later than
December 31 each year, the Chief of the National Guard Bureau shall
submit to Congress a report on the following:
``(1) The requirements validated under section 10503a(b)(1)
of this title during the preceding fiscal year.
``(2) The requirements referred to in paragraph (1) for
which funding is to be requested in the next budget for a
fiscal year under section 10544 of this title.
``(3) The requirements referred to in paragraph (1) for
which funding will not be requested in the next budget for a
fiscal year under section 10544 of this title.''.
(c) Enhancement of Functions of National Guard Bureau.--
(1) Development of charter.--Section 10503 of title 10,
United States Code, is amended--
(A) in the matter preceding paragraph (1), by
striking ``The Secretary of the Army and the Secretary
of the Air Force shall jointly develop'' and inserting
``The Secretary of Defense, in consultation with the
Secretary of the Army and the Secretary of the Air
Force, shall develop''; and
(B) in paragraph (12), by striking ``the
Secretaries'' and inserting ``the Secretary of
Defense''.
(2) Additional general functions.--Such section is further
amended--
(A) by redesignating paragraph (12), as amended by
paragraph (1)(B) of this subsection, as paragraph (13);
and
(B) by inserting after paragraph (11) the following
new paragraph (12):
``(12) Facilitating and coordinating with other Federal
agencies, and with the several States, the use of National
Guard personnel and resources for and in contingency
operations, military operations other than war, natural
disasters, support of civil authorities, and other
circumstances.''.
(3) Military assistance for civil authorities.--Chapter
1011 of such title is further amended by inserting after
section 10503 the following new section:
``Sec. 10503a. Functions of National Guard Bureau: military assistance
to civil authorities
``(a) Identification of Additional Necessary Assistance.--The Chief
of the National Guard Bureau shall--
``(1) identify gaps between Federal and State capabilities
to prepare for and respond to emergencies; and
``(2) make recommendations to the Secretary of Defense on
programs and activities of the National Guard for military
assistance to civil authorities to address such gaps.
``(b) Scope of Responsibilities.--In meeting the requirements of
subsection (a), the Chief of the National Guard Bureau shall, in
coordination with the Adjutant Generals of the States, have
responsibilities as follows:
``(1) To validate the requirements of the several States
and Territories with respect to military assistance to civil
authorities.
``(2) To develop doctrine and training requirements
relating to the provision of military assistance to civil
authorities.
``(3) To acquire equipment, materiel, and other supplies
and services for the provision of military assistance to civil
authorities.
``(4) To assist the Secretary of Defense in preparing the
budget required under section 10544 of this title.
``(5) To administer amounts provided the National Guard for
the provision of military assistance to civil authorities.
``(6) To carry out any other responsibility relating to the
provision of military assistance to civil authorities as the
Secretary of Defense shall specify.
``(c) Assistance.--The Chairman of the Joint Chiefs of Staff shall
assist the Chief of the National Guard Bureau in carrying out
activities under this section.
``(d) Consultation.--The Chief of the National Guard Bureau shall
carry out activities under this section in consultation with the
Secretary of the Army and the Secretary of the Air Force.''.
(4) Budgeting for training and equipment for military
assistance to civil authorities and other domestic missions.--
Chapter 1013 of title 10, United States Code, is amended by
adding at the end the following new section:
``Sec. 10544. National Guard training and equipment: budget for
military assistance to civil authorities and for other
domestic operations
``(a) In General.--The budget justification documents materials
submitted to Congress in support of the budget of the President for a
fiscal year (as submitted with the budget of the President under
section 1105(a) of title 31) shall specify separate amounts for
training and equipment for the National Guard for purposes of military
assistance to civil authorities and for other domestic operations
during such fiscal year.
``(b) Scope of Funding.--The amounts specified under subsection (a)
for a fiscal year shall be sufficient for purposes as follows:
``(1) The development and implementation of doctrine and
training requirements applicable to the assistance and
operations described in subsection (a) for such fiscal year.
``(2) The acquisition of equipment, materiel, and other
supplies and services necessary for the provision of such
assistance and such operations in such fiscal year.''.
(5) Limitation on increase in personnel of national guard
bureau.--The Secretary of Defense shall, to the extent
practicable, ensure that no additional personnel are assigned
to the National Guard Bureau in order to address administrative
or other requirements arising out of the amendments made by
this subsection.
(d) Conforming and Clerical Amendments.--
(1) Conforming amendment.--The heading of section 10503 of
such title is amended to read as follows:
``Sec. 10503. Functions of National Guard Bureau: charter''.
(2) Clerical amendments.--(A) The table of sections at the
beginning of chapter 1011 of such title is amended by striking
the item relating to section 10503 and inserting the following
new items:
``10503. Functions of National Guard Bureau: charter.
``10503a. Functions of National Guard Bureau: military assistance to
civil authorities.''.
(B) The table of sections at the beginning of chapter 1013
of such title is amended by adding at the end the following new
item:
``10544. National Guard training and equipment: budget for military
assistance to civil authorities and for
other domestic operations.''.
(e) Termination of Position of Assistant to Chairman of Joint
Chiefs of Staff for National Guard Matters.--Section 901 of the
National Defense Authorization Act for Fiscal Year 1998 (Public Law
105-85; 111 Stat. 1853; 10 U.S.C. 155 note) is amended to read as
follows:
``SEC. 901. ASSISTANT TO THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF FOR
RESERVE MATTERS.
``(a) In General.--There is within the Joint Staff the position of
Assistant to the Chairman of the Joint Chiefs of Staff for Reserve
Matters.
``(b) Selection.--The Assistant to the Chairman of the Joint Chiefs
of Staff for Reserve Matters shall be selected by the Chairman from
officers of the Army Reserve, the Navy Reserve, the Marine Corps
Reserve, or the Air Force Reserve who--
``(1) are recommended for such selection by the Secretary
of the military department concerned;
``(2) have had at least 10 years of commissioned service in
their reserve component; and
``(3) are in a grade above colonel or, in the case the Navy
Reserve, captain.
``(c) Term of Office.--The Assistant to the Chairman of the Joint
Chiefs of Staff for Reserve Matters serves at the pleasure of the
Chairman for a term of two years and may be continued in that
assignment in the same manner, for one additional term. However, in a
time of war there is no limit on the number of terms.
``(d) Grade.--The Assistant to the Chairman of the Joint Chiefs of
Staff for Reserve Matters while so serving, holds the grade of major
general or, in the case of the Navy Reserve, rear admiral. The officer
serving in the position shall be considered to be serving in a position
external to that officer's Armed Force for purposes of section 721 of
title 10, United States Code.
``(e) Duties.--The Assistant to the Chairman of the Joint Chiefs of
Staff for Reserve Matters is an advisor to the Chairman on matters
relating to the reserves and performs the duties prescribed for the
position by the Chairman.
``(f) Other Reserve Component Representation on Joint Staff.--The
Secretary of Defense, in consultation with the Chairman of the Joint
Chiefs of Staff, shall develop appropriate policy guidance to ensure
that, to the maximum extent practicable, the level of reserve component
officer representation within the Joint Staff is commensurate with the
significant role of the reserve components within the Total Force.''.
SEC. 3. PROMOTION OF ELIGIBLE RESERVE OFFICERS TO LIEUTENANT GENERAL
AND VICE ADMIRAL GRADES ON THE ACTIVE-DUTY LIST.
(a) Sense of Congress.--It is the sense of Congress that, whenever
officers are considered for promotion to the grade of lieutenant
general, or vice admiral in the case of the Navy, on the active duty
list, officers of the reserve components of the Armed Forces who are
eligible for promotion to such grade should be considered for promotion
to such grade.
(b) Proposal.--The Secretary of Defense shall submit to Congress a
proposal for mechanisms to achieve the objective specified in
subsection (a). The proposal shall include such recommendations for
legislative or administrative action as the Secretary considers
appropriate in order to achieve that objective.
(c) Notice Accompanying Nominations.--The President shall include
with each nomination of an officer to the grade of lieutenant general,
or vice admiral in the case of the Navy, on the active-duty list that
is submitted to the Senate for consideration a certification that all
reserve officers who were eligible for consideration for promotion to
such grade were considered in the making of such nomination.
SEC. 4. REQUIREMENT THAT POSITION OF DEPUTY COMMANDER OF THE UNITED
STATES NORTHERN COMMAND BE FILLED BY A QUALIFIED NATIONAL
GUARD OFFICER.
(a) In General.--The position of Deputy Commander of the United
States Northern Command shall be filled by a qualified officer of the
National Guard who is eligible for promotion to the grade of lieutenant
general.
(b) Purpose.--The purpose of the requirement in subsection (a) is
to ensure that information received from the National Guard Bureau
regarding the operation of the National Guard of the several States is
integrated into the plans and operations of the United States Northern
Command. | National Defense Enhancement and National Guard Empowerment Act of 2006 - Expands the: (1) authority of the Chief of the National Guard Bureau (Bureau) to include membership on the Joint Chiefs of Staff (JCS) (and raises the grade of the Chief from lieutenant general to general); and (2) functions of the Bureau to include facilitating and coordinating, with other federal agencies and the states, the use of Guard personnel and resources for, and in, contingency operations, military operations other than war, natural disasters, and support of civil authorities.
Directs the Chief to: (1) identify gaps between federal and state capabilities to prepare for and respond to emergencies; and (2) make recommendations to the Secretary of Defense on Guard programs and activities to address such gaps.
Requires annual Department of Defense (DOD) budget justification documents to include separate amounts for Guard training and equipment for military assistance to civil authorities and other domestic operations.
Establishes within the JCS an Assistant to the Chairman of the Joint Chiefs of Staff for Reserve Matters.
Expresses the sense of Congress calling for consideration of eligible reserve officers for promotion to the grades of lieutenant general or vice admiral on the active duty list.
Requires the position of Deputy Commander of the U.S. Northern Command to be filled by a qualified Guard officer eligible for promotion to the grade of lieutenant general. | {"src": "billsum_train", "title": "To amend title 10, United States Code, to enhance the national defense through empowerment of the Chief of the National Guard Bureau and the enhancement of the functions of the National Guard Bureau, and for other purposes."} | 2,862 | 295 | 0.580405 | 1.598329 | 0.724973 | 4.520755 | 9.954717 | 0.950943 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Marine and
Hydrokinetic Renewable Energy Promotion Act of 2011''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Marine and hydrokinetic renewable energy research and
development program.
Sec. 3. Test facilities.
Sec. 4. National Marine and Hydrokinetic Renewable Energy Research,
Development, and Demonstration Centers.
Sec. 5. Marine-based energy device verification program.
Sec. 6. Adaptive management and environmental grant program.
Sec. 7. Administration.
Sec. 8. Authorization of appropriations.
SEC. 2. MARINE AND HYDROKINETIC RENEWABLE ENERGY RESEARCH AND
DEVELOPMENT PROGRAM.
Section 633(a) of the Energy Independence and Security Act of 2007
(42 U.S.C. 17212(a)) is amended--
(1) in paragraph (13), by striking ``; and'' and inserting
a semicolon;
(2) in paragraph (14), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(15)(A) apply advanced systems engineering and system
integration methods to identify critical interfaces and develop
open standards for marine and hydrokinetic renewable energy;
``(B) transfer the resulting environmental data to industry
stakeholders as public information through published interface
definitions, standards, and demonstration projects; and
``(C) develop incentives for industry to comply with the
standards.''.
SEC. 3. TEST FACILITIES.
Section 633 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17212) is amended by adding at the end the following:
``(c) Test Facilities.--
``(1) In general.--In carrying out this section, not later
than 180 days after the date of enactment of this subsection,
the Secretary shall award competitive grants to support 4 or
more geographically dispersed marine and hydrokinetic renewable
energy technology research, development, and demonstration test
facilities for the demonstration of multiple technologies in
actual operating marine environments (including industry
demonstrations).
``(2) Preference.--In awarding competitive grants under
this subsection, the Secretary shall give preference to
existing marine and hydrokinetic testing facilities and
existing Centers established under section 634.
``(3) Facilities.--Grants under this subsection may
support--
``(A) modification of an existing facility
(including a Center established under section 634); or
``(B) construction of a new test facility.
``(4) Program objectives.--In awarding grants under this
subsection, the Secretary shall provide for the demonstration
of--
``(A) a variety of technologies at each test
facility;
``(B) a variety of technologies among all of the
test facilities established; and
``(C) technologies on a variety of scales.
``(5) Activities.--Each test facility established under
this subsection shall--
``(A) provide infrastructure and resources for the
evaluation and technical viability testing of marine
and hydrokinetic renewable energy technologies; and
``(B) conduct and support research, development,
and demonstration activities with respect to marine and
hydrokinetic renewable energy technologies.
``(6) Eligibility.--To be eligible for a grant under this
subsection, an applicant for a grant shall--
``(A) be--
``(i) a nonprofit institution;
``(ii) a State or local government;
``(iii) an institution of higher education;
``(iv) university consortia;
``(v) a National Laboratory; or
``(vi) a Center established under section
634; and
``(B) demonstrate to the satisfaction of the
Secretary the ability and intention to--
``(i) combine expertise from relevant
academic fields, including fields relating to--
``(I) the environment;
``(II) marine and riverine
sciences;
``(III) energy;
``(IV) ocean engineering; and
``(V) electrical, mechanical, and
civil engineering; and
``(ii) partner with other entities
(including industry) that have expertise in
advancing marine and hydrokinetic renewable
energy technologies.''.
SEC. 4. NATIONAL MARINE AND HYDROKINETIC RENEWABLE ENERGY RESEARCH,
DEVELOPMENT, AND DEMONSTRATION CENTERS.
Section 634 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17213) is amended--
(1) in the section heading, by inserting ``and
hydrokinetic'' after ``marine'';
(2) in the first sentence of subsection (a), by inserting
``and Hydrokinetic'' after ``Marine''; and
(3) by striking subsection (b) and inserting the following:
``(b) Purposes.--The Centers--
``(1) shall--
``(A) advance research, development, demonstration,
and commercial application of marine and hydrokinetic
renewable energy technologies; and
``(B) serve as information clearinghouses for the
marine and hydrokinetic renewable energy industry by
collecting and disseminating information on best
practices in all areas relating to developing and
managing marine and hydrokinetic renewable energy
technologies; and
``(2) may serve as technology test facilities established
under section 633(c).''.
SEC. 5. MARINE-BASED ENERGY DEVICE VERIFICATION PROGRAM.
The Energy Independence and Security Act of 2007 (42 U.S.C. 17211
et seq.) is amended--
(1) by redesignating sections 635 and 636 (42 U.S.C. 17214,
17215) as sections 638 and 639, respectively; and
(2) by inserting after section 634 (42 U.S.C. 17213) the
following:
``SEC. 635. MARINE-BASED ENERGY DEVICE VERIFICATION PROGRAM.
``(a) Establishment.--The Secretary shall establish a marine-based
energy device verification program to provide a bridge from the marine
and hydrokinetic renewable energy capture device design and development
efforts underway across the industry to commercial deployment of marine
and hydrokinetic renewable energy devices.
``(b) Purposes.--The purposes of the program are to fund,
facilitate the development and installation of, and evaluate marine and
hydrokinetic renewable energy projects, in partnership with Federally
Funded Research and Development Centers, and in conjunction with
Centers established under section 634, universities and other
institutions of higher education, private business entities, and other
appropriate organizations, in order--
``(1) to increase marine and hydrokinetic renewable energy
experience; and
``(2) to build and operate enough candidate devices to
obtain statistically significant operating and maintenance
data.
``(c) Objectives.--The objectives of the program shall include--
``(1) verifying the performance, reliability,
maintainability, and cost of new marine and hydrokinetic
renewable energy device designs and system components in an
operating environment;
``(2) providing States, regulators, utilities, and other
stakeholders with a valid opportunity to test and evaluate
marine and hydrokinetic renewable energy technology in new
areas;
``(3) documenting and communicating the experience from
those projects for the benefit of utilities, independent power
producers, other nonutility generators, device suppliers, and
others in the marine and hydrokinetic renewable energy
development community; and
``(4) resolving environmental issues through robust
characterization, reliable impact prediction, effective
monitoring, development, and use of adaptive management, and
informing engineering design to improve environmental
performance.''.
SEC. 6. ADAPTIVE MANAGEMENT AND ENVIRONMENTAL GRANT PROGRAM.
The Energy Independence and Security Act of 2007 (42 U.S.C. 17211
et seq.) (as amended by section 5) is amended by inserting after
section 635 the following:
``SEC. 636. ADAPTIVE MANAGEMENT AND ENVIRONMENTAL GRANT PROGRAM.
``(a) Findings.--Congress finds that--
``(1) the use of marine and hydrokinetic renewable energy
technologies can reduce contributions to global warming;
``(2) marine and hydrokinetic renewable energy technologies
can be produced domestically;
``(3) marine and hydrokinetic renewable energy is a nascent
industry; and
``(4) the United States must work to promote new renewable
energy technologies that reduce contributions to global warming
gases and improve domestic energy production.
``(b) Grant Program.--
``(1) In general.--As soon as practicable after the date of
enactment of this subsection, the Secretary shall establish a
program under which the Secretary shall award grants to
eligible entities--
``(A) to advance the development of marine and
hydrokinetic renewable energy;
``(B) to help fund the costs of environmental
analysis affecting the deployment of marine
hydrokinetic devices;
``(C) to help enable the eligible entities--
``(i) to gather and collect the types of
environmental data that are required when
working in a public resource (including the
waterways and oceans of the United States); and
``(ii) to monitor the impacts of
demonstration projects and make the resulting
information available for widespread
dissemination to aid future projects; and
``(D) to help fund the cost of advancing renewable
marine and hydrokinetic technologies in ocean and
riverine environments from demonstration projects to
development and deployment.
``(2) Application.--To be eligible to receive a grant under
this paragraph, an entity shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.''.
SEC. 7. ADMINISTRATION.
The Energy Independence and Security Act of 2007 (42 U.S.C. 17211
et seq.) (as amended by section 6) is amended by inserting after
section 636 the following:
``SEC. 637. ADMINISTRATION.
``(a) In General.--In carrying out this subtitle, the Secretary
shall--
``(1) coordinate and avoid duplication of activities across
programs of the Department and other applicable Federal
agencies, including the National Laboratories;
``(2) collaborate with (as applicable)--
``(A) industry;
``(B) stakeholders;
``(C) other Federal agencies, including the
National Laboratories;
``(D) academic institutions; and
``(E) international bodies with relevant scientific
expertise; and
``(3) obtain from the recipient of assistance and make
available to the public, through Web sites, reports, and
databases of the Department, any research, development,
demonstration, and commercial application information produced
with respect to supported technology, including information
obtained after the completion of supported activities, except
to the extent that the information is protected from disclosure
under section 552(b) of title 5, United States Code.
``(b) Reports.--Not later than 1 year after the date of enactment
of this section and at least once every 2 years thereafter, the
Secretary shall submit to Congress a report on findings and activities
conducted under this subtitle.''.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
Section 639 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17215) (as redesignated by section 5(1)) is amended to read as
follows:
``SEC. 639. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There is authorized to be appropriated to carry
out this subtitle, to remain available until expended--
``(1) $70,000,000 for fiscal year 2012; and
``(2) $75,000,000 for fiscal year 2013.
``(b) Renewable Energy Funds.--No funds shall be appropriated under
this section for activities that are receiving funds under section
931(a)(2)(E)(i) of the Energy Policy Act of 2005 (42 U.S.C.
16231(a)(2)(E)(i)).''. | Marine and Hydrokinetic Renewable Energy Promotion Act of 2011 - Amends the Energy Independence and Security Act of 2007 to require the program of marine and hydrokinetic renewable energy technology research, development, demonstration, and commercial application to: (1) apply advanced systems engineering and system integration methods to identify critical interfaces and develop open standards for marine and hydrokinetic renewable energy; (2) transfer the resulting environmental data to industry stakeholders as public information through published interface definitions, standards, and demonstration projects; and (3) develop incentives for industry to comply with such standards.
Requires the Secretary of Energy (DOE) to award competitive grants to support modifying or constructing four or more geographically dispersed marine and hydrokinetic renewable energy technology research, development, and demonstration test facilities for the demonstration of multiple technologies in actual operating environments. Requires the Secretary to give preference to existing facilities and National Marine Renewable Energy Research, Development, and Demonstration Centers.
Renames such Centers as the "National Marine and Hydrokinetic Renewable Energy Research, Development, and Demonstration Centers" and expands their research and clearinghouse duties to include hydrokinetic as well as marine renewable energy research. Authorizes such Centers to serve as technology test facilities.
Requires the Secretary to establish a marine-based energy device verification program to provide a bridge from the marine and hydrokinetic renewable energy capture device design and development efforts underway across the industry to commercial deployment of such devices.
Requires the Secretary to establish a grant program to: (1) advance the development of marine and hydrokinetic renewable energy; (2) help fund the costs of environmental analysis affecting the deployment of marine hydrokinetic devices; (3) help eligible entities to collect the types of environmental data that are required when working in a public resource, monitor the impacts of demonstration projects, and make the resulting information available for dissemination to aid future projects; and (4) help fund the cost of advancing renewable marine and hydrokinetic technologies in ocean and riverine environments from demonstration projects to development and deployment.
Authorizes appropriations for marine and hydrokinetic renewable energy technologies through FY2013. | {"src": "billsum_train", "title": "To promote marine and hydrokinetic renewable energy research and development, and for other purposes."} | 2,697 | 442 | 0.740037 | 2.675755 | 0.950477 | 5 | 6.187817 | 0.944162 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Agricultural Land Preservation Act
of 1997''.
SEC. 2. TREATMENT OF LAND SUBJECT TO A QUALIFIED CONSERVATION EASEMENT.
(a) Estate Tax With Respect to Land Subject to a Qualified
Conservation Easement.--Section 2031 of the Internal Revenue Code of
1986 (relating to the definition of gross estate) is amended by
redesignating subsection (c) as subsection (d) and by inserting after
subsection (b) the following new subsection:
``(c) Estate Tax With Respect to Land Subject to a Qualified
Conservation Easement.--
``(1) In general.--If the executor makes the election
described in paragraph (4), then, except as otherwise provided
in this subsection, there shall be excluded from the gross
estate the value of land subject to a qualified conservation
easement, reduced by the amount of any deduction under section
2055(f) with respect to such land.
``(2) Treatment of certain indebtedness.--
``(A) In general.--The exclusion provided in
paragraph (1) shall not apply to the extent that the
land is debt-financed property.
``(B) Definitions.--For purposes of this
paragraph--
``(i) Debt-financed property.--The term
`debt-financed property' means any property
with respect to which there is an acquisition
indebtedness (as defined in clause (ii)) on the
date of the decedent's death.
``(ii) Acquisition indebtedness.--The term
`acquisition indebtedness' means, with respect
to debt-financed property, the unpaid amount
of--
``(I) the indebtedness incurred by
the donor in acquiring such property,
``(II) the indebtedness incurred
before the acquisition of such property
if such indebtedness would not have
been incurred but for such acquisition.
``(III) the indebtedness incurred
after the acquisition of such property
if such indebtedness would not have
been incurred but for such acquisition
and the incurrence of such indebtedness
was reasonably foreseeable at the time
of such acquisition, except that
indebtedness incurred after the
acquisition of such property is not
acquisition indebtedness if incurred to
carry on activities directly related to
farming, ranching, forestry,
horticulture, or viticulture, and
``(IV) the extension, renewal, or
refinancing of an acquisition
indebtedness.
``(3) Treatment of retained development right.--
``(A) In general.--Paragraph (1) shall not apply to
the value of any development right retained by the
donor in the conveyance of a qualified conservation
easement.
``(B) Termination of retained development right.--
If every person in being who has an interest (whether
or not in possession) in such land shall execute an
agreement to extinguish permanently some or all of any
development rights (as defined in subparagraph (D))
retained by the donor on or before the date for filing
the return of the tax imposed by section 2001, then any
tax imposed by section 2001 shall be reduced
accordingly. Such agreement shall be filed with the
return of the tax imposed by section 2001. The
agreement shall be in such form as the Secretary shall
prescribe.
``(C) Additional tax.--Failure to implement the
agreement described in subparagraph (B) within 2 years
of the decedent's death shall result in the imposition
of an additional tax in the amount of tax which would
have been due on the retained development rights
subject to such agreement. Such additional tax shall be
due and payable on the last day of the 6th month
following the end of the 2-year period.
``(D) Development right defined.--For purposes of
this paragraph, the term `development right' means the
right to establish or use any structure and the land
immediately surrounding it for sale (other than the
sale of the structure as part of a sale of the entire
tract of land subject to the qualified conservation
easement), or other commercial purpose which is not
subordinate to and directly supportive of the activity
of farming, forestry, ranching, horticulture, or
viticulture conducted on land subject to the qualified
conservation easement in which such right is retained.
``(4) Election.--The election under this subsection shall
be made on the return of the tax imposed by section 2001. Such
an election, once made, shall be irrevocable.
``(5) Calculation of estate tax due.--An executor making
the election described in paragraph (4) shall, for purposes of
calculating the amount of tax imposed by section 2001, include
the value of any development right (as defined in paragraph
(3)) retained by the donor in the conveyance of such qualified
conservation easement. The computation of tax on any retained
development right prescribed in this paragraph shall be done in
such manner and on such forms as the Secretary shall prescribe.
``(6) Definitions.--For purposes of this subsection--
``(A) Land subject to a qualified conservation
easement.--The term `land subject to a qualified
conservation easement' means land--
``(i) which is located in or within 50
miles of an area which, on the date of the
decedent's death, is--
``(I) a metropolitan area (as
defined by the Office of Management and
Budget), or
``(II) a National Park, National
Seashore, or wilderness area designated
as part of the National Wilderness
Preservation System,
``(ii) which was owned by the decedent or a
member of the decedent's family at all times
during the 3-year period ending on the date of
the decedent's death, and
``(iii) with respect to which a qualified
conservation easement is or has been made by
the decedent or a member of the decedent's
family.
``(B) Qualified conservation easement.--
``(i) In general.--The term `qualified
conservation easement' means a qualified
conservation contribution (as defined in
section 170(h)(1)) of a qualified real property
interest (as defined in section 170(h)(2)(C)),
except that in applying section 170(h) for
purposes of this subsection--
``(I) the term `qualified real
property interest' shall not include
any structure or building constituting
a certified historic structure (as
defined in section 170(h)(4)(B)), and
``(II) the restriction on the use
of such interest described in section
170(h)(2)(C) shall include a
prohibition on commercial recreational
activity, except that the leasing of
fishing and hunting rights shall not be
considered commercial recreational
activity when such leasing is
subordinate to the activities of
farming, ranching, forestry,
horticulture or viticulture.
``(ii) Sales of qualified conservation
easements to qualify.--In the case of an
easement which would be a qualified
conservation easement but for the fact that the
easement was sold to the qualified
organization--
``(I) such easement shall be
treated as a qualified easement for
purposes of this subsection, and
``(II) references in this
subsection to the donor shall be
treated as references to the owner of
the land to which the easement relates.
``(C) Member of family.--The term `member of the
decedent's family' means any member of the family (as
defined in section 2032A(e)(2)) of the decedent.''
``(7) Application of this section to interests in
partnerships, corporations, and trusts.--The Secretary shall
prescribe regulations applying this section to an interest in a
partnership, corporation, or trust which, with respect to the
decedent, is an interest in a closely held business (within the
meaning of paragraph (1) of section 6166(b)).''
(b) Carryover Basis.--Section 1014(a) of such Code (relating to
basis of property acquired from a decedent) is amended by striking the
period at the end of paragraph (3) and inserting ``, or'' and by adding
after paragraph (3) the following new paragraph:
``(4) to the extent of the applicability of the exclusion
described in section 2031(c), the basis in the hands of the
decedent.''
(c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying after December 31, 1996.
SEC. 3. GIFT TAX ON LAND SUBJECT TO A QUALIFIED CONSERVATION EASEMENT.
(a) Gift Tax With Respect to Land Subject to a Qualified
Conservation Easement.--Section 2503 of the Internal Revenue Code of
1986 (relating to taxable gifts) is amended by adding at the end the
following new subsection:
``(h) Gift Tax With Respect to Land Subject to a Qualified
Conservation Easement.--The transfer by gift of land subject to a
qualified conservation easement shall not be treated as a transfer of
property by gift for purposes of this chapter. For purposes of this
subsection, the term `land subject to a qualified conservation
easement' has the meaning given to such term by section 2031(c); except
that references to the decedent shall be treated as references to the
donor and references to the date of the decedent's death shall be
treated as references to the date of the transfer by the donor.''
(b) Effective Date.--The amendment made by this section shall apply
to gifts made after December 31, 1996.
SEC. 4. TREATMENT UNDER ALTERNATE VALUATION OF FARM PROPERTY RULES OF
QUALIFIED CONSERVATION CONTRIBUTIONS AND LAND SUBJECT TO
QUALIFIED CONSERVATION EASEMENTS.
(a) Exceptions From Recapture Rules for Land Subject To Qualified
Conservation Easement and Qualified Conservation Contributions.--
Subsection (c) of section 2032A of the Internal Revenue Code of 1986
(relating to alternative valuation method) is amended by adding at the
end the following new paragraphs:
``(8) Exception for land subject to a qualified
conservation easement.--If qualified real property is land
subject to a qualified conservation easement (as defined in
section 2031(c)), the preceding paragraphs of this subsection
shall not apply.
``(9) Qualified conservation contribution is not a
disposition.--A qualified conservation contribution (as defined
in section 170(h)) by gift or otherwise shall not be deemed a
disposition under subsection (c)(1)(A).''
(b) Land Subject to a Qualified Conservation Easement Is Not
Disqualified.--Paragraph (1) of section 2032A(b) of such Code (relating
to alternative valuation method) is amended by adding at the end the
following new subparagraph:
``(E) If property is otherwise qualified real
property, the fact that it is land subject to a
qualified conservation easement (as defined in section
2031(c)) shall not disqualify it under this section.''
(c) Effective Date.--The amendments made by this section shall
apply to contributions made, and easements granted, after December 31,
1986.
SEC. 5. QUALIFIED CONSERVATION CONTRIBUTION WHERE SURFACE AND MINERAL
RIGHTS ARE SEPARATED.
(a) In General.--Section 170(h)(5)(B)(ii) of the Internal Revenue
Code of 1986 (relating to special rule) is amended to read as follows:
``(ii) Special rule.--With respect to any contribution of
property in which the ownership of the surface estate and
mineral interests has been and remains separated, subparagraph
(A) shall be treated as met if the probability of surface
mining occurring on such property is so remote as to be
negligible.''
(b) Effective Date.--The amendment made by this section shall apply
with respect to contributions made after December 31, 1992, in taxable
years ending after such date. | Agricultural Land Preservation Act of 1997 - Amends the Internal Revenue Code to exclude from the gross estate, if the executor so elects, the value of land subject to a qualified conservation easement, except for any debt-financed portion and reduced by any deduction taken under provisions relating to transfers for public, charitable, and religious use. Provides for the treatment of any retained development right. Adds references to such property to provisions controlling the basis of property acquired from a decedent.
Prohibits treating the transfer by gift of land subject to a qualified conservation easement as a transfer of property by gift for purposes of provisions relating to gift taxes.
Amends provisions relating to the valuation of certain farm and other real property to prohibit a qualified conservation contribution (as defined in provisions relating to charitable contributions) from being deemed a disposition unless it is subject to a conservation easement. Declares that, if property is otherwise qualified real property, being subject to a conservation easement does not disqualify it.
Allows a contribution to be treated as exclusively for conservation purposes if the surface estate and mineral interests have been and remain separated (currently, if the surface estate and mineral interests were separated before June 13, 1976, and remain separated) and if the probability of surface mining is so remote as to be negligible. | {"src": "billsum_train", "title": "Agricultural Land Preservation Act of 1997"} | 2,747 | 292 | 0.571358 | 1.649346 | 0.806062 | 2.521912 | 9.410359 | 0.848606 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``White House Conference on Autism Act
of 2009''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Autism Spectrum Disorders (ASD) are the fastest-growing
serious developmental disability in the U.S. occurring in all
racial, ethnic, and socioeconomic groups.
(2) According to the Centers for Disease Control and
Prevention's Autism and Disabilities Monitoring Network the
rate of Autism in the United States has exploded from an
estimated 1 in 10,000 during the 1980s to a the current rate of
1 in 150 demonstrating that the United States is facing an
literal epidemic of autism.
(3) The epidemic shows no sign of slowing as a new case of
autism is diagnosed almost every 20 minutes.
(4) More children will be diagnosed with autism this year
than with AIDS, diabetes, and cancer combined.
(5) Autism costs the Nation over $35,000,000,000 per year,
a figure expected to significantly increase in the next decade.
(6) Autism is a life changing condition not a life
threatening condition. Our Nation's educational, labor, housing
and medical communities are ill-equipped and undertrained to
handle a generation of autism individuals.
(7) In the long-term, this autism epidemic could
potentially deprive our Nation of a huge pool of future
military, industrial, medical, and scientific talent.
(8) Although autism spectrum disorders are an urgent
societal concern and comprehensive research is the best hope
for understanding the causes of autism and other developmental
disorders, autism receives less than 5 percent of the Federal
research funding of many less prevalent childhood diseases.
(9) In December 2006, Congress passed and President Bush
signed into law the ``Combating Autism Act of 2006,'' which
committed nearly $1,000,000,000 to autism research, including
essential research on environmental factors, treatments, and
early identification and support services.
(10) A White House Conference on Autism presents an
historic opportunity to build on the foundation of the
Combating Autism Act to advance the scientific study and
analysis of many promising cutting-edge treatments and services
for autism.
SEC. 3. AUTHORIZATION OF THE CONFERENCE.
(a) Authority To Call Conference.--Not later than December 31,
2010, the President shall call the White House Conference on Autism (in
this Act referred to as the ``Conference'') to be convened not later
than 18 months after the selection of the Policy Committee established
in section 4, in order to make fundamental policy recommendations on
ways to combat the autism epidemic in the United States and to
implement the purposes set forth in subsection (c).
(b) Planning and Direction.--The Secretary of Health and Human
Services, the Secretary of Education, and the Secretary of Housing and
Urban Development (in this Act referred to as the ``Cochairs'') shall
plan, conduct, and convene the Conference, in consultation with the
Surgeon General.
(c) Purposes of the Conference.--The purposes of the Conference are
to--
(1) galvanize a national effort to find the underlying
cause or causes of autism;
(2) identify viable solutions and valuable services to help
autistic individuals and families of autistic individuals meet
the challenges they face on a daily basis;
(3) bring together the best scientific minds to chart a
comprehensive research agenda, including the exploration of
potential environmental triggers or contributors;
(4) bring together parents of autistic children and leaders
in the field of education and social services to begin a
national dialogue about addressing the life-long challenges
faced by these children and their families;
(5) highlight emerging and innovative programs from the
public and private sectors, including community-based and
faith-based organizations that effectively serve the needs of
autistic children and adults and recommend such programs as can
be reasonably and cost-effectively replicated; and
(6) review the current structure, scope, and effectiveness
of existing legislation and programs at the Federal, State, and
local levels that provide autism research services; and to
develop such specific and comprehensive recommendations for
legislative action as may be appropriate for improving those
bills and programs with the aim of enhancing the health,
quality of life and well-being of autistic individuals and
their families.
SEC. 4. POLICY COMMITTEE; RELATED COMMITTEES.
(a) Establishment.--Not later than June 30, 2009, there is
established a Policy Committee comprising of 17 members to be selected
as follows:
(1) Presidential appointees.--Nine members shall be
selected by the President and shall include--
(A) 3 members who are officers or employees of the
United States, including the Surgeon General; and
(B) 6 members with experience in addressing the
needs of people with autism spectrum disorders in the
United States.
(2) House appointees.--
(A) Two members shall be selected by the Speaker of
the House of Representatives after consultation with
the chairperson of the Committee on Education and
Labor, and the chairperson of the Committee on Energy
and Commerce, of the House of Representatives.
(B) Two members shall be selected by the minority
leader of the House of Representatives, after
consultation with the ranking minority members of such
committees.
(3) Senate appointees.--
(A) Two members shall be selected by the majority
leader of the Senate, after consultation with members
of the Committee on Health, Education, Labor, and
Pensions, and the Committee on Banking, Housing, and
Urban Affairs of the Senate.
(B) Two members shall be selected by the minority
leader of the Senate, after consultation with members
of such committees.
(b) Special Qualifications.--Of the members of the Policy Committee
appointed under paragraph (a)(1)(B), (a)(2), and (a)(3), 50 percent
must be drawn from private industry, the nonprofit sector, or academia,
of whom--
(1) at least 1 shall be a parent or legal guardian of
individuals with autism or other pervasive developmental
disorders;
(2) at least 1 other shall be knowledgeable about autism
intervention programs and systems, including complementary and
alternative therapies;
(3) at least 1 other shall be knowledgeable about programs
specifically designed to meet the unique educational needs of
children and adults with autism;
(4) at least 1 other shall be knowledgeable about programs
specifically designed to meet the unique housing needs of
children and adults with autism;
(5) at least 1 other shall be knowledgeable about programs
specifically designed to train and educate law enforcement and
criminal justice officials to respond to the unique needs of
children and adults with autism; and
(6) at least 1 other shall be knowledgeable about
environmental or toxic exposure of adults and children as it
relates to the development of autism.
(c) Voting; Chairperson.--
(1) Voting.--The Policy Committee shall act by the vote of
a majority of the members present. A quorum of Committee
members shall be required to conduct Committee business.
(2) Chairperson.--The Surgeon General shall serve as the
chairperson of the Policy Committee. The chairperson may vote
only to break a tie vote of the other members of the Policy
Committee.
(d) Duties of the Policy Committee.--The Policy Committee shall
initially meet at the call of the Cochairs, not later than 30 days
after the last member is selected under subsection (a). Subsequent
meetings of the Policy Committee shall be held at the call of the
chairperson. Through meetings, hearings, and working sessions, the
Policy Committee shall--
(1) make recommendations to the Cochairs to facilitate the
timely convening of the Conference;
(2) submit to the Cochairs a proposed agenda for the
Conference not later than 90 days after the first meeting of
the Policy Committee;
(3) make recommendations for the delegates of the
Conference;
(4) establish the number of delegates to be selected under
section 5; and
(5) establish an executive committee consisting of 3
members of the Policy Committee to work with delegates of the
Conference.
SEC. 5. CONFERENCE DELEGATES.
To carry out the purposes of the Conference, the Cochairs shall
bring together delegates representative of the spectrum of thought in
the field of autism and neurodevelopmental disorders, without regard to
political affiliation or past partisan activity, who shall include--
(1) representatives of Federal, State, and local
governments;
(2) professional people and laypeople who are working in
the field of autism and neurodevelopmental disorders; and
(3) representatives of the general public who are affected
by autism spectrum disorders in the United States.
SEC. 6. CONFERENCE ADMINISTRATION.
(a) Administration.--In administering this section, the Cochairs
shall--
(1) provide written notice to all members of the Policy
Committee of each meeting, hearing, or working session of such
Committee not later than 48 hours before the occurrence of such
meeting, hearing, or working session;
(2) request the cooperation and assistance of the heads of
such other Federal departments and agencies as may be
appropriate, including the detailing of personnel;
(3) make available for public comment a proposed agenda
prepared by the Policy Committee, which will reflect to the
greatest extent possible the major issues facing the field of
autism consistent with the purposes of the Conference set forth
in section 3(c);
(4) prepare and make available background materials that
the Cochairs deem necessary for the use of delegates to the
Conference; and
(5) employ such additional personnel as may be necessary to
carry out the provisions of this Act without regard to
provisions of title 5, United States Code, governing
appointments in the competitive service, and without regard to
chapter 51 and subchapter III of chapter 53 of such title
relating to classification and General Schedule pay rates.
(b) Duties.--In carrying out the Cochairs's responsibilities and
functions under this section, the Cochairs shall ensure that--
(1) the proposed agenda prepared under subsection (a)(3) is
published in the Federal Register not later than 30 days after
such agenda is approved by the Policy Committee;
(2) the personnel employed under subsection (a)(5) are
fairly balanced in terms of points of views represented and are
appointed without regard to political affiliation or previous
partisan activities;
(3) the recommendations of the Conference are not
inappropriately influenced by any public official or by any
special interest, but instead are the result of the independent
and collective judgment of the delegates of the Conference; and
(4) before the Conference is convened--
(A) current and adequate statistical data
(including decennial census data) and other information
on autism spectrum disorders in the United States; and
(B) such information as may be necessary to
evaluate Federal programs and policies relating to
autism spectrum disorders;
which the Cochairs may obtain by making grants to or entering
into an agreement with, public agencies or nonprofit
organizations, are readily available in advance of the
Conference to the delegates.
(c) Gifts.--The Cochairs may accept, on behalf of the United
States, gifts (in cash or in kind, including voluntary and
uncompensated services), which shall be available to carry out this
Act. Gifts of cash shall be available in addition to amounts
appropriated to carry out this title. Gifts may be earmarked by the
donor or the executive committee for a specific purpose.
(d) Records.--The Cochairs shall maintain records regarding--
(1) the sources, amounts, and uses of gifts accepted under
subsection (c); and
(2) the identity of each person receiving assistance to
carry out this Act, and the amount of such assistance received
by each such person.
SEC. 7. REPORT OF THE CONFERENCE.
(a) Preliminary Report.--Not later than 100 days after the
Conference adjourns, the Policy Committee shall prepare a preliminary
report on the Conference which shall be published in the Federal
Register and submitted to the chief executive officers of the States.
The Policy Committee shall request that the chief executive officers of
the States submit to the Policy Committee, not later than 45 days after
receiving such report, their views and findings on such report.
(b) Final Report.--Not later than 6 months after the date on which
the Conference adjourns, the Policy Committee shall--
(1) prepare a final report of the Conference which shall
include a compilation of the views and findings of the chief
executive officers of the States received under subsection (a);
and
(2) publish in the Federal Register, and transmit to the
President and to Congress, the recommendations for the
administrative action and the legislation necessary to
implement the recommendations contained in such report.
SEC. 8. STATUS REPORTS.
(a) Initial Status Report.--Not later than 2 years after the date
on which the Conference adjourns, the Surgeon General shall--
(1) prepare a status report documenting the implementation
of the recommendations contained in the final report described
in section 7(b)(1); and
(2) publish in the Federal Register, and transmit to the
President and to Congress, such status report.
(b) Subsequent Status Reports.--Not later than 5 years after the
date on which the Conference adjourns, and every 5 years thereafter
until all recommendations in the final report described in section
7(b)(1) are achieved, the Comptroller General shall--
(1) prepare a status report documenting the implementation
of the recommendations contained in such final report; and
(2) publish in the Federal Register, and transmit to the
President and to Congress, such status report.
SEC. 9. DEFINITION OF STATE.
For the purposes of this Act, the term ``State'' means any of the
several States, the District of Columbia, the Commonwealth of Puerto
Rico, Guam, American Samoa, the Virgin Islands of the United States, or
the Commonwealth of the Northern Mariana Islands.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization.--
(1) In general.--There are authorized to be appropriated to
carry out this Act--
(A) such sums as may be necessary for the first
fiscal year in which the Policy Committee plans the
Conference and for the following fiscal year; and
(B) such sums as may be necessary for the fiscal
year in which the Conference is held.
(2) Limitation.--Any new spending authority or new
authority to enter into contracts under this Act, and under
which the United States is obligated to make outlays, shall be
effective only to the extent, and in such amounts, as are
provided in advance in appropriations Acts.
(b) Availability of Funds.--
(1) In general.--Except as provided in paragraph (3), funds
appropriated to carry out this Act and funds received as gifts
under section 6(c) shall remain available for obligation or
expenditure until the expiration of the 1-year period beginning
on the date the Conference adjourns.
(2) Unobligated funds.--Except as provided in paragraph
(3), any such funds neither expended nor obligated before the
expiration of the 1-year period beginning on the date the
Conference adjourns shall be returned to the United States
Treasury.
(3) Conference not convened.--If the Conference is not
convened before December 31, 2010, a trust fund shall be
established and such funds shall only be available for a future
Conference on Autism. | White House Conference on Autism Act of 2009 - Requires the President, by December 31, 2010, to call the White House Conference on Autism (to be convened within 18 months of the selection of a Policy Committee) to make fundamental policy recommendations on ways to combat the autism epidemic in the United States.
Sets forth as purposes of the Conference to: (1) galvanize a national effort to find the underlying causes of autism; (2) identify viable solutions and valuable services to help autistic individuals and their families; (3) bring together the best scientific minds to chart a comprehensive research agenda; (4) bring together parents of autistic children and leaders in the fields of education and social services to begin a national dialogue on the challenges faced by these children and their families; (5) highlight emerging and innovative programs that effectively serve the needs of autistic children and adults; and (6) review the effectiveness of existing legislation and programs that provide autism research services and develop recommendations for legislative action for improvements. | {"src": "billsum_train", "title": "To require the President to call a White House Conference on Autism."} | 3,219 | 206 | 0.549127 | 1.66763 | 0.718949 | 6.13198 | 16.025381 | 0.974619 |
SECTION 1. PROCEDURES FOR SEEKING COMPENSATION.
(a) In General.--Chapter 4 of title 39, United States Code, is
amended by adding at the end the following:
``Sec. 414. Compensation for certain wrongfully arrested individuals
``(a) Not later than 90 days after the date of the enactment of
this section, the Judicial Officer shall by regulation establish
procedures under which any individual described in subsection (b)(1)(A)
may seek compensation under this section.
``(b) The regulations shall include provisions under which--
``(1) a petition for compensation may be brought--
``(A) by any individual--
``(i) arrested by the Postal Inspection
Service--
``(I) after December 31, 1983;
``(II) pursuant to any
investigation in which one or more paid
confidential informants were used;
``(III) for violating any law of
the United States, or of any State,
prohibiting the use, sale, or
possession of a controlled substance;
but
``(ii) who is not convicted, pursuant to
such arrest, of a violation of any law
described in clause (i);
``(B) after all administrative and judicial
procedures otherwise available to petitioner for
seeking compensation in connection with the arrest have
been exhausted, but not later than 2 years after the
date as of which--
``(i) the exhaustion requirement is met; or
``(ii) if later, any such petition may
first be filed under this section; and
``(C) notwithstanding section 2676 or 2679 of title
28 or any other provision of law;
``(2) a petition for compensation under this section shall
be considered by a panel of 3 administrative law judges who
shall be--
``(A) qualified by virtue of their background,
objectivity, and experience; and
``(B) individuals detailed to the Postal Service,
for purposes of this section, on a reimbursable basis;
``(3) the provisions of sections 556 and 557 of title 5
shall apply to any proceeding conducted by a panel of
administrative law judges under this section;
``(4) a panel may award such amount to a petitioner as the
panel considers appropriate to compensate petitioner for any
harm or injury, resulting from petitioner's wrongful arrest,
suffered by--
``(A) the petitioner;
``(B) the petitioner's spouse, if any; or
``(C) a child of the petitioner, if any;
except that not more than a total of $500,000 may be awarded to
a petitioner under this section in connection with any
particular arrest; and
``(5) compensation awarded under this section--
``(A) shall be payable out of the Postal Service
Fund; and
``(B) shall be computed taking into account the
nature and degree of the harm or injury suffered, the
degree to which the Postal Inspection Service failed to
take reasonable precautions to prevent any such
wrongful arrest from occurring, any history or pattern
of similar wrongful arrests by the Postal Inspection
Service, any compensation awarded in any earlier
proceeding in connection with petitioner's arrest, and
such other factors as the panel considers appropriate.
``(c) A determination under this section shall not be subject to
any administrative or judicial review.
``(d) For purposes of this section--
``(1) the term `Judicial Officer' means the Judicial
Officer appointed under section 204;
``(2) the term `controlled substance' has the meaning given
such term by section 102(6) of the Controlled Drug Abuse
Prevention and Control Act of 1970;
``(3) the term `administrative law judge' means an
administrative law judge appointed under section 3105 of title
5; and
``(4) a confidential informant shall be considered to be
`paid' if such informant receives, or is to receive, a monetary
or nonmonetary benefit (including any forbearance from a civil
or criminal action) for the services involved.''.
(b) Chapter Analysis.--The analysis for chapter 4 of title 39,
United States Code, is amended by adding at the end the following:
``414. Compensation for certain wrongfully arrested individuals.''. | Requires the Judicial Officer of the U.S. Postal Service to establish procedures under which any individual arrested by the Postal Inspection Service (PIS) (pursuant to any investigation in which a paid confidential informant was used) after December 31, 1983, for violating a law prohibiting the use, sale, or possession of a controlled substance, who is not convicted of such offense, may seek compensation after exhausting all administrative and judicial procedures otherwise available.
Requires a petition to be considered by a panel of three administrative law judges. Authorizes the panel to award such amount to a petitioner as it considers appropriate (up to $500,000) to compensate the individual for any harm or injury suffered by the petitioner or his or her spouse or child resulting from the petitioner's wrongful arrest. Requires the compensation to be: (1) payable out of the Postal Service Fund; and (2) computed taking into account the nature and degree of the harm or injury suffered, the degree to which the PIS failed to take reasonable precautions to prevent any such wrongful arrest from occurring, any history or pattern of similar wrongful arrests by PIS, and any compensation awarded in any earlier proceeding in connection with the petitioner's arrest.
Exempts the panel's determinations from administrative or judicial review. | {"src": "billsum_train", "title": "To amend title 39, United States Code, to provide for procedures under which persons wrongfully arrested by the Postal Inspection Service on narcotics charges may seek compensation from the United States Postal Service."} | 946 | 292 | 0.631326 | 2.045532 | 0.836937 | 3.771429 | 3.693878 | 0.914286 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stimulating Innovation through
Procurement Act of 2017''.
SEC. 2. DEFINITION OF SENIOR PROCUREMENT EXECUTIVE.
Section 9(e) of the Small Business Act (15 U.S.C. 638(e)) is
amended--
(1) in paragraph (12)(B), by striking ``and'' at the end;
(2) in paragraph (13)(B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(13) the term `senior procurement executive' means an
official designated under section 1702(c) of title 41, United
States Code, as the senior procurement executive of a Federal
agency participating in a SBIR or STTR program.''.
SEC. 3. INCLUSION OF SENIOR PROCUREMENT EXECUTIVES IN SBIR AND STTR.
(a) In General.--Section 9(b) of the Small Business Act (15 U.S.C.
638(b)) is amended--
(1) in paragraph (8), by striking ``and'' at the end;
(2) in paragraph (9), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(10) to coordinate, where appropriate, with the senior
procurement executive of the relevant Federal agency to assist
small business concerns participating in a SBIR or STTR program
with commercializing research developed under such a program
before such small business concern is awarded a contract from
such Federal agency.''.
(b) Technical Amendment.--Section 9(b)(3) of the Small Business Act
(15 U.S.C. 638(b)(3)) is amended by striking ``and'' at the end.
SEC. 4. MODIFICATIONS RELATING TO PROCUREMENT CENTER REPRESENTATIVES
AND OTHER ACQUISITION PERSONNEL.
(a) SBIR Amendment.--Section 9(j) of the Small Business Act (15
U.S.C. 638(j)) is amended by adding at the end the following new
paragraph:
``(4) Modifications relating to procurement center
representatives.--Upon the enactment of this paragraph, the
Administrator shall modify the policy directives issued
pursuant to this subsection to require procurement center
representatives (as described in section 15(l)) to assist small
business concerns participating in the SBIR program with
researching solicitations for the award of a Federal contract
(particularly with the Federal agency that has a funding
agreement with the concern) and to provide technical assistance
to such concerns to submit a bid for an award of a Federal
contract. The procurement center representatives shall
coordinate with the appropriate senior procurement executive
and the appropriate Director of the Office of Small and
Disadvantaged Business Utilization established pursuant to
section 15(k) for the agency letting the contract.''.
(b) STTR Amendment.--Section 9(p)(2) of the Small Business Act (15
U.S.C. 638(p)(2)) is amended--
(1) in subparagraph (E)(ii), by striking ``and'' at the
end;
(2) in subparagraph (F), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(G) procedures to ensure that procurement center
representatives (as described in section 15(l))--
``(i) assist small business concerns
participating in the STTR program with
researching applicable solicitations for the
award of a Federal contract (particularly with
the Federal agency that has a funding agreement
with the concern);
``(ii) provide technical assistance to such
concerns to submit a bid for an award of a
Federal contract; and
``(iii) coordinate with the appropriate
senior procurement executive and the
appropriate Director of the Office of Small and
Disadvantaged Business Utilization established
pursuant to section 15(k) for the Federal
agency letting the contract in providing the
assistance described in clause (i).''.
SEC. 5. AMENDMENT TO DUTIES OF PROCUREMENT CENTER REPRESENTATIVES.
Section 15(l)(2) of the Small Business Act (15 U.S.C. 644(l)(2)) is
amended--
(1) in subparagraph (I), by striking ``and'' at the end;
(2) by redesignating subparagraph (J) as subparagraph (L);
and
(3) by inserting after subparagraph (I) the following new
subparagraphs:
``(J) assist small business concerns participating
in a SBIR or STTR program under section 9 with
researching applicable solicitations for the award of a
Federal contract to market the research developed by
such concern under such SBIR or STTR program;
``(K) provide technical assistance to small
business concerns participating in a SBIR or STTR
program under section 9 to submit a bid for an award of
a Federal contract, including coordination with the
appropriate senior procurement executive and the
appropriate Director of the Office of Small and
Disadvantaged Business Utilization established pursuant
to subsection (k) for the agency letting the contract;
and''.
SEC. 6. AMENDMENT TO THE DUTIES OF THE DIRECTOR OF SMALL AND
DISADVANTAGED BUSINESS UTILIZATION FOR FEDERAL AGENCIES.
Section 15(k) of the Small Business Act (15 U.S.C. 644(k)) is
amended--
(1) in paragraph (19), by striking ``and'' at the end;
(2) in paragraph (20), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(21) shall assist small business concerns participating
in a SBIR or STTR program under section 9 with researching
applicable solicitations for the award of a Federal contract
(particularly with the Federal agency that has a funding
agreement (as defined under section 9) with the concern) to
market the research developed by such concern under such SBIR
or STTR program; and
``(22) shall provide technical assistance to small business
concerns participating in a SBIR or STTR program under section
9 to submit a bid for an award of a Federal contract, including
coordination with procurement center representatives and the
appropriate senior procurement executive for the agency letting
the contract.''. | Stimulating Innovation through Procurement Act of 2017 This bill amends the Small Business Act to require: the Small Business Administration (SBA) to coordinate with the senior procurement executives of federal agencies participating in a Small Business Innovation Research (SBIR) Program or a Small Business Technology Transfer (STTR) Program to assist small businesses participating in such programs with commercializing research before the business is awarded a federal contract; the SBA to modify its policy directives to require procurement center representatives to assist small businesses participating in SBIR or STTR programs with researching solicitations for federal contracts and submitting bids; and each Office of Small and Disadvantaged Business Utilization to assist small businesses participating in SBIR or STTR programs with researching solicitations for federal contracts and submitting bids. | {"src": "billsum_train", "title": "Stimulating Innovation through Procurement Act of 2017"} | 1,452 | 168 | 0.62838 | 1.756565 | 0.912371 | 1.992754 | 9.065217 | 0.833333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Diabetes Research Amendments of
1997''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Approximately 16,000,000 Americans suffer from
diabetes, and another 650,000 will be newly diagnosed during
1997.
(2) Diabetes and its complications are a leading cause of
death by disease in America, and reduce life expectancy by up
to 30 percent. During 1997 diabetes and its complications will
contribute to the deaths of more than 170,000 Americans.
(3) The total health-care-related costs of diabetes,
consisting of hospital stays, nursing home services, physician
care, laboratory tests, and pharmaceutical products, total over
$130,000,000,000 per year.
(4) Diabetes is the leading cause of new cases of blindness
in the United States, with 24,000 new cases resulting from
diabetes each year.
(5) One-third of all kidney dialysis patients have
diabetes-related kidney failure.
(6) Diabetes is a leading risk factor for coronary artery
disease overall, and in particular for women between the ages
of 30 and 55. Women with either Type I or Type II diabetes have
almost a two-fold risk of developing coronary artery disease.
(7) Diabetic neuropathy affects 90 percent of people with
long-term diabetes and is a major contributor to lower
extremity amputations. Patients with diabetes account for more
than half of all leg amputations in the United States.
(8) Sixty to 65 percent of people with diabetes are
affected by hypertension.
(9) African Americans, Hispanic Americans, and Native
Americans are at 1\1/2\ to 2\1/2\ times greater risk of
developing diabetes.
SEC. 3. ESTABLISHMENT OF PLAN FOR DIABETES-RELATED ACTIVITIES OF
NATIONAL INSTITUTES OF HEALTH.
(a) In General.--Subpart 3 of part C of title IV of the Public
Health Service Act (42 U.S.C. 285c et seq.) is amended by inserting
after section 432 the following section:
``plan regarding diabetes
``Sec. 432A. (a) With respect to activities of the National
Institutes of Health that relate to diabetes, the Director of the
National Institute of Diabetes and Digestive and Kidney Diseases, and
the Diabetes Mellitus Interagency Coordinating Committee established
under section 429, shall--
``(1) establish a comprehensive plan for the conduct and
support of such activities of the Institute, and of each other
agency of the National Institutes of Health that has
responsibilities regarding diabetes, which plan shall have the
goal of developing future diabetes research initiatives and
direction;
``(2) ensure that such plan establishes priorities among
such activities; and
``(3) review the plan not less than annually, and revise
the plan as appropriate.
``(b) Not later than 12 months after the date of the enactment of
the Diabetes Research Amendments of 1997, the Director of the Institute
and the Diabetes Mellitus Interagency Coordinating Committee shall
establish the initial plan under subsection (a) and shall submit the
plan to the Congress.''.
(b) Diabetes Research-Plan Working Group.--
(1) Establishment.--The Director of the National Institutes
of Health shall establish a Diabetes Research-Plan Working
Group (in this subsection referred to as the ``Working
Group'').
(2) Duties.--The Working Group shall consult with the
Director of the National Institute of Diabetes and Digestive
and Kidney Diseases, and the Diabetes Mellitus Interagency
Coordinating Committee, for the purpose of providing advice to
the Director and the Coordinating Committee on the development
of the initial plan referred to in section 432A(b) of the
Public Health Service Act (as added by subsection (a) of this
section).
(3) Composition.--
(A) In general.--The Working Group shall in
accordance with this paragraph be composed of not more
than 30 members appointed by the Director of the
National Institutes of Health or selected by such
Director as ex officio members.
(B) Participation of certain agencies.--The members
of the Working Group shall include one or more
representatives from each of the following agencies:
(i) The National Institute of Diabetes and
Digestive and Kidney Diseases.
(ii) The National Eye Institute.
(iii) The National Heart, Lung, and Blood
Institute.
(iv) The National Institute of Allergy and
Infectious Diseases.
(v) The National Institute of Child Health
and Human Development.
(vi) The National Institute of Dental
Research.
(vii) The National Institute of General
Medical Sciences.
(viii) The National Institute of
Neurological Disorders and Stroke.
(ix) The National Center for Research
Resources.
(x) The National Center for Human Genome
Research.
(C) Participation of private sector.--The appointed
members of the Working Group shall include individuals
appointed from among individuals who are not officers
or employees of the Federal Government, which
individuals shall include leading diabetes researchers,
leaders from the health care industry, and leaders of
organizations that represent individuals with diabetes.
(4) Chair.--The Director of the National Institutes of
Health shall select a member of the Working Group to serve as
the chair of the Group. The chair shall be an individual who
was appointed to the Group from among individuals who were not
officers or employees of the Federal Government.
(5) Date certain for appointments.--The Director of the
National Institutes of Health shall complete appointments to
the Working Group not later than the expiration of the 90-day
period beginning on the date of the enactment of this Act.
(6) Termination.--The Working Group terminates upon the
expiration of the 30-day period beginning on the date on which
the plan referred to in paragraph (2) is submitted to the
Congress.
(c) Conforming Amendment Regarding Biennial Report to Congress.--
Section 433(1) of the Public Health Service Act (42 U.S.C. 285c-7(1))
is amended by striking ``current diabetes plan'' and all that follows
through the semicolon at the end and inserting ``diabetes plan under
section 432A;''. | Diabetes Research Amendments of 1997 - Amends the Public Health Service Act to require the National Institute of Diabetes and Digestive and Kidney Diseases and the Diabetes Mellitus Interagency Coordinating Committee to establish a comprehensive plan for the conduct and support of diabetes research. Mandates establishment of a Diabetes Research-Plan Working Group. | {"src": "billsum_train", "title": "Diabetes Research Amendments of 1997"} | 1,351 | 73 | 0.499474 | 1.195266 | 0.985196 | 4.859649 | 21.894737 | 0.929825 |
SECTION 1. SHORT TITLES.
This Act may be cited as the ``Strengthening Privacy, Oversight,
and Transparency Act'' or the ``SPOT Act''.
SEC. 2. INCLUSION OF FOREIGN INTELLIGENCE ACTIVITIES IN OVERSIGHT
AUTHORITY OF THE PRIVACY AND CIVIL LIBERTIES OVERSIGHT
BOARD.
Section 1061 of the Intelligence Reform and Terrorism Prevention
Act of 2004 (42 U.S.C. 2000ee) is amended by inserting ``and conduct
foreign intelligence activities'' after ``terrorism'' in the following
provisions:
(1) Paragraphs (1) and (2) of subsection (c).
(2) Subparagraphs (A) and (B) of subsection (d)(1).
(3) Subparagraphs (A), (B), and (C) of subsection (d)(2).
SEC. 3. SUBMISSION OF WHISTLEBLOWER COMPLAINTS TO THE PRIVACY AND CIVIL
LIBERTIES OVERSIGHT BOARD.
Section 1061 of the Intelligence Reform and Terrorism Prevention
Act of 2004 (42 U.S.C. 2000ee), as amended by section 2, is further
amended--
(1) in subsection (d), by adding at the end the following
new paragraph:
``(5) Whistleblower complaints.--
``(A) Submission to board.--An employee of, or
contractor or detailee to, an element of the
intelligence community may submit to the Board a
complaint or information that such employee,
contractor, or detailee believes relates to a privacy
or civil liberties concern.
``(B) Authority of board.--The Board may take such
action as the Board considers appropriate with respect
to investigating a complaint or information submitted
under subparagraph (A) or transmitting such complaint
or information to any other Executive agency or the
congressional intelligence committees.
``(C) Relationship to existing laws.--The authority
under subparagraph (A) of an employee, contractor, or
detailee to submit to the Board a complaint or
information shall be in addition to any other authority
under another provision of law to submit a complaint or
information. Any action taken under any other provision
of law by the recipient of a complaint or information
shall not preclude the Board from taking action
relating to the same complaint or information.
``(D) Relationship to actions taken under other
laws.--Nothing in this paragraph shall prevent--
``(i) any individual from submitting a
complaint or information to any authorized
recipient of the complaint or information; or
``(ii) the recipient of a complaint or
information from taking independent action on
the complaint or information.''; and
(2) by adding at the end the following new subsection:
``(n) Definitions.--In this section, the terms `congressional
intelligence committees' and `intelligence community' have the meaning
given such terms in section 3 of the National Security Act of 1947 (50
U.S.C. 3003).''.
SEC. 4. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD SUBPOENA POWER.
Section 1061(g) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (42 U.S.C. 2000ee(g)) is amended--
(1) in paragraph (1)(D), by striking ``submit a written
request to the Attorney General of the United States that the
Attorney General'';
(2) by striking paragraph (2); and
(3) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively.
SEC. 5. APPOINTMENT OF STAFF OF THE PRIVACY AND CIVIL LIBERTIES
OVERSIGHT BOARD.
Section 1061(j) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (42 U.S.C. 2000ee(j)) is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) Appointment in absence of chairman.--If the position
of chairman of the Board is vacant, during the period of the
vacancy the Board, at the direction of the majority of the
members of the Board, may exercise the authority of the
chairman under paragraph (1).''.
SEC. 6. TENURE AND COMPENSATION OF PRIVACY AND CIVIL LIBERTIES
OVERSIGHT BOARD MEMBERS AND STAFF.
(a) In General.--Section 1061 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee), as amended by
sections 2 and 3, is further amended--
(1) in subsection (h)--
(A) in paragraph (1), by inserting ``full-time''
after ``4 additional''; and
(B) in paragraph (4)(B), by striking ``, except
that'' and all that follows through the end and
inserting a period;
(2) in subsection (i)(1)--
(A) in subparagraph (A), by striking ``level III of
the Executive Schedule under section 5314'' and
inserting ``level II of the Executive Schedule under
section 5313''; and
(B) in subparagraph (B), by striking ``level IV of
the Executive Schedule'' and all that follows through
the end and inserting ``level III of the Executive
Schedule under section 5314 of title 5, United States
Code.''; and
(3) in subsection (j)(1), by striking ``level V of the
Executive Schedule under section 5316'' and inserting ``level
IV of the Executive Schedule under section 5315''.
(b) Effective Date; Applicability.--
(1) In general.--The amendments made by subsection (a)
shall--
(A) take effect on the date of enactment of this
Act; and
(B) except as provided in paragraph (2), apply to
any appointment to a position as a member of the
Privacy and Civil Liberties Oversight Board made on or
after the date of the enactment of this Act.
(2) Exceptions.--
(A) Compensation changes.--The amendments made by
paragraphs (2)(A) and (3) of subsection (a) shall take
effect on the first day of the first pay period
beginning after the date of the enactment of this Act.
(B) Election to serve full time by incumbents.--
(i) In general.--An individual serving as a
member of the Privacy and Civil Liberties
Oversight Board on the date of the enactment of
this Act, including a member continuing to
serve as a member under section 1061(h)(4)(B)
of the Intelligence Reform and Terrorism
Prevention Act of 2004 (42 U.S.C.
2000ee(h)(4)(B)), (in this subparagraph
referred to as a ``current member'') may make
an election to--
(I) serve as a member of the
Privacy and Civil Liberties Oversight
Board on a full-time basis and in
accordance with section 1061 of the
Intelligence Reform and Terrorism
Prevention Act of 2004 (42 U.S.C.
2000ee), as amended by this Act; or
(II) serve as a member of the
Privacy and Civil Liberties Oversight
Board on a part-time basis in
accordance with such section 1061, as
in effect on the day before the date of
enactment of this Act, including the
limitation on service after the
expiration of the term of the member
under subsection (h)(4)(B) of such
section, as in effect on the day before
the date of the enactment of this Act.
(ii) Election to serve full time.--A
current member making an election under clause
(i)(I) shall begin serving as a member of the
Privacy and Civil Liberties Oversight Board on
a full-time basis on the first day of the first
pay period beginning not less than 60 days
after the date on which the current member
makes the election.
SEC. 7. PROVISION OF INFORMATION ABOUT GOVERNMENT ACTIVITIES UNDER THE
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978 TO THE
PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.
The Attorney General should fully inform the Privacy and Civil
Liberties Oversight Board about any activities carried out by the
Government under the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801 et seq.), including by providing to the Board--
(1) copies of each detailed report submitted to a committee
of Congress under such Act; and
(2) copies of each decision, order, and opinion of the
Foreign Intelligence Surveillance Court or the Foreign
Intelligence Surveillance Court of Review required to be
included in the report under section 601(a) of such Act (50
U.S.C. 1871(a)). | Strengthening Privacy, Oversight, and Transparency Act or the SPOT Act Amends the Intelligence Reform and Terrorism Prevention Act of 2004 to expand the functions of the Privacy and Civil Liberties Oversight Board (PCLOB) to include reviews of legislation, regulations, policies, and executive branch actions relating to foreign intelligence. Allows intelligence community employees, contractors, or detailees to submit to the PCLOB a whistleblower complaint or information believed to be related to a privacy or civil liberties concern. Permits the PCLOB to: (1) investigate such complaints, or (2) transmit such complaints to any other executive agency or the congressional intelligence committees. Authorizes the PCLOB to subpoena persons (other than agencies and elements of the executive branch) to produce documentary or testimonial evidence. (Currently, the PCLOB submits a request for the Attorney General to issue a subpoena.) Permits the PCLOB, at the direction of the majority of its members, to exercise the authority of the PCLOB chairman to appoint and fix compensation of PCLOB staff when the position of chairman is vacant. Provides for members of the PCLOB to serve in a full-time capacity. Removes exceptions to the requirement that members continue to serve after the expiration of their term of office until a successor has been appointed and qualified. Revises the compensation of the PCLOB chairman, members, and staff. Directs the Attorney General to fully inform the PCLOB about government activities under the Foreign Intelligence Surveillance Act of 1978 (FISA), including by providing to the PCLOB copies of: (1) FISA reports submitted to Congress; and (2) FISA court decisions, orders, and opinions that include significant construction or interpretation of FISA. | {"src": "billsum_train", "title": "SPOT Act"} | 2,039 | 397 | 0.519247 | 1.718987 | 0.846457 | 2.309148 | 5.429022 | 0.750789 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Growth Opportunity Act of 2007''.
SEC. 2. GRANTS FOR STATES TO ESTABLISH REVOLVING LOAN FUNDS TO PROVIDE
LOANS TO SMALL MANUFACTURERS.
(a) Definitions.--In this section:
(1) Center.--The term ``Center'' means a Regional Center
for the Transfer of Manufacturing Technology described in
section 25 of the National Institute of Standards and
Technology Act (15 U.S.C. 278k).
(2) Manufacturing extension partnership program.--The term
``Manufacturing Extension Partnership program'' means the
program under sections 25 and 26 of the National Institute of
Standards and Technology Act (15 U.S.C. 278k and 278l).
(3) Revolving loan fund.--The term ``revolving loan fund''
means a revolving loan fund described in subsection (d).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(5) Small manufacturer.--The term ``small manufacturer''
means a manufacturer with less than $50,000,000 in annual
sales.
(b) Grants Authorized.--
(1) In general.--The Secretary is authorized to award
grants to States to establish revolving loan funds.
(2) Maximum amount.--The Secretary may not award a grant
under this section in an amount that exceeds $10,000,000.
(3) Multiple grant awards.--A State may not receive more
than 1 grant under this section in any fiscal year.
(c) Criteria for the Awarding of Grants.--
(1) Matching funds.--The Secretary may not make a grant to
a State under this section unless the State agrees to provide
contributions in an amount equal to not less than 25 percent of
the Federal funds provided under the grant.
(2) Administrative costs.--A State receiving a grant under
this section may only use such amount of the grant for the
costs of administering the revolving loan fund as the Secretary
shall provide in regulations.
(3) Preference.--In awarding grants each year, the
Secretary shall give preference to States that have not
previously been awarded a grant under this section.
(4) Application.--
(A) In general.--Each State seeking a grant under
this section shall submit to the Secretary an
application therefor in such form and in such manner as
the Secretary considers appropriate.
(B) Content.--Each application submitted under
subparagraph (A) shall contain the following:
(i) Evidence that the applicant can
establish and administer a revolving loan fund.
(ii) The applicant's need for a grant under
this section.
(iii) The impact that receipt of a grant
under this section would have on the applicant.
(d) Revolving Loan Funds.--
(1) In general.--A State receiving a grant under this
section shall establish, maintain, and administer a revolving
loan fund in accordance with this subsection.
(2) Deposits.--A revolving loan fund shall consist of the
following:
(A) Amounts from grants awarded under this section.
(B) All amounts held or received by the State
incident to the provision of loans described in
subsection (e), including all collections of principal
and interest.
(3) Expenditures.--Amounts in the revolving loan fund shall
be available for the provision and administration of loans in
accordance with subsection (e).
(4) Administration.--A State may enter into an agreement
with a Center to administer a revolving loan fund.
(e) Loans.--
(1) In general.--A State receiving a grant under this
section shall use the amount in the revolving loan fund to make
the following loans:
(A) Stage-1 loans.--A stage-1 loan means a loan
made to a small manufacturer in an amount not to exceed
$50,000, for new product development to conduct the
following:
(i) Patent research.
(ii) Market research.
(iii) Technical feasibility testing.
(iv) Competitive analysis.
(B) Stage-2 loans.--A stage-2 loan means a loan
made to a small manufacturer in an amount not to exceed
$100,000 to develop a prototype of and test a new
product.
(2) Loan terms and conditions.--The following shall apply
with respect to loans provided under paragraph (1):
(A) Duration.--Except as provided in subparagraph
(B), loans shall be for a period not to exceed 10
years.
(B) Prepayment.--A recipient of a loan may prepay
such loan before the end of the duration of such loan
without penalty.
(C) Interest rate.--Loans shall bear interest at a
rate of 3.5 percent annually.
(D) Accrual of interest.--Loans shall accrue
interest during the entire duration of the loan.
(E) Payment of interest.--A State may not require a
recipient of a loan to make interest payments on such
loan during the first 3 years of such loan.
(F) Collateral.--No collateral or personal guaranty
shall be required for receipt of a loan.
(G) Secured interest in intellectual property.--
Each loan shall be secured by an interest in any
intellectual property developed by the recipient of
such loan through the use of amounts from such loan.
(H) Development of business plans and budgets.--
Each recipient of a loan shall develop, in cooperation
with a Center, a business plan and a budget for the use
of loan amounts.
(I) Preference for loan applicants that participate
in the manufacturing extension partnership program.--In
selecting small manufacturers to receive a loan, a
recipient of a grant under this section shall give
preference to small manufacturers that are participants
in the Manufacturing Extension Partnership program.
(J) Location of product development.--Each
recipient of a loan shall commit to developing and
manufacturing the product for which a loan is sought in
the State that provides the loan for the duration of
the loan if such product is developed during such
duration.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out the provisions of this
section, $52,000,000 for each of fiscal years 2008 through 2014, of
which--
(1) $50,000,000 shall be for providing grants under this
section; and
(2) $2,000,000 shall be for the costs of administering
grants awarded under this section. | Growth Opportunity Act of 2007 - Authorizes the Secretary of Commerce to award grants to states to establish revolving loan funds to provide loans to small manufacturers (less than $50 million in annual sales) for new product development. Limits grants to $10 million each and requires states to contribute at least 25% of the grant funds provided. | {"src": "billsum_train", "title": "A bill to authorize the Secretary of Commerce to award grants to States to establish revolving loan funds to provide loans to small manufacturers to develop new products, and for other purposes."} | 1,425 | 69 | 0.600854 | 1.552465 | 1.070758 | 2.84375 | 19.515625 | 0.84375 |
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``New Direction for
Iraq Act of 2007''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Goals of United States policy toward Iraq.
TITLE I--REDEPLOYMENT OF UNITED STATES ARMED FORCES FROM IRAQ
Sec. 101. Prohibition on escalation of United States military presence
in Iraq.
Sec. 102. Redeployment of United States Armed Forces from Iraq.
Sec. 103. Restoration of Iraqi sovereignty.
TITLE II--ASSISTANCE FOR IRAQ
Sec. 201. Assistance for reconstruction and economic development.
Sec. 202. Assistance for democracy and civil society promotion.
Sec. 203. Assistance for militia disarmament, demobilization, and
reintegration.
Sec. 204. Federal contracts for Iraq reconstruction.
TITLE III--DIPLOMATIC EFFORTS
Sec. 301. Regional and international diplomacy.
Sec. 302. Internal Iraq diplomacy.
Sec. 303. Refugees from Iraq.
SEC. 2. GOALS OF UNITED STATES POLICY TOWARD IRAQ.
The goals of United States policy toward Iraq are--
(1) to support the people of Iraq in their desire for
security, democratic self-determination, and an end to the
United States occupation of Iraq;
(2) to mitigate against a worsening of violence in Iraq and
seek to prevent, to the extent possible, additional sectarian
violence;
(3) to reestablish United States international credibility,
military readiness, and fiscal responsibility; and
(4) to refocus on the threat posed by violent
fundamentalists and other real threats to the national security
of the United States.
TITLE I--REDEPLOYMENT OF UNITED STATES ARMED FORCES FROM IRAQ
SEC. 101. PROHIBITION ON ESCALATION OF UNITED STATES MILITARY PRESENCE
IN IRAQ.
Funds appropriated or otherwise made available to the Department of
Defense under any provision of law may not be obligated or expended to
increase the number of members of the Armed Forces serving in Iraq so
that the total number of members serving in Iraq at any time exceeds
the number of members serving in Iraq as of the date of the enactment
of this Act unless the increase is specifically authorized by an Act of
Congress.
SEC. 102. REDEPLOYMENT OF UNITED STATES ARMED FORCES FROM IRAQ.
(a) Commencement of Redeployment.--Not later than 30 days after the
date of the enactment of this Act, the Secretary of Defense shall begin
the redeployment of United States Armed Forces from Iraq.
(b) Timetable for Completion of Redeployment.--The redeployment
required by subsection (a) shall be completed in the shortest
appropriate time frame, based on the advice of the Joint Chiefs of
Staff and detailed plan for the transfer of security responsibility on
a sector-by-sector basis to be negotiated with the appropriate
authorities of the Government of Iraq. It is the sense of Congress that
the phrase ``shortest appropriate time frame'' should be no longer than
one year.
(c) Redeployment Locations.--The majority of units of the Armed
Forces redeployed pursuant to subsection (a) should be returned to the
United States. Other units should be redeployed as part of a rapid
reaction force in the Middle East, with the capacity to respond to
contingencies in Iraq and in Afghanistan for the purpose of expanding
secured areas and preventing the reemergence of the Taliban.
(d) Mission of Armed Forces in Iraq.--Until the redeployment
required by subsection (a) is completed, the mission of the Armed
Forces in Iraq should focus on supporting the Iraqi Army in holding and
stabilizing population centers, rather than using the Armed Forces to
engage in combat operations against insurgents.
SEC. 103. RESTORATION OF IRAQI SOVEREIGNTY.
(a) Prohibition on Permanent United States Military Installations
in Iraq.--No permanent or long-term military installation, which is
designed or intended to be occupied by a unit of the United States
Armed Forces after the redeployment of the Armed Forces from Iraq
pursuant to section 102, may be constructed in Iraq.
(b) Prohibition on United States Actions to Control Oil Resources
in Iraq.--No official or representative of the Government of the United
States shall seek to exercise control over the petroleum
infrastructure, petroleum resources, or the economic policies of Iraq.
TITLE II--ASSISTANCE FOR IRAQ
SEC. 201. ASSISTANCE FOR RECONSTRUCTION AND ECONOMIC DEVELOPMENT.
(a) Requirement to Provide Assistance Through Iraqi Businesses and
Nationals.--Funds appropriated or otherwise made available for the
reconstruction of Iraq or economic development in Iraq under any
provision of law shall, to the maximum extent possible and appropriate,
be expended through--
(1) Iraqi-owned businesses, with a preference for small
businesses; and
(2) private voluntary organizations or businesses of any
nationality whose Iraq-based staff consists primarily of
individuals who are nationals of Iraq.
(b) Sense of Congress Regarding Iraq Community Action Program.--It
is the sense of Congress that the Iraq Community Action Program of the
United States Agency for International Development is an effective
economic development program being carried out at the local level in
Iraq and should be greatly expanded.
SEC. 202. ASSISTANCE FOR DEMOCRACY AND CIVIL SOCIETY PROMOTION.
(a) Assistance.--The President is authorized to provide assistance
for the promotion of democracy and civil society in Iraq.
(b) Activities Supported.--Assistance provided under subsection (a)
shall, to the maximum extent practicable, be used to strengthen
participatory, nonpartisan, multi-ethnic institutions of civil society
in Iraq, including labor and trade unions, chambers of commerce,
environmental organizations, peacebuilding and reconciliation programs,
and social and community organizations.
(c) Authorization of Appropriations.--
(1) In general.--To carry out this section, there are
authorized to be appropriated to the President $40,000,000 for
each of the fiscal years 2007 through 2010.
(2) Additional requirements.--Amounts appropriated pursuant
to the authorization of appropriations under paragraph (1)--
(A) are authorized to remain available until
expended; and
(B) are in addition to amounts otherwise available
for such purposes.
SEC. 203. ASSISTANCE FOR MILITIA DISARMAMENT, DEMOBILIZATION, AND
REINTEGRATION.
(a) Assistance.--The President is authorized to provide assistance
for the disarmament, demobilization, and reintegration of militias in
Iraq.
(b) Activities Supported.--Assistance provided under subsection (a)
shall, to the maximum extent practicable, be used to support--
(1) the presence of neutral international experts as
advisors to the Government of Iraq on the processes of
disarmament, demobilization, and reintegration of militias; and
(2) the establishment of a single office in the Government
of Iraq to coordinate assistance for disarmament,
demobilization, and reintegration of militias.
(c) Sense of Congress.--It is the sense of Congress that members
and units of the United States Armed Forces should not carry out or
otherwise participate in activities supported under this section.
(d) Authorization of Appropriations.--
(1) In general.--To carry out this section, there are
authorized to be appropriated to the President such sums as may
be necessary for each of the fiscal years 2007 through 2010.
(2) Additional requirements.--Amounts appropriated pursuant
to the authorization of appropriations under paragraph (1)--
(A) are authorized to remain available until
expended; and
(B) are in addition to amounts otherwise available
for such purposes.
SEC. 204. FEDERAL CONTRACTS FOR IRAQ RECONSTRUCTION.
(a) Termination of All Contracts of Contractor Not Fulfilling Terms
of One Contract.--In the case of a contractor with more than one
contract awarded by the Federal Government to perform Iraq
reconstruction, the President may terminate all such contracts of the
contractor if the contractor is not fulfilling the terms of one of its
contracts for Iraq reconstruction. Any funds recovered from the
termination of such contracts shall be considered to be funds available
for the reconstruction of Iraq or economic development in Iraq and
shall, to the maximum extent possible and appropriate, be expended in
accordance with section 201(a).
(b) Recovery of Funds.--It is the sense of Congress that the
President should make aggressive use of the authority to recover funds
from any contracts for Iraq reconstruction that are terminated, whether
terminated pursuant to the authority in subsection (a) or as otherwise
provided by law.
(c) War Profiteering.--It is the sense of Congress that the
Attorney General, in consultation with the Secretaries of Defense and
State, should aggressively seek to prosecute any perpetrators of
criminal fraud in the awarding and carrying out of Federal contracts
for Iraq reconstruction.
(d) Congressional Oversight.--It is the sense of Congress that the
appropriate committees of jurisdiction in the House of Representatives
and the Senate should use their full authority to investigate the
awarding and carrying out of contracts by the Government to conduct
activities in Iraq regarding the following matters:
(1) The award of such contracts, including the solicitation
and evaluation of bids or proposals.
(2) Standards for the auditing of such contracts.
(3) Procedures for oversight of the performance of such
contracts.
(4) Forms of payment and safeguards against money
laundering.
(5) Accountability of contractors and Government officials
involved in the award and carrying out of such contracts.
(6) Penalties for violations of law and abuses in the
awarding and carrying out of such contracts.
(7) The use of subcontracts under large, comprehensive
contracts.
(8) The inclusion and use of small businesses in such
contracts, through subcontracts or otherwise.
TITLE III--DIPLOMATIC EFFORTS
SEC. 301. REGIONAL AND INTERNATIONAL DIPLOMACY.
(a) In General.--The President, acting through the Secretary of
State and the Secretary of Defense, shall undertake a regional
diplomatic effort to establish a regional security dialogue to provide
support and cooperation in promoting stability in Iraq. Such an effort
shall include direct bilateral negotiations with all of Iraq's
neighboring countries and other relevant regional and nonregional
governments and international organizations, such as the United
Nations, the North Atlantic Treaty Organization, the Arab League, and
the Organization of the Islamic Conference.
(b) Diplomatic Options.--If appropriate, the President, acting
through the Secretary of State and the Secretary of Defense, shall seek
to formalize the regional security dialogue required under subsection
(a) in a multilateral support group framework and host a regional
security conference.
(c) Sense of Congress Regarding Policy.--It is the sense of
Congress that the negotiations and security dialogue required under
subsection (a) should not undermine United States policy in support of
the security of Israel, the sovereignty of Lebanon, or the autonomy of
Iraqi Kurds.
(d) Comprehensive Agreements.--The President, acting through the
Secretary of State and the Secretary of Defense, shall seek to use the
negotiations required under subsection (a) to reach comprehensive
agreements with Syria and Iran regarding ending support for terrorism,
nuclear nonproliferation, cessation of violence against Israel, and
other outstanding issues. The President, acting through the Secretary
of State and the Secretary of Defense shall further demonstrate a
willingness to provide the necessary security guarantees and economic
and diplomatic incentives for such agreements.
(e) Israeli-Palestinian Peace.--
(1) Sense of congress.--It is the sense of Congress that
United States support for progress in the Israeli-Palestinian
peace process is an important factor for the United States to
regain credibility and influence in the Middle East.
(2) United states effort.--The President, acting through
the Secretary of State and the Secretary of Defense, shall
undertake a renewed effort towards securing Israeli-Palestinian
peace by encouraging negotiations aimed at the establishment of
an independent and contiguous Palestinian state living
alongside a secure Israel in peace, on a basis similar to the
parameters for peace presented to Israel and the Palestinian
Authority by former President Bill Clinton in December 2000 and
the unofficial Geneva Accords of 2003.
(f) United Nations.--The President shall direct the Permanent
Representative of the United States to the United Nations to seek a new
resolution in the United Nations Security Council supporting regional
and international cooperation in promoting stability in Iraq and
authorizing renewed United Nations assistance to promote security and
political reconciliation in Iraq.
SEC. 302. INTERNAL IRAQ DIPLOMACY.
(a) Benchmarks.--The President, in partnership with the Government
of Iraq, shall develop a series of benchmarks in the areas of national
reconciliation, security, and governance.
(b) Sense of Congress Regarding Support for the Government of
Iraq.--It is the sense of Congress that further political and economic
support for the Government of Iraq should be conditioned on significant
progress towards achieving the benchmarks referred to in subsection
(a).
(c) Special Envoy.--
(1) Appointment.--Not later than 15 days after the date
determined in subsection (d), the President shall appoint an
individual to serve as Special Envoy for Iraq Reconciliation.
(2) Criteria for appointment.--An individual appointed
under paragraph (1) shall be of significant stature and shall
have the respect and trust of parties within Iraq.
(3) Duties.--The Special Envoy shall--
(A) encourage dialogue between sectarian
communities within Iraq with the goal of promoting
peace and national reconciliation;
(B) engage all political and military entities,
including all militias and insurgents (except militias
and insurgents associated or affiliated in any way or
manner with al-Qaeda) within Iraq in a peace process;
and
(C) encourage religious and tribal leaders to speak
out in favor of peace and reconciliation.
(d) Role of the United Nations.--The requirement for the President
to appoint a Special Envoy in accordance with subsection (c) shall be
satisfied by the appointment by the United Nations of such a special
envoy based on the same criteria and with the same duties as described
in such subsection, provided such United Nations appointment occurs not
later than 30 days after the date of the enactment of this Act.
SEC. 303. REFUGEES FROM IRAQ.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the humanitarian impact of the war in Iraq,
particularly the problem of refugees from Iraq, needs greater
attention from the United States Government;
(2) the United States should greatly increase the number of
refugees from Iraq who are admitted to the United States and
increase the amount of assistance provided to support Iraqi
refugees elsewhere;
(3) the Secretary of Homeland Security and Secretary of
State, as appropriate, should seek to streamline procedures for
the admission to the United States of refugees from Iraq and
ease the burden of applying for refugee status;
(4) the 20,000 unallocated refugee admissions authorized by
Presidential Determination No. 2007-1 should be used for
refugees from Iraq; and
(5) special attention should be given to particularly
vulnerable Iraqi refugee populations, including Iraqis who
worked with United States Armed Forces, ethnically mixed
families, and members of religious minority groups.
(b) Action.--The President, acting through the Secretary of
Homeland Security and the Secretary of State, as appropriate, shall,
for any country containing a significant population of Iraqi refugees--
(1) if, appropriate, seek to negotiate a bilateral refugee
resettlement agreement for the purpose of expediting the
admission into the United States of such refugees; or
(2) if the bilateral refugee resettlement agreement
referred to in paragraph (1) is not achievable, devise
strategies, in consultation with the host government and
relevant international organizations and agencies, for the
provision of assistance to facilitate the well-being, safety,
and integration into their host environments of such refugees.
(c) Sense of Congress Regarding Funding.--It is the sense of
Congress that the President should submit to Congress a supplemental
appropriations request to provide sufficient funding to carry out
subsection (b). | New Direction for Iraq Act of 2007 - Prohibits Department of Defense (DOD) funds from being obligated or expended to increase the number of U.S. Armed Forces serving in Iraq so that the total number serving in Iraq at any time exceeds the number serving in Iraq as of the date of the enactment of this Act unless the increase is specifically authorized by Congress.
Directs the Secretary of Defense to begin the redeployment of U.S. Armed Forces from Iraq within 30 days of enactment of this Act, which shall be completed in the shortest appropriate time frame. (Expresses the sense of Congress that the shortest appropriate time frame should be no longer than one year.)
Prohibits: (1) permanent or long-term U.S. military installations in Iraq; and (2) U.S. actions to control Iraqi oil reserves.
Provides for assistance to Iraq for: (1) reconstruction and economic development through Iraqi businesses and nationals; (2) promotion of democracy and civil society; and (3) disarmament, demobilization, and reintegration of militias.
Authorizes the President to terminate all contracts with a contractor having more than one federal Iraqi reconstruction contract for non-fulfillment of one such contract.
Expresses the sense of Congress that: (1) the Attorney General should seek to prosecute criminal fraud in the awarding and carrying out of federal contracts for Iraq reconstruction; and (2) the appropriate House and Senate committees should investigate the awarding and carrying out of specified Iraq-related contracts.
Directs the President, through the Secretary of State and the Secretary of Defense, to: (1) undertake a regional diplomatic effort to promote stability in Iraq; and (2) undertake a renewed effort towards securing Israeli-Palestinian peace on a basis similar to the parameters for peace presented to Israel and the Palestinian Authority by former President Bill Clinton in December 2000 and the unofficial Geneva Accords of 2003.
Directs the President, in partnership with the government of Iraq, to develop reconciliation, security, and governance benchmarks. Expresses the sense of Congress that further political and economic support for Iraq should be conditioned on significant progress towards achieving such benchmarks.
Directs the President to appoint a Special Envoy for Iraq Reconciliation.
Directs the President, for any country with a significant Iraqi refugee population, to: (1) seek to negotiate a bilateral refugee resettlement agreement for such refugees' U.S. admission; or (2) devise strategies, in consultation with the host government and international organizations and agencies, for provision of assistance to facilitate such refugees' host country integration. | {"src": "billsum_train", "title": "To redeploy United States Armed Forces from Iraq and to establish a new direction for United States policy toward Iraq."} | 3,690 | 565 | 0.621474 | 2.104227 | 0.649353 | 4.471311 | 6.584016 | 0.946721 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Save Our Seniors' Social Security
Act of 2009''.
SEC. 2. RELIEF PAYMENTS TO RECIPIENTS OF SOCIAL SECURITY AND RAILROAD
RETIREMENT BENEFITS.
(a) Authority To Make Payments.--
(1) Eligibility.--
(A) In general.--Subject to paragraph (5)(B), the
Secretary of the Treasury shall disburse a $280 payment
to each individual who, for any of the months of
December 2009, January 2010, or February 2010, is
entitled to a benefit payment described in clause (i)
or (ii) of subparagraph (B).
(B) Benefit payment described.--For purposes of
subparagraph (A):
(i) Title ii benefit.--A benefit payment
described in this clause is a monthly insurance
benefit payable (without regard to sections
202(j)(1) and 223(b) of the Social Security Act
(42 U.S.C. 402(j)(1), 423(b))) under--
(I) section 202(a) of such Act (42
U.S.C. 402(a));
(II) section 202(b) of such Act (42
U.S.C. 402(b));
(III) section 202(c) of such Act
(42 U.S.C. 402(c));
(IV) section 202(d)(1)(B)(ii) of
such Act (42 U.S.C. 402(d)(1)(B)(ii));
(V) section 202(e) of such Act (42
U.S.C. 402(e));
(VI) section 202(f) of such Act (42
U.S.C. 402(f));
(VII) section 202(g) of such Act
(42 U.S.C. 402(g));
(VIII) section 202(h) of such Act
(42 U.S.C. 402(h));
(IX) section 223(a) of such Act (42
U.S.C. 423(a));
(X) section 227 of such Act (42
U.S.C. 427); or
(XI) section 228 of such Act (42
U.S.C. 428).
(ii) Railroad retirement benefit.--A
benefit payment described in this clause is a
monthly annuity or pension payment payable
(without regard to section 5(a)(ii) of the
Railroad Retirement Act of 1974 (45 U.S.C.
231d(a)(ii))) under--
(I) section 2(a)(1) of such Act (45
U.S.C. 231a(a)(1));
(II) section 2(c) of such Act (45
U.S.C. 231a(c));
(III) section 2(d)(1)(i) of such
Act (45 U.S.C. 231a(d)(1)(i));
(IV) section 2(d)(1)(ii) of such
Act (45 U.S.C. 231a(d)(1)(ii));
(V) section 2(d)(1)(iii)(C) of such
Act to an adult disabled child (45
U.S.C. 231a(d)(1)(iii)(C));
(VI) section 2(d)(1)(iv) of such
Act (45 U.S.C. 231a(d)(1)(iv));
(VII) section 2(d)(1)(v) of such
Act (45 U.S.C. 231a(d)(1)(v)); or
(VIII) section 7(b)(2) of such Act
(45 U.S.C. 231f(b)(2)) with respect to
any of the benefit payments described
in clause (i) of this subparagraph.
(2) Requirement.--A payment shall be made under paragraph
(1) only to individuals who reside in 1 of the 50 States, the
District of Columbia, Puerto Rico, Guam, the United States
Virgin Islands, American Samoa, or the Northern Mariana
Islands. For purposes of the preceding sentence, the
determination of the individual's residence shall be based on
the current address of record under a program specified in
paragraph (1).
(3) No double payments.--An individual shall be paid only 1
payment under this section, regardless of whether the
individual is entitled to, or eligible for, more than 1 benefit
or cash payment described in paragraph (1).
(4) Limitation.--A payment under this section shall not be
made--
(A) in the case of an individual entitled to a
benefit specified in paragraph (1)(B)(i) or paragraph
(1)(B)(ii)(VIII) if, for the most recent month of such
individual's entitlement in the 3-month period
described in paragraph (1), such individual's benefit
under such paragraph was not payable by reason of
subsection (x) or (y) of section 202 the Social
Security Act (42 U.S.C. 402) or section 1129A of such
Act (42 U.S.C. 1320a-8a); or
(B) in the case of any individual whose date of
death occurs before the date on which the individual is
certified under subsection (b) to receive a payment
under this section.
(5) Timing and manner of payments.--
(A) In general.--The Secretary of the Treasury
shall commence disbursing payments under this section
at the earliest practicable date but in no event later
than 120 days after the date of the enactment of this
Act. The Secretary of the Treasury may disburse any
payment electronically to an individual in such manner
as if such payment was a benefit payment or cash
benefit to such individual under the applicable program
described in paragraph (1)(B).
(B) Deadline.--No payments shall be disbursed under
this section after December 31, 2012, regardless of any
determinations of entitlement to, or eligibility for,
such payments made after such date.
(b) Identification of Recipients.--The Commissioner of Social
Security and the Railroad Retirement Board shall certify the
individuals entitled to receive payments under this section and provide
the Secretary of the Treasury with the information needed to disburse
such payments. A certification of an individual shall be unaffected by
any subsequent determination or redetermination of the individual's
entitlement to, or eligibility for, a benefit specified in subsection
(a)(1)(B).
(c) Treatment of Payments.--
(1) Payment to be disregarded for purposes of all federal
and federally assisted programs.--A payment under subsection
(a) shall not be regarded as income and shall not be regarded
as a resource for the month of receipt and the following 9
months, for purposes of determining the eligibility of the
recipient (or the recipient's spouse or family) for benefits or
assistance, or the amount or extent of benefits or assistance,
under any Federal program or under any State or local program
financed in whole or in part with Federal funds.
(2) Payment not considered income for purposes of
taxation.--A payment under subsection (a) shall not be
considered as gross income for purposes of the Internal Revenue
Code of 1986.
(3) Payments protected from assignment.--The provisions of
sections 207 and 1631(d)(1) of the Social Security Act (42
U.S.C. 407, 1383(d)(1)) and section 14(a) of the Railroad
Retirement Act of 1974 (45 U.S.C. 231m(a)) shall apply to any
payment made under subsection (a) as if such payment was a
benefit payment or cash benefit to such individual under the
applicable program described in subsection (a)(1)(B).
(4) Payments subject to offset.--Notwithstanding paragraph
(3), for purposes of section 3716 of title 31, United States
Code, any payment made under this section shall not be
considered a benefit payment or cash benefit made under the
applicable program described in subsection (a)(1)(B) and all
amounts paid shall be subject to offset to collect delinquent
debts.
(d) Payment to Representative Payees and Fiduciaries.--
(1) In general.--In any case in which an individual who is
entitled to a payment under subsection (a) and whose benefit
payment or cash benefit described in paragraph (1) of that
subsection is paid to a representative payee or fiduciary, the
payment under subsection (a) shall be made to the individual's
representative payee or fiduciary and the entire payment shall
be used only for the benefit of the individual who is entitled
to the payment.
(2) Applicability.--
(A) Payment on the basis of a title ii benefit.--
Section 1129(a)(3) of the Social Security Act (42
U.S.C. 1320a-8(a)(3)) shall apply to any payment made
on the basis of an entitlement to a benefit specified
in subsection (a)(1)(B)(i) in the same manner as such
section applies to a payment under title II of such
Act.
(B) Payment on the basis of a railroad retirement
benefit.--Section 13 of the Railroad Retirement Act (45
U.S.C. 231l) shall apply to any payment made on the
basis of an entitlement to a benefit specified in
subsection (a)(1)(B)(ii) in the same manner as such
section applies to a payment under such Act.
(e) Appropriation.--
(1) In general.--Out of any sums in the Treasury of the
United States not otherwise appropriated, the following sums
are appropriated for the period of fiscal years 2010 through
2012 to carry out this section:
(A) For the Secretary of the Treasury, $131,000,000
for administrative costs incurred in carrying out this
section.
(B) For the Commissioner of Social Security--
(i) such sums as may be necessary for
payments to individuals certified by the
Commissioner of Social Security as entitled to
receive a payment under this section; and
(ii) $90,000,000 for the Social Security
Administration's Limitation on Administrative
Expenses for costs incurred in carrying out
this section.
(C) For the Railroad Retirement Board--
(i) such sums as may be necessary for
payments to individuals certified by the
Railroad Retirement Board as entitled to
receive a payment under this section; and
(ii) $1,400,000 to the Railroad Retirement
Board's Limitation on Administration for
administrative costs incurred in carrying out
this section.
(2) Limitation.--No part of any appropriation contained in
paragraph (1) shall remain available for obligation beyond
fiscal year 2012.
SEC. 3. FUNDING.
(a) In General.--Effective on the date of the enactment of this
Act, of the unobligated balance of the discretionary appropriations
made available by division A of the American Recovery and Reinvestment
Act of 2009 (Public Law 111-5), there is rescinded the amount
determined by the Director of the Office of Management and Budget to be
required to offset the increase in spending resulting from the
provisions of section 2.
(b) Application.--The rescission made by subsection (a) shall be
applied proportionately--
(1) to each discretionary account; and
(2) within each such account, to each program, project, and
activity (with programs, projects, and activities as delineated
in the appropriation Act or accompanying reports for the
relevant fiscal year covering such account, or for accounts not
included in appropriation Act, as delineated in the most
recently submitted President's budget).
(c) OMB Report.--Within 30 days after the date of the enactment of
this Act, the Director of the Office of Management and Budget shall
submit to the House of Representatives and the Senate a report
specifying the reductions made to each account, program, project, and
activity pursuant to this section. | Save Our Seniors' Social Security Act of 2009 - Directs the Secretary of the Treasury to disburse a $280 payment to each individual who, for any of the months of December 2009, January 2010, or February 2010, is entitled to a Social Security or railroad retirement benefit payment.
Rescinds certain appropriations under the American Recovery and Reinvestment Act of 2009 to offset the increase in spending resulting from this Act. | {"src": "billsum_train", "title": "To provide relief payments to recipients of Social Security and railroad retirement benefits, and for other purposes."} | 2,674 | 92 | 0.483087 | 1.24355 | 0.53664 | 5.797468 | 27.594937 | 0.962025 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Everglades National Park Land
Exchange Act of 2008''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds that--
(1) the Everglades National Park is a nationally and
internationally significant resource adversely affected by
external factors that have altered the natural hydrological
conditions within the boundary of the National Park;
(2) section 102(a) of the Everglades National Park
Protection and Expansion Act of 1989 (16 U.S.C. 410r-6(a))
modified the boundary of the National Park to include 107,600
acres of land located in the Northeast Shark River Slough and
the East Everglades, each area of which is critical to the
hydrology of the National Park;
(3) the construction of modifications to the Central and
South Florida Project authorized under section 104(a) of the
Everglades National Park Protection and Expansion Act of 1989
(16 U.S.C. 410r-8(a)) is designed to improve water deliveries
to the National Park through physical and operational
modifications to the Project;
(4) the Comprehensive Everglades Restoration Plan approved
by section 601(b) of the Water Resources Development Act of
2000 (114 Stat. 2680) provides guidance for the implementation
of numerous restoration projects located in the Everglades of
the State of Florida, including projects that would ultimately
benefit the National Park;
(5) the success of the Project, the Plan, and the future
ecological health of the Everglades of the State depends in
part on the resolution of several land ownership issues
relating to parcels of land located in the National Park;
(6) the United States has entered into a contingent
agreement that--
(A) provides for the exchange of land with the
Florida Power & Light Company; and
(B) is contingent on the approval of Congress;
(7) the land exchange proposed in the Agreement is critical
to the success of the Project;
(8) the Osceola family of Roy Cypress has occupied the area
of the National Park commonly known as the ``William McKinley
Osceola Hammock'' since before the date on which the National
Park was established; and
(9) the interests of the Family and the United States would
be enhanced by a further delineation of the rights and
obligations of each party because the Hammock may be impacted
by construction of improvements relating to the Project.
(b) Purpose.--The purpose of this Act is to direct, facilitate, and
expedite the exchange of certain Federal land and non-Federal land in
the State to further the public interest by--
(1) authorizing an exchange of land held by the United
States that is affected by the construction, operation, and
maintenance of a relocated and raised section of the Tamiami
Trail, U.S. Rt. 41 roadway, pursuant to the Project;
(2) ratifying and executing a contingent agreement between
the United States and the Company to exchange and relocate
certain property interests of the Company (including the
provision of easements and other actions); and
(3) authorizing the Secretary to enter into an agreement
with the Family to allow the Family to occupy and use certain
parcels of land located in the National Park for purposes
consistent with the purposes and resource values of the
National Park.
SEC. 3. DEFINITIONS.
In this Act:
(1) Agreement.--The term ``Agreement'' means the agreement
described in the document--
(A) entitled ``Contingent Agreement Between the
United States of America and Florida Power & Light
Company for Exchange and Relocation of Florida Power &
Light Company's Property Located In or Adjacent to the
Everglades National Park Expansion Area''; and
(B) executed by the United States and the Company
on July 24, 2008, including any subsequent amendments
to the document.
(2) Company.--The term ``Company'' means the Florida Power
& Light Company.
(3) Family.--The term ``Family'' means the Osceola family
of Roy Cypress.
(4) Federal land.--The term ``Federal land'' means the
parcels of land that are--
(A) owned by the United States;
(B) administered by the Secretary;
(C) located within the National Park; and
(D) generally depicted on the map as--
(i) Tract _____, which is adjacent to the
Tamiami Trail, U.S. Rt. 41, in existence as of
the date of enactment of this Act; and
(ii) Tract ______, which is located on the
eastern boundary of the National Park.
(5) Hammock.--The term ``Hammock'' means the parcel of land
that is--
(A) commonly known as the ``William McKinley
Osceola Hammock''; and
(B) generally depicted on the map as Tract ____.
(6) Map.--The term ``map'' means the map prepared by the
National Park Service, titled ``____'', numbered ____, and
dated ____.
(7) Modified water deliveries project.--The term ``modified
water deliveries project'' means the modifications to the
Project authorized under section 104(a) of the Everglades
National Park Protection and Expansion Act of 1989 (16 U.S.C.
410r-8(a)).
(8) National park.--The term ``National Park'' means the
Everglades National Park located in the State.
(9) Non-federal land.--The term ``non-Federal land'' means
the area of land located in the State that is comprised of land
that--
(A) is owned by the State, the specific area and
location of which shall be determined by the State; and
(B) is owned by the Company--
(i) the area of which comprises
approximately 320 acres; and
(ii) the location of which is within the
East Everglades Acquisition Area, as generally
depicted on the map as Tract _____.
(10) Plan.--The term ``Plan'' means the Comprehensive
Everglades Restoration Plan--
(A) contained in the Final Integrated Feasibility
Report and Programmatic Environmental Impact Statement,
dated April 1, 1999; and
(B) approved under section 601(b) of the Water
Resources Development Act of 2000 (114 Stat. 2680).
(11) Project.--The term ``Project'' means the Central and
Southern Florida Project.
(12) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(13) State.--The term ``State'' means the State of Florida.
SEC. 4. LAND EXCHANGE.
(a) Land Exchange Authorized.--If the State offers to convey to the
Secretary all right, title, and interest of the State in and to the
non-Federal land, and the offer is acceptable to the Secretary, the
Secretary shall, subject to valid existing rights--
(1) accept the offer; and
(2) convey to the State all right, title, and interest of
the United States in and to the Federal land.
(b) Terms and Conditions.--The land exchange under subsection (a)
shall be subject to such terms and conditions as the Secretary may
require.
(c) Appraisals; Equalization.--
(1) Appraisals.--
(A) In general.--The Federal land and non-Federal
land shall be appraised by an independent appraiser
selected by the Secretary.
(B) Standards.--An appraisal conducted under
subparagraph (A) shall be conducted in accordance
with--
(i) the Uniform Appraisal Standards for
Federal Land Acquisitions; and
(ii) the Uniform Standards of Professional
Appraisal Practice.
(2) Equalization.--If the values of the Federal land and
the non-Federal land to be conveyed in the land exchange under
subsection (a) are not equal, the values may be equalized by--
(A) donation;
(B) payment using donated or appropriated funds; or
(C) the conveyance of additional parcels of land.
(d) Deadline for Completion of Exchange.--
(1) In general.--Except as provided in paragraph (2), the
land exchange under subsection (a) shall be completed by not
later than the date that is 90 days after the date on which the
results of each appraisal conducted under subsection (c)(1) are
received by the Secretary and the State.
(2) Exception.--In a case in which the Secretary or the
State disputes the results of any appraisal conducted under
subsection (c)(1), the land exchange under subsection (a) shall
be completed by not later than the date that is 90 days after
the date on which the Secretary and the State resolve the
dispute.
(e) Technical Corrections.--Subject to the agreement of the State,
the Secretary may make--
(1) minor corrections to correct technical and clerical
errors in the legal descriptions of the Federal and non-Federal
land; and
(2) minor adjustments to the boundaries of the Federal and
non-Federal land.
(f) Administration of Land Acquired by Secretary.--Land acquired by
the Secretary through the land exchange under subsection (a) shall--
(1) become part of the National Park; and
(2) be administered in accordance with the laws (including
regulations) applicable to the National Forest System.
(g) Availability of Map.--The map shall be on file and available
for public inspection in the appropriate offices of the National Park
Service.
SEC. 5. RATIFICATION OF CONTINGENT AGREEMENT BETWEEN THE UNITED STATES
AND THE COMPANY.
(a) Ratification of Agreement.--The Agreement (including each term,
condition, procedure, covenant, reservation, and other provision
contained in the Agreement) is ratified.
(b) Execution of Agreement.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall execute the
Agreement (including the land exchange under section 4(a)).
(2) Technical corrections.--
(A) In general.--In accordance with subparagraph
(B), the Secretary, subject to the agreement of the
Company, may make minor corrections to correct
technical and clerical errors with respect to any land
description or instrument of conveyance contained in
the Agreement.
(B) Written notice requirement.--To make a minor
correction under subparagraph (A), the Secretary shall
provide written notice, the duration of which shall be
not less than 30 days, to--
(i) the Committee on Energy and Natural
Resources of the Senate; and
(ii) the Committee on Natural Resources of
the House of Representatives.
(c) Environmental Assessment.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, in accordance with paragraph (2), the
Secretary may prepare an environmental assessment regarding the
land exchange under section 4(a).
(2) Requirements.--In preparing the environmental
assessment under paragraph (1), the Secretary shall--
(A) identify any--
(i) immediate and proximate effect that may
arise from the land exchange under section
4(a); and
(ii) potential mitigation measure that the
Secretary determines to be appropriate for each
immediate and proximate effect identified under
clause (i); and
(B) provide for a period of public notice and
comment with respect to the land exchange under section
4(a).
SEC. 6. OSCEOLA FAMILY PERPETUAL USE AND OCCUPANCY AGREEMENT.
(a) Perpetual Use and Occupancy Agreement.--In accordance with
subsection (b), and subject to subsection (c), the Secretary may enter
into an agreement with the Family to allow the Family to occupy and use
the Hammock in perpetuity for the purpose of a domestic residence.
(b) Protection of National Park.--An agreement entered into by the
Secretary under subsection (a) shall ensure that the occupancy and use
of the Hammock by the Family--
(1) is carried out in a manner consistent with--
(A) this Act;
(B) the purposes and resources of the National
Park; and
(C) all applicable laws (including regulations),
including laws governing commercial activities within
the National Park (including regulations); and
(2) does not prevent the Secretary from constructing any
improvements necessary to allow for the completion of the
Project.
(c) Preservation of Hammock.--Subject to the written approval of
the Secretary, the area of the Hammock shall not be enlarged--
(1) through the addition of fill; or
(2) by any other means. | Everglades National Park Land Exchange Act of 2008 - Requires the Secretary of the Interior, if the state of Florida offers to convey non-federal land within Florida, and the offer is acceptable, to accept the offer and convey specified federal land within Everglades National Park to the state. Requires the land acquired by the Secretary through the exchange to become part of the Park.
Ratifies a specified agreement between the United States and Florida Power & Light Company for the exchange and relocation of the Company's property in or adjacent to the Everglades National Park Expansion Area.
Authorizes the Secretary to prepare an environmental assessment regarding such land exchange that identifies any immediate and proximate effect that may arise from the exchange and any potential mitigation measure for each such effect identified.
Authorizes the Secretary to enter into an agreement with the Osceola family of Roy Cypress that: (1) allows the family to perpetually occupy and use a parcel of land commonly known as the William McKinley Osceola Hammock as a domestic residence; and (2) ensures that the occupancy and use of the Hammock by such family does not prevent the Secretary from constructing necessary improvements allowing for the completion of the Central and Southern Florida Project (for the improvement of water deliveries to the Park). Bars the area of the Hammock, subject to the written approval of the Secretary, from being enlarged through the addition of fill or by any other means. | {"src": "billsum_train", "title": "To provide for the resolution of several land ownership and related issues with respect to parcels of land located within the Everglades National Park."} | 2,821 | 318 | 0.634582 | 2.104531 | 0.728756 | 3.264925 | 9.473881 | 0.936567 |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Special Care
Dentistry Act of 2011''.
(b) Findings.--Congress finds the following:
(1) According to the United States Surgeon General's Report
on Oral Health in America:
(A) No less than a silent epidemic of oral diseases
is affecting our most vulnerable citizens, including
low income elderly, individuals with disabilities, and
many members of racial and ethnic minority groups.
(B) Oral diseases and conditions affect health and
well-being throughout life. The burden of oral problems
is extensive and may be particularly severe in
vulnerable populations.
(C) Oral diseases and conditions are associated
with other health problems. Associations between
chronic oral infections and other health problems,
including diabetes, heart disease, and adverse
pregnancy outcomes have been reported.
(2) Providing appropriate and necessary oral health
benefits under Medicaid to individuals classified as aged,
blind, or disabled would prevent unnecessary emergency room
visits, hospitalizations, and downstream health care costs,
reducing Medicaid spending.
(3) While 28 percent of the people enrolled in Medicaid are
aged, blind, or disabled, the high cost of medical expenditures
for these populations consumes 72 percent of the total Medicaid
budget. This is not the case with dental benefits.
(4) For the aged, blind, or disabled, oral health services
are deemed ``optional'' by the Federal Government and most
States provide little to no Medicaid coverage for these
services. Many of these vulnerable citizen's mouths are
infected with no hope of receiving access to even basic dental
care.
(5) In 2003, adult aged, blind, and disabled Medicaid
recipients received basic oral health services in only 6 States
(Connecticut, New Jersey, New York, North Dakota, Pennsylvania,
and Wisconsin).
(6) Appropriate and necessary oral health services for
adult aged, blind, and disabled people will help reduce not
only Medicaid costs for these populations, but also downstream
Medicare expenditures, which together total almost
$600,000,000,000 annually.
(7) Dental office overhead averages over 65 percent.
Unfortunately, Medicaid reimbursement rates fall far short of
covering these expenses.
(8) Additional Federal investment for the delivery of oral
health services is needed to ensure vulnerable adults receive
oral health benefits.
(9) Investments are needed for an oral health initiative to
reduce the profound disparities in oral health by improving the
health status of vulnerable populations to the level of health
status that is enjoyed by the majority of Americans.
SEC. 2. REQUIREMENT TO PROVIDE AGED, BLIND, OR DISABLED INDIVIDUALS
WITH ORAL HEALTH SERVICES UNDER THE MEDICAID PROGRAM.
(a) In General.--Title XIX of the Social Security Act (42 U.S.C.
1396 et seq.) is amended by inserting after section 1943 the following
new section:
``oral health services for aged, blind, or disabled individuals
``Sec. 1944. (a) Services Under a State Adult Dental Program for
Aged, Blind, or Disabled Individuals.--A State shall provide oral
health coverage for aged, blind, or disabled individuals described in
subsection (b) through a separate State adult dental program. The State
shall demonstrate that the services and fees provided and program
requirements under this section are at least equivalent to the
services, fees, and requirements that are provided to children under
this title and include age-appropriate services for such individuals,
and that the services are provided at intervals to determine the
existence of a suspected illness or condition consistent with
reasonable standards of dental practice (taking into account the
increased needs and oral health complexities of the population) as
determined by the Secretary after consultation with national
professional dental organizations.
``(b) Aged, Blind, or Disabled Individuals Described.--For purposes
of subsection (a), an aged, blind, or disabled individual described in
this subsection is an individual--
``(1) who is eligible for medical assistance under
subclause (I) or (II) of section 1902(a)(10)(A)(i) (but only,
in the case of subclause (I), with respect to an individual who
is so eligible on the basis of receiving aid or assistance
under any plan of the State approved under title I, X, XIV, or
XVI); and
``(2) who would be considered an aged, blind, or disabled
individual under section 1614 (without regard to whether the
individual satisfies the income and resource requirements for
receiving supplemental security income benefits under title
XVI) and is otherwise eligible for medical assistance under the
State plan or under a waiver of such plan.
``(c) Transportation.--The State shall provide transportation for
aged, blind, or disabled individuals described in subsection (b) to
dental offices, hospitals, clinics, or other treatment centers for the
provision of oral health services to the same extent that
transportation is provided under the State plan for children eligible
for medical assistance.''.
(b) Definition of Oral Health Services.--
(1) In general.--Section 1905 of the Social Security Act
(42 U.S.C. 1396d) is amended--
(A) in subsection (a), by amending paragraph (10)
to read as follows:
``(10) oral health services (as defined in subsection
(ee)); and''; and
(B) by adding at the end the following:
``(ee)(1) For purposes of this title, the term `oral health
services' means--
``(A) relief of pain and infections;
``(B) restoration or replacement of teeth;
``(C) periodontal treatment;
``(D) dental health preventive services, including adult
fluoride application;
``(E) in-patient and out-patient dental surgical,
evaluation, and examination services;
``(F) dentures or partial denture care;
``(G) per patient house call and long term care facility
visits;
``(H) sedation and anesthesia; and
``(I) behavior management services.
``(2) For the purpose of this subsection:
``(A) The term `long term care facility' means--
``(i) a nursing facility;
``(ii) an assisted living facility or a resident
care program facility (as such terms are defined by the
Secretary);
``(iii) a board and care facility (as defined in
section 1903(q)(4)(B), including a mental retardation
group home);
``(iv) an intermediate care facility for the
mentally retarded; and
``(v) any other facility that is licensed or
certified by the State and is determined appropriate by
the Secretary, such as a community mental health center
that meets the requirements of section 1913(c) of the
Public Health Service Act, a psychiatric health
facility, and a mental health rehabilitation center.
``(B) The term `house call' means the delivery of dental
services in long term care facilities needed to overcome
mobility impairments and transportation barriers.
``(C) The term `behavior management' means services needed
to accommodate physical or behavioral impairment.''.
(c) Conforming Amendments.--
(1) Terminology.--Section 1902(a)(43)(D)(iii) of the Social
Security Act (42 U.S.C. 1396a(a)(43)(D)(iii)) is amended by
striking ``dental'' and inserting ``oral health'' each place it
appears.
(2) State plan.--Section 1902(a) of such Act (42 U.S.C.
1396a(a)) is amended--
(A) in paragraph (82), by striking ``and'' at the
end;
(B) in paragraph (83), by striking the period at
the end and inserting ``; and''; and
(C) by inserting after paragraph (83) the
following:
``(84) provide for--
``(A) making oral health services available to
aged, blind, or disabled individuals described in
subsection (b) of section 1944 in accordance with the
requirements of that section;
``(B) informing all persons in the State who are
aged, blind, or disabled and have been determined to be
eligible for medical assistance including oral health
services (as defined in section 1905(ee)), of the
availability of such services;
``(C) providing or arranging for the provision of
such services in all cases where they are requested;
``(D) arranging for (directly or through referral
to appropriate agencies, organizations, or individuals)
corrective treatment the need for which is disclosed by
such services; and
``(E) reporting to the Secretary (in a uniform form
and manner established by the Secretary, by aged,
blind, or disabled group and by basis of eligibility
for medical assistance, and by not later than April 1
after the end of each fiscal year, beginning with
fiscal year 2012) the information relating to oral
health services provided under the plan during each
fiscal year consisting of--
``(i) the number of aged, blind, or
disabled individuals who reside in the State;
``(ii) the number of aged, blind, or
disabled individuals provided oral health
services;
``(iii) the number of such individuals
referred for corrective treatment (the need for
which is disclosed by such services);
``(iv) the amount of, and type of,
preventive oral health services needed and
provided;
``(v) the amount of, and type of, surgical
restorative oral health services needed and
provided; and
``(vi) the amount of, and type of, other
oral health services needed and provided,
disaggregated into whether the services were--
``(I) emergency;
``(II) preventive;
``(III) surgical;
``(IV) restorative;
``(V) periodontal;
``(VI) endodontic; or
``(VII) prosthodontic.''.
(3) Nursing facilities.--Section 1919(b)(4)(A)(vi) of such
Act (42 U.S.C. 1396r(b)(4)(A)(vi)) is amended by inserting,
``oral health services (as defined in section 1905(ee)) for an
aged, blind, or disabled individual described in section
1944(b) who is a resident of the nursing facility,'' after
``plan)''.
(d) Federal Funding for Cost of Covering Aged, Blind, or
Disabled.--Section 1905 of the Social Security Act (42 U.S.C. 1396d),
as amended by subsection (b)(1), is amended--
(1) in subsection (b), in the first sentence, by inserting
``subsection (ee) and'' before ``section 1933(d)''; and
(2) by adding at the end the following new subsection:
``(ff) Increased FMAP for Medical Assistance for Aged, Blind, and
Disabled Individuals.--The Federal medical assistance percentage
determined for a State that is one of the 50 States or the District of
Columbia for each fiscal year with respect to amounts expended for
medical assistance for aged, blind and disabled individuals described
in section 1944(b) shall be equal to 100 percent.''.
(e) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to calendar
quarters beginning on or after October 1, 2011, without regard
to whether or not final regulations to carry out such
amendments have been promulgated by such date.
(2) Delay permitted for state plan amendment.--In the case
of a State plan for medical assistance under title XIX 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 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 such
session shall be deemed to be a separate regular session of the
State legislature. | Special Care Dentistry Act of 2011 - Amends title XIX (Medicaid) of the Social Security Act to require a state to provide oral health coverage for aged, blind, or disabled individuals through a separate state adult dental program. | {"src": "billsum_train", "title": "To amend title XIX of the Social Security Act to require States to provide oral health services to aged, blind, or disabled individuals under the Medicaid Program, and for other purposes."} | 2,768 | 53 | 0.469078 | 1.164265 | 0.555226 | 4.767442 | 59.883721 | 0.953488 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cabin Air Safety Act of 2017''.
SEC. 2. COMMERCIAL AIR CARRIER DEFINED.
In this Act, the term ``commercial air carrier'' means an air
carrier operating under part 121 or 135 of title 14, Code of Federal
Regulations.
SEC. 3. TRAINING TO RESPOND TO SMOKE OR FUME INCIDENTS ON AIRCRAFT.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Administrator of the Federal Aviation
Administration shall prescribe regulations requiring flight attendants,
pilots, aircraft maintenance technicians, and airport first responders
and emergency response teams to receive training, not less frequently
than annually, on how to respond to incidents on board aircraft
involving smoke or fumes.
(b) Requirements.--The training required by subsection (a) shall
include the dissemination of educational materials with respect to the
following:
(1) Sources and types of smoke and fumes on board aircraft.
(2) Odor and visual descriptors to allow an individual to
recognize the presence of oil and hydraulic fluid fumes and
other potentially hazardous fumes, such as fumes relating to
hydraulic fluid, engine exhaust, ground service vehicle
exhaust, fuel, de-icing fluid, and ozone.
(3) The potential for acute or chronic impairment to an
individual relating to such fumes.
(4) Procedures for recognizing and responding to smoke and
fumes on board aircraft.
(5) An overview of the system for reporting incidents of
smoke or fumes on board aircraft established under section
4(a)(2).
(6) Requirements relating to reporting incidents of smoke
and fumes on board aircraft to the Federal Aviation
Administration under sections 4 and 6(b).
SEC. 4. REPORTING OF INCIDENTS OF SMOKE OR FUMES ON BOARD AIRCRAFT.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Administrator of the Federal Aviation
Administration shall--
(1) develop a standardized form for flight attendants,
pilots, and aircraft maintenance technicians to report
incidents of smoke or fumes on board an aircraft operated by a
commercial air carrier; and
(2) establish a system for reporting incidents of smoke or
fumes on board aircraft that allows--
(A) pilots, flight attendants, and aircraft
maintenance technicians to submit the form developed
under paragraph (1) to the Federal Aviation
Administration; and
(B) pilots, flight attendants, aircraft maintenance
technicians, and commercial air carriers to search the
reported incidents database compiled by the Federal
Aviation Administration for the purposes of reviewing
and monitoring incidents contained in the database and
assisting with investigations conducted under section
5.
(b) Content of Forms.--The form developed under subsection (a)(1)
for reporting an incident of smoke or fumes on board an aircraft shall
include sections for the following information:
(1) Identification of the flight, the type of aircraft, the
registration number of the aircraft, and the individual
reporting the incident.
(2) Information about the smoke or a fire, if relevant,
including a description of the nature and apparent source of
the smoke or fire.
(3) Information about the fumes, including a description of
the type, apparent source, smell, and visual consistency (if
any) of the smoke or fumes.
(4) Information about the location of the smoke or fumes.
(5) Information about the engine manufacturer, engine type,
the engine serial number, and the age of the engine.
(6) Information about the phase of flight during which
smoke or fumes were present.
(7) Other observations about the smoke or fumes.
(8) A description of symptoms reported by crew members and
passengers.
(9) Information with respect to whether crew members or
passengers used, needed, or were administered supplemental or
emergency oxygen.
(10) Information regarding any effects on the operation of
the flight.
(11) Information about maintenance work conducted on the
aircraft following the incident.
(c) Public Availability of Reports.--
(1) In general.--Not less frequently than quarterly and
subject to paragraph (2), the Administrator of the Federal
Aviation Administration shall compile and make available to the
public the forms developed under subsection (a)(1) and
submitted to the Federal Aviation Administration.
(2) Redaction.--Before making any forms available to the
public under paragraph (1), the Administrator shall redact any
personally identifiable information.
(d) Website.--The Administrator shall develop a publicly available
Internet website that contains a publicly searchable database of
information on incidents of smoke or fumes on board aircraft operated
by commercial air carriers that includes--
(1) the materials required to be made available to the
public under subsection (c)(1);
(2) materials for training crew members under section 3;
and
(3) statistics with respect to such incidents, which shall
be disaggregated by air carrier, aircraft type, engine type,
oil type, cause, and such other criteria as the Administrator
considers appropriate.
SEC. 5. INVESTIGATIONS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Administrator of the Federal Aviation
Administration shall prescribe regulations requiring the Federal
Aviation Administration to conduct an investigation described in
subsection (b), after a report is submitted to the Administration
through the system for reporting incidents of smoke or fumes on board
aircraft established under section 4(a)(2) and before the date that is
7 days after the incident.
(b) Requirements for Investigations.--An investigation described in
this subsection shall include the following:
(1) Gathering factual and standardized information from all
flight attendants, pilots, aircraft maintenance technicians,
airport first responders, emergency response teams, and medical
doctors involved in the incident.
(2) Gathering any reports submitted under section 4 with
respect to the incident.
(3) Gathering technical findings on any replaced, worn,
missing, failed, or improperly serviced components that may
have resulted in the incident.
(4) Identifying the cause of the incident, if possible.
(c) Participation of Air Carriers and Collective Bargaining
Representatives.--In conducting an investigation under this section,
the Federal Aviation Administration shall--
(1) consult with the commercial air carrier involved;
(2) work in conjunction with the technical representatives
of the air carrier; and
(3) invite the participation of the collective bargaining
representative of employees of the air carrier.
SEC. 6. BLEED AIR MONITORING EQUIPMENT.
(a) Requirement To Include on Commercial Aircraft.--Not later than
180 days after the date of the enactment of this Act, the Administrator
of the Federal Aviation Administration shall prescribe regulations
requiring a commercial air carrier to install and operate, by not later
than one year after the regulations are published in the Federal
Register, a carbon monoxide detector on each bleed air stream in
locations on the aircraft that include the cockpit, the cabin, crew
rest areas, and each crew galley of each aircraft operated by the air
carrier--
(1) to continuously monitor carbon monoxide levels in the
aircraft air supply system when the aircraft is in flight; and
(2) to alert the pilot and flight attendants in the event
that carbon monoxide exceeds limits set forth in the national
primary ambient air quality standards under section 50.8 of
title 40, Code of Federal Regulations (or any corresponding
similar regulation or ruling), adjusted for application at
altitude.
(b) Requirement for a Pilot To Report an Alarm.--The regulations
prescribed under subsection (a) shall require a pilot to submit a form
through the system for reporting incidents of smoke or fumes on board
aircraft established under section 4(a)(2) if the alarm in a carbon
monoxide detector activates during flight.
(c) Inclusion of Information Relating to Carbon Monoxide Detectors
in Aircraft Manuals.--Not later than one year after the date of the
enactment of this Act, the Administrator of the Federal Aviation
Administration shall prescribe regulations requiring an aircraft
manufacturer that manufactures aircraft for commercial air carriers to
include procedures for responding to alarms from carbon monoxide
detectors during normal and nonstandard operations in the flight
operator's manual for each such aircraft produced by the manufacturer.
(d) Continuing Research To Develop Sensors and Techniques To
Monitor Bleed Air Quality.--The Federal Aviation Administration shall
continue to research, study, and identify emerging technologies
suitable to provide reliable warning of bleed air contamination,
including through investigation and research into specific sensors,
methods, and operational techniques to prevent fume events.
(e) Rule of Construction.--Nothing in this section may be construed
to imply that an investigation under section 5 is not necessary or that
crew members and passengers have not been exposed to fumes if the alarm
in a carbon monoxide detector installed on an aircraft is not
activated.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Federal Aviation
Administration such sums as may be necessary to carry out this Act.
SEC. 8. EXCLUSION OF HELICOPTERS.
The provisions of this Act do not apply to helicopters. | Cabin Air Safety Act of 2017 This bill requires the Federal Aviation Administration (FAA) to prescribe regulations: requiring flight attendants, pilots, aircraft maintenance technicians, and airport first responders to receive annual training on how to respond to incidents involving smoke or fumes on board aircraft, and the FAA must develop a standardized form for reporting incidents of smoke or fumes; requiring the FAA to conduct an investigation after a report is submitted about incidents of smoke or fumes on board aircraft; and requiring commercial air carriers to install and operate a carbon monoxide detector on each bleed air stream on the aircraft (bleed air is compressed air produced by gas turbines that is taken from the compressor stage and used for cabin pressurization and other purposes). | {"src": "billsum_train", "title": "Cabin Air Safety Act of 2017"} | 1,998 | 178 | 0.582661 | 1.60201 | 0.897762 | 3.870504 | 13.388489 | 0.863309 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ensuring Patient Access and
Effective Drug Enforcement Act of 2016''.
SEC. 2. REGISTRATION PROCESS UNDER CONTROLLED SUBSTANCES ACT.
(a) Definitions.--
(1) Factors as may be relevant to and consistent with the
public health and safety.--Section 303 of the Controlled Substances
Act (21 U.S.C. 823) is amended by adding at the end the following:
``(j) In this section, the phrase `factors as may be relevant to
and consistent with the public health and safety' means factors that
are relevant to and consistent with the findings contained in section
101.''.
(2) Imminent danger to the public health or safety.--Section
304(d) of the Controlled Substances Act (21 U.S.C. 824(d)) is
amended--
(A) by striking ``(d) The Attorney General'' and inserting
``(d)(1) The Attorney General''; and
(B) by adding at the end the following:
``(2) In this subsection, the phrase `imminent danger to the public
health or safety' means that, due to the failure of the registrant to
maintain effective controls against diversion or otherwise comply with
the obligations of a registrant under this title or title III, there is
a substantial likelihood of an immediate threat that death, serious
bodily harm, or abuse of a controlled substance will occur in the
absence of an immediate suspension of the registration.''.
(b) Opportunity To Submit Corrective Action Plan Prior to
Revocation or Suspension.--Subsection (c) of section 304 of the
Controlled Substances Act (21 U.S.C. 824) is amended--
(1) by striking the last three sentences;
(2) by striking ``(c) Before'' and inserting ``(c)(1) Before'';
and
(3) by adding at the end the following:
``(2) An order to show cause under paragraph (1) shall--
``(A) contain a statement of the basis for the denial,
revocation, or suspension, including specific citations to any laws
or regulations alleged to be violated by the applicant or
registrant;
``(B) direct the applicant or registrant to appear before the
Attorney General at a time and place stated in the order, but not
less than 30 days after the date of receipt of the order; and
``(C) notify the applicant or registrant of the opportunity to
submit a corrective action plan on or before the date of
appearance.
``(3) Upon review of any corrective action plan submitted by an
applicant or registrant pursuant to paragraph (2), the Attorney General
shall determine whether denial, revocation, or suspension proceedings
should be discontinued, or deferred for the purposes of modification,
amendment, or clarification to such plan.
``(4) Proceedings to deny, revoke, or suspend shall be conducted
pursuant to this section in accordance with subchapter II of chapter 5
of title 5, United States Code. Such proceedings shall be independent
of, and not in lieu of, criminal prosecutions or other proceedings
under this title or any other law of the United States.
``(5) The requirements of this subsection shall not apply to the
issuance of an immediate suspension order under subsection (d).''.
SEC. 3. REPORT TO CONGRESS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Health and Human Services, acting through
the Commissioner of Food and Drugs, the Administrator of the Substance
Abuse and Mental Health Services Administration, the Director of the
Agency for Healthcare Research and Quality, and the Director of the
Centers for Disease Control and Prevention, in coordination with the
Administrator of the Drug Enforcement Administration and in
consultation with the Secretary of Defense and the Secretary of
Veterans Affairs, shall submit a report to the Committee on the
Judiciary of the House of Representatives, the Committee on Energy and
Commerce of the House of Representatives, the Committee on the
Judiciary of the Senate, and the Committee on Health, Education, Labor,
and Pensions of the Senate identifying--
(1) obstacles to legitimate patient access to controlled
substances;
(2) issues with diversion of controlled substances;
(3) how collaboration between Federal, State, local, and tribal
law enforcement agencies and the pharmaceutical industry can
benefit patients and prevent diversion and abuse of controlled
substances;
(4) the availability of medical education, training
opportunities, and comprehensive clinical guidance for pain
management and opioid prescribing, and any gaps that should be
addressed;
(5) beneficial enhancements to State prescription drug
monitoring programs, including enhancements to require
comprehensive prescriber input and to expand access to the programs
for appropriate authorized users; and
(6) steps to improve reporting requirements so that the public
and Congress have more information regarding prescription opioids,
such as the volume and formulation of prescription opioids
prescribed annually, the dispensing of such prescription opioids,
and outliers and trends within large data sets.
(b) Consultation.--The report under subsection (a) shall
incorporate feedback and recommendations from the following:
(1) Patient groups.
(2) Pharmacies.
(3) Drug manufacturers.
(4) Common or contract carriers and warehousemen.
(5) Hospitals, physicians, and other health care providers.
(6) State attorneys general.
(7) Federal, State, local, and tribal law enforcement agencies.
(8) Health insurance providers and entities that provide
pharmacy benefit management services on behalf of a health
insurance provider.
(9) Wholesale drug distributors.
(10) Veterinarians.
(11) Professional medical societies and boards.
(12) State and local public health authorities.
(13) Health services research organizations.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (This measure has not been amended since it was reported to the Senate on February 11, 2016. Ensuring Patient Access and Effective Drug Enforcement Act of 2016 (Sec. 2) This bill amends the Controlled Substances Act to define phrases related to the Drug Enforcement Administration's (DEA's) authority to register manufacturers, distributors, and dispensers of controlled substances. Currently, the DEA registers a controlled substances manufacturer, distributor, or dispenser if it is in the public interest after considering certain factors, including factors relevant to and consistent with the public health and safety. This bill defines "factors as may be relevant to and consistent with the public health and safety" to mean factors relevant to and consistent with the specified purposes of the Controlled Substances Act. Additionally, current law allows the DEA to immediately suspend a registration to prevent imminent danger to the public health and safety. This bill defines "imminent danger to the public health and safety" to mean an immediate threat of death, serious bodily harm, or abuse of a controlled substance due to a registrant's failure to maintain effective controls against diversion. The bill revises and expands the required elements of an order to show cause issued by the DEA before it denies, revokes, or suspends a registration for a Controlled Substances Act violation. An order to show cause must specifically state the legal basis for the action and notify the registrant of the opportunity to submit a corrective action plan. (Sec. 3) The Food and Drug Administration, the Substance Abuse and Mental Health Services Administration, the Agency for Research and Quality, and the Centers for Disease Control and Prevention, in coordination with the DEA, must report to Congress on: obstacles to legitimate patient access to controlled substances; diversion of controlled substances; how collaboration between law enforcement agencies and the pharmaceutical industry can benefit patients and prevent diversion and abuse of controlled substances; the availability of and gaps in medical education, training opportunities, and comprehensive clinical guidance for pain management and opioid prescribing; enhancements to prescription drug monitoring programs; and improvements to prescription opioid reporting requirements. | {"src": "billsum_train", "title": "Ensuring Patient Access and Effective Drug Enforcement Act of 2016"} | 1,277 | 455 | 0.591106 | 1.805597 | 0.701001 | 3.428218 | 3.024752 | 0.819307 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taxpayer Browsing Protection Act''.
SEC. 2. PENALTY FOR UNAUTHORIZED INSPECTION OF TAX RETURNS OR TAX
RETURN INFORMATION.
(a) In General.--Part I of subchapter A of chapter 75 of the
Internal Revenue Code of 1986 (relating to crimes, other offenses, and
forfeitures) is amended by adding after section 7213 the following new
section:
``SEC. 7213A. UNAUTHORIZED INSPECTION OF RETURNS OR RETURN INFORMATION.
``(a) Prohibitions.--
``(1) Federal employees and other persons.--It shall be
unlawful for--
``(A) any officer or employee of the United States, or
``(B) any person described in section 6103(n) or an officer
or employee of any such person,
willfully to inspect, except as authorized in this title, any
return or return information.
``(2) State and other employees.--It shall be unlawful for any
person (not described in paragraph (1)) willfully to inspect,
except as authorized in this title, any return or return
information acquired by such person or another person under a
provision of section 6103 referred to in section 7213(a)(2).
``(b) Penalty.--
``(1) In general.--Any violation of subsection (a) shall be
punishable upon conviction by a fine in any amount not exceeding
$1,000, or imprisonment of not more than 1 year, or both, together
with the costs of prosecution.
``(2) Federal officers or employees.--An officer or employee of
the United States who is convicted of any violation of subsection
(a) shall, in addition to any other punishment, be dismissed from
office or discharged from employment.
``(c) Definitions.--For purposes of this section, the terms
`inspect', `return', and `return information' have the respective
meanings given such terms by section 6103(b).''.
(b) Technical Amendments.--
(1) Paragraph (2) of section 7213(a) of such Code is amended by
inserting ``(5),'' after ``(m)(2), (4),''.
(2) The table of sections for part I of subchapter A of chapter
75 of such Code 1986 is amended by inserting after the item
relating to section 7213 the following new item:
``Sec. 7213A. Unauthorized inspection of returns or return
information.''.
(c) Effective Date.--The amendments made by this section shall
apply to violations occurring on and after the date of the enactment of
this Act.
SEC. 3. CIVIL DAMAGES FOR UNAUTHORIZED INSPECTION OF RETURNS AND RETURN
INFORMATION; NOTIFICATION OF UNLAWFUL INSPECTION OR
DISCLOSURE.
(a) Civil Damages for Unauthorized Inspection.-- Subsection (a) of
section 7431 of the Internal Revenue Code of 1986 is amended--
(1) by striking ``Disclosure'' in the headings for paragraphs
(1) and (2) and inserting ``Inspection or disclosure'', and
(2) by striking ``discloses'' in paragraphs (1) and (2) and
inserting ``inspects or discloses''.
(b) Notification of Unlawful Inspection or Disclosure.--Section
7431 of such Code is amended by redesignating subsections (e) and (f)
as subsections (f) and (g), respectively, and by inserting after
subsection (d) the following new subsection:
``(e) Notification of Unlawful Inspection and Disclosure.--If any
person is criminally charged by indictment or information with
inspection or disclosure of a taxpayer's return or return information
in violation of--
``(1) paragraph (1) or (2) of section 7213(a),
``(2) section 7213A(a), or
``(3) subparagraph (B) of section 1030(a)(2) of title 18,
United States Code,
the Secretary shall notify such taxpayer as soon as practicable of such
inspection or disclosure.''.
(c) No Damages for Inspection Requested by Taxpayer.--Subsection
(b) of section 7431 of such Code is amended to read as follows:
``(b) Exceptions.--No liability shall arise under this section with
respect to any inspection or disclosure--
``(1) which results from a good faith, but erroneous,
interpretation of section 6103, or
``(2) which is requested by the taxpayer.''.
(d) Conforming Amendments.--
(1) Subsections (c)(1)(A), (c)(1)(B)(i), and (d) of section
7431 of such Code are each amended by inserting ``inspection or''
before ``disclosure''.
(2) Clause (ii) of section 7431(c)(1)(B) of such Code is
amended by striking ``willful disclosure or a disclosure'' and
inserting ``willful inspection or disclosure or an inspection or
disclosure''.
(3) Subsection (f) of section 7431 of such Code, as
redesignated by subsection (b), is amended to read as follows:
``(f) Definitions.--For purposes of this section, the terms
`inspect', `inspection', `return', and `return information' have the
respective meanings given such terms by section 6103(b).''.
(4) The section heading for section 7431 of such Code is
amended by inserting ``inspection or'' before ``disclosure''.
(5) The table of sections for subchapter B of chapter 76 of
such Code is amended by inserting ``inspection or'' before
``disclosure'' in the item relating to section 7431.
(6) Paragraph (2) of section 7431(g) of such Code, as
redesignated by subsection (b), is amended by striking ``any use''
and inserting ``any inspection or use''.
(e) Effective Date.--The amendments made by this section shall
apply to inspections and disclosures occurring on and after the date of
the enactment of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Taxpayer Browsing Protection Act - Amends the Internal Revenue Code to make it unlawful for Federal employees, State employees, or other specified persons to willfully inspect, except as authorized, any tax return or return information. Provides for a monetary penalty, imprisonment, or both for violators. (Current law imposes penalties only for the unlawful disclosure of such information.) Permits civil damages for the unauthorized inspection or disclosure (currently, only for the unauthorized disclosure) of tax returns and return information. Requires the taxpayer to be notified as soon as practicable if any person is criminally charged by indictment with inspecting or disclosing the taxpayer's return or return information. | {"src": "billsum_train", "title": "Taxpayer Browsing Protection Act"} | 1,458 | 160 | 0.549436 | 1.497564 | 0.977676 | 2.088 | 9.888 | 0.824 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Uranium Enrichment Decontamination
and Decommissioning Fund Reauthorization Act of 2009''.
SEC. 2. REAUTHORIZATION OF URANIUM ENRICHMENT DECONTAMINATION AND
DECOMMISSIONING FUND.
(a) Amounts in Fund.--Section 1802 of the Atomic Energy Act of 1954
(42 U.S.C. 2297g-1) is amended--
(1) in subsection (a)--
(A) by striking ``$518,233,333'' and inserting
``$790,000,000''; and
(B) by striking ``the Energy Policy Act of 1992''
and inserting ``the Uranium Enrichment Decontamination
and Decommissioning Fund Reauthorization Act of 2009'';
(2) in subsection (c), by inserting after ``adjusted for
inflation'' the following: ``beginning 1 year after the date of
enactment of the Energy Policy Act of 1992'';
(3) in subsection (d), by striking ``15 years after the
date of the enactment of this title'' and inserting ``12 years
after the date of enactment of the Uranium Enrichment
Decontamination and Decommissioning Fund Reauthorization Act of
2009''; and
(4) in subsection (e)--
(A) in paragraph (1), by striking ``15 years after
the date of the enactment of this title'' and inserting
``12 years after the date of enactment of the Uranium
Enrichment Decontamination and Decommissioning Fund
Reauthorization Act of 2009''; and
(B) in paragraph (2), by striking ``under such
subsection'' and inserting ``during the 12-year period
beginning on the date of enactment of the Uranium
Enrichment Decontamination and Decommissioning Fund
Reauthorization Act of 2009''.
(b) Reports.--Section 1805 of the Atomic Energy Act of 1954 (42
U.S.C. 2297g-4) is amended--
(1) in the first sentence, by striking ``the date of the
enactment of this title'' and inserting ``the date of enactment
of the Uranium Enrichment Decontamination and Decommissioning
Fund Reauthorization Act of 2009''; and
(2) in the second sentence, by striking ``5th report
submitted under this section'' and inserting ``third report
submitted after the date of enactment of the Uranium Enrichment
Decontamination and Decommissioning Fund Reauthorization Act of
2009''.
SEC. 3. AUTHORIZATION AND DETERMINATION OF BENEFITS FOR AFFECTED
PARTICIPANTS.
(a) Authorization for Payment to Affected Participants.--To the
extent provided in advance in appropriations Acts, the Secretary of
Energy (referred to in this Act as the ``Secretary'')--
(1) shall establish a program under which the Secretary
shall pay any affected participant described in subsection (b)
a one-time lump sum payment in an amount to be determined by
the Secretary under subsection (c); and
(2) may contract for the procurement of information
necessary to enable the Secretary to effectively carry out the
provisions of this section.
(b) Affected Participant.--For the purposes of this section, an
affected participant is a person described under section 3110(a)(6)(B)
of the USEC Privatization Act (42 U.S.C. 2297h-8(a)(6)(B)).
(c) Determination of Payment for Affected Participants.--
(1) In general.--The Secretary shall pay an affected
participant, pursuant to an application timely filed by such
participant, a one-time lump sum payment equal to an amount
which bears the same ratio to the total recoverable amount
described in paragraph (2) as the actuarial present value of
the accrued benefits of the affected participant under the
pension plan from which a transfer of plan assets and
liabilities required under section 3110(a)(2) of the USEC
Privatization Act (42 U.S.C. 2297h-8(a)(2)) was made (as of
immediately before the transfer) bears to the actuarial present
value of the accrued benefits of all affected participants
under the pension plan from which the transfer under such
section was made (as of immediately before the transfer).
(2) Total recoverable amount.--For purposes of this
subsection, the total recoverable amount is an amount equal to
the excess of--
(A) the present value of benefits that would have
been accrued or accruable by all affected participants
under the pension plan from which the transfer under
section 3110(a)(2) of the USEC Privatization Act was
made if such transfer had not occurred and if benefit
increases had occurred, in connection with the
transferred liabilities, under such plan equivalent to
benefit increases that have occurred under such plan in
connection with the other liabilities under such plan,
over
(B) the present value of benefits accrued or
accruable by all such affected participants under the
pension plan to which the transfer under section
3110(a)(2) of the USEC Privatization Act (42 U.S.C.
2297h-8(a)(2)) was made.
(3) Considerations.--In determining a payment under this
section, the Secretary shall consider, with respect to the
pension plan from which the transfer under section 3110(a)(2)
of the USEC Privatization Act (42 U.S.C. 2297h-8(a)(2)) was
made and the pension plan to which such transfer was made,
benefits accrued as of the date of enactment of this Act and
accruable through attainment of normal retirement age, assuming
continued service under the plan until attainment of such age
and the same rate of basic pay subject to increases reflective
of reasonably anticipated increases in the cost of living.
(4) Successor plans.--For the purposes of paragraphs (2)
and (3), any reference to the pension plan from which the
transfer under section 3110(a)(2) of the USEC Privatization Act
(42 U.S.C. 2297h-8(a)(2)) was made shall include a reference to
any successor to such plan (other than the pension plan to
which the transfer required by such section was made) if such
successor plan received assets in excess of the actuarial
present value of accrued benefits under such plan upon
succession.
(d) Pro Rata Reduction of Payment.--The Secretary shall provide for
pro rata reductions in payment amounts determined by the Secretary
under subsection (c) to affected participants described in subsection
(b) to the extent necessary to adjust for amounts provided in
appropriation Acts for purposes of the program under subsection (a).
(e) Determination of Findings of Fact.--The Secretary may make
findings of facts and decisions as to the rights of any affected
participant applying for a payment under this section.
(f) Rulemaking.--Not later than 60 days after the date of enactment
of this Act, the Secretary shall issue regulations to carry out this
section. Such regulations shall provide a requirement for applicants
for payments under this section to consent to the release of any
information requested by the Secretary.
(g) Public Notice.--To the extent practicable, the Secretary shall
provide notice to individuals who may be eligible to receive a payment
under this section.
(h) Application for Payment.--To be eligible for a payment under
this section, an affected participant shall prepare and submit to the
Secretary an application--
(1) not later than 240 days after the date of enactment of
this Act;
(2) in such manner; and
(3) containing such information as the Secretary requires.
(i) Timely Payments.--To the extent practicable, the Secretary
shall determine and make a payment to an affected participant not later
than 180 days after such participant's submission of an application for
payment under subsection (h).
(j) Election To Treat Payment as Rollover Contribution to IRA.--
(1) In general.--Any affected participant who receives a
payment under this section may, at any time during the 1-year
period beginning on the day after the date on which such
payment was received, make one or more contributions in an
aggregate amount not to exceed the amount of such payment to an
individual retirement plan (as defined by section 7701(a)(37)
of the Internal Revenue Code of 1986).
(2) Treatment of contributions to iras.--For purposes of
the Internal Revenue Code of 1986, if a contribution is made to
an individual retirement plan pursuant to paragraph (1), then--
(A) except as provided in paragraph (3), such
contribution shall not be included in gross income, and
(B) to the extent of the amount of such
contribution, such contribution shall be treated--
(i) as a distribution described in section
408(d)(3) of such Code, and
(ii) as having been transferred to the
individual retirement account in a direct
trustee to trustee transfer within 60 days of
the distribution.
(3) Special rule for roth iras.--If a contribution is made
under paragraph (1) to a Roth IRA, such contribution shall be
includible in gross income and, unless the taxpayer elects not
to have this clause apply, such contribution shall be so
included ratably over the 2-taxable-year period beginning with
the first taxable year in which such contribution is made.
(k) Hearing and Judicial Review.--
(1) Hearing.--
(A) In general.--Upon request by any affected
participant applying for a payment under this section,
who makes a showing in writing that such participant's
rights may have been prejudiced by any decision the
Secretary has rendered, the Secretary shall give such
participant reasonable notice and opportunity for a
hearing with respect to such decision, and, if a
hearing is held, shall, on the basis of evidence
adduced at the hearing, affirm, modify, or reverse the
Secretary's findings of fact and such decision.
(B) Request for hearing.--Any request for a hearing
under this subsection must be filed within 60 days
after notice of a decision by the Secretary is received
by the affected participant making such a request.
(C) Secretary.--The Secretary is further
authorized, on the Secretary's own motion, to hold such
hearings and to conduct such investigations and other
proceedings as the Secretary may deem necessary or
proper for the administration of this section.
(2) Judicial review.--
(A) In general.--Any affected participant, after
any final decision of the Secretary made after a
hearing to which such participant was a party,
irrespective of the amount in controversy, may obtain a
review of such decision by a civil action commenced
within 60 days after the mailing to such participant of
notice of such decision or within such further time as
the Secretary may allow.
(B) Jurisdiction and venue.--An action under this
section shall be brought in the district court of the
United States for the judicial district in which the
affected participant plaintiff resides, or where such
plaintiff has a principal place of business, or, if
such plaintiff does not reside or have a principal
place of business within any such judicial district, in
the United States District Court for the District of
Columbia.
(C) Judicial determination.--The court shall have
power to enter, upon the pleadings and transcript of
the record, a judgment affirming, modifying, or
reversing the decision of the Secretary, with or
without remanding the cause for a rehearing.
(D) Final judgment.--The judgment of the court
shall be final, except that it shall be subject to
review in the same manner as a judgment in other civil
actions.
(E) Change in secretary.--Any action instituted in
accordance with this section shall survive
notwithstanding any change in the person occupying the
office of Secretary or any vacancy in such office.
(l) Secretary's Responsibility; No Third Party Liability.--
(1) Secretary's responsibility.--The Secretary shall be
responsible for all payments and costs under this section, for
reporting payments to affected participants and the Internal
Revenue Service on Form number 1099R (or such other form as
required by the Internal Revenue Service) for income tax
purposes, and for answering questions relating to the
implementation of this section for affected participants and
applicants for payment. In no event shall the current or former
employer of an affected participant or applicant be responsible
for providing communication, making payments, reporting
payments, answering questions, or providing calculations.
(2) No third party liability.--Nothing in this section
shall be deemed to impose any liability or cost, or authorize
any claim against the operator of the Department of Energy's
uranium enrichment facility in Paducah, Kentucky, or against
any person or entity other than the Secretary.
(m) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such amounts as necessary to carry out
this section.
SEC. 4. RE-ENRICHMENT PLAN.
(a) Plan.--Not later than 180 days after the date of enactment of
this Act, the Secretary shall develop, complete, and publish in the
Federal Register, a plan to re-enrich and sell certain cylinders of
uranium tailings.
(b) Contents.--The plan under subsection (a) shall provide for the
following:
(1) Re-enrichment requirement.--
(A) Requirement.--The Secretary shall seek to enter
into a contract with the operator of the Department of
Energy's uranium enrichment facility in Paducah,
Kentucky, for the re-enrichment of cylinders of uranium
tailings, with an assay of such value as the Secretary
finds economically suitable, located at Government-
owned uranium enrichment sites in Paducah, Kentucky,
and Portsmouth, Ohio.
(B) Amount.--A contract under subparagraph (A)
shall provide for re-enrichment at the Paducah facility
of 50 percent of the materials in the cylinders
described in subparagraph (A).
(C) Schedule.--A contract under subparagraph (A)
shall provide for re-enrichment to begin not later than
90 days after the date of the publication in the
Federal Register of the plan under this section,
subject to plant capacity and availability.
(D) Suspension or cancellation.--The Secretary may
suspend or cancel a contract under subparagraph (A) for
re-enrichment, in accordance with the Federal
Acquisition Regulation, if the Secretary determines--
(i) the operator of the Paducah facility
has not fulfilled obligations regarding such
re-enrichment under the contract; or
(ii) economic considerations are not
conducive to carry out the contract at that
time.
(2) Sale of product of re-enrichment.--The Secretary shall
sell or contract for the sale of the product of re-enrichment
carried out pursuant to paragraph (1).
(3) Sale of remaining uranium tailings.--
(A) In general.--The Secretary shall sell 50
percent of the materials in the cylinders described in
subparagraph (A) of paragraph (1) to qualified buyers.
(B) Qualified buyer.--For purposes of this
paragraph, the term ``qualified buyer'' means any
entity licensed, under the Atomic Energy Act of 1954
(42 U.S.C. 2011 et seq.), to possess materials in the
cylinders described in subparagraph (A) of paragraph
(1).
(C) Preference.--In selling the materials in the
cylinders described in subparagraph (A) of paragraph
(1), the Secretary shall give preference to qualified
buyers committed (as determined by the Secretary) to
re-enrichment of such materials in the United States.
(D) Additional contract for material not sold.--The
Secretary shall seek to enter into a contract with the
operator of the Department of Energy's uranium
enrichment facility in Paducah, Kentucky, for the re-
enrichment of any materials in the cylinders described
in subparagraph (A) of paragraph (1) not sold pursuant
to subparagraph (A) of this paragraph.
(4) Unable to contract.--If the Secretary does not enter
into a contract under subparagraph (A) of paragraph (1) within
270 days after the date of enactment of this Act, the Secretary
may do either or both of the following:
(A) Defer negotiation of such a contract until not
later than the last day of calendar year 2014.
(B) Sell the amount of the materials in the
cylinders described in subparagraph (B) of paragraph
(1) under terms consistent with the plan under this
section. | Uranium Enrichment Decontamination and Decomissioning Fund Reauthorization Act of 2009 - Amends the Atomic Energy Act of 1954 to reauthorize, and increase the maximum mandatory amounts in, the Uranium Enrichment Decontamination and Decommissioning Fund.
Directs the Secretary of Energy to establish a program to pay any affected participant under the USEC Privatization Act a one-time sum payment of benefits in an amount to be determined by the Secretary.
Limits affected participants to persons who: (1) retired from active employment at one of the gaseous diffusion plants on or before the United States Enrichment Corporation (USEC) privatization date as vested participants in a pension; and (2) are employed by the USEC's operating contractor on or before the privatization date and are vested participants in a pension plan.
Directs the Secretary to develop, complete, and publish in the Federal Register a plan to re-enrich and sell certain cylinders of uranium tailings. | {"src": "billsum_train", "title": "To reauthorize the Uranium Enrichment Decontamination and Decommissioning Fund, to authorize the Secretary of Energy to pay affected participants under a pension plan referred to in the USEC Privatization Act for benefit increases not received, to direct the Secretary of Energy to provide a plan for the re-enrichment of certain uranium tailings, and for other purposes."} | 3,727 | 226 | 0.599829 | 1.678724 | 0.580693 | 3.184971 | 18.612717 | 0.872832 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Farm Income and Trade Equity Act of
1999''.
SEC. 2. TRANSITIONAL INTERNATIONAL MARKETING EQUITY PAYMENTS.
Subtitle B of the Agricultural Market Transition Act (7 U.S.C. 7211
et seq.) is amended by adding at the end the following:
``SEC. 119. TRANSITIONAL INTERNATIONAL MARKETING EQUITY PAYMENTS.
``(a) In General.--Not later than September 30, 1999, an owner or
producer subject to a contract that is actively engaged in farming may
make a 1-time election for each of the 1999 and subsequent fiscal years
to--
``(1) receive a payment for a loan commodity under this
section;
``(2) receive a marketing assistance loan for the loan
commodity based on the loan rate established under section
132(g); and
``(3) forfeit contract payments and marketing assistance
loans payable under other provisions of this subtitle and
subtitle C.
``(b) Payment Amount.--Subject to subsection (f), the amount of a
payment made to an owner or producer for a crop of a loan commodity
under this section shall be equal to the product obtained by
multiplying--
``(1) the payment rate determined under subsection (c); by
``(2) the acreage base for the crop determined under
subsection (d); by
``(3) the payment yield for the crop for the farm
determined under subsection (e).
``(c) Payment Rate.--
``(1) Wheat, feed grains, and oilseeds.--
``(A) In general.--The payment rate for a crop of
wheat, corn, barley, and oilseeds under subsection
(b)(1) shall be equal to the difference between--
``(i) the European Union support level for
the crop determined under this paragraph; and
``(ii) the loan rate for a marketing
assistance loan for the crop determined under
section 132(g).
``(B) European union support level.--The European
support level for a crop under subparagraph (A)(i)
shall be equal to the sum of--
``(i) the intervention price paid by the
European Union for the crop (in United States
dollars) determined under subparagraph (C); and
``(ii) the amount of compensatory payments
paid by the European Union for the crop (in
United States dollars) determined under
subparagraph (D).
``(C) Intervention price.--The intervention price
for a crop under subparagraph (B)(i) shall be
determined by--
``(i) multiplying--
``(I) the European intervention
price for the crop in euros per metric
ton; by
``(II) the average European-United
States exchange rate in dollars per
euro during the immediately preceding
12 months; and
``(ii) dividing the product obtained under
clause (i) by the number of bushels per metric
ton for the crop.
``(D) Compensatory payments.--The amount of
compensatory payments under subparagraph (B)(ii) shall
be determined by--
``(i) multiplying--
``(I) the amount of compensatory
payments made by the European Union for
the crop in euros per metric ton; by
``(II) the average European-United
States exchange rate in dollars per
euro during the immediately preceding
12 months; and
``(ii) dividing the product obtained under
clause (i) by the number of bushels per metric
ton for the crop.
``(E) Other feed grains.--The payment rate for a
crop of grain sorghum and oats, respectively, under
subsection (b)(1) shall be established at such level as
the Secretary determines is fair and reasonable in
relation to the payment rate for corn under this
paragraph, taking into consideration the feeding value
of the commodity in relation to corn.
``(2) Cotton and rice.--The payment rate for a crop of
upland cotton, extra long staple cotton, and rice,
respectively, under subsection (b)(1) shall be established at
such level as the Secretary determines is fair and reasonable
in relation to the payment rate for wheat under this paragraph,
taking into consideration the historical price
relationship between the commodity and wheat (as determined by the
Secretary).
``(3) Adjustment.--The Secretary may adjust the payment
rate for a crop of a loan commodity under this subsection to
provide support for owners and producers at a level that is
consistent with the amount of compensatory payments made by the
European Union for the loan commodity.
``(d) Acreage Base.--The acreage base for a crop of a loan
commodity under subsection (b)(2) shall be 85 percent of the contract
acreage.
``(e) Payment Yield.--The payment yield for a crop of a loan
commodity under subsection (b)(3) shall be the farm program payment
yield.
``(f) Maximum Amount of Payments and Loan Gains.--
``(1) Limitation on payments.--For any fiscal year, the
total amount of payments made under subsection (b)(1) to a
person may not exceed $40,000.
``(2) Limitation on marketing loan gains.--For any crop
year, the total amount of any gain realized by a person from
repaying marketing assistance loans under subsection (a)(2) for
1 or more loan commodities at a lower level than the original
loan rate established for the loan commodities under section
132 (other than subsection (g)) shall be $75,000.
``(3) Regulation.--
``(A) In general.--The Secretary shall promulgate a
regulation--
``(i) defining the term `person' for
purposes of this subsection that ensures, to
the maximum extent practicable, that
individuals of the same family, entities under
the ownership or control of the same
corporation, or other related parties do not
receive multiple payments or marketing
assistance loans under subsection (a); and
``(ii) prescribing such rules as the
Secretary determines are necessary to ensure a
fair and reasonable application of the
limitations established under this subsection.
``(B) Related provisions.--The regulation shall be
consistent with paragraphs (5) through (7) of section
1001 of the Food Security Act of 1985 (7 U.S.C.
1308).''.
SEC. 3. NONRECOURSE MARKETING ASSISTANCE LOANS.
Section 132 of the Agricultural Market Transition Act (7 U.S.C.
7232) is amended by adding at the end the following:
``(g) Alternative Loan Rate.--Subject to section 119(f),
notwithstanding subsections (a) through (f), in the case of an owner or
producer described in section 119(a), the loan rate for a crop of a
loan commodity shall be 100 percent of the simple average price
received by producers of the loan commodity, as determined by the
Secretary, during the marketing years for the immediately preceding 5
crops of the loan commodity, excluding the year in which the average
price was the highest and the year in which the average price was the
lowest.''.
SEC. 4. INCREASED AGRICULTURAL TRADE ASSISTANCE IN RESPONSE TO DIRECT
EXPORT SUBSIDIES BY EUROPEAN UNION.
Section 301(e) of the Agricultural Trade Act of 1978 (7 U.S.C.
5651(e)) is amended--
(1) in paragraph (1)--
(A) by striking ``The'' and inserting ``Subject to
paragraph (3), the''; and
(B) by striking subparagraph (E) and inserting the
following:
``(E) $3,850,000,000 for fiscal year 2000;''; and
(2) by adding at the end the following:
``(3) Response to direct export subsidies by european
union.--
``(A) Carryover.--Amounts made available under
subparagraphs (E) through (G) of paragraph (1) shall
remain available until expended.
``(B) Minimum funding levels.--Subject to paragraph
(1) and subparagraphs (A) and (C), for each of fiscal
years 2000 through 2002, the Commodity Credit
Corporation shall make available to carry out the
program established under this section and the dairy
export incentive program established under section 153
of the Food Security Act of 1985 (15 U.S.C. 713a-14) an
amount that is equal to the amount the Secretary
determines the European Union will expend on direct
export subsidies for that fiscal year.
``(C) Uruguay round trade agreement limitation.--
For each of fiscal years 2000 through 2002, if the
Commodity Credit Corporation is unable to comply with
subparagraph (B) as the result of a limitation imposed
by the Uruguay Round Trade Agreement on Agriculture,
the Secretary shall increase the amount of assistance
made available to carry out title I of the Agricultural
Trade Development and Assistance Act of 1954 (7 U.S.C.
1701 et seq.) by an amount that, when combined with
assistance made available by the Corporation under
subparagraph (B), is equal to the amount that the
Secretary determines the European Union will expend on
direct export subsidies for that fiscal year.''.
SEC. 5. APPLICATION.
(a) In General.--Except as provided in subsection (b), this Act and
the amendments made by this Act shall apply beginning with the 1999
crop of a loan commodity (as defined in section 102 of the Agricultural
Market Transition Act (7 U.S.C. 7202)).
(b) Agricultural Trade Assistance.--The amendments made by section
4 shall apply beginning with fiscal year 2000. | Farm Income and Trade Equity Act of 1999 - Amends the Agricultural Market Transition Act to authorize agricultural owners or producers subject to production flexibility contracts to permanently elect to receive payments and marketing assistance loans which factor in European Union (EU) support levels in lieu of contract payments and marketing assistance loans under such Act.
Sets forth payment rate and related provisions for: (1) wheat, feed grains, and oilseeds; and (2) cotton and rice.
Sets forth alternative loan rate provisions for electing owners or producers.
Amends the Agricultural Trade Act of 1978 to provide for increased funding (including situations affected by Uruguay Round Trade Agreement caps) for the export enhancement program and the dairy export incentive program (under the Food Security Act of 1985) equal to direct EU subsidies. | {"src": "billsum_train", "title": "Farm Income and Trade Equity Act of 1999"} | 2,162 | 157 | 0.515952 | 1.416993 | 0.776899 | 2.741722 | 12.940397 | 0.847682 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Opportunities for Service-
Disabled Veteran-Owned Small Businesses Act of 2014''.
SEC. 2. SMALL BUSINESS DEFINITION OF SMALL BUSINESS CONCERN
CONSOLIDATED.
Section 3(q) of the Small Business Act (15 U.S.C. 632(q)) is
amended--
(1) by amending paragraph (2) to read as follows:
``(2) Small business concern owned and controlled by
service-disabled veterans.--The term `small business concern
owned and controlled by service-disabled veterans' means a
small business concern--
``(A)(i) not less than 51 percent of which is owned
by one or more service-disabled veterans or, in the
case of any publicly owned business, not less than 51
percent of the stock of which is owned by one or more
service-disabled veterans; and
``(ii) the management and daily business operations
of which are controlled by one or more service-disabled
veterans or, in the case of a veteran with permanent
and severe disability, the spouse or permanent
caregiver of such veteran; or
``(B) not less than 51 percent of which is owned by
one or more veterans with service-connected
disabilities that are permanent and total who are
unable to manage the daily business operations of such
concern or, in the case of a publicly owned business,
not less than 51 percent of the stock of which is owned
by one or more such veterans.''; and
(2) by adding at the end the following:
``(6) Treatment of businesses after death of veteran-
owner.--
``(A) In general.--If the death of a service-
disabled veteran causes a small business concern to be
less than 51 percent owned by one or more such
veterans, the surviving spouse of such veteran who
acquires ownership rights in such small business
concern shall, for the period described in subparagraph
(B), be treated as if the surviving spouse were that
veteran for the purpose of maintaining the status of
the small business concern as a small business concern
owned and controlled by service-disabled veterans.
``(B) Period described.--The period referred to in
subparagraph (A) is the period beginning on the date on
which the service-disabled veteran dies and ending on
the earliest of the following dates:
``(i) The date on which the surviving
spouse remarries.
``(ii) The date on which the surviving
spouse relinquishes an ownership interest in
the small business concern.
``(iii) The date that--
``(I) in the case of a surviving
spouse of a veteran with a service-
connected disability rated as 100
percent disabling or who dies as a
result of a service-connected
disability, is 10 years after the date
of the veteran's death; or
``(II) in the case of a surviving
spouse of a veteran with a service-
connected disability rated as less than
100 percent disabling who does not die
as a result of a service-connected
disability, is three years after the
date of the veteran's death.''.
SEC. 3. VETERANS AFFAIRS DEFINITION OF SMALL BUSINESS CONCERN
CONSOLIDATED.
Section 8127 of title 38, United States Code, is amended--
(1) by striking subsection (h); and
(2) in subsection (l)(2), by striking ``means'' and all
that follows through the period at the end and inserting the
following: ``has the meaning given that term under section 3(q)
of the Small Business Act (15 U.S.C. 632(q)).''.
SEC. 4. GAO REPORT ON VERIFICATION OF STATUS.
Not later than 270 days after the date of enactment of this Act,
the Comptroller General of the United States shall submit to the
Committee on Veterans' Affairs and the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on Veterans' Affairs
and the Committee on Small Business of the House of Representatives a
report--
(1) evaluating whether it is practicable for the
Administrator of the Small Business Administration or the
Secretary of Veterans Affairs to have Government-wide
responsibility for verifying whether a business concern
purporting to be a small business concern owned and controlled
by service-disabled veterans (as defined under section 3(q) of
the Small Business Act (15 U.S.C. 632(q)), as amended by this
Act) qualifies as a small business concern owned and controlled
by service-disabled veterans; and
(2) making recommendations on the advisability of the
Administrator of the Small Business Administration or the
Secretary of Veterans Affairs having such Government-wide
responsibility. | Improving Opportunities for Service-Disabled Veteran-Owned Small Businesses Act of 2014 - Amends the Small Business Act to expand the definition of "small business concern owned and controlled by service-disabled veterans" for purposes of federal agencies awarding small business contracts pursuant to Small Business Administration (SBA) programs to include: (1) a small business concern not less than 51% of which is owned by one or more veterans with service-connected disabilities that are permanent and total who are unable to manage the daily business operations of such concern; or (2) in the case of a publicly owned business, a small business concern not less than 51% of the stock of which is owned by one or more such veterans. (Currently, such veterans with permanent and total disabilities are provided for in a separate small business program under veterans' benefits laws carried out by the Department of Veterans Affairs [VA].) Revises the VA definition of "small business concern owned and controlled by veterans" to be the same as the SBA definition of such term, thereby making the eligibility requirements for participation in veteran-owned small business contracting programs consistent for both SBA programs and VA programs. Provides that if the death of a service-disabled veteran causes a small business concern to be less than 51% owned by one or more such veterans, the surviving spouse of such veteran who acquires ownership rights in such small business concern shall be treated as if the surviving spouse were that veteran for the purpose of maintaining the business's eligibility for such contracting programs until the earliest of the following dates: (1) the date on which the surviving spouse either remarries or relinquishes the ownership interest, (2) 10 years after the veteran's death in the case of a surviving spouse of a veteran with a service-connected disability rated as 100% disabling or who dies as a result of a service-connected disability, or (3) 3 years after the veteran's death in the case of a surviving spouse of a veteran with a service-connected disability rated as less than 100% disabling who does not die as a result of a service-connected disability. (Currently, the SBA program does not provide such treatment for surviving spouses while the VA program provides such treatment only until remarriage, ownership relinquishment, or for 10 years with respect to surviving spouses of veterans with a 100% disabling service-connected disability or who die as a result of a service-connected disability.) Requires a Comptroller General (GAO) report on the advisability of the SBA or the VA having government-wide responsibility for verifying businesses purporting to be small business concerns owned and controlled by service-disabled veterans. | {"src": "billsum_train", "title": "Improving Opportunities for Service-Disabled Veteran-Owned Small Businesses Act of 2014"} | 1,088 | 670 | 0.709623 | 2.401722 | 0.794607 | 3.968504 | 1.909449 | 0.850394 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``NSA Oversight Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) On September 11, 2001, acts of treacherous violence
were committed against the United States and its citizens.
(2) Such acts render it both necessary and appropriate that
the United States exercise its right to self-defense by
protecting United States citizens both at home and abroad.
(3) The Federal Government has a duty to pursue al Qaeda
and other enemies of the United States with all available
tools, including the use of electronic surveillance, to thwart
future attacks on the United States and to destroy the enemy.
(4) The President of the United States possesses the
inherent authority to engage in electronic surveillance of the
enemy outside of the United States consistent with his
authority as Commander-in-Chief under Article II of the
Constitution.
(5) Congress possesses the authority to regulate electronic
surveillance within the United States.
(6) The Fourth Amendment to the Constitution guarantees to
the American people the right ``to be secure in their persons,
houses, papers, and effects, against unreasonable searches and
seizures'' and provides that courts shall issue ``warrants'' to
authorize searches and seizures, based upon probable cause.
(7) The Supreme Court has consistently held for nearly 40
years that the monitoring and recording of private
conversations constitutes a ``search and seizure'' within the
meaning of the Fourth Amendment.
(8) The Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801 et seq.) and chapters 119 and 121 of title 18,
United States Code, were enacted to provide the legal authority
for the Federal Government to engage in searches of Americans
in connection with criminal investigations, intelligence
gathering, and counterintelligence.
(9) The Foreign Intelligence Surveillance Act of 1978 and
specified provisions of the Federal criminal code, were
expressly enacted as the ``exclusive means by which electronic
surveillance ... may be conducted'' domestically pursuant to
law (18 U.S.C. 2511(2)(f)).
(10) Warrantless electronic surveillance of Americans
inside the United States conducted without congressional
authorization may have a serious impact on the civil liberties
of citizens of the United States.
(11) United States citizens, such as journalists,
academics, and researchers studying global terrorism, who have
made international phone calls subsequent to the terrorist
attacks of September 11, 2001, and are law-abiding citizens,
may have the reasonable fear of being the subject of such
surveillance.
(12) Since the nature and criteria of the National Security
Agency (NSA) program is highly classified and unknown to the
public, many other Americans who make frequent international
calls, such as Americans engaged in international business,
Americans with family overseas, and others, have a legitimate
concern they may be the inadvertent targets of eavesdropping.
(13) The President has sought and signed legislation
including the Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct Terrorism
(USA PATRIOT ACT) Act of 2001 (Public Law 107-56), and the
Intelligence Reform and Terrorism Protection Act of 2004
(Public Law 108-458), that have expanded authorities under the
Foreign Intelligence Surveillance Act of 1978.
(14) It may be necessary and desirable to amend the Foreign
Intelligence Surveillance Act of 1978 to address new challenges
in the Global War on Terrorism. The President should submit a
request for legislation to Congress to amend the Foreign
Intelligence Surveillance Act of 1978 if the President desires
that the electronic surveillance authority provided by such Act
be further modified.
(15) The Authorization for Use of Military Force (Public
Law 107-40), passed by Congress on September 14, 2001,
authorized military action against those responsible for the
attacks on September 11, 2001, but did not contain legal
authorization nor approve of domestic electronic surveillance
not authorized by chapters 119 or 121 of title 18, United
States Code, or the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1801 et seq.).
SEC. 3. REITERATION OF CHAPTERS 119 AND 121 OF TITLE 18, UNITED STATES
CODE, AND THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF
1978 AS THE EXCLUSIVE MEANS BY WHICH DOMESTIC ELECTRONIC
SURVEILLANCE MAY BE CONDUCTED.
(a) Exclusive Means.--Notwithstanding any other provision of law,
chapters 119 and 121 of title 18, United States Code, and the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) shall be
the exclusive means by which electronic surveillance may be conducted.
(b) Future Congressional Action.--Subsection (a) shall apply until
specific statutory authorization for electronic surveillance, other
than as an amendment to chapters 119 or 121 of title 18, United States
Code, or the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801 et seq.), is enacted. Such specific statutory authorization shall
be the only exception to subsection (a).
SEC. 4. DISCLOSURE REQUIREMENTS.
(a) Report.--As soon as practicable after the date of the enactment
of this Act, but not later than 14 days after such date, the President
shall submit to the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on Intelligence of
the Senate a report--
(1) on the Terrorist Surveillance Program of the National
Security Agency;
(2) on any program which involves the electronic
surveillance of United States persons in the United States, and
which is conducted by any department, agency, or other element
of the Federal Government, or by any entity at the direction of
a department, agency, or other element of the Federal
Government, without fully complying with the procedures set
forth in the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801 et seq.) or chapters 119 or 121 of title 18, United
States Code; and
(3) including a general description of each United States
person who has been the subject of such electronic surveillance
not authorized to be conducted under the Foreign Intelligence
Surveillance Act of 1978 or chapters 119 or 121 of title 18,
United States Code, and the basis for the selection of each
person for such electronic surveillance.
(b) Form.--The report submitted under subsection (a) may be
submitted in classified form.
(c) Access.--The Chair of the Permanent Select Committee on
Intelligence of the House of Representatives and the Chair of the
Select Committee on Intelligence of the Senate shall provide each
member of the Committees on the Judiciary of the House of
Representatives and the Senate, respectively, access to the report
submitted under subsection (a). Such access shall be provided in
accordance with security procedures required for the review of
classified information.
SEC. 5. FOREIGN INTELLIGENCE SURVEILLANCE COURT MATTERS.
(a) Authority for Additional Judges.--The first sentence of section
103(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1803(a)) is amended by striking ``judicial circuits'' and inserting
``judicial circuits, and any additional district court judges that the
Chief Justice considers necessary for the prompt and timely
consideration of applications under section 104,''.
(b) Consideration of Emergency Applications.--Section 105(f) of
such Act (50 U.S.C. 1805(f)) is amended by adding at the end the
following new sentence: ``The judge receiving an application under this
subsection shall review such application within 24 hours of the
application being submitted.''
SEC. 6. STREAMLINING FISA APPLICATION PROCESS.
(a) In General.--Section 104 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1804) is amended--
(1) in subsection (a)--
(A) in paragraph (6), by striking ``detailed
description'' and inserting ``summary description'';
(B) in paragraph (7)--
(i) in subparagraph (C), by striking
``techniques;'' and inserting ``techniques;
and'';
(ii) by striking subparagraph (D); and
(iii) by redesignating subparagraph (E) as
subparagraph (D); and
(C) in paragraph (8), by striking ``a statement of
the means'' and inserting ``a summary statement of the
means''; and
(2) in subsection (e)(1)(A), by striking ``or the Director
of National Intelligence'' and inserting ``the Director of
National Intelligence, or the Director of the Central
Intelligence Agency''.
(b) Conforming Amendment.--Section 105(a)(5) of such Act (50 U.S.C.
1805(a)(5)) is amended by striking ``104(a)(7)(E)'' and inserting
``104(a)(7)(D)''.
SEC. 7. INTERNATIONAL MOVEMENT OF TARGETS.
Section 105(d) of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1805(d)), as redesignated by section 7(4), is amended by
adding at the end the following new paragraph:
``(4) An order issued under this section shall remain in force
during the authorized period of surveillance notwithstanding the
absence of the target from the United States, unless the Government
files a motion to extinguish the order and the court grants the
motion.''.
SEC. 8. EXTENSION OF PERIOD FOR APPLICATIONS FOR ORDERS FOR EMERGENCY
ELECTRONIC SURVEILLANCE.
Section 105(f) of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1805(f)) is further amended by striking ``72 hours'' each
place it appears and inserting ``168 hours''.
SEC. 9. ENHANCEMENT OF ELECTRONIC SURVEILLANCE AUTHORITY IN WARTIME.
Section 111 of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1811) is amended by striking ``the Congress'' and inserting
``the Congress or an authorization for the use of military force
described in section 2(c)(2) of the War Powers Resolution (50 U.S.C.
1541(c)(2)) if such authorization contains a specific authorization for
electronic surveillance under this section.''.
SEC. 10. ACQUISITION OF COMMUNICATIONS BETWEEN PARTIES NOT IN THE
UNITED STATES.
The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801
et seq.) is further amended--
(1) by adding at the end of title I the following new
section:
``acquisition of communications between parties not in the united
states
``Sec. 112. (a) In General.--Notwithstanding any other provision
of this Act, a court order is not required for the acquisition of the
contents of any communication between persons that are not located
within the United States for the purpose of collecting foreign
intelligence information, without respect to whether the communication
passes through the United States or the surveillance device is located
within the United States.
``(b) Treatment of Intercepted Communications Involving a Domestic
Party.--If an acquisition described in subsection (a) inadvertently
collects a communication in which at least one party to the
communication is within the United States--
``(1) in the case of a communication acquired inside the
United States, the contents of such communication shall be
handled in accordance with minimization procedures adopted by
the Attorney General that require that no contents of any
communication to which a United States person is a party shall
be disclosed, disseminated, or used for any purpose or retained
for longer than 168 hours unless a court order under section
105 is obtained or unless the Attorney General determines that
the information indicates a threat of death or serious bodily
harm to any person; and
``(2) in the case of a communication acquired outside the
United States, the contents of such communication shall be
handled in accordance with minimization procedures adopted by
the Attorney General.''; and
(2) in the table of contents in the first section, by
inserting after the item relating to section 111 the following:
``112. Acquisition of communications between parties not in the United
States.''.
SEC. 11. ADDITIONAL PERSONNEL FOR PREPARATION AND CONSIDERATION OF
APPLICATIONS FOR ORDERS APPROVING ELECTRONIC
SURVEILLANCE.
(a) Office of Intelligence Policy and Review.--
(1) In general.--The Attorney General may hire and assign
personnel to the Office of Intelligence Policy and Review as
may be necessary to carry out the prompt and timely
preparation, modification, and review of applications under
section 104 of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1804) for orders approving electronic
surveillance for foreign intelligence purposes under section
105 of such Act (50 U.S.C. 1805).
(2) Assignment.--The Attorney General shall assign
personnel hired and assigned pursuant to paragraph (1) to and
among appropriate offices of the National Security Agency in
order that such personnel may directly assist personnel of the
National Security Agency in preparing applications under
section 104 of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1804).
(b) National Security Branch of the FBI.--
(1) In general.--The Director of the Federal Bureau of
Investigation may hire and assign personnel to the National
Security Branch as may be necessary to carry out the prompt and
timely preparation of applications under section 104 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1804)
for orders approving electronic surveillance for foreign
intelligence purposes under section 105 of such Act (50 U.S.C.
1805).
(2) Assignment.--The Director of the Federal Bureau of
Investigation shall assign personnel hired and assigned
pursuant to paragraph (1) to and among the field offices of the
Federal Bureau of Investigation in order that such personnel
may directly assist personnel of the Federal Bureau of
Investigation in such field offices in preparing applications
under section 104 of the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1804).
(c) National Security Agency.--The Director of the National
Security Agency may hire and assign personnel as may be necessary to
carry out the prompt and timely preparation of applications under
section 104 of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1804) for orders approving electronic surveillance for foreign
intelligence purposes under section 105 of such Act (50 U.S.C. 1805).
(d) Foreign Intelligence Surveillance Court.--The presiding judge
designated under section 103(b) of such Act may hire and assign
personnel as may be necessary to carry out the prompt and timely
consideration of applications under section 104 of such Act (50 U.S.C.
1804) for orders approving electronic surveillance for foreign
intelligence purposes under section 105 of that Act (50 U.S.C. 1805).
SEC. 12. DEFINITIONS.
In this Act:
(1) The term ``electronic surveillance'' has the meaning
given the term in section 101(f) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801(f)).
(2) The term ``foreign intelligence information'' has the
meaning given the term in section 101(e) of such Act (50 U.S.C.
1801(e)). | NSA Oversight Act - States that provisions of the federal criminal code concerning wire and electronic communications and their interception and the Foreign Intelligence Surveillance Act of 1978 (FISA) are the exclusive means by which domestic electronic surveillance may be conducted until specific statutory authorization for any other such surveillance is enacted.
Requires the President to report to the congressional intelligence committees on the Terrorist Surveillance Program of the National Security Agency (NSA) as well as any other program which involves electronic surveillance of U.S. persons in the United States conducted by a federal department or agency without fully complying with FISA procedures.
Authorizes additional judges for the Foreign Intelligence Surveillance Court (Court).
Extends from 72 to 168 hours the period after initiating an emergency electronic surveillance to apply for a court order authorizing such surveillance.
States that a court order is not required for the acquisition of communications between persons not located within the United States for the purpose of collecting foreign intelligence information, whether the communication passes through, or the surveillance device is located within, the United States.
Authorizes the hiring of additional personnel within the Department of Justice (DOJ), Federal Bureau of Investigation (FBI), NSA, and the Court. | {"src": "billsum_train", "title": "To reiterate that chapters 119 and 121 of title 18, United States Code, and the Foreign Intelligence Surveillance Act of 1978 are the exclusive means by which domestic electronic surveillance may be conducted, and for other purposes."} | 3,577 | 272 | 0.488417 | 1.318393 | 0.802247 | 3.280702 | 13.245614 | 0.938596 |
SECTION 1. PURPOSES.
(a) The purposes of this Act are the following:
(1) To authorize the Secretary of the Interior to engage in
studies relating to enlarging Pueblo Dam and Reservoir and
Sugar Loaf Dam and Turquoise Lake, Fryingpan-Arkansas Project,
Colorado, as described in the Preferred Storage Options Plan
Report published September 21, 2000, by the Southeastern
Colorado Water and Storage Needs Assessment Enterprise and the
Final PSOP Implementation Committee Report dated April 19,
2001.
(2) To authorize the Secretary to enter into contracts for
the use of excess storage and conveyance capacity of certain
east slope facilities of the Fryingpan-Arkansas Project,
Colorado, for municipal, water banking, and other purposes, as
described in the Preferred Storage Options Plan Report
published September 21, 2000, by the Southeastern Colorado
Water and Storage Needs Assessment Enterprise and Final PSOP
Implementation Committee Report dated April 19, 2001, by
amending the Act of August 16, 1962 (76 Stat. 389 et seq.).
(b) Nothing in this Act is intended to--
(1) impair or otherwise interfere with the project's
authorized purposes or existing contractual obligations of the
Secretary or project beneficiaries, including the renewal of
any such contracts;
(2) increase diversions of project water from the natural
basin of the Colorado River;
(3) increase diversions of nonproject water from the
natural basin of the Colorado River within Colorado into
another river basin for delivery or storage, except as provided
in this Act;
(4) impair or otherwise interfere with Contract Nos.
00XX6C0049 and 0009D6C0048 between the Board of Water Works of
Pueblo, Colorado, and the United States, or the renewal of
Contract Nos. 00XX6C0049 and 0009D6C0048 pursuant to the
authority that provides the legal basis therefor; or
(5) affect the interpretation or implementation of existing
law or legislation for any other congressionally authorized
water project.
SEC. 2. SECRETARY AUTHORIZED TO CONDUCT STUDIES FOR THE ENLARGEMENT OF
PUEBLO DAM AND SUGAR LOAF DAM.
(a) The Secretary of the Interior is hereby authorized to engage in
storage space studies, up to and including a feasibility study pursuant
to section 8 of the Federal Water Project Recreation Act (16 U.S.C.
4601-19) and section 9(a) of the Act of August 4, 1939 (Chapter 418; 43
U.S.C. 485h(a)), as may be appropriate, relating to enlarging Pueblo
Dam and Reservoir and Sugar Loaf Dam and Turquoise Lake, Fryingpan-
Arkansas Project, Colorado, including studies for the purpose of
determining the potential costs, benefits, and environmental and
recreational impacts of such enlargements and the use and operation
thereof, as described in the Preferred Storage Options Plan Report
published September 21, 2000, by the Southeastern Colorado Water and
Storage Needs Assessment Enterprise and Final PSOP Implementation
Committee Report dated April 19, 2001. Any report or reports submitted
to the President and Congress prepared pursuant to this provision shall
be considered to fulfill the requirements of section 9(a) of the Act of
August 4, 1939 (Chapter 418; 43 U.S.C. 485h(a)), to the extent that
section may be applicable.
(b) Before funds are expended for the studies authorized by this
section, the Southeastern Colorado Water Activity Enterprise shall
agree to participate in the studies and to fund the costs of the
studies. The Southeastern Colorado Water Activity Enterprise's funding
of the costs may be provided partly or wholly in the form of services
directly related to the conduct of the studies.
SEC. 3. SECRETARY AUTHORIZED TO ENTER INTO CONTRACTS FOR THE USE OF
EXCESS STORAGE AND CONVEYANCE CAPACITY OF CERTAIN EAST
SLOPE FACILITIES OF THE FRYINGPAN-ARKANSAS PROJECT,
COLORADO.
The Act of August 16, 1962 (76 Stat. 389), is amended by adding at
the end the following:
``Sec. 8. (a) The Secretary is authorized to enter into contracts
with any agency or entity, private or public, supplying water for
municipal and other purposes within the project boundaries, for the use
of excess water storage and conveyance capacity for nonproject water in
certain east slope facilities, as described in the Preferred Storage
Options Plan Report published September 21, 2000, by the Southeastern
Colorado Water and Storage Needs Assessment Enterprise and Final PSOP
Implementation Committee Report dated April 19, 2001, after
consultation with the Board of Directors of the Southeastern Colorado
Water Activity Enterprise: Provided, however, That such contracts shall
not impair or otherwise interfere with--
``(1) the project's authorized purposes,
``(2) the ability of the project contractors to meet
existing Federal repayment obligations,
``(3) the storage allocations and limitations pursuant to
Contract No. 5-07-70-W0086, as amended, between the
Southeastern Colorado Water Conservancy District and the United
States, and the allocation principles adopted by the
Southeastern Colorado Water Conservancy District on November
29, 1979, and confirmed by the District Court of Pueblo County
in Civil Action No. 40487 by decree dated December 18, 1979,
including any subsequent modifications made by the District
that are confirmed by the District Court,
``(4) the yield of the project from its West Slope and East
Slope water rights, or
``(5) the capacity in Reclamation project facilities which
is needed to satisfy project purposes and contractual
obligations with a term exceeding one year existing at the time
of the execution of a contract under the authority of this
subsection.
``(b) The term of any contract executed pursuant to this section
shall not exceed the remaining term of Contract No. 5-07-70-W0086, as
amended, between the Southeastern Colorado Water Conservancy District
and the United States. The Secretary shall renew any contract executed
pursuant to this section at the end of the contract term on such
conditions as the Secretary finds to be just and equitable. The term of
such contract renewal shall be for a duration no less than the term
granted the Southeastern Colorado Water Conservancy District under the
contractual arrangement negotiated upon the expiration of Contract No.
5-07-70-W0086.
``(c) To the extent water stored under the Project's Winter Water
Storage Program spills from Pueblo Reservoir due to execution of a
contract executed pursuant to this section, it will not be considered
impairment or interference under subsection (a)(5) if the holders of
such stored water are compensated by a credit for purchase of project
water to replace such spilled water, such credit to be financed by a
surcharge as described in subsection (d)(4) imposed on contracts
executed pursuant to this section.
``(d) The Secretary shall not execute a contract pursuant to this
section with any entity that has not signed an agreement with the
Southeastern Colorado Water Activity Enterprise--
``(1) agreeing to reimburse an appropriate amount of the
Southeastern Colorado Water Activity Enterprise's
implementation and development costs, including such costs
reimbursed to the United States, incurred in determining and
making excess storage or conveyance capacity available for such
storage of nonproject water by municipal water providers within
the project boundaries,
``(2) agreeing to cooperate in a flow management program
designed to maintain target minimum flows of 100 c.f.s. on the
Arkansas River just below Pueblo Dam, as provided in the
Implementation Committee report dated April 19, 2001,
``(3) agreeing to participate in a long-term water quality
monitoring program as outlined in the Implementation Committee
report dated April 19, 2001, and
``(4) agreeing to pay any surcharges determined appropriate
and necessary by the Southeastern Colorado Water Activity
Enterprise Board of Directors, as described in the Preferred
Storage Options Plan Report published September 21, 2000, by
the Southeastern Colorado Water and Storage Needs Assessment
Enterprise and the Final PSOP Implementation Committee reported
dated April 19, 2001.
All such charges established by the Southeastern Colorado Water
Activity Enterprise shall be paid by the person or by the agency or
entity, private or public, which contracts for the use of excess
capacity, directly to the Southeastern Colorado Water Activity
Enterprise, not to the Secretary, at such times and in such manner as
the Southeastern Colorado Water Activity Enterprise may direct.
``Sec. 9. (a) The Secretary is authorized to enter into temporary
contracts with any agency or entity, private or public, operating a
water bank established pursuant to Colorado law, for use of facilities
for the impounding, storage, and carriage of nonproject water for
irrigation, domestic municipal, industrial, and other beneficial
purposes.
``(b) No contract executed under the authority of subsection (a)
shall impair or otherwise interfere with--
``(1) the project's authorized purposes,
``(2) the ability of the project contractors to meet
existing Federal repayment obligations,
``(3) the storage allocations and limitations pursuant to
contract No. 5-07-70-W0086, as amended, between the
Southeastern Colorado Water Conservancy District and the United
States, and the allocation principles adopted by the
Southeastern Colorado Water Conservancy District on November
29, 1979, and confirmed by the District Court of Pueblo County
in Civil Action No. 40487 by decree dated December 18, 1979,
including any subsequent modifications made by the District
that are confirmed by the District Court,
``(4) the yield of the project from its West Slope and East
Slope water rights, or
``(5) the capacity in Reclamation project facilities which
is needed to satisfy project purposes and contractual
obligations existing at the time of the execution of a contract
under the authority of this subsection.
``(c) The Secretary shall not execute a contract pursuant to this
section with any entity that has not signed an agreement with the
Southeastern Colorado Water Activity Enterprise agreeing to pay any
surcharges determined appropriate and necessary by the Southeastern
Colorado Water Activity Enterprise Board of Directors to finance an
appropriate portion of an operations and maintenance reserve fund and
any other terms determined appropriate and necessary by the
Southeastern Colorado Water Activity Enterprise Board of Directors,
which may include conditions requiring water available in the bank to
be made available for use within the basin of the Arkansas River prior
to making such water available for use in other river basins within
Colorado and any necessary or desirable limitations upon the time,
place, or type of use of waters made available through the water bank
and the appropriate duration of water use resulting from water bank
transactions.
``Sec. 10. All revenue generated pursuant to contracts executed
under sections 8 and 9, except for those revenues generated pursuant to
the surcharges described in section 8(d)(4) and 9(c), shall be credited
first to a proportionate share of annual operations and maintenance
costs and then to repayment of the project in the year the contract
revenue is generated until such time as the costs of the project have
been repaid: Provided, however, That the revenues so credited shall not
be applied so as to reduce the amount of the current annual payments
due to the Secretary from the project contractors or any other parties
that are responsible for paying outstanding reimbursable construction
costs. Once the costs of the project have been repaid, all revenue
generated pursuant to contracts executed under sections 8 and 9, except
for those revenues generated pursuant to the surcharges described in
sections 8(d)(4) and 9(c), shall be credited first to annual operations
and maintenance costs and then to the Reclamation fund, to be used
exclusively for the purpose of financing extraordinary operations and
maintenance, rehabilitation, and replacements of project facilities.
``Sec. 11. Nonproject water diverted, stored, impounded, pumped, or
conveyed under a contract entered into pursuant to sections 8 and 9
shall be exempt from any acreage limitation provisions of the Act of
June 17, 1902 (32 Stat. 388), and Acts amendatory thereof and
supplementary thereto including, but not limited to, the Reclamation
Reform Act of 1982 (96 Stat. 1263; 43 U.S.C. 390aa-390zz-1) and from
any farm unit size limitations established pursuant to section 4(c)(5)
of the Act of August 11, 1939 (Chapter 717; 16 U.S.C. 590z-2(c)(5)):
Provided, however, That in the event such nonproject water is
commingled with project water in Reclamation project facilities, and
the resulting commingled supply is used to irrigate lands in a project
contractor's service area, then such commingled water shall bear the
same acreage limitations or farm unit size limitations as the project
water unless--
``(1) contract provisions are in effect which provide that
project or nonproject water, or both, will be accounted for on
a quantitative basis, that project water will not be delivered
to ineligible land, and that appropriate charges, as determined
by the Secretary, will be paid for the project water, and
``(2) the charges for the use of the excess capacity
include an appropriate interest component, as determined by the
Secretary.
``Sec. 12. Excess water storage capacity in certain east slope
facilities to divert, store, impound, pump, or convey nonproject water
made available under contracts executed pursuant to the provisions of
section 8 shall not be utilized so as to increase diversion of
nonproject water from the natural basins of the Colorado or Arkansas
Rivers within Colorado into another river basin for delivery or storage
unless--
``(1) the diversion is the subject of a decree entered
prior to the effective date of this section for which no new
infrastructure is necessary to divert the water out of the
natural basin, or
``(2) the diversion is the subject of an existing
agreement, contemplating additional diversions diverted through
or stored in the facilities authorized by this Act, between the
beneficiary of such transbasin diversion and either the water
conservation district, as defined under Colorado law, from
within whose boundaries the waters are proposed for diversion
or, in the absence thereof, a water conservancy district, as
defined under Colorado law, that is a project contractor and
from within whose boundaries the waters are proposed for
diversion,
``(3) the diversion is the subject of a future
intergovernmental agreement or other contractual arrangement
between the beneficiary of such transbasin diversion and either
the water conservation district, as defined under Colorado law,
from within whose boundaries the waters are proposed for
diversion or, in the absence thereof, a water conservancy
district, as defined under Colorado law, that is a project
contractor and from within whose boundaries the waters are
proposed for diversion, or
``(4) the beneficiary of such transbasin diversion provides
compensatory storage or alternate water supply in an amount
equal to the quantity diverted out of the basin for the benefit
of either the water conservation district, as defined under
Colorado law, from within whose boundaries the waters are
proposed for diversion or, in the absence thereof, a water
conservancy district, as defined under Colorado law, that is a
project contractor and from within whose boundaries the waters
are proposed for diversion.''. | Authorizes the Secretary of the Interior to conduct storage space studies relating to enlarging Pueblo Dam and Reservoir and Sugar Loaf Dam and Turquoise Lake, Fryingpan-Arkansas Project, Colorado, including a feasibility study and studies for determining the potential costs, benefits, and environmental and recreational impacts and use and operation of such enlargements.Provides that, before funding is expended for such studies, the Southeastern Colorado Water Activity Enterprise shall agree to participate in the studies and to fund such studies' costs.Authorizes the Secretary to enter into contracts with public or private entities supplying water within Project boundaries, for the use of excess water storage and conveyance capacity for nonproject water in certain east slope facilities.Authorizes the Secretary to enter into temporary contracts with any public or private entities operating a water bank for use of facilities for the impounding, storage, and carriage of nonproject water for irrigation, domestic municipal, industrial, and other beneficial purposes.Requires revenues from such contracts to be credited first to annual operations and maintenance costs, then to repayment of the project, and, once project costs have been repaid, to the Reclamation Fund for use exclusively for financing extraordinary operations and maintenance, rehabilitation, and replacements of project facilities. | {"src": "billsum_train", "title": "To authorize the Secretary of the Interior to enter into contracts for the use of excess storage and conveyance capacity in certain east slope facilities of the Fryingpan-Arkansas Project, Colorado, and to conduct studies for the enlargement of Pueblo Dam and Reservoir and Sugar Loaf Dam and Turquoise Lake, Fryingpan-Arkansas Project, Colorado, and for other purposes."} | 3,287 | 284 | 0.607591 | 2.059833 | 0.843596 | 5.755459 | 13.445415 | 0.969432 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Aviation Employee Screening and
Security Enhancement Act of 2017''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administration.--The term ``Administration'' means the
Transportation Security Administration.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Transportation Security Administration.
(3) Air carrier.--The term ``air carrier'' has the meaning
given such term in section 40102 of title 49, United States
Code.
(4) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs and the
Committee on Commerce, Science, and Transportation of the
Senate.
(5) Foreign air carrier.--The term ``foreign air carrier''
has the meaning given such term in section 40102 of title 49,
United States Code.
(6) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 3003(4)).
(7) Secured area.--The term ``secured area'' has the
meaning given such term in section 1540.5 of title 49, Code of
Federal Regulations.
(8) Security identification display area.--The term
``Security Identification Display Area'' has the meaning given
such term in section 1540.5 of title 49, Code of Federal
Regulations.
(9) Sterile area.--The term ``sterile area'' has the
meaning given such term in section 1540.5 of title 49, Code of
Federal Regulations.
SEC. 3. COST AND FEASIBILITY STUDY.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Administrator, in consultation with the
Aviation Security Advisory Committee (established under section 44946
of title 49, United States Code), shall submit to the appropriate
congressional committees and the Comptroller General of the United
States a cost and feasibility study of a statistically significant
number of Category I, II, III, IV, and X airports assessing the impact
if all employee access points from non-secured areas to secured areas
of such airports are comprised of the following:
(1) A secure door utilizing card and pin entry or biometric
technology.
(2) Surveillance video recording, capable of storing video
data for at least 30 days.
(3) Advanced screening technologies, including at least one
of the following:
(A) Magnetometer (walk-through or hand-held).
(B) Explosives detection canines.
(C) Explosives trace detection swabbing.
(D) Advanced imaging technology.
(E) X-ray bag screening technology.
(b) Contents.--The study required under subsection (a) shall
include information related to the employee screening costs of those
category I, II, III, IV, and X airports which have already implemented
practices of screening 100 percent of employees accessing secured areas
of airports, including the following:
(1) Costs associated with establishing an operational
minimum number of employee entry and exit points.
(2) A comparison of estimated costs and effectiveness
associated with implementing the security features specified in
subsection (a) to--
(A) the Federal Government; and
(B) airports and the aviation community.
(c) Comptroller General Assessment.--
(1) In general.--Upon completion of the study required
under subsection (a), the Comptroller General of the United
States shall review such study to assess the quality and
reliability of such study.
(2) Assessment.--Not later than 60 days after the receipt
of the study required under subsection (a), the Comptroller
General of the United States shall report to the Committee on
Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs and the
Committee on Commerce, Science, and Transportation of the
Senate on the results of the review required under paragraph
(1).
SEC. 4. AIRPORT WORKER EDUCATION AND SECURITY AWARENESS.
(a) Cooperative Efforts to Enhance Airport Security Awareness.--Not
later than 180 days after the date of the enactment of this Act, the
Administrator shall work with air carriers, foreign air carriers,
airport operators, labor unions representing credentialed employees,
and the Aviation Security Advisory Committee to enhance security
awareness of credentialed airport populations regarding insider threats
to aviation security and best practices related to airport access
controls.
(b) Credentialing Standards.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Administrator shall, in
consultation with air carriers, foreign air carriers, airport
operators, labor unions representing credentialed employees,
and the Aviation Security Advisory Committee, assess
credentialing standards, policies, and practices to ensure that
insider threats to aviation security are adequately addressed.
(2) Report.--Not later than 30 days after completion of the
assessment required under paragraph (1), the Administrator
shall report to the appropriate congressional committees on the
results of such assessment.
(c) SIDA Applications.--
(1) Social security numbers required.--Not later than 60
days after the date of the enactment of this Act, the
Administrator shall require airport operators to submit the
social security number of an individual applying for a
credential granting access to the Security Identification
Display Area to strengthen security vetting effectiveness. An
applicant who does not provide such applicant's social security
number may be denied such a credential.
(2) Screening notice.--The Administrator shall issue
requirements for airport operators to include in applications
for access to a Security Identification Display Area a notice
informing applicants that an employee holding a credential
granting access to a Security Identification Display Area may
be screened at any time while gaining access to, working in, or
leaving a Security Identification Display Area.
SEC. 5. SECURING AIRPORT WORKER ACCESS.
(a) In General.--The Administrator shall work with airport
operators and the Aviation Security Advisory Committee to identify
advanced technologies, including biometric identification technologies,
for securing employee access to the secured areas and sterile areas of
airports.
(b) Rap Back Vetting.--Not later than 180 days after the date of
the enactment of this Act, the Administrator shall ensure that all
credentialed aviation worker populations currently requiring a
fingerprint-based criminal record history check are continuously vetted
through the Federal Bureau of Investigation's Rap Back Service, in
order to more rapidly detect and mitigate insider threats to aviation
security.
(c) Insider Threat Education and Mitigation.--Not later than 180
days after the date of the enactment of this Act, the Administrator
shall identify means of enhancing the Administration's ability to
leverage the resources of the Department of Homeland Security and the
intelligence community to educate Administration personnel on insider
threats to aviation security and how the Administration can better
mitigate such insider threats.
(d) Playbook Operations.--The Administrator shall ensure that
Administration-led employee physical inspection efforts of aviation
workers, known as Playbook operations, are targeted, strategic, and
focused on providing the greatest level of security effectiveness.
(e) Covert Testing.--
(1) In general.--The Administrator shall conduct covert
testing of Administration-led employee inspection operations at
airports and measure existing levels of security effectiveness.
The Administrator shall provide--
(A) the results of such testing to the airport
operator for the airport that is the subject of any
such testing, and, as appropriate, to air carriers and
foreign air carriers that operate at the airport that
is the subject of such testing; and
(B) recommendations and technical assistance for
air carriers, foreign air carriers, and airport
operators to conduct their own employee inspections, as
needed.
(2) Annual reporting.--The Administrator shall annually,
for each of fiscal years 2018 through 2022, submit to the
appropriate congressional committees a report on the frequency,
methodology, strategy, and effectiveness of employee inspection
operations at airports.
(f) Centralized Database.--Not later than 180 days after the date
of the enactment of this Act, the Administrator, in consultation with
the Aviation Security Advisory Committee, shall--
(1) establish a national database of individuals who have
had either their airport or airport operator-issued badge
revoked for failure to comply with aviation security
requirements;
(2) determine the appropriate reporting mechanisms for air
carriers, foreign air carriers, and airport operators to--
(A) submit to the Administration data regarding
individuals described in paragraph (1); and
(B) access the database established pursuant to
such paragraph; and
(3) establish a process to allow individuals whose names
were mistakenly entered into such database to correct the
record and have their names removed from such database.
SEC. 6. INSIDER THREAT COORDINATION EFFORTS.
The Department of Homeland Security is the lead interagency
coordinator pertaining to insider threat investigations and mitigation
efforts at airports. The Department shall make every practicable effort
to coordinate with other relevant Government entities, as well as the
security representatives of air carriers, foreign air carriers, and
airport operators, as appropriate, when undertaking such investigations
and efforts.
SEC. 7. INFORMATION TECHNOLOGY SECURITY.
Not later than 90 days after the date of the enactment of this Act,
the Administrator shall submit to the appropriate congressional
committees a plan to conduct recurring reviews of the operational,
technical, and management security controls for Administration
information technology systems at airports.
SEC. 8. NO ADDITIONAL FUNDS AUTHORIZED.
No additional funds are authorized to carry out the requirements of
this Act. Such requirements shall be carried out using amounts
otherwise authorized.
Passed the House of Representatives April 25, 2017.
Attest:
KAREN L. HAAS,
Clerk. | Aviation Employee Screening and Security Enhancement Act of 2017 (Sec. 3) This bill directs the Transportation Security Administration (TSA) of the Department of Homeland Security (DHS) to conduct, and submit to Congress and the Government Accountability Office (GAO), a cost and feasibility study of a statistically significant number of Category I, II, III, IV, and X airports assessing the impact if all airport employee access points from non-secured to secured airport areas are comprised of the following: a secure door utilizing card and pin entry or biometric technology; surveillance video recording capable of storing video data for at least 30 days; certain advanced screening technologies, including magnetometers, explosives detection canines, explosives trace detection swabbing, advanced imaging technology, and X-ray bag screening technology; and information related to employee screening costs of such airports that have already implemented practices of screening 100% of employees accessing secured areas. The GAO shall assess the completed study and report the results to Congress. (Sec. 4) The TSA shall: work with air carriers, foreign air carriers, airport operators, labor unions representing credentialed airport employees, and the TSA's Aviation Security Advisory Committee to enhance security awareness of credentialed airport workers regarding insider threats to aviation security and best practices related to airport access controls; assess credentialing standards, policies, and practices to ensure that insider threats to aviation security are adequately addressed; require airport operators to submit the social security number of an individual applying for a credential granting access to the Security Identification Display Area of an airport to strengthen security vetting effectiveness; and issue requirements for airport operators to include in applications for access to such area a notice that an employee holding a credential granting such access may be screened at any time while entering, working in, or leaving the area. (Sec. 5) The TSA shall also: work with airport operators and the TSA Advisory Committee to identify advanced technologies for securing employee access to secured and sterile airport areas; ensure that credentialed aviation worker populations currently requiring a fingerprint-based criminal record history check are continuously vetted through the Federal Bureau of Investigation's Rap Back Service to mitigate insider threats; identify ways to enhance TSA's ability to educate its personnel on insider threats to aviation security and on how to mitigate such threats; ensure that TSA employee physical inspection efforts of aviation workers (Playbook operations) are focused on providing the greatest level of security effectiveness; conduct covert testing of TSA employee screening operations at airports; report on the frequency, methodology, strategy, and effectiveness of employee inspection operations at airports; and establish a national database of individuals who have had either their airport or aircraft operator-issued badge revoked for failure to comply with aviation security requirements, as well a process to allow individuals whose names were mistakenly entered into such database to correct the record and have their names removed from it. (Sec. 6) The DHS is the lead interagency coordinator to insider threat investigations and mitigation efforts at airports. (Sec. 7) The TSA shall submit a plan to conduct recurring reviews of the operational security controls for TSA information technology systems at airports. | {"src": "billsum_train", "title": "Aviation Employee Screening and Security Enhancement Act of 2017"} | 2,162 | 708 | 0.527805 | 1.820845 | 0.725976 | 5.12562 | 3.279339 | 0.93719 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Neighborhood Preservation Act of
2011''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Depository institutions and affiliates of depository
institutions currently may control and lease foreclosed
property for a limited period of time often subject to safety
and soundness considerations, under various Federal laws and
the law of some States.
(2) Authorizing such institutions, the GSEs, and affiliates
to enter into a long-term lease with the occupant of the
property or any other person would reduce the number of
residential properties entering into the housing inventory,
which in turn would help to stabilize home values and restore
confidence in the housing markets.
(3) Allowing depository institutions, the GSEs, and
affiliates of such institutions to lease foreclosed property
will allow the institution or affiliate to dispose of such
property into a presumably more stable market at the end of the
lease term which would reduce the loss the institution or
affiliate may otherwise be required to recognize upon
disposition of the property.
(4) Providing a means for foreclosed property to remain
occupied during the housing downturn will preserve the property
itself as well as the aesthetic and economic values of
neighboring homes and even whole neighborhoods.
SEC. 3. BANK LEASING OF FORECLOSED PROPERTIES.
(a) In General.--Section 18 of the Federal Deposit Insurance Act
(12 U.S.C. 1828) is amended by adding at the end the following new
subsection:
``(y) Leasing of Foreclosed Property.--
``(1) Leasing authorized.--Notwithstanding any provision of
Federal or State law restricting the time during which a
depository institution, or any affiliate of a depository
institution, may hold or lease property, or any provision of
Federal or State law prohibiting a depository institution, or
any affiliate of a depository institution, from leasing
property and subject to this subsection and regulations
prescribed under this subsection, any depository institution,
and any affiliate of a depository institution, may lease to any
individual, including a lease with an option to purchase, for
not to exceed 5 years an interest in residential property
which--
``(A) was or is security for an extension of credit
by such depository institution or affiliate; and
``(B) came under the ownership or control of the
depository institution or affiliate through
foreclosure, or a deed in lieu of foreclosure, on the
extension of credit.
``(2) Safety and soundness regulations.--The Federal
banking agencies shall jointly prescribe regulations which--
``(A) establish criteria and minimum requirements
for the leasing activity of any depository institution
or affiliate of a depository institution, including
minimum capital requirements, that the agency
determines to be appropriate for the preservation of
the safety and soundness of the institution or
affiliate;
``(B) establish requirements or exceptions that the
agency determines are appropriate under this subsection
for any such institution or affiliate for any other
purpose; and
``(C) provide for appropriate actions under section
38 with respect to any such lease if necessary to
protect the capital or safety and soundness of the
institution or affiliate or any other necessary
enforcement action.
``(3) Length of lease.--If any provision of any Federal or
State law, including the Bank Holding Company Act of 1956,
governing the permissible activities of depository institutions
or affiliates of depository institutions permits a depository
institution or any such affiliate to hold property as described
in paragraph (1) for a period longer than 5 years, any lease
under paragraph (1) may be extended to the extent permitted by
such provision of law.
``(4) Sunset.--This section shall apply only with respect
to leases entered into during the 3-year period beginning on
the date of the enactment of the Neighborhood Preservation
Act.''.
(b) Intent of the Congress.--It is the intent of the Congress
that--
(1) no permanent change in policy on leasing foreclosed
property is being established with respect to depository
institutions and depository institution holding companies; and
(2) subsection (y) of section 18 of the Federal Deposit
Insurance Act should not apply to leases entered into after the
sunset date contained in such subsection.
SEC. 4. GOVERNMENT SPONSORED ENTERPRISE LEASING OF FORECLOSED
PROPERTIES.
(a) In General.--For the purpose of mitigating losses to the
taxpayer and stabilizing home prices, an enterprise may market for
rental any real estate owned properties and assets of such enterprises
and enter into lease agreements with lessees as the Federal Housing
Finance Agency determines appropriate, prior to the sale of such
properties and assets, except that any such lease agreement shall be no
greater than 5 years. Authority to enter into leasing agreements
pursuant to this subsection shall terminate 3 years after the date of
the enactment of this Act.
(b) Enterprise Defined.--The term ``enterprise'' means--
(1) the Federal National Mortgage Association; and
(2) the Federal Home Loan Mortgage Corporation. | Neighborhood Preservation Act of 2011 - Amends the Federal Deposit Insurance Act to authorize any depository institution (or affiliate) to lease, including lease with an option to purchase, to any individual for up to five years an interest in residential property which: (1) was or is security for an extension of credit by such depository institution (or affiliate), and (2) came under the institution's or affiliate's ownership or control through foreclosure (or a deed in lieu of foreclosure) on the extension of credit.
Directs the federal banking agencies to jointly prescribe specified safety and soundness regulations, including minimum capital requirements for such institutions or affiliates.
Permits extension of such a lease beyond five years if any federal or state law, including the Bank Holding Company Act of 1956, so permits.
Applies this Act only to leases entered into during the three-year period beginning on the date of the enactment of this Act.
Declares it is the intent of Congress that: (1) no permanent change in policy on leasing foreclosed property is being established with respect to depository institutions and depository institution holding companies, and (2) bank leasing of foreclosed property authorized under this Act should not apply to leases entered into after such three-year period.
Authorizes a government-sponsored enterprise (the Federal National Mortgage Association [Fannie Mae] or the Federal Home Loan Mortgage Corporation [Freddie Mac]) to market for rental, before sale, any of its real estate owned properties and assets as the Federal Housing Finance Agency (FHFA) determines appropriate. Restricts lease agreements to five years. | {"src": "billsum_train", "title": "To authorize depository institutions, depository institution holding companies, Fannie Mae, and Freddie Mac to lease foreclosed property held by such entities for up to 5 years, and for other purposes."} | 1,099 | 340 | 0.658477 | 2.116588 | 0.931639 | 4.022727 | 3.334416 | 0.899351 |
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