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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Dairy Farmer and Rural
Community Rescue Act of 2002''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Board.--The term ``Board'' means a Regional Supply
Management Board.
(2) Class i, ii, iii, and iv milk.--The terms ``Class I
milk'', ``Class II milk'', ``Class III milk'', and ``Class IV
milk'' mean milk classified as Class I, II, III, or IV milk,
respectively, under an order.
(3) District.--The term ``District'' means a Regional
Supply Management District.
(4) Eligible producer.--The term ``eligible producer''
means an individual or entity that directly or indirectly has
an interest in the production of milk.
(5) Eligible production.--The term ``eligible production''
means the lesser of--
(A) the quantity of milk produced by an eligible
producer during a month; or
(B) 230,000 pounds per month.
(6) Marketing area.--The term ``marketing area'' means a
marketing area subject to an order.
(7) Order.--The term ``order'' means--
(A) an order issued under section 8c of the
Agricultural Adjustment Act (7 U.S.C. 608c), reenacted
with amendments by the Agricultural Marketing Agreement
Act of 1937; or
(B) a comparable State order, as determined by the
Secretary.
(8) Participating state.--The term ``participating State''
means a State that is participating in the program authorized
by section 3.
(9) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(10) State.--The term `State' means one of the 48
contiguous States of the United States.
(11) Trust fund.--The term ``Trust Fund'' means the
National Dairy Producers Trust Fund.
SEC. 3. NATIONAL COUNTER-CYCLICAL INCOME SUPPORT PROGRAM FOR DAIRY
PRODUCERS.
(a) Income Support for Eligible Producers for Milk Sold to
Processors in Participating States.--During each of calendar years 2003
through 2011, the Secretary shall carry out a program under this
section to support the income of eligible producers for milk sold to
processors in participating States.
(b) Participating States.--
(1) Automatic participation.--Each State shall be a
participant in the program established by the Secretary under
this section unless the State elects to withdrawal from the
program as provided in paragraph (2).
(2) Withdrawal.--For a State to withdraw from participation
in the program under this section, the Governor of the State
(with the concurrence of the legislature of the State) shall
provide written notice to the Secretary of the withdrawal of
the State from participation in the program.
(3) Effective date of withdrawal.--In the case of written
notice submitted by a State during the 180-day period beginning
on the date of the enactment of this Act, the withdrawal of the
State shall take effect on the date on which the notice is
submitted to the Secretary. After the end of such period, the
withdrawal of the State shall take effect on the date that is
one year after the date on which the notice is provided to the
Secretary.
(c) Regional Supply Management Districts.--To carry out this
section, the Secretary shall establish 5 Regional Supply Management
Districts to be composed of the following States, unless and until the
States withdrawal from participation in the program under subsection
(b):
(1) Northeast district.--A Northeast District consisting of
the States of Connecticut, Delaware, Maine, Maryland,
Massachusetts, New Hampshire, New Jersey, New York, Ohio,
Pennsylvania, Rhode Island, and Vermont.
(2) Southern district.--A Southern District consisting of
the States of Alabama, Arkansas, Florida, Georgia, Kansas,
Kentucky, Louisiana, Mississippi, Missouri, Nebraska, New
Mexico, North Carolina, Oklahoma, South Carolina, Texas,
Tennessee, Virginia, and West Virginia.
(3) Upper midwest district.--An Upper Midwest District
consisting of the States of Illinois, Indiana, Iowa, Michigan,
Minnesota, North Dakota, South Dakota, and Wisconsin.
(4) Intermountain district.--An Intermountain District
consisting of the States of Arizona, Colorado, Idaho, Montana,
Nevada, Utah, and Wyoming.
(5) Pacific district.--A Pacific District consisting of the
States of California, Oregon, and Washington.
(d) Regional Supply Management Boards.--
(1) In general.--Each District shall be administered by a
Regional Supply Management Board.
(2) Composition.--The Board of a District shall be composed
of not less than two, and not more than three, members from
each participating State in the District, appointed by the
Secretary from nominations submitted by the Governor of the
State.
(3) Nominations.--The Governor of a participating State
shall nominate at least five residents of the State to serve on
the Board, of which--
(A) at least one nominee shall be an eligible
producer at the time of nomination; and
(B) at least one nominee shall be a consumer
representative.
(e) National Dairy Producers Trust Fund.--
(1) Establishment and funding.--There is established in the
Treasury of the United States a trust fund to be known as the
National Dairy Producers Trust Fund, which shall consist of--
(A) the payments received by the Secretary and
deposited in the Trust Fund under subsection (g); and
(B) the payments made by the Secretary to the Trust
Fund under subsection (i).
(2) Expenditures.--Amounts in the Trust Fund shall be
available to the Secretary, to the extent provided for in
advance in an appropriations Act, to carry out this section.
(f) Administrative and Increased Food Assistance Costs.--The
Secretary shall use amounts in the Trust Fund to cover--
(1) administrative costs incurred by the Secretary and
Boards in carrying out this section; and
(2) the increased cost of any milk and milk products
provided under any food assistance program administered by the
Secretary that results from carrying out this section.
(g) Payments From Processors to Trust Fund.--
(1) In general.--During any month for which the Secretary
estimates that the average price paid by processors for Class I
milk in a District will not exceed a target price applicable to
that District, each processor in a participating State in the
District that purchases Class I milk from an eligible producer
during the month shall pay to the Secretary for deposit in the
Trust Fund an amount obtained by multiplying--
(A) the payment rate determined under subparagraph
(B); by
(B) the quantity of Class I milk purchased from the
eligible producer during the month.
(2) Payment rate.--The payment rate for a payment made by a
processor that purchases Class I milk in a participating State
in a District under paragraph (1)(A) shall be equal to--
(A) in the case of a marketing area in the
District, the difference between the target price for
that marketing area and the minimum price required to
be paid to eligible producers for Class I milk in that
marketing area; and
(B) in the case of an area in the District not
covered by an order, the difference between the target
price for the area and the minimum price determined by
the Secretary, taking into account the minimum price
referred to in subparagraph (A) in adjacent marketing
areas.
(h) Target Prices.--For purposes of subsection (g), the following
target prices shall be in effect:
(1) $17.50 per hundredweight, in the case of the Northeast
marketing area.
(2) $17.35 per hundredweight, in the case of the
Appalachian marketing area.
(3) $18.25 per hundredweight, in the case of the Florida
marketing area.
(4) $17.35 per hundredweight, in the case of the Southeast
marketing area.
(5) $16.05 per hundredweight, in the case of the Upper
Midwest marketing area.
(6) $16.25 per hundredweight, in the case of the Central
marketing area.
(7) $16.25 per hundredweight, in the case of the Mideast
marketing area.
(8) $16.15 per hundredweight, in the case of the Pacific
Northwest marketing area.
(9) $17.25 per hundredweight, in the case of the Southwest
marketing area.
(10) $16.60 per hundredweight, in the case of the Arizona-
Las Vegas marketing area.
(11) $16.15 per hundredweight, in the case of the Western
marketing area.
(12) In the case of an area not covered by an order, a
price per hundredweight determined by the Secretary, taking
into account the target prices in adjacent marketing areas.
(i) Counter-Cyclical Payments From Secretary to Trust Fund.--
(1) In general.--To the extent provided for in advance in
an appropriations Act, the Secretary shall use the funds,
facilities, and authorities of the Commodity Credit Corporation
to make a payment each month to the Trust Fund in an amount
determined by multiplying--
(A) the payment rate determined under paragraph
(2); by
(B) the quantity of eligible production of Class
II, Class III, and Class IV milk sold in the various
Districts during the month, as determined by the
Secretary.
(2) Payment rate.--The payment rate for a payment made to
the Trust Fund for a month under paragraph (1)(A) shall equal
25 percent of the difference between--
(A) $13.00 per hundredweight; and
(B) the weighted average of the price received by
producers in each District for Class III milk during
the month, as determined by the Secretary.
(j) Payments From Trust Fund to Boards.--
(1) In general.--The Secretary shall use any amounts in the
Trust Fund that remain after providing the compensation
required under subsection (f) to make monthly payments to
Boards.
(2) Amount.--The amount of a payment made to a Board of a
District for a month under paragraph (1) shall bear the same
ratio to payments made to all Boards for the month as the
eligible production sold in the District during the month bears to
eligible production sold in all Districts.
(3) Payments by boards to producers.--
(A) In general.--With the approval of the
Secretary, a Board of a District shall use payments
received under paragraph (2) to make payments to
eligible producers for eligible production of milk that
is commercially sold in a participating State in the
District.
(B) Supply management.--In carrying out
subparagraph (A), a Board of a District may--
(i) use a portion of the payments described
in subparagraph (A) to provide bonuses or other
incentives to eligible producers for eligible
production to manage the supply of milk
produced in the District; and
(ii) request the Secretary to review a
proposed action under clause (i).
(C) Reimbursement of commodity credit
corporation.--
(i) In general.--If the Secretary
determines that the Commodity Credit
Corporation has incurred additional costs to
carry out the milk price support program as a
result of overproduction of milk due to the
operation of this section in a District, the
Secretary shall require the Board of the
District to reimburse the Commodity Credit
Corporation for the additional costs.
(ii) Board assessment.--The Board of the
District may impose an assessment on the sale
of milk within participating States in the
District to compensate the Commodity Credit
Corporation for the additional costs.
SEC. 4. COUNTER-CYCLICAL PAYMENTS FOR ELIGIBLE PRODUCERS FOR MILK SOLD
TO PROCESSORS IN NONPARTICIPATING STATES.
(a) Payments to Eligible Producers.--To the extent provided for in
advance in an appropriations Act, during each of calendar years 2003
through 2011, the Secretary shall use the funds, facilities, and
authorities of the Commodity Credit Corporation to make payments to an
eligible producer in a District for milk sold to processors in a State
that is not a participating State in an amount determined by
multiplying--
(1) the payment rate determined under subsection (b); by
(2) the payment quantity determined under subsection (c).
(b) Payment Rate.--The payment rate for a payment made to an
eligible producer in a District for a month under subsection (a) shall
equal 25 percent of the difference between--
(1) $13.00 per hundredweight; and
(2) the average price received by producers in the District
for Class III milk during the month, as determined by the
Secretary.
(c) Payment Quantity.--The payment quantity for a payment made to
an eligible producer in a District for a month under subsection (a)
shall be equal to--
(1) the quantity of eligible production of Class II, Class
III, and Class IV milk for the eligible producer during the
month, as determined by the Secretary; less
(2) the quantity of any milk that is sold by the eligible
producer to a processor in a participating State during the
month.
SEC. 5. PAYMENT LIMITATION.
In determining the amount of payments made for eligible production
under this Act, no individual or entity directly or indirectly may be
paid on production in excess of 230,000 pounds of milk per month. | Family Dairy Farmer and Rural Community Rescue Act of 2002 - Directs the Secretary of Agriculture to carry out counter-cyclical income support programs for dairy producers in participating and nonparticipating States through 2011. (Each State to be a participant unless it elects otherwise.) Limits individual or entity payments to 230,000 pounds of milk per month.Provides with respect to the participating State program for: (1) specified marketing area target prices; (2) five regional supply management districts; (3) specified payment rates; and (4) establishment in the Treasury of a National Dairy Producers Trust Fund. | {"src": "billsum_train", "title": "To establish a counter-cyclical income support program for dairy producers."} | 2,909 | 128 | 0.613362 | 1.43606 | 0.642031 | 2.769912 | 24.097345 | 0.911504 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Identity Theft Prevention Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the crime of identity theft has become one of the major
law enforcement challenges of the new economy, as vast
quantities of sensitive, personal information are now
vulnerable to criminal interception and misuse;
(2) in November 2002, Americans were alerted to the dangers
of identity theft when Federal prosecutors announced that 3
individuals had allegedly sold the credit and personal
information of 30,000 people, the largest single identity theft
case in United States history;
(3) hundreds of thousands of Americans are victims of
identity theft each year, resulting in an annual cost to
industry of more than $3,500,000,000.
(4) several indicators reveal that despite increased public
awareness of the crime, the number of incidents of identity
theft continues to rise;
(5) in December 2001, the Federal Trade Commission received
an average of more than 3,000 identity theft calls per week, a
700 percent increase since the Identity Theft Data
Clearinghouse began operation in November 1999;
(6) allegations of social security number fraud increased
by 500 percent between 1998 and 2001, from 11,000 to 65,000;
(7) a national credit reporting agency reported that
consumer requests for fraud alerts increased by 53 percent
during fiscal year 2001;
(8) identity theft violates the privacy of American
citizens and ruins their good names;
(9) victims of identity theft may suffer restricted access
to credit and diminished employment opportunities, and may
spend years repairing the damage to credit histories caused by
identity theft;
(10) businesses and government agencies that handle
sensitive personal information of consumers have a
responsibility to protect this information from identity
thieves; and
(11) the private sector can better protect consumers by
implementing effective fraud alerts, affording greater consumer
access to credit reports, truncating of credit card numbers,
and establishing other prevention measures.
SEC. 3. IDENTITY THEFT PREVENTION.
(a) Changes of Address.--
(1) Duty of issuers of credit.--Section 132 of the Truth in
Lending Act (15 U.S.C. 1642) is amended--
(A) by inserting ``(a) In General.--'' before ``No
credit''; and
(B) by adding at the end the following:
``(b) Confirmation of Changes of Address.--If a card issuer
receives a request for an additional credit card with respect to an
existing credit account not later than 30 days after receiving
notification of a change of address for that account, the card issuer
shall--
``(1) not later than 5 days after sending the additional
card to the new address, notify the cardholder of the request
at both the new address and the former address; and
``(2) provide to the cardholder a means of promptly
reporting incorrect changes.''.
(2) Enforcement.--
(A) Federal trade commission.--Except as provided
in subparagraph (B), compliance with section 132(b) of
the Truth in Lending Act (as added by this subsection)
shall be enforced by the Federal Trade Commission in
the same manner and with the same power and authority
as the Commission has under the Fair Debt Collection
Practices Act to enforce compliance with that Act.
(B) Other agencies in certain cases.--
(i) In general.--Compliance with section
132(b) of the Truth in Lending Act shall be
enforced under--
(I) section 8 of the Federal
Deposit Insurance Act, in the case of a
card issuer that is--
(aa) a national bank or a
Federal branch or Federal
agency of a foreign bank, by
the Office of the Comptroller
of the Currency;
(bb) a member bank of the
Federal Reserve System (other
than a national bank), a branch
or agency of a foreign bank
(other than a Federal branch,
Federal agency, or insured
State branch of a foreign
bank), a commercial lending
company owned or controlled by
a foreign bank, or an
organization operating under
section 25 or 25A of the
Federal Reserve Act, by the
Board of Governors of the
Federal Reserve System;
(cc) a bank insured by the
Federal Deposit Insurance
Corporation (other than a
member of the Federal Reserve
System or a national nonmember
bank) or an insured State
branch of a foreign bank, by
the Board of Directors of the
Federal Deposit Insurance
Corporation; and
(dd) a savings association,
the deposits of which are
insured by the Federal Deposit
Insurance Corporation, by the
Director of the Office of
Thrift Supervision; and
(II) the Federal Credit Union Act,
by the Administrator of the National
Credit Union Administration in the case
of a card issuer that is a Federal
credit union, as defined in that Act.
(C) Violations treated as violations of other
laws.--
(i) In general.--For the purpose of the
exercise by any agency referred to in this
paragraph of its powers under any Act referred to in this paragraph, a
violation of section 132(b) of the Truth in Lending Act (as added by
this subsection) shall be deemed to be a violation of a requirement
imposed under that Act.
(ii) Agency authority.--In addition to its
powers under any provision of law specifically
referred to in subparagraph (A) or (B), each of
the agencies referred to in those subparagraphs
may exercise, for the purpose of enforcing
compliance with section 132(b) of the Truth in
Lending Act, any other authority conferred on
such agency by law.
(b) Fraud Alerts.--Section 605 of the Fair Credit Reporting Act (15
U.S.C. 1681c) is amended by adding at the end the following:
``(g) Fraud Alerts.--
``(1) Defined term.--In this subsection, the term `fraud
alert' means a statement in the file of a consumer that
notifies all prospective users of a consumer report made with
respect to that consumer that--
``(A) the consumer's identity may have been used,
without the consumer's consent, to fraudulently obtain
goods or services in the consumer's name; and
``(B) the consumer does not authorize the issuance
or extension of credit in the name of the consumer
unless the issuer of such credit--
``(i) obtains express preauthorization from
the consumer at a telephone number designated
by the consumer; or
``(ii) utilizes another reasonable means of
communications to obtain the express
preauthorization of the consumer.
``(2) Inclusion of fraud alert in consumer file.--Upon the
request of a consumer and upon receiving proper identification,
a consumer reporting agency shall include a fraud alert in the
file of that consumer.
``(3) Notice sent by consumer reporting agencies.--A
consumer reporting agency shall notify each person procuring
consumer credit information with respect to a consumer of the
existence of a fraud alert in the file of that consumer,
regardless of whether a full credit report, credit score, or
summary report is requested.
``(4) Procedures to receive fraud alerts.--Any person who
uses a consumer credit report in connection with a credit
transaction shall establish reasonable procedures to receive
fraud alerts transmitted by consumer reporting agencies.
``(5) Violations.--
``(A) Consumer reporting agency.--Any consumer
reporting agency that fails to notify any user of a
consumer credit report of the existence of a fraud
alert in that report shall be in violation of this
section.
``(B) User of a consumer report.--Any user of a
consumer report that fails to comply with
preauthorization procedures contained in a fraud alert
and issues or extends credit in the name of the
consumer to a person other than the consumer shall be
in violation of this section.
``(6) Exceptions.--
``(A) Resellers.--
``(i) In general.--The provisions of this
subsection do not apply to a consumer reporting
agency that acts as a reseller of information
by assembling and merging information contained
in the database of another consumer reporting
agency or multiple consumer reporting agencies,
and does not maintain a permanent database of
the assembled or merged information from which
new consumer reports are produced.
``(ii) Limitation.--A reseller of assembled
or merged information shall preserve any fraud
alert placed on a consumer report by another
consumer reporting agency.
``(B) Exempt institutions.--The requirement under
this subsection to place a fraud alert in a consumer
file shall not apply to--
``(i) a check services company, which
issues authorizations for the purpose of
approving or processing negotiable instruments,
electronic funds transfers, or similar methods
of payments; or
``(ii) a demand deposit account information
service company, which issues reports regarding
account closures due to fraud, substantial
overdrafts, ATM abuse, or similar negative
information regarding a consumer, to inquiring
banks or other financial institutions for use
only in reviewing a consumer request for a
demand deposit account at the inquiring bank or
financial institution.''.
SEC. 4. TRUNCATION OF CREDIT CARD ACCOUNT NUMBERS.
(a) In General.--Except as provided in this section, no person,
firm, partnership, association, corporation, or limited liability
company that accepts credit cards for the transaction of business shall
print more than the last 5 digits of the credit card account number or
the expiration date upon any receipt provided to the cardholder.
(b) Limitation.--This section--
(1) applies only to receipts that are electronically
printed; and
(2) does not apply to transactions in which the sole means
of recording the cardholder's credit card account number is by
handwriting or by an imprint or copy of the credit card.
(c) Effective Date.--This section shall take effect--
(1) on the date that is 4 years after the date of enactment
of this Act, with respect to any cash register or other machine
or device that electronically prints receipts for credit card
transactions that is in use prior to the date of enactment of
this Act; and
(2) on the date that is 18 months after the date of
enactment of this Act, with respect to any cash register or
other machine or device that electronically prints receipts for
credit card transactions that is first put into use on or after
the date of enactment of this Act.
(d) Effect on State Law.--Nothing in this section prevents a State
from imposing requirements that are the same or substantially similar
to the requirements of this section at any time before the effective
date of this section.
SEC. 5. FREE ANNUAL CREDIT REPORT.
Section 612(c) of the Fair Credit Reporting Act (15 U.S.C.
1681j(c)) is amended to read as follows:
``(c) Free Annual Disclosure.--Upon the request of the consumer and
without charge to the consumer, a consumer reporting agency shall make
all the disclosures listed under section 609 once during any 12-month
period.''. | Identity Theft Prevention Act - Amends the Truth in Lending Act to prescribe procedural guidelines under which a credit card issuer must confirm changes of address.Confers enforcement jurisdiction upon: (1) the Federal Trade Commission; and (2) designated Federal agencies in specified circumstances.Amends the Fair Credit Reporting Act to prescribe procedural guidelines under which a consumer reporting agency shall: (1) notify the requester of a discrepancy in the address in the consumer file; and (2) include a fraud alert in the file of a requesting consumer.Mandates truncation of credit card account numbers, so that an entity that accepts credit cards for the transaction of business is prohibited from printing more than the last five digits of the credit card account number or the expiration date upon any receipt provided to the cardholder.Mandates that one annual credit report be furnished free by a consumer reporting agency upon consumer request. | {"src": "billsum_train", "title": "A bill to prevent identity theft, and for other purposes."} | 2,444 | 200 | 0.533243 | 1.508881 | 0.791778 | 3.633136 | 13.461538 | 0.852071 |
SECTION 1. FEDERAL RETIREMENT PROVISIONS RELATING TO MEMBERS OF
CONGRESS AND CONGRESSIONAL EMPLOYEES.
(a) Short Title.--This Act may be cited as the ``Congressional
Annuity Reform Act of 1995''.
(b) Relating to the Maximum Annuity Allowable Pursuant to Cost-of-
Living Adjustments.--Section 8340(g)(1) of title 5, United States Code,
is amended--
(1) in subparagraph (A) by striking ``or'' after the
semicolon;
(2) in subparagraph (B)--
(A) by striking ``employee or Member'' and
inserting ``employee'';
(B) by striking ``employee or Member'' and
inserting ``employee,'';
(C) by striking ``employee's or Member's'' and
inserting ``employee's''; and
(D) by striking the period at the end of
subparagraph (B)(ii) and inserting ``; or ''; and
(3) by adding at the end the following:
``(C) the final pay of the Member with respect to whom the
annuity is paid.''.
(c) Relating to the Years of Service as a Member of Congress and
Congressional Employees for Purposes of Computing an Annuity.--
(1) CSRS.--Section 8339 of title 5, United States Code, is
amended--
(A) by striking subsections (b) and (c); and
(B) in subsection (a) by inserting ``or Member''
after ``employee''.
(2) FERS.--Section 8415 of title 5, United States Code, is
amended--
(A) by striking subsections (b) and (c);
(B) in subsections (a) and (g) by inserting ``or
Member'' after ``employee'' each place it appears; and
(C) in subsection (g)(2) by striking out
``Congressional employee''.
(d) Contribution Rates.--
(1) CSRS.--(A) Section 8334(a)(1) of title 5, United States
Code, is amended--
(i) by striking out ``of an employee, 7\1/2\
percent of the basic pay of a Congressional employee,''
and inserting in lieu thereof ``of an employee, a
Member,''; and
(ii) by striking out ``basic pay of a Member,'' and
inserting in lieu thereof ``basic pay of''.
(B) The table under section 8334(c) of title 5, United
States Code is amended--
(i) in the item relating to Member of employee for
congressional employee service by striking out
'' 7\1/2\........................ After December 31, 1969.''
and inserting in lieu thereof
'' 7\1/2\........................ December 31, 1969 to (but not including) the
effective date of the Congressional Annuity
Reform Act of 1995.
'' 7............................. On and after the effective date of the
Congressional Annuity Reform Act of 1995.'';
and
(ii) in the item relating to Member for Member
service by striking out
'' 8............................. After December 31, 1969.''
and inserting in lieu thereof
'' 8............................. December 31, 1969 to (but not including) the
effective date of the Congressional Annuity
Reform Act of 1995.
'' 7............................. On and after the effective date of the
Congressional Annuity Reform Act of 1995.''.
(2) FERS.--Section 8422(a)(2) of title 5, United States
Code, is amended--
(A) in subparagraph (A) by striking out ``employee
(other than a law enforcement officer, firefighter, air
traffic controller, or Congressional employee)'' and
inserting in lieu thereof ``employee or Member (other
than a law enforcement officer, firefighter, or air
traffic controller)''; and
(B) in subparagraph (B)--
(i) by striking out ``a Member,''; and
(ii) by striking out ``air traffic
controller, or Congressional employee,'' and
inserting in lieu thereof ``or air traffic
controller,''.
(e) Administrative Regulations.--The Secretary of the Senate and
the Clerk of the House of Representatives, in consultation with the
Office of Personnel Management, may prescribe regulations to carry out
the provisions of this section and the amendments made by this section
for applicable employees and Members of Congress.
(f) Effective Dates.--
(1) Short title.--Subsection (a) shall take effect on the
date of the enactment of this Act.
(2) COLA adjustments.--The amendments made by subsection
(b) shall take effect on the date of the enactment of this Act
and shall apply with respect to annuities commencing on or
after November 6, 1996.
(3) Years of service; annuity computation.--(A) The
amendments made by subsection (c) shall take effect on the date
of the enactment of this Act and shall apply only with regard
to the computation of an annuity relating to--
(i) the service of a Member of Congress as a Member
or as a congressional employee performed after November
6, 1996; and
(ii) the service of a congressional employee as a
congressional employee performed after November 6,
1996.
(B) An annuity shall be computed as though the amendments
made under subsection (c) has not been enacted with regard to--
(i) the service of a Member of Congress as a Member
or a congressional employee or military service
performed before November 6, 1996; and
(ii) the service of a congressional employee as a
congressional employee or military service performed
before November 6, 1996.
(4) Contribution rates.--The amendments made by subsection
(d) shall take effect on the first day of the first applicable
pay period beginning on or after November 6, 1996.
(5) Regulations.--The provisions of subsection (e) shall
take effect on the date of the enactment of this Act. | Congressional Annuity Reform Act of 1995 - Amends provisions concerning the Civil Service Retirement System (CSRS) and the Federal Employees' Retirement System (FERS) to: (1) limit the maximum CSRS annuity payable to Members of Congress with respect to cost of living adjustments (COLAs) to the final pay of the Member with respect to whom the annuity is paid; and (2) make other changes in the computation of CSRS and FERS annuities payable to Members, including eliminating adjustments for previous service as a congressional employee.
Provides for the deduction and withholding of seven percent (currently, eight and seven and a half percent, respectively) of the basic pay of a Member or congressional employee under CSRS, thus making such deduction and withholding equivalent to that of a Federal employee. Makes deductions and withholding under FERS for Members and congressional employees conform to those of Federal employees as well.
Makes provisions of this Act regarding: (1) COLA adjustments and Member annuities applicable to annuities commencing on or after November 6, 1996; (2) computation of annuities and years of service applicable to service performed after such date; and (3) contribution rates applicable in the first pay period beginning on or after such date. | {"src": "billsum_train", "title": "Congressional Annuity Reform Act of 1995"} | 1,443 | 267 | 0.614301 | 1.577611 | 0.79826 | 2.118143 | 5.122363 | 0.78481 |
SECTION 1. SHORT TITLE.
This Act may be cited as ``Special Exposure Cohort Fairness Act of
2004''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Since World War II, hundreds of thousands of men and
women have served in building the Nation's nuclear defense and,
in the course of this work, have been exposed to beryllium,
ionizing radiation, and other hazards unique to nuclear weapons
production and testing, including tens of thousands of workers
in New Mexico. The purpose of the Energy Employees Occupational
Illness Compensation Program Act of 2000 (in this section
referred to as the ``Act''), which was enacted on October 30,
2000, is to provide for timely, uniform, and adequate
compensation of covered employees and, where applicable,
survivors of such employees, suffering from illnesses incurred
by such employees in the performance of duty for the Department
of Energy and certain of its contractors and subcontractors.
(2) Executive Order No. 13179 required the Secretary of
Health and Human Services to carry out the Act's statutory
requirement to issue and implement procedures for conducting
radiation dose reconstruction, to establish the scientific
basis for compensation, and to issue regulations under which
classes of workers could petition to become members of a
Special Exposure Cohort and under which such petitions could be
evaluated. Pursuant to the Act, workers may petition to be
members of a Special Exposure Cohort when it is not feasible to
estimate dose with sufficient accuracy and there is a
reasonable likelihood that exposures to radiation may have
endangered the health of the class of workers. Special Exposure
Cohort status provides an automatic presumption of causation
for 22 radiation-related cancers without the need for
attempting to estimate radiation dose, and is intended to
remove an otherwise insurmountable burden of proof. Such
Special Exposure Cohorts have been designated by Congress at
Paducah, Kentucky, Portsmouth, Ohio, the K-25 facility at Oak
Ridge, Tennessee, and the Amchitka Island Test site in Alaska.
(3) The National Institute for Occupational Safety and
Health was tasked with conducting radiation dose
reconstructions under the Act. As of April 16, 2004, the
Institute has completed 15 out of 571 radiation dose
reconstructions for covered workers at Los Alamos, New Mexico.
The Institute has completed only 18 out of 765 dose
reconstructions in New Mexico. Sick workers are dying while
awaiting a determination on their claims, and in many cases the
delays have caused them to lose hope.
(4) Congressional intent undergirding the statutory
requirement to allow additional Special Exposure Cohorts was
explained by Senator Jeff Bingaman, an original cosponsor, as
part of the floor debate on the enactment of the Act on October
12, 2000. He stated that this provision was added ``for a
significant minority who were exposed to radiation but for whom
it would be infeasible to reconstruct their dose. There are
several reasons why . . . this infeasibility might exist. First
relevant dose records might be missing or might not exist
altogether. Second there might be a way to reconstruct the
dose, but it would be prohibitively expensive to do so. Finally
it might take so long to reconstruct a dose for a group of
workers that they will all be dead before we have an answer
that can be used to determine their eligibility.''.
(5) Dose reconstruction is being interminably delayed for
claimants at Los Alamos National Laboratory. A May 5, 2004,
report to Congress by the Centers for Disease Control regarding
obstacles to records recovery needed for radiation dose
reconstruction states that: ``Los Alamos National Laboratory
has not submitted individual bioassay data, nor detailed
external dosimetry data. The submittals consist of derived dose
quantities, which cannot readily be used in dose
reconstructions because they use a different methodology than
NIOSH uses for dose reconstructions''.
(6) Hearings and investigations reveal that there was not
appropriate worker monitoring for mixed neutron and gamma
radiation for certain time periods, doubtful reliability of
radiation dosimetry reports provided to claimants for certain
time periods, and for some claimants, access has been denied to
particular monitoring records. One of the workers who testified
at a Department of Energy hearing in Espanola, New Mexico, in
2000 described how he could fall through the cracks of a system
that operated solely on dose histories. He was a supervisor at
what was called the ``hot dump'' at Los Alamos. Environmental
restoration reports indicate that more than 80 different
radionuclides were taken there to be disposed of, making it
very difficult to resconstruct dose amounts for each worker.
(7) Over the course of the atomic weapons program at Los
Alamos, health-related documents were withheld from the workers
and public in order to shield the Government and its
contractors from public criticism, concerns about union demands
for hazardous duty pay, and real or perceived liability.
(8) Memoranda indicate that air concentrations of
radionuclides at Area G of Los Alamos were systematically
underreported in environmental surveillance reports issued to
the public in the late 1980's and early 1990's, according to
the Pueblo Office of Environmental Protection in 1992.
(9) During the 2003 and 2004 regular sessions, the New
Mexico legislature, through the leadership of State
Representative Ray Ruiz, enacted Joint Memorials calling upon
the United States Congress to enact comprehensive reforms to
subtitle B and subtitle D of the Act to remedy the injustices
to workers made sick from employment by contractors and
subcontractors at Los Alamos. House Joint Memorial 16 (2003)
and House Joint Memorial 20 (2004) state in relevant part:
``those employees who are unable to obtain records establishing
past exposures and employees whose claims of radiation exposure
are in jeopardy of being denied due to scientific uncertainty
in causation determinations should receive the benefit of the
doubt and be compensated under the federal act''.
(10) The memorial also urges that, in enacting Federal
reform legislation with respect to the Act: ``special exposure
cohorts be established for employees in area G and the linear
accelerator at Los Alamos national laboratory, and for security
guards and all construction workers, due to the impossibility
of accurately reconstructing past radiation doses.''.
(11) The predicates for a Special Exposure Cohort for Los
Alamos workers have been met. For some, dose records are
missing or are incomplete; for others, it is requiring a costly
research effort, the reliability of the Institute's dose
estimates may be open to question, and for virtually all Los
Alamos claimants, the Institute is taking so long to estimate
dose that claimants are dying off before they ever receive a
determination. Justice has been denied through interminable
delays. New Mexico's large population of potentially eligible
claimants at Department of Energy facilities should not have to
wait another generation or more to be compensated for their
occupational illnesses.
SEC. 3. DEFINITION OF MEMBER OF SPECIAL EXPOSURE COHORT TO INCLUDE
WORKERS AT LOS ALAMOS NATIONAL LABORATORY, LOS ALAMOS,
NEW MEXICO.
(a) In General.--Section 3621(14) of the Energy Employees
Occupational Illness Compensation Program Act of 2000 (42 U.S.C.
7384l(14)) is amended--
(1) by redesignating subparagraph (C) as subparagraph (D);
and
(2) by inserting after subparagraph (B) the following:
``(C) The employee was so employed for a number of
work days aggregating at least 250 work days during the
period 1945 through 2000 at Los Alamos National
Laboratory, Los Alamos, New Mexico, as a cohort-
eligible Los Alamos worker (as defined in paragraph
(18)) for work carried out under contract to the
Department of Energy, and, during such employment--
``(i) was monitored through the use of--
``(I) dosimetry badges for exposure
at the plant of the external parts of
employee's body to radiation; or
``(II) biossays, in vivo
monitoring, or breath samples for
exposure at the plant to internal
radiation; or
``(ii) worked in a job that had exposures
comparable to a job that is monitored, or
should have been monitored, under standards of
the Department of Energy in effect on the date
of the enactment of this subparagraph through
the use of dosimetry badges for monitoring
external radiation exposures, or bioassays or
in vivo monitoring for internal radiation
exposures.''.
(b) Cohort-Eligible Los Alamos Workers.--Section 3621 of such Act
is further amended by adding at the end the following new paragraph:
``(18) The term `cohort-eligible Los Alamos worker' applies
to employment--
``(A) in Area G or at the linear accelerator;
``(B) as a security guard or construction worker;
or
``(C) in any area of Los Alamos National Laboratory
and in any capacity, if all records necessary for
radiation dose reconstruction under this Act with
respect to that employee have not been received by the
National Institute for Occupational Safety and Health
from the Department of Energy or its contractors within
200 days after receipt of the claim under this Act with
respect to that employee.''. | Special Exposure Cohort Fairness Act of 2004 - Amends the Energy Employees Occupational Illness Compensation Program Act of 2000 to include within its Special Exposure Cohort for compensation purposes certain employees who, during their employment at Los Alamos National Laboratory, Los Alamos, New Mexico, during the period 1945 through 2000: (1) were monitored through the use of dosimetry badges for exposure at the plant of the external parts of an employee's body to radiation; (2) were monitored through the use of bioassays, in vivo monitoring, or breath samples for exposure at the plant to internal radiation; or (3) worked in a job that had exposures comparable to a job that is monitored under certain DOE standards through the use of dosimetry badges for monitoring external radiation exposures, or bioassays, in vivo monitoring, for internal radiation exposures.
Defines Cohort-Eligible Los Alamos Worker as one employed: (1) as a security guard or construction worker; (2) in Area G or at the linear accelerator; or (3) in any area of Los Alamos National Laboratory and in any capacity, if all records necessary for radiation dose reconstruction with respect to such employee have not been received by the National Institute for Occupational Safety and Health from the Department of Energy or its contractors within 200 days after receipt of a claim under this Act. | {"src": "billsum_train", "title": "To amend the Energy Employees Occupational Illness Compensation Program Act of 2000 to include certain nuclear weapons program workers in the Special Exposure Cohort under the compensation program established by that Act."} | 2,079 | 298 | 0.605015 | 2.07381 | 0.673853 | 5.110236 | 7.389764 | 0.984252 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fuel Supply Improvement Act of
2005''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Hurricane Katrina, which struck the Gulf Coast and New
Orleans, Louisiana, on August 29, 2005, substantially disrupted
petroleum production, refining, and pipeline systems in the
region, impacting energy prices and supply nationwide.
(2) In the immediate aftermath of Katrina, United States
refining capacity was reduced by more than 2,000,000 barrels
per day. While some capacity was restored within several days,
4 refineries with a total capacity of 879,000 barrels per day,
roughly 5 percent of pre-Katrina capacity, remain offline.
These refineries sustained major damage and will not reopen for
an extended period of time.
(3) Within a week of the hurricane's landfall, the national
average retail price for motor vehicle gasoline rose by 46
cents to $3.069 per gallon. Prices of other refined fuels also
rose quickly in response to the hurricane.
(4) Before Katrina, United States refining capacity was
already significantly strained, with industry average
utilization rates of 95 percent of capacity or higher.
(5) No new refinery has been constructed in the United
States since 1976. There are 148 operating refineries in the
United States, down from 324 in 1981. Total capacity at
operating refineries is 17,000,000 barrels per day, while total
United States demand averages nearly 21,000,000 barrels per
day. This growing gap is met by an increasing amount of imports
of refined products from foreign sources.
(6) A growing reliance on foreign sources of refined
petroleum products impairs our national security interests.
(7) It serves the national interest to increase refinery
capacity for gasoline, heating oil, diesel fuel, and jet fuel
wherever located within the United States, to bring more supply
to the markets for use by the American people. Production and
use of refined petroleum products has a significant impact on
interstate commerce.
(8) Refiners are subject to significant environmental and
other regulations and face several new Clean Air Act
requirements over the next decade. New Clean Air Act
requirements may benefit the environment but will also require
substantial capital investment and additional government
permits.
(9) More regulatory certainty for refinery owners is needed
to stimulate investment in increased refinery capacity.
Required procedures for regulatory approvals need to be
streamlined to ensure that increased refinery capacity can be
developed and operated in a safe, timely, and cost-effective
manner.
SEC. 3. EXPEDITED FEDERAL PERMITTING.
(a) In General.--Except as provided in subsection (b), an
application for a permit under a law described in subsection (c) to
construct or expand a petroleum refining facility in the United States
shall be approved not later than 90 days after a complete application
is received. If such permit is not approved within 90 days, the
Secretary of Energy, in consultation with the Office of Regulatory
Assistance, shall issue the permit. The Secretary of Energy shall
coordinate Federal implementation of this subsection.
(b) Presidential Determination.--A permit shall not be approved
under subsection (a) if the President determines that the benefits to
the United States of increased refinery capacity that would be provided
by the proposed construction or expansion are outweighed by the costs
of approving the permit. A decision by the President to not make a
determination under this subsection shall not be subject to judicial
review.
(c) Covered Laws.--This section applies only to permits under the
Clean Air Act, the Federal Water Pollution Control Act, the Safe
Drinking Water Act, the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, the Solid Waste Disposal Act,
the Toxic Substances Control Act, the National Historic Preservation
Act, and the National Environmental Policy Act of 1969.
(d) Applicability.--This section shall apply to any refinery repair
or reconstruction at an existing refinery undertaken in the area
affected by Hurricane Katrina and undertaken as a result of Hurricane
Katrina. This section shall not apply during a period with respect to
which the Secretary of Energy has certified to Congress in writing that
United States domestic petroleum refining capacity is sufficient to
serve the needs of the United States, accounting for the possibility of
natural disasters, terrorist attacks, fires, routine maintenance, the
effects of unique fuel blends, or other potential events.
SEC. 4. LITIGATION.
(a) Direct Legal Representation.--At the request of the applicant,
the Secretary of Energy shall provide direct legal representation for a
person who has filed an application described in section 3(a) for any
lawsuit brought against such person or the Federal Government under
such a law with respect to the permit approval procedure or
construction or expansion of the facility to which the application
relates, if the Secretary believes the lawsuit lacks merit, is brought
solely to delay the completion of the facility, or will have the effect
of delaying the completion of the facility in a period when United
States domestic refining capacity is insufficient.
(b) Attorneys' Fees.--Any party in an action with respect to the
approval of an application described in section 3(a), or the
construction or expansion of the facility to which the application
relates, shall be awarded attorneys' fees in proportion to the amount
of the original claim that is awarded or denied by the court.
SEC. 5. OFFICE OF REGULATORY ASSISTANCE.
The Secretary of Energy shall establish an office whose sole
purpose is to assist applicants in developing permit applications,
planning, and otherwise pursuing the construction or expansion of a
petroleum refining facility in the United States. This assistance shall
include--
(1) serving as an advocate for the applicant to the
permitting agencies;
(2) ensuring that permitting agencies are responsive to
applicants;
(3) ensuring that permits are issued by statutory
deadlines; and
(4) consulting with the Secretary of Energy to offer advice
relating to issuing a permit for an agency that has not met
deadlines contained in section 3(a).
SEC. 6. STANDBY SUPPORT FOR CERTAIN PETROLEUM REFINING FACILITY DELAYS.
(a) Contract Authority.--
(1) In general.--The Secretary of Energy may enter into
contracts under this section with sponsors of 6 new petroleum
refining facilities, each with an output of at least 150,000
barrels per day, in accordance with paragraph (2). The
Secretary shall give preference to new refineries that will
increase the geographic diversity of existing United States
domestic refining capacity.
(2) Requirement for contracts.--
(A) Definition of loan cost.--In this paragraph,
the term ``loan cost'' has the meaning given the term
``cost of a loan guarantee'' under section 502(5)(C) of
the Federal Credit Reform Act of 1990 (2 U.S.C.
661a(5)(C)).
(B) Establishment of accounts.--There is
established in the Department of Energy 2 separate
accounts, which shall be known as the--
(i) ``Refinery Standby Support Program
Account''; and
(ii) ``Refinery Standby Support Grant
Account''.
(C) Requirement.--The Secretary shall not enter
into a contract under this section unless the Secretary
deposits--
(i) in the Refinery Standby Support Program
Account established under subparagraph (B),
funds appropriated to the Secretary in advance
of the contract or a combination of
appropriated funds and loan guarantee fees that
are in an amount sufficient to cover the loan
costs described in subsection (c)(5)(A); and
(ii) in the Refinery Standby Support Grant
Account established under subparagraph (B),
funds appropriated to the Secretary in advance
of the contract, paid to the Secretary by the
sponsor of the petroleum refining facility, or
a combination of appropriations and payments
that are in an amount sufficient cover the
costs described in subsection (c)(5)(B).
(b) Covered Delays.--
(1) Inclusions.--Under each contract authorized by this
section, the Secretary shall pay the costs specified in
subsection (c), using funds appropriated or collected for the
covered costs, if full operation of the petroleum refining
facility is delayed by--
(A) the failure of the appropriate Federal agency
to comply with schedules for review and approval of
inspections, tests, analyses, and acceptance criteria;
or
(B) litigation that delays the commencement of full
operations of the petroleum refining facility.
(2) Exclusions.--The Secretary may not enter into any
contract under this section that would obligate the Secretary
to pay any costs resulting from--
(A) the failure of the sponsor to take any action
required by law or regulation;
(B) events within the control of the sponsor; or
(C) normal business risks.
(c) Covered Costs.--
(1) In general.--Subject to paragraphs (2), (3), and (4),
the costs that shall be paid by the Secretary pursuant to a
contract entered into under this section are the costs that
result from a delay covered by the contract.
(2) Initial 2 facilities.--In the case of the first 2
facilities on which construction is commenced, the Secretary
shall pay--
(A) 100 percent of the covered costs of delay; but
(B) not more than $500,000,000 per contract.
(3) Subsequent 4 facilities.--In the case of the next 4
facilities on which construction is commenced, the Secretary
shall pay--
(A) 50 percent of the covered costs of delay that
occur after the initial 180-day period of covered
delay; but
(B) not more than $250,000,000 per contract.
(4) Conditions on payment of certain covered costs.--
(A) In general.--The obligation of the Secretary to
pay the covered costs described in subparagraph (B) of
paragraph (5) is subject to the Secretary receiving
from appropriations or payments from other non-Federal
sources amounts sufficient to pay the covered costs.
(B) Non-federal sources.--The Secretary may receive
and accept payments from any non-Federal source, which
shall be made available without further appropriation
for the payment of the covered costs.
(5) Types of covered costs.--Subject to paragraphs (2),
(3), and (4), the contract entered into under this section for
a petroleum refining facility shall include as covered costs
those costs that result from a delay during construction and in
gaining approval for full operation, including--
(A) principal or interest on any debt obligation of
a petroleum refining facility owned by a non-Federal
entity; and
(B) the incremental difference between--
(i) the fair market price of refined
petroleum products purchased to meet the
contractual supply agreements that would have
been met by the petroleum refining facility but
for the delay; and
(ii) the contractual price of refined
petroleum products from the petroleum refining
facility subject to the delay.
(d) Requirements.--Any contract between a sponsor and the Secretary
covering a petroleum refining facility under this section shall require
the sponsor to use due diligence to shorten, and to end, the delay
covered by the contract.
(e) Reports.--For each petroleum refining facility that is covered
by a contract under this section, the Secretary shall submit to
Congress quarterly reports summarizing the status of regulatory and
other actions associated with the petroleum refining facility.
(f) Regulations.--
(1) In general.--Subject to paragraphs (2) and (3), the
Secretary shall issue such regulations as are necessary to
carry out this section.
(2) Interim final rulemaking.--Not later than 270 days
after the date of enactment of this Act, the Secretary shall
issue for public comment an interim final rule regulating
contracts authorized by this section.
(3) Notice of final rulemaking.--Not later than 1 year
after the date of enactment of this Act, the Secretary shall
issue a notice of final rulemaking regulating the contracts.
(g) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 7. NEW SOURCE REVIEW UNDER THE CLEAN AIR ACT.
Part A of title I of the Clean Air Act (42 U.S.C. 7401 and
following) is amended by adding the following new section at the end
thereof:
``SEC. 132 NEW SOURCE REVIEW.
``In promulgating regulations respecting new source review under
this Act, the Administrator shall include in such regulations
provisions providing that routine maintenance and repair shall not
constitute a modification of an existing source requiring compliance
with new source review requirements. Such provisions shall provide that
equipment replacement shall be considered routine maintenance and
repair if it meets each of the following requirements:
``(1) It does not increase actual emissions of any air
pollutant by more than 5 percent.
``(2) It does not increase actual emissions of any air
pollutant by more than 40 tons per year.
Notwithstanding any other provision of this Act, no State may include
in any State implementation plan any provisions regarding new source
review that are more stringent than those contained in the regulations
of the Administrator under this section.''.
SEC. 8. DISCOUNTED SALES OF ROYALTY-IN-KIND OIL TO QUALIFIED SMALL
REFINERIES.
(a) Requirement.--The Secretary of the Interior shall issue and
begin implementing regulations by not later than 60 days after the date
of the enactment of this Act, under which the Secretary shall charge a
discounted price in any sale to a qualified small refinery of crude oil
obtained by the United States as royalty-in-kind.
(b) Amount of Discount.--The regulations shall provide that the
amount of any discount applied pursuant to this section in any sale of
crude oil to a qualified small refinery--
(1) shall reflect the actual costs of transporting such oil
from the point of origin to the qualified small refinery; and
(2) shall not exceed $4.50 per barrel of oil sold.
(c) Termination of Discount.--This section and any regulations
issued under this section shall not apply on and after any date on
which the Secretary of Energy determines that United States domestic
refining capacity is sufficient.
(d) Qualified Small Refinery.--In this section the term ``qualified
small refinery'' means a refinery of a small business refiner (as that
term is defined in section 45H(c)(1) of the Internal Revenue Code of
1986) that demonstrates to the Secretary of the Interior that it had
unused crude oil processing capacity in 2004.
SEC. 9. CONSTITUTIONAL AUTHORITY.
The Constitutional authority on which this Act rests is the power
of Congress to regulate Commerce among the several States as enumerated
in Article I, Section 8, Clause 3 of the United States Constitution. | Fuel Supply Improvement Act of 2005 - Prescribes guidelines to expedite federal permitting procedures for construction or expansion of a domestic petroleum refining facility.
Applies such expedited permit procedures exclusively to permits under specified environmental protection statutes.
Directs the Secretary of Energy, upon applicant request, to provide direct legal representation to a refining facility applicant to defend against a lawsuit regarding the permit approval procedure, or facility construction or expansion, if the Secretary believes the lawsuit is without merit, is brought solely to delay facility completion, or will have the effect of delaying facility completion in a period when U.S. domestic refining capability is insufficient.
Instructs the Secretary to establish an office of regulatory assistance whose sole purpose is to assist applicants with permit applications, planning, and otherwise pursuing the construction or expansion of a domestic petroleum refining facility.
Grants the Secretary contracting authority with sponsors of new large-sized petroleum refining facilities.
Establishes in the Department of Energy the Refinery Standby Support Program Account and the Refinery Standby Support Grant Account to cover loan costs and costs resulting from certain construction delays.
Amends the Clean Air Act to direct the Administrator of the Environmental Protection Agency to provide within new source review regulations that equipment replacement shall be considered routine maintenance and repair if it: (1) does not increase actual emissions of any air pollutant by more than 5%; and (2) does not increase actual emissions of any air pollutant by more than 40 tons per year.
Directs the Secretary of the Interior to charge a discounted price in any sale to a qualified small refinery of crude oil obtained by the United States as royalty-in-kind. | {"src": "billsum_train", "title": "To expedite the construction of new refining capacity in the United States."} | 3,267 | 359 | 0.467686 | 1.474588 | 0.727517 | 4.365385 | 9.592949 | 0.929487 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reclassification to Ensure Smarter
and Equal Treatment Act of 2015'' or the ``RESET Act''.
SEC. 2. RECLASSIFICATION OF LOW-LEVEL FELONIES.
(a) In General.--Part D of the Controlled Substances Act (21 U.S.C.
841 et seq.) is amended--
(1) in section 404(a) (21 U.S.C. 844(a))--
(A) in the fourth sentence--
(i) by striking ``2 years'' and inserting
``1 year'';
(ii) by striking ``$2,500'' and inserting
``$1,000'';
(iii) by striking ``3 years'' and inserting
``1 year''; and
(iv) by striking ``$5,000'' and inserting
``$1,000''; and
(B) by striking the fifth sentence and inserting
the following: ``Notwithstanding any penalty provided
in this subsection, any person who commits an offense
under this subsection for the possession of a date rape
drug (as defined in section 401(g)(2)) after a prior
conviction under this title or title III, or a prior
conviction for any drug, narcotic, or chemical offense
chargeable under the law of any State, has become
final, shall be sentenced to a term of imprisonment for
not less than 15 days but not more than 2 years, and
shall be fined a minimum of $2,500 and if any person
commits such offense after 2 or more prior convictions
under this title or title III, or 2 or more prior
convictions for any drug, narcotic, or chemical offense
chargeable under the law of any State, or a combination
of 2 or more such offenses have become final, such
person shall be sentenced to a term of imprisonment for
not less than 90 days but not more than 3 years, and
shall be fined a minimum of $5,000.''; and
(2) in section 422(b) (21 U.S.C. 863(b)), by striking
``three years'' and inserting ``1 year''.
(b) Elimination of Increased Penalties for Cocaine Offenses Where
the Cocaine Involved Is Cocaine Base.--
(1) Controlled substances act.--The following provisions of
the Controlled Substances Act (21 U.S.C. 801 et seq.) are
repealed:
(A) Clause (iii) of section 401(b)(1)(A).
(B) Clause (iii) of section 401(b)(1)(B).
(2) Controlled substances import and export act.--The
following provisions of the Controlled Substances Import and
Export Act (21 U.S.C. 951 et seq.) are repealed:
(A) Subparagraph (C) of section 1010(b)(1).
(B) Subparagraph (C) of section 1010(b)(2).
SEC. 3. WEIGHING OF CONTROLLED SUBSTANCES MIXED WITH FOOD PRODUCTS.
(a) In General.--Part D of the Controlled Substances Act (21 U.S.C.
841 et seq.) is amended by adding at the end the following:
``SEC. 424. WEIGHING OF CONTROLLED SUBSTANCES MIXED WITH FOOD PRODUCTS.
``In determining the weight of a controlled substance or mixture of
controlled substances that is in compound with a food product for
purposes of this title or title III, the weight of the food product
shall not be included.''.
(b) Technical and Conforming Amendment.--The table of contents for
the Controlled Substances Act (21 U.S.C. 801 et seq.) is amended by
inserting after the item relating to section 423 the following:
``Sec. 424. Weighing of controlled substances mixed with food
products.''.
SEC. 4. APPLICABILITY TO PENDING AND PAST CASES.
(a) Pending Cases.--This Act, and the amendments made by this Act,
shall apply to any offense that was committed before the date of
enactment of this Act, if a sentence for the offense has not been
imposed as of such date of enactment.
(b) Past Cases.--In the case of a defendant who, before the date of
enactment of this Act, was convicted of an offense for which the
penalty is amended by this Act and was sentenced to a term of
imprisonment for the offense, the sentencing court may, on motion of
the defendant or the Director of the Bureau of Prisons, or on its own
motion, reduce the term of imprisonment for the offense, after
considering the factors set forth in section 3553(a) of title 18,
United States Code, to the extent the factors are applicable, if such a
reduction is consistent with--
(1) this Act and the amendments made by this Act; and
(2) applicable policy statements issued by the United
States Sentencing Commission.
SEC. 5. EMERGENCY AUTHORITY FOR UNITED STATES SENTENCING COMMISSION.
(a) Review and Amendment.--As soon as practicable after the date of
enactment of this Act, the United States Sentencing Commission,
pursuant to its authority under section 994 of title 28, United States
Code, shall review and, if appropriate, amend the Federal sentencing
guidelines and policy statements applicable to any person convicted of
an offense affected by section 2, 3, or 4.
(b) Authorization.--In carrying out subsection (a), the Commission
may amend the Federal sentencing guidelines in accordance with the
procedures set forth in section 21(a) of the Sentencing Act of 1987 (28
U.S.C. 994 note) as though the authority under that section had not
expired.
SEC. 6. ESTABLISHMENT OF THE SAFE NEIGHBORHOODS AND SCHOOLS FUND.
(a) Establishment.--A fund to be known as the ``Safe Neighborhoods
and Schools Fund'' is hereby created within the Department of Justice
and is continuously appropriated without regard to fiscal year for
carrying out the purposes of this chapter. For purposes of the
calculations required, funds transferred to the Safe Neighborhoods and
Schools Fund shall be considered general fund revenues which may be
appropriated pursuant to Article I.
(b) Funding Appropriation.--
(1) In general.--On or before July 31, 2016, and on or
before July 31 of each fiscal year thereafter, the Department
of Justice shall calculate the savings that accrued from the
implementation of the act adding this chapter (``this act'')
during the fiscal year ending June 30, as compared to the
fiscal year preceding the enactment of this act. In making the
calculation required by this subdivision, the Department shall
use actual data or best available estimates where actual data
is not available. The calculation shall be final and shall not
be adjusted for any subsequent changes in the underlying data.
The Department of Justice shall certify the results of the
calculation to Congress no later than August 1 of each fiscal
year.
(2) Transfer of funds.--Before August 15, 2016, and before
August 15 of each fiscal year thereafter, the Department shall
transfer from the General Fund to the Safe Neighborhoods and
Schools Fund the total amount calculated. Funds transferred to
the Safe Neighborhoods and Schools Fund shall be used
exclusively for the purposes of this act and shall not be
subject to appropriation or transfer by the Legislature for any
other purpose. The funds in the Safe Neighborhoods and Schools
Fund may be used without regard to fiscal year.
(c) Distribution of Moneys From the Safe Neighborhoods and Schools
Fund.--
(1) In general.--By August 15 of each fiscal year beginning
in 2016, the Controller shall disburse moneys deposited in the
Safe Neighborhoods and Schools Fund as follows:
(A) Fifteen percent to the Department of Education,
to administer a grant program to public agencies aimed
at improving outcomes for public school pupils in
kindergarten and grades 1 to 12, inclusive, by reducing
truancy and supporting students who are at risk of
dropping out of school or are victims of crime.
(B) Ten percent to the Federal Crime Victim
Assistance Fund, to make grants to trauma recovery
centers to provide services to victims of crime
pursuant to 42 U.S. 112.
(C) Twenty-five percent to Federal Reentry/Drug
Court programs operated by the U.S. District Courts,
U.S. Probation Office, Federal Public Defender and U.S.
Attorney's Office to administer a grant program to
public agencies aimed at supporting mental health
treatment, substance abuse treatment, and diversion
programs for people in the criminal justice system,
with an emphasis on programs that reduce recidivism of
people convicted of less serious crimes, such as those
covered by this measure, and those who have substance
abuse and mental health problems.
(D) Fifty percent to the General Treasury in order
to pay down the national debt.
(2) Limitation.--For each program set forth in paragraphs
(1) to (3), inclusive, of subdivision (a), the agency
responsible for administering the programs shall not spend more
than 5 percent of the total funds it receives from the Safe
Neighborhoods and Schools Fund on an annual basis for
administrative costs.
(3) Audit.--Every two years, the Department of Justice
shall conduct an audit of the grant programs operated by the
agencies specified in paragraphs (1) to (3), inclusive, of
subdivision (a) to ensure the funds are disbursed and expended
solely according to this chapter and shall report his or her
findings to the relevant Congressional committees.
(4) Costs of program.--Any costs incurred by the Department
of Justice in connection with the administration of the Safe
Neighborhoods and Schools Fund, including the costs of the
calculation and the audit required, shall be deducted from the
Safe Neighborhoods and Schools Fund before the funds are
disbursed pursuant to subdivision (a). The funding established
pursuant to this act shall be used to expand programs for
public school pupils in kindergarten and grades 1 to 12,
inclusive, victims of crime, and mental health and substance
abuse treatment and diversion programs for people in the
criminal justice system. These funds shall not be used to
supplant existing State or local funds utilized for these
purposes.
(5) Prohibition.--Agencies shall not be obligated to
provide programs or levels of service described in this chapter
above the level for which funding has been provided. | Reclassification to Ensure Smarter and Equal Treatment Act of 2015 or the RESET Act Amends the Controlled Substances Act (CSA) to reduce penalties (to not greater than a one-year term of imprisonment and/or a $1,000 fine) for simple possession of a controlled substance by a person who has one or more prior convictions for a controlled substance offense. Repeals a provision providing for up to three years' imprisonment for the possession of flunitrazepam. Revises penalties for possession of drugs classified as date rape drugs after a prior drug-related conviction. Reduces the maximum term of imprisonment (to one year) for the sale, use of the mails to transport, or importation or exportation of drug paraphernalia. Eliminates provisions of the CSA and the Controlled Substances Import and Export Act that apply the same penalties applicable to offenses involving a specified amount of a substance containing cocaine to offenses involving a lesser amount of a substance containing cocaine base. Amends the CSA to provide that in determining the weight of a controlled substance or mixture of controlled substances that is in a compound with a food product for purposes of provisions concerning controlled substance offenses, the weight of the food product shall not be included. Makes this Act applicable to any offense committed before its enactment, if a sentence for the offense has not been imposed as of such enactment date. Provides for the reduction of the term of imprisonment of a defendant who was convicted and sentenced before such date for an offense for which the penalty is amended by this Act. Directs the Sentencing Commission to review and, if appropriate, amend the federal sentencing guidelines and policy statements applicable to any person convicted of an offense affected by this Act. Establishes within the Department of Justice the Safe Neighborhoods and Schools Fund, which (subject to specified limitations) shall be disbursed as follows by August 15 of each fiscal year beginning in 2016: 15% to the Department of Education to administer a grant program to public agencies aimed at improving outcomes for public school pupils in kindergarten and grades 1 to 12 by reducing truancy and supporting students who are at risk of dropping out or are victims of crime; 10% to the Federal Crime Victim Assistance Fund to make grants to trauma recovery centers to provide services to victims of crime; 25% to Federal Reentry/Drug Court programs to administer a grant program to public agencies aimed at supporting mental health treatment, substance abuse treatment, and diversion programs for people in the criminal justice system; and 50% to the General Treasury in order to pay down the national debt. | {"src": "billsum_train", "title": "RESET Act"} | 2,369 | 580 | 0.502373 | 1.618758 | 0.630836 | 4.103093 | 4.214433 | 0.882474 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Drug Overdose Reduction Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Centers for Disease Control and Prevention reports
that 28,723 deaths in the United States in 2003 were
attributable to drug-induced causes.
(2) Deaths resulting from drug overdoses have increased 540
percent between 1980 and 1999.
(3) According to the Federal Drug Abuse Warning Network,
most drug-induced deaths involve multiple drugs.
(4) An increase in the number of deaths attributable to
heroin mixed with fentanyl, a narcotic considered 50 to 100
times more potent than morphine, has been documented in 2005
and 2006.
(5) An estimated 3,000,000 individuals in the United States
have serious drug problems.
(6) The damage caused by drug use is not limited to drug
abusers. The collateral damage from drug use is enormous, and
drug abuse costs society over $60,000,000,000 in social costs
and lost productivity.
(7) Community-based programs working with high-risk
populations have successfully prevented deaths from drug
overdoses through education and access to effective reversal
agents, such as naloxone.
SEC. 3. DEFINITIONS.
In this Act:
(1) Controlled substance.--The term ``controlled
substance'' has the meaning given the term in section 102 of
the Controlled Substances Act (21 U.S.C. 802).
(2) Director.--The term ``Director'' means the Director of
the Centers for Disease Control and Prevention.
(3) Drug.--The term ``drug'' has the meaning given the term
in section 201 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321)).
(4) Eligible entity.--The term ``eligible entity'' means an
entity that is a State, local, or tribal government, or a
private nonprofit organization.
SEC. 4. OVERDOSE PREVENTION GRANT PROGRAM.
(a) Program Authorized.--From amounts appropriated under this
section for a fiscal year, the Director shall award grants or
cooperative agreements to eligible entities to enable the eligible
entities to reduce deaths occurring from overdoses of drugs or
controlled substances.
(b) Application.--
(1) In general.--An eligible entity desiring a grant or
cooperative agreement under this section shall submit to the
Director an application at such time, in such manner, and
containing such information as the Director may require.
(2) Contents.--The application described in paragraph (1)
shall include--
(A) a description of the activities the eligible
entity will carry out if the entity receives funds
under this section;
(B) a demonstration that the eligible entity has
the capacity to carry out the activities described in
subparagraph (A); and
(C) a certification that the eligible entity meets
all State licensure or certification requirements
necessary to carry out the activities.
(c) Priority.--In awarding grants or cooperative agreements under
subsection (a), the Director shall give priority to eligible entities
that are public health agencies or community-based organizations and
that have expertise in preventing deaths occurring from overdoses of
drugs or controlled substances in populations at high risk of such
deaths.
(d) Eligible Activities.--An eligible entity receiving a grant or
cooperative agreement under this section shall carry out 1 or more of
the following activities:
(1) Training first responders, people affected by drug
abuse, and law enforcement and corrections officials on the
effective response to individuals who have overdosed on drugs
or controlled substances.
(2) Implementing programs to provide overdose prevention,
recognition, treatment, or response to individuals in need of
such services.
(3) Evaluating, expanding, or replicating a program
described in paragraph (1) or (2) that exists as of the date
the application is submitted.
(e) Report.--Not later than 90 days after the last day of the grant
or cooperative agreement period, each eligible entity receiving a grant
or cooperative agreement under this section shall prepare and submit a
report to the Director describing the results of the program supported
under this section.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $25,000,000 for each of the
fiscal years 2007 and 2008, and such sums as may be necessary for each
of the fiscal years 2009 through 2011.
SEC. 5. REDUCING OVERDOSE DEATHS.
(a) Data Collection.--The Director shall annually compile and
publish data on the deaths occurring from overdoses of drugs or
controlled substances for the preceding year.
(b) Plan to Reduce Overdose Deaths.--Not later than 180 days after
the date of enactment of this Act, the Director shall develop a plan to
reduce the number of deaths occurring from overdoses of drugs or
controlled substances and shall submit the plan to Congress. The plan
shall include--
(1) an identification of the barriers to obtaining accurate
data regarding the number of deaths occurring from overdoses of
drugs or controlled substances;
(2) an identification of the barriers to implementing more
effective overdose prevention strategies; and
(3) recommendations for such legislative or administrative
action that the Director considers appropriate. | Drug Overdose Reduction Act - Requires the Director of the Centers for Disease Control and Prevention (CDC) to award grants or cooperative agreements to enable public health agencies or community-based organizations to reduce deaths occurring from overdoses of drugs or controlled substances, including by: (1) providing training on the effective response to individuals who have overdosed; or (2) providing overdose prevention, recognition, treatment, or response to individuals in need of such services.
Requires the Director to: (1) annually compile and publish data on the deaths occurring from overdoses of drugs or controlled substances for the preceding year; and (2) develop a plan to reduce the number of such deaths. | {"src": "billsum_train", "title": "A bill to reduce deaths occurring from overdoses of drugs or controlled substances."} | 1,131 | 144 | 0.555999 | 1.510101 | 0.672557 | 5.30303 | 7.992424 | 0.954545 |
SECTION 1. REPEAL OF THE PROGRAM OF BLOCK GRANTS TO STATES FOR SOCIAL
SERVICES.
(a) Repeals.--Sections 2001 through 2007 of the Social Security Act
(42 U.S.C. 1397-1397f) are repealed.
(b) Conforming Amendments.--
(1) Section 404(d) of the Social Security Act (42 U.S.C.
604(d)) is amended--
(A) in paragraph (1), by striking ``any or all of
the following provisions of law:'' and all that follows
through ``The'' and inserting ``the'';
(B) in paragraph (3)--
(i) by striking ``rules'' and all that
follows through ``any amount'' and inserting
``rules.--Any amount'';
(ii) by striking ``a provision of law
specified in paragraph (1)'' and inserting
``the Child Care and Development Block Grant
Act of 1990''; and
(iii) by striking subparagraph (B); and
(C) by striking paragraph (2) and redesignating
paragraph (3) as paragraph (2).
(2) Section 422(b) of the Social Security Act (42 U.S.C.
622(b)) is amended--
(A) in paragraph (1)(A)--
(i) by striking ``administers or
supervises'' and inserting ``administered or
supervised''; and
(ii) by striking ``subtitle 1 of title XX''
and inserting ``subtitle A of title XX (as in
effect before the repeal of such subtitle)'';
and
(B) in paragraph (2), by striking ``under subtitle
1 of title XX,''.
(3) Section 471(a) of the Social Security Act (42 U.S.C.
671(a)) is amended--
(A) in paragraph (4), by striking ``, under
subtitle 1 of title XX of this Act,''; and
(B) in paragraph (8), by striking ``XIX, or XX''
and inserting ``or XIX''.
(4) Section 472(h)(1) of the Social Security Act (42 U.S.C.
672(h)(1)) is amended by striking the 2nd sentence.
(5) Section 473(b) of the Social Security Act (42 U.S.C.
673(b)) is amended--
(A) in paragraph (1), by striking ``(3)'' and
inserting ``(2)'';
(B) in paragraph (4), by striking ``paragraphs (1)
and (2)'' and inserting ``paragraph (1)''; and
(C) by striking paragraph (2) and redesignating
paragraphs (3) and (4) as paragraphs (2) and (3),
respectively.
(6) Section 504(b)(6) of the Social Security Act (42 U.S.C.
704(b)(6)) is amended in each of subparagraphs (A) and (B) by
striking ``XIX, or XX'' and inserting ``or XIX''.
(7) Section 1101(a)(1) of the Social Security Act (42
U.S.C. 1301(a)(1)) is amended by striking the penultimate
sentence.
(8) Section 1128(h) of the Social Security Act (42 U.S.C.
1320a-7(h)) is amended--
(A) by adding ``or'' at the end of paragraph (2);
and
(B) by striking paragraph (3) and redesignating
paragraph (4) as paragraph (3).
(9) Section 1128A(i)(1) of the Social Security Act (42
U.S.C. 1320a-7a(i)(1)) is amended by striking ``or subtitle 1
of title XX''.
(10) Section 1132(a)(1) of the Social Security Act (42
U.S.C. 1320b-2(a)(1)) is amended by striking ``XIX, or XX'' and
inserting ``or XIX''.
(11) Section 1902(e)(13)(F)(iii) of the Social Security Act
(42 U.S.C. 1396a(e)(13)(F)(iii)) is amended--
(A) by striking ``Exclusions'' and inserting
``Exclusion''; and
(B) by striking ``an agency that determines
eligibility for a program established under the Social
Services Block Grant established under title XX or''.
(12) The headings for title XX and subtitle A of title XX
of the Social Security Act are each amended by striking ``BLOCK
GRANTS TO STATES FOR SOCIAL SERVICES'' and inserting ``HEALTH
PROFESSIONS DEMONSTRATIONS AND ENVIRONMENTAL HEALTH CONDITION
DETECTION''.
(13) Section 16(k)(5)(B)(i) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2025(k)(5)(B)(i)) is amended by striking ``,
or title XX,''.
(14) Section 402(b)(3) of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
1612(b)(3)) is amended by striking subparagraph (B) and
redesignating subparagraph (C) as subparagraph (B).
(15) Section 245A(h)(4)(I) of the Immigration Reform and
Control Act of 1986 (8 U.S.C. 1255a(h)(4)(I)) is amended by
striking ``, XVI, and XX'' and inserting ``and XVI''.
(16) Section 17 of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1766) is amended--
(A) in subsection (a)(2)--
(i) in subparagraph (B)--
(I) by striking ``--'' and all that
follows through ``(i)'';
(II) by striking ``or'' at the end
of clause (i); and
(III) by striking clause (ii); and
(ii) in subparagraph (D)(ii), by striking
``or title XX''; and
(B) in subsection (o)(2)(B)--
(i) by striking ``or title XX'' each place
it appears; and
(ii) by striking ``or XX''.
(17) Section 201(b) of the Indian Child Welfare Act of 1978
(25 U.S.C. 1931(b)) is amended by striking ``titles IV-B and
XX'' and inserting ``part B of title IV''.
(18) Section 3803(c)(2)(C) of title 31, United States Code,
is amended by striking clause (vi) and redesignating clauses
(vii) through (xvi) as clauses (vi) through (xv), respectively.
(19) Section 14502(d)(3) of title 40, United States Code,
is amended--
(A) by striking ``and title XX''; and
(B) by striking ``, 1397 et seq.''.
(20) Section 2006(a)(15) of the Public Health Service Act
(42 U.S.C. 300z-5(a)(15)) is amended by striking ``and title XX
of the Social Security Act''.
(21) Section 203(b)(3) of the Older Americans Act of 1965
(42 U.S.C. 3013(b)(3)) is amended by striking ``XIX, and XX''
and inserting ``and XIX''.
(22) Section 213 of the Older Americans Act of 1965 (42
U.S.C. 3020d) is amended by striking ``or title XX''.
(23) Section 306(d) of the Older Americans Act of 1965 (42
U.S.C. 3026(d)) is amended in each of paragraphs (1) and (2) by
striking ``titles XIX and XX'' and inserting ``title XIX''.
(24) Section 2605 of the Low-Income Home Energy Assistance
Act of 1981 (42 U.S.C. 8624) is amended in each of subsections
(b)(4) and (j) by striking ``under title XX of the Social
Security Act,''.
(25) Section 602 of the Child Development Associate
Scholarship Assistance Act of 1985 (42 U.S.C. 10901) is
repealed.
(26) Section 3(d)(1) of the Assisted Suicide Funding
Restriction Act of 1997 (42 U.S.C. 14402(d)(1)) is amended by
striking subparagraph (C) and redesignating subparagraphs (D)
through (K) as subparagraphs (C) through (J), respectively.
(c) Effective Date.--The repeals and amendments made by this
section shall take effect 60 days after the date of the enactment of
this Act. | Repeals the program of block grants to states for social services under title XX (Block Grants to States for Social Services) of the Social Security Act. | {"src": "billsum_train", "title": "To amend title XX of the Social Security Act to repeal the program of block grants to States for social services, and for other purposes."} | 2,108 | 36 | 0.544681 | 1.228646 | 0.339871 | 5.758621 | 56.862069 | 1 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Understanding the True Cost of
College Act of 2015''.
SEC. 2. INSTITUTION FINANCIAL AID OFFER FORM.
(a) Institution Financial Aid Offer Form.--Section 484 of the
Higher Education Opportunity Act (20 U.S.C. 1092 note) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Standard Format.--The Secretary of Education, in consultation
with the heads of relevant Federal agencies, shall develop a standard
format for financial aid offer forms based on recommendations from
representatives of students, students' families, institutions of higher
education, secondary school and postsecondary counselors, and nonprofit
consumer groups.'';
(2) by striking subsection (b) and inserting the following:
``(b) Key Required Contents for Offer Form.--The standard format
developed under subsection (a) shall include, in a consumer-friendly
manner that is simple and understandable, the following items clearly
separated from each other and listed on the first page of the financial
aid offer form in either electronic or written format:
``(1) Information on the student's cost of attendance,
which denotes figures that are estimates with a disclaimer that
actual costs may depend on decisions made by the student, based
on the most current costs for the academic period covered by
the financial aid offer form, including the following:
``(A) Tuition and fees, as determined under section
472 of the Higher Education Act of 1965 (20 U.S.C.
1087ll).
``(B) Room and board costs, as determined under
section 472 of the Higher Education Act of 1965 (20
U.S.C. 1087ll).
``(C) Books and supplies, as determined under
section 472 of the Higher Education Act of 1965 (20
U.S.C. 1087ll).
``(D) Transportation, as determined under section
472 of the Higher Education Act of 1965 (20 U.S.C.
1087ll).
``(E) Miscellaneous personal expenses, as
determined under section 472 of the Higher Education
Act of 1965 (20 U.S.C. 1087ll).
``(2) The amount of financial aid that the student does not
have to repay, such as scholarships, grant aid offered under
title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et
seq.), or grant aid offered by the institution, a State, or an
outside source to the student for such academic period,
including a disclosure that the financial aid does not have to
be repaid and whether the student can expect to receive similar
amounts of such financial aid for each academic period the
student is enrolled at the institution.
``(3) The net price that the student, or the student's
family on behalf of the student, is estimated to have to pay
for the student to attend the institution for such academic
period, with a disclaimer that actual costs for some items may
depend on decisions by the student, equal to--
``(A) the cost of attendance as described in
paragraph (1) for the student for such academic period,
minus
``(B) the amount of financial aid described in
paragraph (2) that is included in the financial aid
offer form.
``(4) Work study assistance, including a disclosure that
the aid must be earned by the student and a disclosure that the
assistance offered is subject to the availability of employment
opportunities.
``(5) The types and amounts of loans under part D or E of
title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a
et seq., 1087aa et seq.) that the institution recommends for
the student for such academic period, a disclosure that such
loans have to be repaid, a disclosure that the student can
borrow a lesser amount than the recommended loan amount, a
clear use of the word `loan' to describe the recommended loan
amounts, the interest rates, fees, the expected monthly
repayment amounts (assuming a 10-year repayment plan), the
total amount the student will pay over the life of the loans
(assuming a 10-year repayment plan), and a disclosure that the
student may be eligible for longer repayment terms, such as
extended or income-based plans, and that longer repayment terms
may result in the student paying more money over the life of
the loans.
``(6) Where a student or the student's family can seek
additional information regarding the financial aid offered,
including contact information for the institution's financial
aid office and the Department of Education's website on
financial aid.
``(7) A disclosure that Federal student loans offer
generally more favorable terms and beneficial repayment options
than private education loans so students should examine
available Federal student loan options before applying for
private education loans, and an explanation to be written by
the Secretary of Education, in consultation with the heads of
relevant Federal agencies, of the benefits unique to Federal
student loans, including various repayment plans, loan
forgiveness, and loan deferment, and the terms to examine
carefully if considering a private education loan.
``(8) The deadline and summary of the process, if any, for
accepting the financial aid offered in the financial aid offer
form.
``(9) The academic period covered by the financial aid
offer form and a clear indication whether the aid offered is
based on full-time or part-time enrollment.
``(10) With respect to institutions where more than 30
percent of enrolled students borrow loans to pay for their
education, the institution's most recent cohort default rate,
as defined in section 435(m) of the Higher Education Act of
1965 (20 U.S.C. 1085(m)), compared to the national average
cohort default rate.
``(11) Any other information the Secretary of Education, in
consultation with the heads of relevant Federal agencies,
determines necessary so that students and parents can make
informed loan borrowing decisions, including quality metrics
such as percentage of students at the institution who take out
student loans and average debt at graduation for students at
the institution.''; and
(3) by adding at the end the following:
``(c) Other Required Contents for the Offer Form.--The standard
format developed under subsection (a) shall also include the following
information to be included on the financial aid offer form in a concise
format determined by the Secretary of Education, in consultation with
the heads of relevant Federal agencies:
``(1) A concise summary of the terms and conditions of
financial aid recommended under paragraphs (2), (4), and (5) of
subsection (b), and a method to provide students with
additional information about such terms and conditions, such as
links to the supplementary information.
``(2) At the institution's discretion, additional options
for paying for the net amount listed in subsection (b)(3), such
as the amount recommended to be paid by the student or
student's family, Federal Direct PLUS Loans under section 455
of the Higher Education Act of 1965 (20 U.S.C. 1087e), or
private education loans. If the institution recommends private
education loans, as defined in section 140 of the Truth in
Lending Act (15 U.S.C. 1650), the financial aid offer form
shall contain the additional following disclosures on the offer
form:
``(A) The availability of, and the student's
potential eligibility for, Federal financial assistance
under title IV of the Higher Education Act of 1965 (20
U.S.C. 1070 et seq.).
``(B) The impact of a proposed private education
loan on the student's potential eligibility for other
financial assistance, including Federal financial
assistance under title IV of the Higher Education Act
of 1965 (20 U.S.C. 1070 et seq.).
``(C) The student's ability to select a private
educational lender of the student's choice.
``(D) The student's right to accept or reject a
private education loan within the 30-day period
following a private educational lender's approval of a
student's application and a student's 3-day right-to-
cancel period.
``(E) With respect to dependent students, any
reference to private education loans shall be
accompanied by information about the recommended family
contribution and the availability of, and terms and
conditions associated with, Federal Direct PLUS Loans
under section 455 of the Higher Education Act of 1965
(20 U.S.C. 1087e) for the student's parents regardless
of family income, and of the student's increased
eligibility for Federal student loans under title IV of
the Higher Education Act of 1965 (20 U.S.C. 1070 et
seq.) if the student's parents are not able to borrow
under the Federal Direct PLUS Loan program.
``(3) The following disclosures:
``(A) That the financial aid offer form only
contains information for 1 academic period and the
financial aid offered in following academic periods may
change, unless the institution is offering aid that
covers multiple academic periods.
``(B) How non-institutional scholarships awarded to
the student affect the financial aid package offered to
the student.
``(C) A concise summary of any Federal or
institutional conditions required to receive and renew
financial aid and a method to provide students with
additional information about these conditions, such as
links to the supplementary information.
``(d) Additional Requirements for Financial Aid Offer Form.--In
addition to the requirements listed under subsections (b) and (c), the
financial aid offer form shall meet the following requirements:
``(1) Clearly distinguish between the aid offered in
paragraphs (2), (4), and (5) of subsection (b), by including a
subtotal for the aid offered in each of such paragraphs and by
refraining from commingling the different types of aid
described in such paragraphs.
``(2) Use standard definitions and names for the terms
described in subsection (b) that are developed by the Secretary
of Education in consultation with the heads of relevant Federal
agencies, representatives of institutions of higher education,
nonprofit consumer groups, students, and secondary school and
higher education guidance counselors, not later than 3 months
after the date of enactment of the Understanding the True Cost
of College Act of 2015.
``(3) If an institution's recommended Federal student loan
aid offered in subsection (b)(5) is less than the Federal
maximum available to the student, the institution shall provide
additional information on Federal student loans, including the
types and amounts for which the student is eligible in an
attached document or webpage.
``(4) Use standard formatting and design that the Secretary
of Education, in consultation with the heads of relevant
Federal agencies, representatives of institutions of higher
education, nonprofit consumer groups, students, and secondary
school and higher education guidance counselors determine is
appropriate to produce multiple draft financial aid offer
designs for consumer testing not later than 3 months after the
date of enactment of the Understanding the True Cost of College
Act of 2015 to ensure--
``(A) that figures described in paragraphs (1)
through (5) of subsection (b) are in the same font,
appear in the same order, and are displayed prominently
on the first page of the financial aid offer form
whether produced in written or electronic format; and
``(B) that the other information required in (b)
and (c) appears in a standard format and design on the
financial aid offer form.
``(5) Include an attestation that the student has accessed
and read the financial aid offer form, if provided to the
student in electronic format.
``(6) Include language developed by the Secretary of
Education, in consultation with the heads of relevant Federal
agencies, notifying eligible students that they may be eligible
for education benefits, and where they can locate more
information about such benefits, described in the following
provisions:
``(A) Chapter 30, 31, 32, 33, 34, or 35 of title
38, United States Code.
``(B) Chapter 101, 105, 106A, 1606, 1607, or 1608
of title 10, United States Code.
``(C) Section 1784a, 2005, or 2007 of title 10,
United States Code.
``(e) Additional Information.--Nothing in this section shall
preclude an institution from supplementing the financial aid offer form
with additional information so long as such additional information
supplements the financial aid offer form and is not located on the
financial aid offer form.
``(f) Consumer Testing.--
``(1) In general.--Not later than 3 months after the date
of enactment of the Understanding the True Cost of College Act
of 2015, the Secretary of Education, in consultation with the
heads of relevant Federal agencies, shall establish a process
to submit the financial aid offer form developed under this
section for consumer testing among representatives of students
(including low-income students, first generation college
students, adult students, and prospective students), students'
families (including low-income families, families with first
generation college students, and families with prospective
students), institutions of higher education, secondary school
and postsecondary counselors, and nonprofit consumer groups.
``(2) Length of consumer testing.--The Secretary of
Education shall ensure that the consumer testing lasts no
longer than 6 months after the process for consumer testing is
developed under paragraph (1).
``(3) Use of results.--The results of consumer testing
under paragraph (1) shall be used in the final development of
the financial aid offer form.
``(4) Reporting requirement.--Not later than 3 months after
the date the consumer testing under paragraph (1) concludes,
the Secretary of Education shall submit to Congress the final
standard financial aid offer form and a report detailing the
results of such testing, including whether the Secretary added
any additional items to the standard financial aid offer form
pursuant to subsection (b)(10).
``(5) Authority to modify.--The Secretary of Education may
modify the definitions, terms, formatting, and design of the
financial aid offer form based on the results of consumer
testing required under this subsection and before finalizing
the form.''.
(b) Mandatory Form.--Part B of title I of the Higher Education Act
of 1965 (20 U.S.C. 1011 et seq.) is amended by adding at the end the
following:
``SEC. 124. USE OF MANDATORY FINANCIAL AID OFFER FORM.
``(a) In General.--Notwithstanding any other provision of law, each
institution of higher education that receives Federal financial
assistance under this Act shall use the financial aid offer form
developed under section 484 of the Higher Education Opportunity Act (20
U.S.C. 1092 note) in providing written or electronic financial aid
offers to students enrolled in, or accepted for enrollment in, the
institution.
``(b) Effective Date.--The requirement under subsection (a) shall
take effect 8 months after the Secretary of Education finalizes the
offer form developed under section 484(a) of the Higher Education
Opportunity Act (20 U.S.C. 1092 note).''. | Understanding the True Cost of College Act of 2015 This bill amends the Higher Education Opportunity Act and the Higher Education Act of 1965 to require institutions of higher education to use a standardized financial aid offer form that meets specified requirements. The Department of Education (ED) must develop a standard format for financial aid offer forms based on recommendations from representatives of students, students' families, institutions of higher education, secondary school and postsecondary counselors, and nonprofit consumer groups. The form must include specified details and disclosures regarding: the cost of attendance; aid that does not need to be repaid; the net price that a student or family is estimated to pay; work study assistance; types and amounts of loans, including monthly repayment amounts; sources for additional information; deadlines and the process for accepting financial aid; the academic period covered by the aid; default rates; private loans; scholarships; and the terms and conditions of federal financial aid. ED must: (1) test the form with representatives of students, students' families, institutions of higher education, secondary school and postsecondary counselors, and nonprofit consumer groups; and (2) use the results to develop the final form. Each institution of higher education that receives federal financial assistance under the Higher Education Act of 1965 must use the standard form when offering financial aid to students. | {"src": "billsum_train", "title": "Understanding the True Cost of College Act of 2015"} | 3,199 | 271 | 0.568827 | 1.751622 | 0.811028 | 4.158088 | 11.647059 | 0.886029 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Our Children From
Violence Act of 2002''.
SEC. 2. ASSAULT AND MAIMING.
(a) In General.--Chapter 7 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 117. Assault against a child
``(a) Whoever, in a circumstance described in subsection (c)
commits an assault upon, or maims, an individual who has not attained
the age of 18 years shall be punished as provided in subsection (b).
``(b) The punishment for an offense under subsection (a) is as
follows:
``(A) Assault with the intent to commit murder of a child,
by imprisonment not more than 35 years.
``(B) Assault that consists of conduct that would be an
offense under section 114 if the conduct occurred in the
special maritime and territorial jurisdiction of the United
States, by a fine under this title or imprisonment for not more
than 30 years, or both.
``(C) Assault with intent to commit any felony against a
child, except murder or a felony under chapter 109A, by a fine
under this title or imprisonment for not more than 15 years, or
both.
``(D) Assault with a dangerous weapon against a child, with
intent to do bodily harm, and without just cause or excuse, by
a fine under this title or imprisonment for not more than 15
years, or both.
``(E) Assault by striking, beating, or wounding a child, by
a fine under this title or imprisonment of not more than 2
years, or both.
``(F) Simple assault against a child, by a fine under this
title or imprisonment for not more than 6 months, or both, or
if the perpetrator of the assault is an individual who has not
attained the age of 16 years, by fine under this title or
imprisonment of not more than 1 year, or both.
``(G) Assault resulting in serious bodily injury of a
child, by a fine under this title or imprisonment for not more
than 15, or both.
``(c) The circumstances referred to in subsection (a) are any of
the following:
``(1) The conduct constituting the offense occurs within
the special maritime and territorial jurisdiction of the United
States, or in interstate or foreign commerce.
``(2) The person engaging in the conduct constituting the
offense--
``(A) travels in interstate or foreign commerce
with the intent to commit the offense;
``(B) transports a child in interstate or foreign
commerce; or
``(C) crosses a State line, with the intent to
commit the offense.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 7 of title 18, United States Code, is amended by adding at the
end the following new item:
``117. Assault against a child.''.
SEC. 3. KIDNAPPING.
(a) Custodial Kidnapping.--Section 1201 of title 18, United States
Code, is amended by adding at the end the following new subsection:
``(i) Whoever, being a parent of a minor, unlawfully seizes,
confines, inveigles, decoys, kidnaps, abducts, or carries away and
holds for ransom or reward or otherwise, that minor, shall be fined
under this title or imprisoned not more than one year, or both, but in
the case of a second or subsequent offense shall be fined under this
title or imprisoned not more than 10 years, or both.''.
(b) Additional Bases for Federal Prosecution.--Section 1201(a) of
title 18, United States Code, is amended--
(1) by striking ``or'' at the end of paragraph (4);
(2) by inserting ``or'' at the end of paragraph (5); and
(3) by inserting after pargraph (5) the following:
``(6) the defendant travelled in interstate or foreign
commerce with the intent to commit the offense;''.
SEC. 4. MURDER.
(a) In General.--Chapter 51 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1123. Murder of children
``(a) Whoever, in a circumstance described in subsection (c), kills
or attempts to kill an individual who has not attained the age of 18
years shall be punished as provided in subsection (b).
``(b) The punishment for an offense under subsection (a) is as
follows:
``(1) If the killing is murder, the punishment provided for
murder in section 1111.
``(2) If the killing is voluntary manslaughter, a fine
under this title or imprisonment not more than 20 years, or
both.
``(3) If the killing is involuntary manslaughter, a fine
under this title or imprisonment not more than 12 years, or
both.
``(4) If the offense consists of an attempted murder or
manslaughter, a fine under this title or imprisonment not more
than 10 years, or both.
``(c) The circumstances referred to in subsection (a) are any of
the following:
``(1) The offense occurs in the special maritime and
territorial jurisdiction of the United States or in interstate
or foreign commerce.
``(2) The defendant travels in interstate or foreign
commerce with intent to commit the offense.
``(3) The child is transported in interstate or foreign
commerce in connection with the offense.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 51 of title 18, United States Code, is amended by adding at the
end the following new item:
``1123. Murder of children.''.
SEC. 5. CIVIL ACTION.
A victim of an offense under section 117, 1201(i), 1123, 2241(c),
or 2243(a) of title 18, United States Code, or a parent on behalf of
that victim, may in a civil action against the offender, obtain
appropriate relief, including actual and punitive damages, and a
reasonable attorney's fee as part of the costs.
SEC. 6. STATE AND LOCAL NOTIFICATION IN CHILD PORNOGRAPHY CASES.
Section 227(b)(1) of Public Law 101-647 (42 U.S.C. 13032(b)(1)) is
amended by adding at the end the following: ``The Center may also
forward that report to any State or local law enforcement agency the
Center determines appropriate.''.
SEC. 7. AMBER ALERT COORDINATION.
(a) Coordinator.--The Attorney General shall establish an AMBER
Alert Coordinator position (referred to in this section as ``the
Coordinator''). The Coordinator shall--
(1) establish, with the assistance of the National Center
for Missing and Exploited Children and the Federal
Communications Commission, guidelines for implementing a
statewide Amber Alert plan not later than 60 days after the
date of enactment of this Act;
(2) provide technical assistance to the States,
broadcasters, and law enforcement agencies in implementing
AMBER Alert plans;
(3) certify, not later than 90 days after a certification
request is received, to the Secretary of Transportation any
State that--
(A) has established or agrees to establish a
statewide AMBER Alert plan not later than 1 year after
receiving a grant under section 3;
(B) agrees to establish a reciprocal arrangement
with other States, including sharing of information
regarding the initiation of an AMBER Alert; and
(C) is in compliance with the guidelines
established pursuant to paragraph (1);
(4) deny certification, not later than 90 days after a
certification request is received and provide notification of
such denial to the Secretary of Transportation, to any State
that fails to comply with the certification requirements
described in paragraph (3);
(5) monitor compliance and revoke certification of any
State that fails to establish an AMBER Alert plan in accordance
with the 1-year period referred to in paragraph (3)(A) and
provide notification of such revocation to the State and the
Secretary of Transportation;
(b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $500,000 for fiscal year 2003
and such sums as may be necessary for fiscal years 2004 through 2007.
Such sums shall remain available until expended.
SEC. 8. GRANT PROGRAM.
(a) Findings.--The Congress finds and declares that--
(1) every year over 725,000 children are reported missing
to local, State, and Federal authorities--that is over 2,000
per day;
(2) in 2002 there have been countless reports of children
being abducted either form their homes or in front of their
homes and then later killed;
(3) one of the fundamental purposes of government is to
protect its people--especially its children; and
(4) it is in the best interest of our Nation to ensure that
law enforcement officials and prosecutors have the tools they
need in order to ensure the safety of our children.
(b) In General.--The Secretary of Transportation shall make grants
to States to develop, acquire, install, and construct facilities and
equipment along highways to notify the public of missing children
(including a description of such children), information regarding any
abductor of such children, and other relevant information.
(c) Application.--In order to be eligible to receive a grant under
this section, a State shall--
(1) adhere to the requirements of this section;
(2) apply to the Coordinator appointed under section 2 for
certification--
(A) in 2003, not later than March 1; and
(B) in subsequent years, not later than January 1
of the year in which the State expects to receive
funds; and
(3) include a projection of costs to implement subsection
(a).
(d) Federal Share.--The Federal share of the cost of a project for
which a grant is made to a State under this section in a fiscal year
shall not exceed 50 percent.
(e) Apportionment of Funds.--Amounts appropriated to carry out this
section shall be apportioned in equal shares to each State that meets
the requirements of this Act.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $99,500,000 for fiscal year 2003
and such sums as may be necessary for each of fiscal years 2004 through
2007. Such sums shall remain available until expended.
SEC. 9. DEFINITIONS.
In sections 9 and 10, the following definitions apply:
(1) Amber alert.--The term ``AMBER Alert'' (America's
Missing: Broadcast Emergency Response Alert) means a voluntary
partnership between law enforcement agencies and broadcasters
to activate an urgent bulletin in serious child abduction
cases. Broadcasters use the Emergency Alert System (EAS),
formerly referred to as the Emergency Broadcast System, to air
a description of the missing child and suspected abductor and
any other relevant information.
(2) State.--The term ``State'' means each of the 50 States
and the District of Columbia.
SEC. 10. NATIONAL CRIMES AGAINST CHILDREN RESPONSE CENTER.
(a) In General.--Chapter 33 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 540A. National Crimes Against Children Response Center
``(a) Establishment.--There is established within the Federal
Bureau of Investigation a National Crimes Against Children Response
Center (referred to in this section as the `Center').
``(b) Mission.--The mission of the Center is to develop a national
response plan model that--
``(1) provides a comprehensive, rapid response plan to
report crimes involving the victimization of children; and
``(2) protects children from future crimes.
``(c) Duties.--To carry out the mission described in subsection
(b), the Director of the Federal Bureau of Investigation shall--
``(1) consult with the Deputy Assistant Attorney General
for the Crimes Against Children Office and other child crime
coordinators within the Department of Justice;
``(2) consolidate units within the Federal Bureau of
Investigation that investigate crimes against children,
including abductions, abuse, and sexual exploitation offenses;
``(3) develop a comprehensive, rapid response plan for
crimes involving children that incorporates resources and
expertise from Federal, State, and local law enforcement
agencies and child services professionals;
``(4) develop a national strategy to prevent crimes against
children that shall include a plan to rescue children who are
identified in child pornography images as victims of abuse;
``(5) create regional rapid response teams composed of
Federal, State, and local prosecutors, investigators, victim
witness specialists, mental health professionals, and other
child services professionals;
``(6) implement an advanced training program that will
enhance the ability of Federal, State, and local entities to
respond to reported crimes against children and protect
children from future crimes; and
``(7) conduct outreach efforts to raise awareness and
educate communities about crimes against children.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated for the Federal Bureau of Investigation such sums as
necessary for fiscal year 2003 to carry out this section.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 33 of title 28, United States Code, is amended by adding at the
end the following:
``540A. National Crimes Against Children Response Center.''.
SEC. 11. INCREASE OF STATUTE OF LIMITATIONS FOR CHILD ABUSE OFFENSES.
Section 3283 of title 18, United States Code, is amended by
striking ``25 years'' and inserting ``35 years''.
SEC. 12. ADMISSIBILITY OF SIMILAR CRIME EVIDENCE IN CHILD MOLESTATION
CASES.
Rule 414 of the Federal Rules of Evidence is amended--
(1) in subsection (a), by inserting ``or possession of
sexually explicit materials containing apparent minors'' after
``or offenses of child molestation''; and
(2) in subsection (d), by striking ``fourteen'' and
inserting ``18''.
SEC. 13. MARITAL COMMUNICATION AND ADVERSE SPOUSAL PRIVILEGE.
(a) In General.--Chapter 119 of title 28, United States Code, is
amended by inserting after section 1826 the following:
``Sec. 1826A. Marital communications and adverse spousal privilege
``The confidential marital communication privilege and the adverse
spousal privilege shall be inapplicable in any Federal proceeding in
which a spouse is charged with a crime against--
``(1) a child of either spouse; or
``(2) a child under the custody or control of either
spouse.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 119 of title 28, United States Code, is amended by inserting
after the item relating to section 1826 the following:
``1826A. Marital communications and adverse spousal privilege.''.
SEC. 14. INCREASE OF MAXIMUM PENALTIES FOR SEX OFFENSES.
Title 18, United States Code, is amended--
(1) in section 1591(b)(2), by striking ``20 years'' and
inserting ``40 years'';
(2) in section 2421, by striking ``10 years'' and inserting
``20 years'';
(3) in section 2422--
(A) in subsection (a), by striking ``10 years'' and
inserting ``20 years''; and
(B) in subsection (b), by striking ``15 years'' and
inserting ``30 years'';
(4) in section 2423--
(A) in subsection (a), by striking ``15 years'' and
inserting ``30 years''; and
(B) in subsection (b), by striking ``15 years'' and
inserting ``30 years''; and
(5) in section 2425, by striking ``5 years'' and inserting
``10 years''.
SEC. 15. DEPUTY ASSISTANT ATTORNEY GENERAL FOR CRIMES AGAINST CHILDREN.
(a) Establishment of Position.--
(1) In general.--Chapter 31 of title 28, United States
Code, is amended by inserting after section 507 the following:
``Sec. 507A. Deputy Assistant Attorney General for Crimes Against
Children
``(a) The Attorney General shall appoint a Deputy Assistant
Attorney General for Crimes Against Children.
``(b) The Deputy Assistant Attorney General shall be the head of
the Crimes Against Children Section (CACS) of the Department of
Justice.
``(c) The duties of the Deputy Assistant Attorney General shall
include the following:
``(1) To prosecute cases involving crimes against children.
``(2) To advise Federal prosecutors and law enforcement
personnel regarding crimes against children.
``(3) To provide guidance and assistance to Federal, State,
and local law enforcement agencies and personnel, and
appropriate foreign entities, regarding responses to crimes
against children.
``(4) To propose and comment upon legislation concerning
crimes against children.
``(5) Such other duties as the Attorney General may
require, including duties carried out by the head of the Child
Exploitation and Obscenity Section and the Terrorism and
Violent Crime Section of the Department of Justice.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 31 of title 28, United States Code, is
amended by inserting after the item relating to section 507 the
following:
``507A. Deputy Assistant Attorney General for Crimes Against
Children.''.
(b) Authorization of Appropriations for CACS.--There is authorized
to be appropriated for the Department of Justice for fiscal year 2003,
such sums as necessary to carry out this section. | Protecting Our Children From Violence Act of 2002 - Amends the Federal criminal code to set forth criminal penalties for the: (1) assault or maiming of an individual under 18 years of age (minor); (2) custodial (parental) kidnaping of a minor; and (3) murder or attempted murder of a minor. Provides a civil action for the relief of a victim or of a parent on behalf of a victim.Authorizes the National Center for Missing and Exploited Children to forward to local law enforcement agencies any electronic reports received concerning possible violations of child pornography laws.Requires the Attorney General to establish an AMBER (America's Missing: Broadcast Emergency Response) Alert Coordinator position.Directs the Secretary of Transportation to make grants to States for developing and constructing along highways facilities and equipment designed to notify the public of missing children.Establishes within the Federal Bureau of Investigation a National Crimes Against Children Response Center to: (1) develop a national response plan model for reporting crimes involving the victimization of children; and (2) protect children from future crimes.Increases from 25 to 35 years the statute of limitations for child abuse offenses. Makes the confidential marital communication privilege and adverse spousal privilege inapplicable to Federal proceedings where a spouse is charged with a crime against a child of either spouse or against a child under the custody or control of either spouse. Increases penalties for sex offenses.Directs the Attorney General to appoint a Deputy Assistant Attorney General for Crimes Against Children. | {"src": "billsum_train", "title": "To protect our children from violence."} | 4,029 | 350 | 0.366872 | 1.114676 | 0.587089 | 3.328622 | 13.137809 | 0.911661 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safety, Accountability, and Funding
Efficiency for Transportation Act of 2007''.
SEC. 2. FINDINGS.
Congress finds that--
(1) to ensure that taxpayers receive safe, high quality
transportation services at the best possible price, a
government agency carrying out a surface transportation project
should conduct a cost-benefit analysis before procuring
architectural, engineering, and related services from a private
contractor; and
(2) by conducting the cost-benefit analysis, a government
agency will be able to determine if it is cost effective and in
the public interest to use a private contractor or government
employees in procuring such services.
SEC. 3. DEFINITIONS.
In this Act, the following definitions apply:
(1) Architectural, engineering, and related services.--The
term ``architectural, engineering, and related services'' means
architectural, landscape architectural, environmental,
engineering, land surveying, construction project management,
and construction inspection services and services related to
permitting and environmental studies, the preparation of plans,
specifications, and estimates, and the acquisition of rights-
of-way.
(2) Private contract.--The term ``private contract'' means
an agreement between a government agency and a private
contractor.
(3) Government agency.--The term ``government agency''
means a State, local, regional, interregional, or other
governmental entity that receives Federal funds to carry out
surface transportation projects.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(5) Surface transportation project.--The term ``surface
transportation project'' means a project eligible for
assistance under title 23, United States Code, a capital
project (as defined in section 5302 of title 49, United States
Code), and any other project related to surface transportation
that the Secretary determines appropriate.
SEC. 4. COST-BENEFIT ANALYSIS.
(a) In General.--For fiscal year 2009 and each fiscal year
thereafter, Federal funds made available to carry out a surface
transportation project may be used by a government agency to enter into
a private contract of $100,000 or more to procure architectural,
engineering, and related services only if the government agency
conducts a cost-benefit analysis for the private contract in accordance
with the requirements of this section.
(b) Components.--A cost-benefit analysis conducted by a government
agency for a private contract under subsection (a) shall contain, at a
minimum, the following:
(1) A description of the services to be performed under the
private contract.
(2) An estimate of the cost of procuring the services under
the private contract, including the price of the contract, the
cost to the government agency of negotiating and awarding the
contract, and the cost to the government agency of inspecting,
supervising, monitoring, and overseeing the contract.
(3) An estimate of the cost of having the services
performed by the government agency (or a government agency
assisting such agency), including staff salaries and benefits,
office facilities and space, equipment and materials, and other
costs that can be reasonably attributed to the performance of
the services and that would not otherwise be incurred by the
government agency.
(4) A determination as to whether the services would be
procured more quickly by entering into the private contract or
by having the services performed by the government agency (or a
government agency assisting such agency).
(5) A determination as to whether the government agency
will provide equipment and materials under the private contract
and an estimate of the cost of any such equipment and
materials.
(6) An estimate of the cost of unemployment compensation or
other benefits likely to be paid to any employees of the
government agency displaced as a result of the private
contract.
(7) An estimate of the cost to the government agency of
resuming performance of the service to be performed under the
private contract.
SEC. 5. DISCLOSURE OF RESULTS OF COST-BENEFIT ANALYSIS.
If, after conducting a cost-benefit analysis for a private contract
under section 4, a government agency finds that it is in the public
interest to enter into the contract, the agency shall, at least 30 days
before entering into the contract--
(1) submit the results and accompanying materials to the
Secretary for review;
(2) provide the results and accompanying materials to any
individual or entity that registers with the agency to receive
the results; and
(3) make the results and accompanying materials available
for public inspection, including publication of the results on
the Internet.
SEC. 6. COMMENTS.
In the 15-day period following the date of publication by a
government agency of the results of a cost-benefit analysis for a
private contract under section 4--
(1) employees of the agency and other interested parties
may submit to the agency written comments refuting the accuracy
of results; and
(2) employees of the agency may submit to the agency a
competitive bid to provide the services that would otherwise be
performed under the contract.
SEC. 7. USE OF QUALIFICATION-BASED SELECTION CRITERIA.
In procuring architectural, engineering, and related services from
private sources using Federal funds as part of a surface transportation
project, a government agency shall use the procedures for procuring
architectural and engineering services under chapter 11 of title 40,
United States Code, or equivalent State qualifications-based
requirements.
SEC. 8. SPECIALTY, EMERGENCY, TEMPORARY WORK.
Upon the request of a government agency, the Secretary may waive
the application of this Act with respect to a private contract if the
Secretary determines that the government agency cannot perform the work
to be conducted under the contract with existing or additional
government employees because the work is of an emergency, specialty, or
intermittent nature and would likely cause regular periods of
underutilization of government employees. | Safety, Accountability, and Funding Efficiency for Transportation Act of 2007 - Requires government agencies to prepare cost benefit analyses before entering any private contract of $100,000 or more to procure private sector architectural, engineering, and related services for a surface transportation project.
Provides for public disclosure of the results of such cost-benefit analysis if the government agency determines it is in the public interest to enter into the contract.
Authorizes the waiver of such requirements if it is determined that the government agency cannot perform the work to be conducted under the contract with existing or additional government employees because such work is of an emergency, specialty, or intermittent nature. | {"src": "billsum_train", "title": "To require government agencies carrying out surface transportation projects to conduct a cost-benefit analysis before procuring architectural, engineering, and related services from a private contractor, and for other purposes."} | 1,263 | 137 | 0.625812 | 1.723568 | 0.748124 | 5.088 | 9.784 | 0.928 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``New Workers for Economic Growth
Act''.
TITLE I--H-1B NONIMMIGRANT WORKERS
SEC. 101. AUTHORIZED ADMISSIONS OF H-1B WORKERS.
(a) Annual Limitations.--Section 214(g)(1)(A) of the Immigration
and Nationality Act (8 U.S.C. 1184(g)(1)(A), is amended by striking
clauses (iii) through (v) and inserting the following:
``(iii) with respect to all such aliens
other than aliens described in paragraph (5)--
``(I) 200,000 for each of the
fiscal years 2000, 2001, and 2002; and
``(II) 65,000 for each succeeding
fiscal year.''.
(b) Exemption From Annual Limitation.--Section 214(g) of the
Immigration and Nationality Act (8 U.S.C. 1184(g)), is amended by
adding at the end the following new paragraph:
``(5) The numerical limitations contained in paragraph (1)(A)(iii)
shall not apply to any nonimmigrant alien admitted under section
101(a)(15(H)(i)(b) who--
``(A) has attained a master's degree or higher degree (or
its equivalent) in a specialty related to the intended
employment and receives wages (including cash bonuses and
similar compensation) at an annual rate equal to at least
$60,000; or
``(B) has attained a bachelor's degree or higher degree (or
its equivalent) and is employed (or has received an offer of
employment) at an institution of higher education (as defined
in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a))).''.
(c) Exemption From Attestation Requirements.--Section 212(n)(3)(B)
of the Immigration and Nationality Act (8 U.S.C. 1182(n)(3)(B)) is
amended by adding the following:
``(III) has attained a bachelor's
degree or higher degree (or its
equivalent) and is employed (or has
received an offer of employment) at an
institution of higher education (as
defined in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C.
1001(a))).''.
TITLE II--ELIMINATION OF EARNINGS PENALTY ON SENIOR CITIZENS
SEC. 201. ELIMINATION OF EARNINGS PENALTY ON SENIOR CITIZENS WHO
CONTINUE TO WORK AFTER REACHING RETIREMENT AGE.
(a) In General.--Section 203 of the Social Security Act (42 U.S.C.
403) is amended--
(1) in subsection (c)(1), by striking ``the age of
seventy'' and inserting ``retirement age (as defined in section
216(l))'';
(2) in paragraphs (1)(A) and (2) of subsection (d), by
striking ``the age of seventy'' each place it appears and
inserting ``retirement age (as defined in section 216(l))'';
(3) in subsection (f)(1)(B), by striking ``was age seventy
or over'' and inserting ``was at or above retirement age (as
defined in section 216(l))'';
(4) in subsection (f)(3)--
(A) by striking ``33\1/3\ percent'' and all that
follows through ``any other individual,'' and inserting
``50 percent of such individual's earnings for such
year in excess of the product of the exempt amount as
determined under paragraph (8),''; and
(B) by striking ``age 70'' and inserting
``retirement age (as defined in section 216(l))'';
(5) in subsection (h)(1)(A), by striking ``age 70'' each
place it appears and inserting ``retirement age (as defined in
section 216(l))''; and
(6) in subsection (j)--
(A) in the heading, by striking ``Age Seventy'' and
inserting ``Retirement Age''; and
(B) by striking ``seventy years of age'' and
inserting ``having attained retirement age (as defined
in section 216(l))''.
(b) Conforming Amendments Eliminating the Special Exempt Amount for
Individuals Who Have Attained Retirement Age.--
(1) Uniform exempt amount.--Section 203(f)(8)(A) of the
Social Security Act (42 U.S.C. 403(f)(8)(A)) is amended by
striking ``the new exempt amounts (separately stated for
individuals described in subparagraph (D) and for other
individuals) which are to be applicable'' and inserting ``a new
exempt amount which shall be applicable''.
(2) Conforming amendments.--Section 203(f)(8)(B) of such
Act (42 U.S.C. 403(f)(8)(B)) is amended--
(A) in the matter preceding clause (i), by striking
``Except'' and all that follows through ``whichever''
and inserting ``The exempt amount which is applicable
for each month of a particular taxable year shall be
whichever'';
(B) in clauses (i) and (ii), by striking
``corresponding'' each place it appears; and
(C) in the last sentence, by striking ``an exempt
amount'' and inserting ``the exempt amount''.
(3) Repeal of basis for computation of special exempt
amount.--Section 203(f)(8)(D) of such Act (42 U.S.C.
403(f)(8)(D)) is repealed.
(c) Additional Conforming Amendments.--
(1) Elimination of redundant references to retirement
age.--Section 203 of the Social Security Act (42 U.S.C. 403) is
amended--
(A) in subsection (c), in the last sentence, by
striking ``nor shall any deduction'' and all that
follows and inserting ``nor shall any deduction be made
under this subsection from any widow's or widower's
insurance benefit if the widow, surviving divorced
wife, widower, or surviving divorced husband involved
became entitled to such benefit prior to attaining age
60.''; and
(B) in subsection (f)(1), by striking subparagraph
(D) and inserting the following: ``(D) for which such
individual is entitled to widow's or widower's
insurance benefits if such individual became so
entitled prior to attaining age 60,''.
(2) Conforming amendment to provisions for determining
amount of increase on account of delayed retirement.--Section
202(w)(2)(B)(ii) of such Act (42 U.S.C. 402(w)(2)(B)(ii)) is
amended--
(A) by striking ``either''; and
(B) by striking ``or suffered deductions under
section 203(b) or 203(c) in amounts equal to the amount
of such benefit''.
(3) Provisions relating to earnings taken into account in
determining substantial gainful activity of blind
individuals.--The second sentence of section 223(d)(4) of such
Act (42 U.S.C. 423(d)(4)) is amended by striking ``if section
102 of the Senior Citizens' Right to Work Act of 1996 had not
been enacted'' and inserting the following: ``if the amendments
to section 203 made by section 102 of the Senior Citizens'
Right to Work Act of 1996 and by the ________________ Act of
1999 had not been enacted''.
(d) Effective Date.--The amendments and repeals made by this
section shall apply with respect to taxable years beginning after
December 31, 1999. | Title II: Elimination of Earnings Penalty on Senior Citizens
- Amends the Social Security Act to eliminate the reduction in social security benefits for individuals under 70 years old whose earnings exceed specified annual limits. | {"src": "billsum_train", "title": "New Workers for Economic Growth Act"} | 1,882 | 47 | 0.354826 | 0.808302 | 0.256151 | 2.263158 | 38.605263 | 0.736842 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Defense Worker Dislocation Act''.
SEC. 2. RETRAINING.
(a) In General.--Section 325(a) of the Job Training Partnership Act
(29 U.S.C. 1662d(a)) is amended--
(1) in the first sentence, by striking ``From the'' and
inserting ``(1) From the'';
(2) by inserting after the first sentence the following:
``The Secretary may make the grants in any State in which the
Governor has received a notification regarding a closure,
cancellation, or reduction under section 4201(b) of the Defense
Economic Adjustment, Diversification, Conversion, and
Stabilization Act of 1990, and in which eligible employees have
received notification of warning from their employer regarding
the closure, cancellation, or reduction.''; and
(3) by striking the last sentence and inserting the
following:
``(2) To be eligible to receive a grant, an entity referred to in
paragraph (1) shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may require, including the date on which the entity anticipates that
the eligible employees affected will lose employment, and information
relating to the notifications described in paragraph (1).
``(3) The Secretary shall approve or deny the application not later
than the later of--
``(A) 15 days after the date described in paragraph (2); or
``(B) 30 days after submission of the application.''.
(b) Use of Funds.--Section 325 of such Act is amended by striking
subsection (c) and inserting the following new subsection:
``(c)(1) Grants under subsection (a) may be used--
``(A) to provide retraining, as described in section 314(d)
or to update existing skills, with respect to an eligible
employee described in subsection (f)(3)(A); and
``(B) notwithstanding any other provision of this Act, to
pay for the Federal share of providing such retraining with
respect to an employee of eligible defense contractors or
eligible defense subcontractors if--
``(i) the employee is currently involved in defense
work;
``(ii) the retraining is designed to enable
employee to achieve placement and retention in
unsubsidized employment that involves nondefense work
and in which the employee has not previously been
substantially engaged; and
``(iii) the employer certifies that the employee
would have become an eligible employee described in
subsection (f)(3)(A), without the retraining.
``(2) The Federal share of providing the retaining described in
paragraph (1)(B) shall be 75 percent.''.
(c) Administration.--Section 325 of such Act is amended by--
(1) redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection:
``(d)(1)(A) Not later than 15 days after the approval of an
application of an entity under subsection (a)(3), the Secretary shall
make available to the entity 50 percent of the amount of the grant.
``(B) On submission of the report described in subparagraph (C),
the Secretary shall make available to the entity the remainder of the
grant.
``(C) Each recipient of a grant under this section shall prepare
and submit to the Secretary a report containing such information as the
Secretary may require regarding eligible employees participating in the
program, and the current education skill levels and occupational
abilities of the employees.
``(D) Grants made under this section may be used to reimburse an
entity for funds expended under another provision of this title for the
purposes described in subsection (c).
``(E) Grants made under this section to an entity shall be in
addition to assistance under any other provision of this title, and
shall be made without regard to whether the entity has expended funds
available under such provision.
``(2)(A) For purposes of the requirements of title I, and in
particular of section 141(a), an eligible employee shall be deemed to
be a person who can benefit from, and is most in need of, services
provided under this section.
``(B) Notwithstanding any other provision of this Act, in
prescribing performance standards under section 106 for this section,
the Secretary shall prescribe standards solely based on placement and
retention in unsubsidized employment. Services provided to eligible
employees under this section consistent with individual readjustment
plans shall be presumed to be in compliance with such standards unless
any person demonstrates that the services are not in compliance.''.
(d) Definitions.--Section 325 of such Act is amended by adding at
the end the following new subsection:
``(f) For purposes of this section:
``(1) The term ``eligible defense contractor'' means a
person that is--
``(A) awarded a contract by the Department of
Defense; and
``(B) affected by a notification issued under
section 4201(b) of the Defense Economic Adjustmnent,
Diversification, Conversion, and Stabilization Act of
1990.
``(2) The term ``eligible defense subcontractor'' means a
subcontractor--
``(A) for a person awarded a contract by the
Department of Defense;
``(B) that is affected by such a notification; and
``(C) that is certified by a State agency described
in section 3306(e) of the Internal Revenue Code of
1986.
``(3) The term `eligible employee' means--
``(A) an eligible dislocated worker, including such
a worker of an eligible defense contractor or eligible
defense subcontractor, who has been terminated or laid
off, or has received a notice of termination or layoff,
as a consequence of reductions in expenditures by the
United States for defense or by closures of United
States military facilities, as determined in accordance
with regulations of the Secretary; and
``(B) an employee described in subsection
(c)(1)(B).
``(4) The term `employer' includes an eligible defense
contractor and an eligible defense subcontractor.''. | Defense Worker Dislocation Act - Amends the Job Training Partnership Act (JTPA) to revise eligibility requirements for the Defense Conversion Adjustment Program (program).
Authorizes the Secretary of Labor to make program grants to specified types of eligible entities in any State in which: (1) the Governor has received a notification regarding a closure, cancellation, or reduction under the Defense Economic Adjustment, Diversification, Conversion, and Stabilization Act of 1990; and (2) eligible employees have received a notification of warning from their employer regarding such closure, cancellation, or reduction.
Allows use of program grant funds for retraining or to update existing skills with respect to an eligible dislocated worker, including an employee of an eligible defense contractor or subcontractor, who has been terminated or laid off, or received notice of termination or layoff, as a consequence of reductions in U.S. expenditures for defense or by closures of U.S. military facilities. Allows program grant funds also to be used to pay for the Federal share (75 percent) of such retraining with respect to an employee of eligible defense contractors or subcontractors if: (1) the employee is currently involved in defense work; (2) the retraining is designed to enable the employee to achieve placement and retention in unsubsidized employment that involves nondefense work and in which the employee has not been previously engaged; and (3) the employer certifies that the employee would have become an eligible dislocated worker without such retraining.
Revises program administration provisions.
Allows program grants to be used to reimburse an entity for funds expended under JTPA provisions for Dislocated Workers.
Provides that program grants shall be: (1) in addition to assistance under any other JTPA Dislocated Worker provision; and (2) made without regard to whether the entity has expended funds available under such other provision.
Deems to be an eligible employee (for purposes of JTPA general requirements) a person who can benefit from, and is most in need of, program services.
Directs the Secretary to prescribe program performance standards solely on the basis of placement and retention in unsubsidized employment (notwithstanding other JTPA provisions for performance standards). | {"src": "billsum_train", "title": "Defense Worker Dislocation Act"} | 1,364 | 471 | 0.621389 | 1.968616 | 0.820086 | 4.075243 | 3.131068 | 0.910194 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``SBA Women's
Business Programs Act of 2007''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--NATIONAL WOMEN'S BUSINESS COUNCIL
Sec. 101. Annual studies on problems hindering the success of women
entrepreneurs.
Sec. 102. Additional progress reports.
TITLE II--WOMEN'S BUSINESS CENTERS
Sec. 201. Revised funding formula.
Sec. 202. Matchmaking formula change.
Sec. 203. Termination of funding.
Sec. 204. Women's business center awards to be made public.
TITLE I--NATIONAL WOMEN'S BUSINESS COUNCIL
SEC. 101. ANNUAL STUDIES ON PROBLEMS HINDERING THE SUCCESS OF WOMEN
ENTREPRENEURS.
Section 409 of the Women's Business Ownership Act of 1988 (15
U.S.C. 7109) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
``(b) Problems Hindering the Success of Women Entrepreneurs.--The
Council shall conduct at least one study per year that evaluates the
problems hindering the success of women entrepreneurs. The Council
shall select the topic for the study in consultation with the Committee
on Small Business of the House of Representatives and the Committee on
Small Business and Entrepreneurship of the Senate.''.
SEC. 102. ADDITIONAL PROGRESS REPORTS.
Section 406(d)(4) of the Women's Business Ownership Act of 1988 (15
U.S.C. 7106(d)(4)) is amended by inserting before the semicolon at the
end the following: ``, and on a biannual basis (notwithstanding
paragraph (6)) submit to the President and to the Committee on Small
Business and Entrepreneurship of the Senate and the Committee on Small
Business of the House of Representatives a report containing a
description of, and the status of, such initiatives, policies,
programs, and plans''.
TITLE II--WOMEN'S BUSINESS CENTERS
SEC. 201. REVISED FUNDING FORMULA.
Section 29(b) of the Small Business Act (15 U.S.C. 656(b)) is
amended to read as follows:
``(b) Authority.--
``(1) In general.--The Administrator may provide financial
assistance to private nonprofit organizations to conduct
projects for the benefit of small business concerns owned and
controlled by women. The projects shall provide--
``(A) financial assistance, including training and
counseling in how to apply for and secure business
credit and investment capital, preparing and presenting
financial statements, and managing cash flow and other
financial operations of a business concern;
``(B) management assistance, including training and
counseling in how to plan, organize, staff, direct, and
control each major activity and function of a small
business concern; and
``(C) marketing assistance, including training and
counseling in identifying and segmenting domestic and
international market opportunities, preparing and
executing marketing plans, developing pricing
strategies, locating contract opportunities,
negotiating contracts, and utilizing varying public
relations and advertising techniques.
``(2) Tiers.--The Administrator shall provide assistance
under paragraph (1) in three tiers of assistance as follows:
``(A) The first tier shall be to conduct a 5-year
project in a situation where a project has not
previously been conducted. Such a project shall be in a
total amount of not more than $150,000 per year.
``(B) The second tier shall be to conduct a 3-year
project in a situation where a first-tier project is
being completed. Such a project shall be in a total
amount of not more than $100,000 per year.
``(C) The third tier shall be to conduct a 3-year
project in a situation where a second-tier project is
being completed. Such a project shall be in a total
amount of not more than $100,000 per year. Third-tier
grants are renewable subject to established eligibility
criteria as well as criteria in subsection (b)(4).
``(3) Allocation of funds.--Of the amounts made available
for assistance under this subsection, the Administrator shall
allocate--
``(A) at least 40 percent for first-tier projects
under paragraph (2)(A);
``(B) 20 percent for second-tier projects under
paragraph (2)(B); and
``(C) the remainder for third-tier projects under
paragraph (2)(C).
``(4) Benchmarks for third-tier projects.--In awarding
third-tier projects under paragraph (2)(C), the Administrator
shall use benchmarks based on socio-economic factors in the
community and on the performance of the applicant. The
benchmarks shall include--
``(A) the total number of women served by the
project;
``(B) the proportion of low income women and socio-
economic distribution of clients served by the project;
``(C) the proportion of individuals in the
community that are socially or economically
disadvantaged (based on median income);
``(D) the future fundraising and service
coordination plans;
``(E) the diversity of services provided; and
``(F) regional distribution within the 10 districts
of the Administration.''.
SEC. 202. MATCHMAKING FORMULA CHANGE.
Section 29(c)(1) of the Small Business Act (15 U.S.C. 656(c)(1)) is
amended--
(1) by striking subparagraphs (A) and (B); and
(2) by adding at the end the following:
``(A) For the first and second years of the
project, 1 non-Federal dollar for each 2 Federal
dollars.
``(B) Each year after the second year of the
project--
``(i) 1 non-Federal dollar for each Federal
dollar; or
``(ii) if the center is in a community at
least 50 percent of the population of which is
below the median income, 1 non-Federal dollar
for each 2 Federal dollars.''.
SEC. 203. TERMINATION OF FUNDING.
Section 29(c) of the Small Business Act (15 U.S.C. 656(c)) is
amended by adding at the end the following:
``(5) Termination.--An organization that has conducted a
project under this subsection--
``(A) is not eligible to conduct another such
project; and
``(B) may continue thereafter to use the women's
business center logo only with the consent of the
Administrator.''.
SEC. 204. WOMEN'S BUSINESS CENTER AWARDS TO BE MADE PUBLIC.
Section 29(g)(2)(B)(ii)(V) of the Small Business Act (15 U.S.C.
656(g)(2)(B)(ii)(V)) is amended by inserting before the semicolon at
the end the following: ``, and make available to the public the award
made to each applicant so selected''.
Passed the House of Representatives June 18, 2007.
Attest:
LORRAINE C. MILLER,
Clerk. | SBA Women's Business Programs Act of 2007 - Title I: National Women's Business Council - Amends the Women's Business Ownership Act of 1988 to direct the National Women's Business Council to: (1) conduct at least one annual study that evaluates problems hindering the success of women entrepreneurs; and (2) report biannually on its initiatives, policies, programs, and plans.
Title II: Women's Business Centers - Amends the Small Business Act relating to the women's business center program (program) to replace the five-year projects for the benefit of small businesses owned and controlled by women with a three-tiered program of five-year (first tier), three-year (second tier), and three-year (third tier) projects, with each tier commencing after the previous tier is being completed. Revises matching funds requirements for such projects.
States that organizations that have conducted projects under the program: (1) are not eligible to conduct another such project; and (2) may continue to use the women's business center logo only with the Administrator's consent.
Requires notice to the public of women's business center awards. | {"src": "billsum_train", "title": "To reauthorize the women's entrepreneurial development programs of the Small Business Administration, and for other purposes."} | 1,650 | 255 | 0.64822 | 2.049275 | 0.83524 | 2.876652 | 6.400881 | 0.894273 |
SECTION 1. AUTHORITY.
(a) In General.--In order to avoid or minimize the need for
involuntary separations due to a reduction in force, reorganization,
transfer of function, or other similar action, the head of an agency
may offer early retirement under this section to employees of such
agency--
(1) in any component thereof;
(2) in any occupation;
(3) in any geographic location; or
(4) on the basis of any combination of factors under
paragraphs (1) through (3).
(b) Treatment of Employees Taking Early Retirement Under This
Section.--
(1) In general.--In the case of an employee who takes early
retirement under this section, the reduction under the first
sentence of section 8339(h) of title 5, United States Code,
shall be equal to the reduction that would otherwise apply,
subject to paragraphs (2) and (3).
(2) Modified reduction.--Effective with respect to any
benefits accruing for any month beginning after any birthday of
the employee occurring after the commencement date of such
employee's annuity, any annuity payable based on the service of
such employee shall be redetermined such that it shall be equal
to the amount that would then be payable, assuming the
circumstance described in paragraph (3).
(3) Circumstance described.--The redetermined amount under
paragraph (2) as of any date is the amount that would then be
payable based on the reduction that would then be required
under the first sentence of section 8339(h) if, at the date of
separation, such employee had attained the age attained by such
employee as of the birthday referred to in paragraph (2).
(c) Conditions.--
(1) In general.--In order to be eligible to take early
retirement under this section, an employee--
(A) may not accept any voluntary separation
incentive payment in connection with the same
separation; and
(B) must separate from service before the end of
the relevant election period under paragraph (2),
except as provided in paragraph (3).
(2) Election period.--
(A) In general.--An election to take early
retirement under this section shall not be valid unless
it is made during an election period offered by the
employee's employing agency under this paragraph, if
any.
(B) Duration; Expiration.--An election period under
this paragraph--
(i) shall be 3 months in duration;
(ii) shall end not later than 1 year after
the date of the enactment of this Act; and
(iii) may not be repeated.
(3) Exception relating to required separation date.--If
necessary to ensure the effective performance of the agency's
mission, in the judgment of the head of the agency, the
required date of separation under paragraph (1)(B) may be
deferred for a period mutually agreed upon by the employee and
the agency, but not later than 1 year after the last day of the
relevant election period.
(d) Employment Backfill Prevention.--Subsections (f) and (g) of
section 5 of the Federal Workforce Restructuring Act of 1994 (Public
Law 103-226; 5 U.S.C. 3101 note) shall apply with respect to any
vacancy created by the separation of any employee who has taken, or who
is due to take, early retirement under this section.
(e) Eligibility Not Limited to Those Under CSRS.--This section
applies with respect to any employee who is eligible for--
(1) an annuity under subchapter III of chapter 83 of title
5, United States Code; or
(2) an annuity any part of which would be subject to
reduction under the first sentence of section 8339(h) of such
title.
(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary in order to finance the
unfunded liability created by this section, to the extent attributable
to benefits accruing during the 5-year period beginning on the date of
the enactment of this Act, either--
(1) in 5 equal annual installments, with interest computed
at the rate used in the then most recent valuation of the Civil
Service Retirement System and with the first payment thereof
due as of the end of the fiscal year in which this Act is
enacted; or
(2) in a single installment an amount equivalent to the
present value (at time of payment) of the installments referred
to in paragraph (1), and with such payment due by the end of
the fiscal year next beginning after the date of the enactment
of this Act.
SEC. 2. HEALTH AND LIFE INSURANCE BENEFITS.
(a) In General.--In the case of an employee who takes early
retirement under section 1--
(1) such employee shall not, by reason of any requirement
under section 8905(b)(1) of title 5, United States Code, be
considered ineligible for continued enrollment as an annuitant
under chapter 89 of title 5, United States Code, if the
otherwise applicable requirements are met; and
(2) subject to subsection (b), such employee shall not, by
reason of any requirement under section 8706(b) of such title,
be considered ineligible for continued life insurance coverage
under chapter 87 of such title, if the otherwise applicable
requirements are met.
(b) Individual Not Eligible for Government Contributions.--Life
insurance coverage under subsection (a)(2) shall be afforded in
accordance with applicable provisions of title 5, United States Code,
except that any Government contributions otherwise payable with respect
to an annuitant shall be the responsibility of the former employee.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) Agency; employee.--The terms ``agency'' and
``employee'' have the respective meanings given those terms by
section 3 of the Federal Workforce Restructuring Act of 1994
(Public Law 103-226; 5 U.S.C. 5597 note).
(2) Voluntary separation incentive payment.--The term
``voluntary separation incentive payment'' means--
(A) a voluntary separation incentive payment under
section 3 of the Federal Workforce Restructuring Act of
1994; and
(B) any similar payment as may be identified under
section 4.
SEC. 4. REGULATIONS.
Any regulations necessary to carry out this Act may be prescribed
by the President or his designee. | Authorizes the head of a Federal agency to offer early retirement to employees of such agency: (1) in any component thereof; (2) in any occupation; (3) in any geographic location; or (4) in any combination of the three.
Redetermines the reduction in retirement benefits for such employees caused by such early retirement based on the age the employee attains on his or her next birthday after the commencement of such employee's annuity.
Sets forth conditions for early retirement under this Act, including acceptance of early retirement during an election period chosen by the employer. Makes eligible for such early retirement election employees under both the Civil Service Retirement System and the Federal Employees' Retirement System.
Authorizes appropriations.
Provides for continued eligibility of such employees for Government health and life insurance benefits as retired Federal employees. Places on the retiree responsibility for any Government contributions otherwise payable with respect to an annuitant. | {"src": "billsum_train", "title": "To allow agencies to offer certain Federal employees an opportunity to take early retirement without having to remain subject to the otherwise applicable reduction, based on age, after attaining age 55."} | 1,381 | 191 | 0.538943 | 1.426965 | 0.756199 | 2.805556 | 7.133333 | 0.861111 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Railroad Security
and Public Awareness Act of 2005''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Rail worker security training program.
Sec. 3. Public awareness.
Sec. 4. Railroad security upgrades.
SEC. 2. RAIL WORKER SECURITY TRAINING PROGRAM.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the Secretary of Homeland Security, in consultation with
appropriate law enforcement, security, and terrorism experts,
representatives of railroad carriers, and nonprofit employee
organizations that represent rail workers, shall develop and issue
detailed guidance for a rail worker security training program to
prepare front-line workers for potential threat conditions.
(b) Program Elements.--The guidance developed under subsection (a)
shall require such a program to include, at a minimum, elements that
address the following:
(1) Determination of the seriousness of any occurrence.
(2) Crew communication and coordination.
(3) Appropriate responses to defend oneself.
(4) Use of protective devices.
(5) Evacuation procedures.
(6) Psychology of terrorists to cope with hijacker behavior
and passenger responses.
(7) Live situational training exercises regarding various
threat conditions, including tunnel evacuation procedures.
(8) All employee training provisions included in the
Transportation Security Directive (SD RAILPAX-04-01 and SD
RAILRAX-04-02) issued under the authority of section 114 of
title 49, United States Code, by the Transportation Security
Administration on May 20, 2004.
(9) Any other areas that the Secretary deems appropriate.
(c) Railroad Carrier Programs.--Not later than 60 days after the
Secretary issues guidance under subsection (a) in final form, each
railroad carrier shall develop a rail worker security training program
in accordance with that guidance and submit it to the Secretary for
approval. Not later than 30 days after receiving a railroad carrier's
program under this subsection, the Secretary shall review the program
and approve it or require the railroad carrier to make any revisions
the Secretary considers necessary for the program to meet the guidance
requirements.
(d) Training.--Not later than 180 days after the Secretary approves
the training program developed by a railroad carrier under this
section, the railroad carrier shall complete the training of all front-
line workers in accordance with that program.
(e) Updates.--The Secretary shall update the training guidance
issued under subsection (a) from time to time to reflect new or
different security threats, and require railroad carriers to revise
their programs accordingly and provide additional training to their
front-line workers.
(f) Security Training Program Grants.--The Secretary of Homeland
Security is authorized to make grants to railroads (including
intercity, heavy, and light rail), hazardous materials shippers, owners
of rail cars used in the transportation of hazardous materials,
universities, colleges, and research centers, and State and local
governments (for railroad facilities and infrastructure) for full or
partial reimbursement of costs incurred to implement the program
detailed in subsection (a).
(g) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Homeland Security $100,000,000 for
fiscal year 2007 to carry out the purposes of this section. Amounts
appropriated pursuant to this subsection shall remain available until
expended.
(h) Definition.--For purposes of this section, the term ``front-
line workers'' means heavy and light rail employees who have daily
access to the operations infrastructure and passengers of their rail
systems.
SEC. 3. PUBLIC AWARENESS.
Not later than 90 days after the date of enactment of this Act, the
Secretary of Homeland Security, shall develop a national plan for
public outreach and awareness. Such plan shall be designed to increase
awareness of measures that the general public, railroad passengers, and
railroad employees can take to increase railroad system security. Such
plan shall also provide outreach to railroad carriers and their
employees to improve their awareness of available technologies, ongoing
research and development efforts, and available Federal funding sources
to improve railroad security. Not later than 9 months after the date of
enactment of this Act, the Secretary of Homeland Security shall
implement the plan developed under this section.
SEC. 4. RAILROAD SECURITY UPGRADES.
(a) Security Improvement Grants.--The Secretary of Homeland
Security is authorized to make grants to railroads (including intercity
passenger and heavy and light rail), hazardous materials shippers,
owners of rail cars used in the transportation of hazardous materials,
universities, colleges, and research centers, and State and local
governments (for railroad facilities and infrastructure) for full or
partial reimbursement of costs incurred to prevent or respond to acts
of terrorism, sabotage, or other railroad security threats, including
providing for--
(1) technologies for reduction of tank car vulnerability;
(2) demonstration of bridge and tunnel inspection
technologies
(3) security and redundancy for critical communications,
electric power (including traction power), computer, and train
control systems essential for secure railroad operations or to
continue railroad operations after an attack impacting railroad
operations;
(4) the security of hazardous material transportation by
railroad;
(5) secure passenger railroad stations, trains, and
infrastructure;
(6) public security awareness campaigns for passenger train
operations;
(7) the sharing of intelligence and information about
railroad security threats;
(8) train tracking and interoperable communications systems
that are coordinated to the maximum extent possible;
(9) additional police and security officers, including
canine units; and
(10) all provisions included in the Transportation Security
Directives (SD RAILPAX-04-01 and SD RAILPAX-04-02) issued under
the authority of section 114 of title 49, United States Code,
by the Transportation Security Administration on May 20, 2004.
(b) Risk Assessments.--Grants shall be awarded under section on the
basis of the results of risk assessments--
(1) conducted by the Secretary of Homeland Security; or
(2) conducted by rail operators or owners, and reviewed and
determined sufficient by the Secretary of Homeland Security.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Homeland Security $400,000,000 for
fiscal year 2007 to carry out the purposes of this section. Amounts
appropriated pursuant to this subsection shall remain available until
expended.
SEC. 5. TIMELINES FOR RISK ASSESSMENT AND AGENCY COOPERATION.
Not later than 90 days after the date of enactment of this Act, the
Secretary of Homeland Security, shall--
(1) develop a plan and timeline for completing the
Department's framework for analyzing sector risks, including
risks to the United States rail system;
(2) evaluate whether the risk assessment methodology used
by the Office for Domestic Preparedness should be leveraged to
facilitate the completion of risk assessments for rail and
other transportation modes; and
(3) set timelines for completing the memorandum of
understanding modal agreements for rail, mass transit, and
research and development, which both the Department of Homeland
Security and the Department of Transportation have agreed to
pursue.
SEC. 6. SECURITY STANDARDS AND INSPECTIONS.
Not later than 90 days after the date of enactment of this Act, the
Secretary of Homeland Security shall develop and issue, in coordination
with the Secretary of Transportation and rail operators and owners--
(1) rail security standards outlining actions for securing
rail systems that reflect industry best practices; and
(2) a plan identifying how Transportation Security
Administration rail inspectors will be used to measure,
monitor, and enforce the security standards issued under
paragraph (1) and, if appropriate, recommendations for how rail
asset owners should be required to enforce such standards.
SEC. 7. STUDY OF FOREIGN RAIL SECURITY PRACTICES.
The Secretary of Homeland Security shall--
(1) study select foreign rail security practices, and the
cost and feasibility of implementing selected best practices
that are not currently used in the United States, including--
(A) implementing covert testing processes to
evaluate the effectiveness of rail system security
personnel;
(B) implementing practices used by foreign rail
operators that integrate security into infrastructure
design;
(C) implementing random searches or screening of
passengers and their baggage; and
(D) establishing and maintaining an information
clearinghouse on existing and emergency security
technologies and security best practices used in the
passenger rail industry both in the United States and
abroad; and
(2) report the results of the study, together with any
recommendations that the Secretary may have for implementing
covert testing, practices for integrating security in
infrastructure design, random searches or screenings, and an
information clearinghouse to the Committee on Homeland Security
and Governmental Affairs of the Senate, the Committee on
Homeland Security of the House of Representatives, the
Committee on Commerce, Science, and Transportation of the
Senate, and the Committee on Transportation and Infrastructure
of the House of Representatives not later than 1 year after the
date of enactment of this Act. | Railroad Security and Public Awareness Act of 2005 - Directs the Secretary of Homeland Security to develop and issue detailed guidance for a rail worker security training program to prepare front-line workers for potential threat conditions. Requires railroad carriers to develop a rail worker security training program that meets the Secretary's approval.
Directs the Secretary to develop a national plan for public outreach and awareness of measures that the general public, railroad passengers, and railroad employees can take to increase railroad security.
Authorizes the Secretary to make grants to railroads (including intercity, heavy, and light rail), hazardous materials shippers, owners of hazardous materials rail cars, universities, colleges, and research centers, and state and local governments (for railroad facilities and infrastructure) for full or partial reimbursement of: (1) rail worker security training program costs; and (2) security upgrade costs incurred by a railroad to prevent or respond to acts of terrorism, sabotage, or other railroad security threats.
Directs the Secretary to: (1) develop timelines for completing the Department of Homeland Security's (DHS) framework for analyzing risks to the U.S. rail system and other transportation sectors; (2) evaluate whether the risk assessment used by the Office for Domestic Preparedness should be leveraged to facilitate the completion of such risk assessments; (3) set timelines for completing the memorandum of understanding (MOU) modal agreements for rail, mass transit, and research and development (R&D), which DHS and the Department of Transportation (DOT) have agreed to pursue; (4) develop and issue rail security standards, including a plan for how Transportation Security Administration (TSA) rail inspectors will be used to enforce such standards; and (5) study select foreign rail security practices, including the cost of implementing selected best practices not currently used in the United States. | {"src": "billsum_train", "title": "To provide for the security and safety of rail transportation systems in the United States, and for other purposes."} | 1,928 | 384 | 0.594173 | 1.836478 | 0.84843 | 5.68272 | 5.303116 | 0.957507 |
SECTION 1. ESTABLISHMENT OF NATIONAL CENTER FOR COMPLEMENTARY AND
ALTERNATIVE MEDICINE.
(a) In General.--Title IV of the Public Health Service Act (42
U.S.C. 281 et seq.) is amended--
(1) by striking section 404E; and
(2) in part E, by adding at the end the following:
``Subpart 5--National Center for Complementary and Alternative Medicine
``SEC. 485D. PURPOSE OF CENTER.
``(a) In General.--The general purposes of the National Center for
Complementary and Alternative Medicine (in this subpart referred to as
the `Center') are the conduct and support of basic and applied research
(including both intramural and extramural research), research training,
the dissemination of health information, and other programs with
respect to identifying, investigating, and validating complementary and
alternative treatment, diagnostic and prevention modalities,
disciplines and systems. The Center shall be headed by a director, who
shall be appointed by the Secretary. The Director of the Center shall
report directly to the Director of NIH.
``(b) Advisory Council.--The Secretary shall establish an advisory
council for the Center in accordance with section 406, except that at
least half of the members of the advisory council who are not ex
officio members shall include practitioners licensed in one or more of
the major systems with which the Center is concerned, and at least 3
individuals representing the interests of individual consumers of
complementary and alternative medicine.
``(c) Complement to Conventional Medicine.--In carrying out
subsection (a), the Director of the Center shall, as appropriate, study
the integration of alternative treatment, diagnostic and prevention
systems, modalities, and disciplines with the practice of conventional
medicine as a complement to such medicine and into health care delivery
systems in the United States.
``(d) Appropriate Scientific Expertise and Coordination With
Institutes and Federal Agencies.--The Director of the Center, after
consultation with the advisory council for the Center and the division
of research grants, shall ensure that scientists with appropriate
expertise in research on complementary and alternative medicine are
incorporated into the review, oversight, and management processes of
all research projects and other activities funded by the Center. In
carrying out this subsection, the Director of the Center, as necessary,
may establish review groups with appropriate scientific expertise. The
Director of the Center shall coordinate efforts with other Institutes
and Federal agencies to ensure appropriate scientific input and
management.
``(e) Evaluation of Various Disciplines and Systems.--In carrying
out subsection (a), the Director of the Center shall identify and
evaluate alternative and complementary medical treatment, diagnostic
and prevention modalities in each of the disciplines and systems with
which the Center is concerned, including each discipline and system in
which accreditation, national certification, or a State license is
available.
``(f) Ensuring High Quality, Rigorous Scientific Review.--In order
to ensure high quality, rigorous scientific review of complementary and
alternative, diagnostic and prevention modalities, disciplines and
systems, the Director of the Center shall conduct or support the
following activities:
``(1) Outcomes research and investigations.
``(2) Epidemiological studies.
``(3) Health services research.
``(4) Basic science research.
``(5) Clinical trials.
``(6) Other appropriate research and investigational
activities.
The Director of NIH, in coordination with the Director of the Center,
shall designate specific personnel in each Institute to serve as full-
time liaisons with the Center in facilitating appropriate coordination
and scientific input.
``(g) Data System; Information Clearinghouse.--
``(1) Data system.--The Director of the Center shall
establish a bibliographic system for the collection, storage,
and retrieval of worldwide research relating to complementary
and alternative treatment, diagnostic and prevention
modalities, disciplines and systems. Such a system shall be
regularly updated and publicly accessible.
``(2) Clearinghouse.--The Director of the Center shall
establish an information clearinghouse to facilitate and
enhance, through the effective dissemination of information,
knowledge and understanding of alternative medical treatment,
diagnostic and prevention practices by health professionals,
patients, industry, and the public.
``(h) Research Centers.--
``(1) In general.--The Director of the Center, after
consultation with the advisory council for the Center, shall
provide support for the development and operation of
multipurpose centers to conduct research and other activities
described in subsection (a) with respect to complementary and
alternative treatment, diagnostic and prevention modalities,
disciplines and systems. The provision of support for the
development and operation of such centers shall include
accredited complementary and alternative medicine research and
education facilities.
``(2) Requirements.--Each center assisted under paragraph
(1) shall use the facilities of a single entity, or be formed
from a consortium of cooperating entities, and shall meet such
requirements as may be established by the Director of the
Center. Each such center shall--
``(A) be established as an independent entity; or
``(B) be established within or in affiliation with
an entity that conducts research or training described
in subsection (a).
``(3) Duration of support.--Support of a center under
paragraph (1) may be for a period not exceeding 5 years. Such
period may be extended for one or more additional periods not
exceeding 5 years if the operations of such center have been
reviewed by an appropriate technical and scientific peer review
group established by the Director of the Center and if such
group has recommended to the Director that such period should
be extended.
``(i) Biennial Report.--The Director of the Center shall prepare
biennial reports on the activities carried out or to be carried out by
the Center, and shall submit each such report to the Director of NIH
for inclusion in the biennial report under section 403.
``(j) Availability of Resources.--After consultation with the
Director of the Center, the Director of NIH shall ensure that resources
of the National Institutes of Health, including laboratory and clinical
facilities, fellowships (including research training fellowship and
junior and senior clinical fellowships), and other resources are
sufficiently available to enable the Center to appropriately and
effectively carry out its duties as described in subsection (a). The
Director of NIH, in coordination with the Director of the Center, shall
designate specific personnel in each Institute to serve as full-time
liaisons with the Center in facilitating appropriate coordination and
scientific input.
``(k) Authorization of Appropriations.--For the purpose of carrying
out this subpart, there are authorized to be appropriated such sums as
may be necessary for each of the fiscal years 1999 through 2003.
Amounts appropriated under this subsection for fiscal year 1999 are
available for obligation through September 30, 2001. Amounts
appropriated under this subsection for fiscal year 2000 are available
for obligation through September 30, 2001.''.
(b) Savings Provision.--All officers and employees employed in the
Office of Alternative Medicine on the day before the date of the
enactment of this Act (pursuant to section 404E of the Public Health
Service Act, as in effect on such day) are transferred to the National
Center for Complementary and Alternative Medicine. Such transfer does
not affect the status of any such officer or employee (except to the
extent that the amendments made by subsection (a) affect the authority
to make appointments to employment positions). All funds available on
such day for such Office are transferred to such Center, and the
transfer does not affect the availability of funds for the purposes for
which the funds were appropriated (except that such purposes shall
apply with respect to the Center to the same extent and in the same
manner as the purposes applied with respect to the Office). All other
legal rights and duties with respect to the Office are transferred to
the Center, and continue in effect in accordance with their terms.
(c) Technical and Conforming Amendments.--Part A of title IV of the
Public Health Service Act (42 U.S.C. 281 et seq.), as amended by
subsection (a), is amended--
(1) in section 401(b)(2), by amending subparagraph (E) to
read as follows:
``(E) The National Center for Complementary and Alternative
Medicine.''; and
(2) in section 402, by redesignating subsections (g)
through (k) as subsections (f) through (j), respectively. | Amends the Public Health Service Act to repeal provisions regarding the Office of Alternative Medicine.
Establishes a National Center for Complementary and Alternative Medicine as a National Institutes of Health (NIH) agency, to be headed by a Director appointed by the Secretary of Health and Human Services.
Requires the Director of the Center to study the integration of alternative treatment, diagnostic and prevention systems, modalities, and disciplines with the practice of conventional medicine as a complement to such medicine and into U.S. health care delivery systems.
Sets forth additional responsibilities of the Director, including the establishment of an advisory council, a bibliographic system for the collection of worldwide research relating to complementary and alternative medicine, a related information clearinghouse, and multipurpose research centers.
Requires the Director to submit biennial activity reports to the Director of NIH.
Authorizes appropriations for the Center for FY 1999 through 2003.
Transfers current employees and funds of the Office of Alternative Medicine to the Center. | {"src": "billsum_train", "title": "A bill to establish within the National Institutes of Health an agency to be known as the National Center for Complementary and Alternative Medicine."} | 1,817 | 217 | 0.597705 | 1.917333 | 0.940872 | 3.885246 | 9.47541 | 0.89071 |
SECTION 1. FINDINGS.
Congress finds the following:
(1) Under current law (49 U.S.C. 40102(a)(15)), only an
airline that qualifies as ``a citizen of the United States''
(commonly referred to as a United States airline) may provide
service between cities in the United States or on international
routes obtained by the United States through international
agreements. The law further provides that an airline will
qualify as a citizen of the United States only if the airline
is ``a corporation or association . . . which is under the
actual control of citizens of the United States''.
(2) Throughout its 47-year history (1938-1985), the Civil
Aeronautics Board interpreted the governing law as requiring
that United States interests be in ``actual control'' of all
operations of the airline. The Department of Transportation
continued these policies when it took over the responsibilities
of the Civil Aeronautics Board in 1985.
(3) To ensure that these long-standing policies remained in
effect, Congress in 2003 passed an amendment specifically
adding to the definition of ``citizen of the United States'' a
requirement that the airline be ``under the actual control of
citizens of the United States''. When this ``actual control''
test was specifically added to the law, it clearly was intended
to codify the policy developed by the Civil Aeronautics Board
and the Department, which required that United States interests
control economic and competitive decisions of the airline, as
well as safety and security decisions.
(4) Congress has repeatedly refused the Department's
requests to pass legislation to allow foreign interests to gain
increased control of United States airlines by changing the
statutory requirements that United States citizens must own 75
percent of the voting stock of United States airlines. The
Department now seeks to accomplish increased foreign control by
other means.
(5) On November 7, 2005, the Department issued a Notice of
Proposed Rulemaking (70 Fed. Reg. 67389) that proposes to
change the Department's long-standing interpretation of
``actual control''. Under the proposed rules, United States
citizens would be required to control decisions of a United
States airline concerning commitments to the Civil Reserve Air
Fleet, transportation security, safety, and organizational
documents. However, United States citizens would not be
required to control the airline's basic economic and
competitive decisions, such as the cities to be served, the
fares to be charged, the aircraft to be purchased, and the
nature and size of the aircraft fleet.
(6) The proposal to review long-standing policy and law
through a new interpretation of ``actual control'' is contrary
to the clear intent of Congress.
(7) The proposed new interpretation would change long-
standing policies and legal interpretations that ``actual
control'' means control over all operations of the airline, not
only decisions concerning security, safety, the Civil Reserve
Air Fleet program, and organizational documents.
(8) The Department's rulemaking is a major impairment of
the policies and legal interpretation that Congress
specifically required by statute in 2003, and that have been
followed for over 60 years. Any major change in the definition
of ``actual control'' should only be accomplished through the
legislative process and should not be unilaterally imposed by
the executive branch.
(9) The development of an equitable ``open skies''
agreement between the United states and Europe is central to
opening up markets, including access to Heathrow if
commercially viable slots and facilities are available there
and key rights beyond Heathrow, and both entities will benefit
by moving the world's 2 largest aviation markets closer
together.
SEC. 2. LIMITATION ON CERTAIN ACTIONS.
(a) In General.--For a period of one year after the date of
enactment of this Act, the Secretary of Transportation shall not issue
a decision on the notice of proposed rulemaking referred to in section
1(a)(5), issue any final rule, or make any fitness determination under
section 41102 of title 49, United States Code, that would change the
Department of Transportation's long-standing interpretation concerning
what constitutes ``actual control'' of an airline for purposes of
section 40102(a)(15) of such title. The Secretary may not submit a
final rule to the Congress under chapter 8 of title 5, United States
Code, before the date that is 180 days after the date on which the
Secretary submits the report required by subsection (c).
(b) Congressional Review.--Any final rule described in subsection
(a) issued by the Secretary shall be treated as a major rule for
purposes of chapter 8 of title 5, United States Code.
(c) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary shall submit to Congress a report that assesses
the impact of the proposed rules referred to in section 1(a)(5). At a
minimum, the report shall include the following:
(1) An assessment of the consequences of permitting greater
participation of foreign interests in the direct operations of
United States airlines, including the impact on national
defense, competition between foreign and United States
airlines, the growth of international air services performed by
United States airlines and of the United States aviation
industry manufacturers, and access of United States citizens,
especially those living in rural communities, to aviation
service.
(2) If the Department interprets the proposed rules as
allowing foreign owners of 25 percent or less of a United
States airline's stock to gain control of the airline through
supermajority voting requirements or other means, or as
allowing agreements under which United States shareholders will
vote their shares the same way as minority foreign
shareholders, an analysis of the potential effects of such
supermajority voting requirements or agreements on--
(A) national defense;
(B) competition between foreign and United States
airlines and aviation industry manufacturers;
(C) access to domestic aviation services; and
(D) whether such agreements would be consistent
with the statutory requirement that permits an airline
to qualify as a citizen of the United States only if at
least 75 percent of the voting interest in the airline
is owned or controlled by persons that are citizens of
the United States.
(3) An analysis of how the Department will ensure that
United States citizens maintain control over matters having an
impact on issues concerning Civil Reserve Air Fleet
participation, safety, and security if foreign interests are
allowed to exercise control over issues concerning a United
States airline's day-to-day operations, market strategy, and
fleet management.
(4) An analysis of the portion of the proposed rules that
provides that the new interpretation of ``actual control''
would apply only in cases in which a foreign country grants
United States interests ``reciprocal access to investments in
their carriers'', and an analysis of--
(A) how the Department can adopt an interpretation
that will permit a definition of ``actual control'' to
vary depending on policies followed by a foreign
country;
(B) how the Department would define ``reciprocal
access'';
(C) how the Department would determine that the
home country of a foreign airline does not deny United
States citizens reciprocal access to investments in its
own airlines; and
(D) whether, as part of ``reciprocal access'', the
Department would require control by United States
interests over economic decisions by a foreign airline.
(5) An analysis of whether under the proposed rule the
Federal Government will have adequate ability to review the
source of foreign capital.
(6) An analysis of the effects the proposed rules would
have on the wages, working conditions, and job opportunities of
United States airline employees, including job opportunities in
international air transportation.
(7) An analysis of whether under the proposed rules
interested parties would be notified of and have an opportunity
to comment on an application submitted to the Department under
which a foreign interest could gain effective control of a
United States airline.
D23/ | Prohibits the Secretary of Transportation from issuing any final rule that would change the Department of Transportation's (DOT) interpretation of what constitutes "actual control" of an airline with respect to requirements prohibiting foreign interests from exercising actual control over all airline operations. Directs the Secretary to report to Congress on the impact of DOT's proposed change of allowing foreign interests to control economic and competitive decisions while requiring U.S. citizens to control decisions concerning commitments to the Civil Reserve Air Fleet, transportation security, safety, and organizational documents. (Under current law, only an airline that qualifies as "a citizen of the United States" may provide service between U.S. cities or on international routes obtained by the United States through international agreements. Defines "a citizen of the United States" as an individual who is a citizen of the United States, a partnership each of whose partners is an individual who is a citizen of the United States, or a corporation or association in which at least 75% of the voting interest is owned or controlled by persons that are citizens of the United States). | {"src": "billsum_train", "title": "A bill to direct the Secretary of Transportation to report to Congress concerning proposed changes to long-standing policies that prohibit foreign interests from exercising actual control over the economic, competitive, safety, and security decisions of United States airlines, and for other purposes."} | 1,657 | 234 | 0.598011 | 1.801085 | 0.907901 | 3.482927 | 8.053659 | 0.858537 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Youth Violence Prevention Act of
1999''.
TITLE I--EXPANSION OF INSTANT GUN CHECK CAPABILITIES
SEC. 101. EXPANSION OF BYRNE PURPOSES.
Section 501(b) of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3751(b)) is amended--
(1) by redesignating paragraphs (16) through (26) as (17)
through (27), respectively; and
(2) by inserting after paragraph (15) the following:
``(16) developing or expanding a State instant criminal
background check system that includes allowing only limited
access of the system, regarding the eligibility status of a
proposed firearm purchaser (after receiving the purchaser's
express authorization), to a person who sells a firearm and is
not a licensed dealer;''.
SEC. 102. IMPROVEMENT OF CRIMINAL JUSTICE RECORDS.
Section 509 of Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3759) is amended by--
(1) in subsection (a), by striking ``5 percent'' and insert
``6 percent''; and
(2) in subsection (b)--
(A) in paragraph (3), by striking ``and'' after the
semicolon;
(B) in the first paragraph (4), by striking the
period and inserting ``; and'';
(C) by redesignating the second paragraph (4) that
ends with ``1993.''as paragraph (6); and
(B) by inserting after the first paragraph (4) the
following:
``(5) developing or expanding a State instant criminal
background check system that includes allowing only limited
access of the system, regarding the eligibility status of a
proposed firearm purchaser (after receiving the purchaser's
express authorization), to a person who sells a firearm and is
not a licensed dealer; and''.
TITLE II--NONREFUNDABLE CREDIT FOR PURCHASE OF SAFE STORAGE DEVICES FOR
FIREARMS
SEC. 201. NONREFUNDABLE CREDIT FOR PURCHASE OF SAFE STORAGE DEVICES FOR
FIREARMS.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25A the
following new section:
``SEC. 25B. PURCHASE OF SAFE STORAGE DEVICES FOR FIREARMS.
``(a) Allowance of Credit.--There shall be allowed as a credit
against the tax imposed by this chapter for a taxable year an amount
equal to the qualified firearm safe storage device expenses for the
taxable year.
``(b) Lifetime Dollar Limitation.--The aggregate amount of expenses
paid by an individual which may be treated as qualified firearm safe
storeage device expenses for any taxable year shall not exceed the
excess (if any) of--
``(1) $250, over
``(2) the aggregate amounts treated as qualified firearm
safe storeage device expenses with respect to such individual
for all prior taxable years.
``(c) Qualified Firearm Safe Storage Device Expense.--For purposes
of this section--
``(1) In general.--The term `qualified firearm safe storage
device expense' means amounts paid for a trigger lock, secure
locked cabinet, or other safety device used solely for the
storeage of a firearm.
``(2) Firearm.--The term `firearm' has the meaning given
such term by section 921(a)(3) of title 18, United States
Code.''.
(b) Clerical Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 25A the following new
item:
``Sec. 25B. Purchase of safe storage
devices for firearms.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1998.
TITLE III--HANDGUN CHILD SAFETY LOCKS
SEC. 301. PROHIBITION AGAINST MANUFACTURE OF A HANDGUN WITHOUT CHILD
SAFETY LOCKS.
(a) Prohibition Against Manufacture of Handgun Without Child Safety
Lock Attached.--
(1) Prohibition.--It shall be unlawful for any person, in
or affecting commerce, to manufacture a handgun in the United
States, unless a child safety lock which meets the requirement
of subsection (b) is attached to, or is an integral part of,
the firearm.
(2) Penalties.--The Secretary shall impose a civil fine of
$5,000 on any person who violates paragraph (1).
(b) Child Safety Lock Requirements.--A lock meets the requirements
of this subsection if the lock, while activated or attached to the
firearm, prevents the firearm from being discharged.
(c) Judicial Review.--Not later than 60 days after an individual
receives notice from the Secretary of a decision to impose a fine on
the individual under this section, the individual may bring an action
against the Secretary in any United States district court for de novo
review of the decision.
(d) Inapplicability to Governmental Entities.--Subsection (a) shall
not apply to conduct of, or authorized by, the United States or any
department or agency thereof, or any State or any department, agency,
or political subdivision thereof.
(e) Definitions.--As used in this section, the terms ``State'',
``handgun'', and ``Secretary'' shall have the meanings given such terms
in section 921(a) of title 18, United States Code.
TITLE IV--CHILD FIREARM ACCESS PREVENTION
SEC. 401. CHILDREN AND FIREARMS SAFETY.
(a) Secure Gun Storage or Safety Device.--Section 921(a) of title
18, United States Code, is amended by adding at the end the following:
``(35) The term `secure gun storage or safety device' means--
``(A) a device that, when installed on a firearm, prevents
the firearm from being operated without first deactivating or
removing the device;
``(B) a device incorporated into the design of the firearm
that prevents the operation of the firearm by anyone not having
authorized access to the device; or
``(C) a safe, gun safe, gun case, lock box, or other device
that is designed to be or can be used to store a firearm and
that can be unlocked only by means of a key, a combination, or
other similar means.''.
(b) Prohibition and Penalties.--Section 922 of title 18, United
States Code, is amended by inserting after subsection (y) the
following:
``(z) Prohibition Against Giving Juveniles Access to Certain
Firearms.--
``(1) Definition of juvenile.--In this subsection, the term
`juvenile' means an individual who has not attained the age of
18 years.
``(2) Prohibition.--Except as provided in paragraph (3),
any person that--
``(A) keeps a loaded firearm, or an unloaded
firearm and ammunition for the firearm, any of which
has been shipped or transported in interstate or
foreign commerce or otherwise substantially affects
interstate or foreign commerce, within any premise that
is under the custody or control of that person; and
``(B) knows, or reasonably should know, that a
juvenile is capable of gaining access to the firearm
without the permission of the parent or legal guardian
of the juvenile,
shall, if a juvenile obtains access to the firearm and thereby
causes death or bodily injury to the juvenile or to any other
person, or exhibits the firearm either in a public place, or in
violation of subsection (q), be imprisoned not more than 1
year, fined not more than $10,000, or both.
``(3) Exceptions.--Paragraph (2) does not apply if--
``(A) the person uses a secure gun storage or
safety device for the firearm;
``(B) the person is a peace officer, a member of
the Armed Forces, or a member of the National Guard,
and the juvenile obtains the firearm during, or
incidental to, the performance of the official duties
of the person in that capacity;
``(C) the juvenile obtains, or obtains and
discharges, the firearm in a lawful act of self-defense
or defense of 1 or more other persons;
``(D) the person has no reasonable expectation,
based on objective facts and circumstances, that a
juvenile is likely to be present on the premises on
which the firearm is kept; or
``(E) the juvenile obtains the firearm as a result
of unlawful entry by the juvenile.''.
(c) Role of Licensed Firearms Dealers.--Section 926 of title 18,
United States Code, is amended by adding at the end the following:
``(d) The Secretary shall ensure that a copy of section 922(z)
appears on the form required to be obtained by a licensed dealer from a
prospective transferee of a firearm.''.
(d) No Effect on State Law.--Nothing in this section or the
amendments made by this section shall be construed to preempt any
provision of the law of any State, the purpose of which is to prevent
children from injuring themselves or others with firearms. | TABLE OF CONTENTS:
Title I: Expansion of Instant Gun Check Capabilities
Title II: Nonrefundable Credit for Purchase of Safe Storage
Devices for Firearms
Title III: Handgun Child Safety Locks
Title IV: Child Firearm Access Prevention
Youth Violence Prevention Act of 1999 -
Title I: Expansion of Instant Gun Check Capabilities
- Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the use of drug control and system improvement (Byrne) grants to develop or expand a State instant criminal background check system that includes allowing a person who sells a firearm and who is not a licensed dealer only limited access of the system regarding the eligibility status of a proposed firearm purchaser (after receiving the purchaser's express authorization).
(Sec. 102) Amends such Act to: (1) require each State which receives grants to allocate not less than six (currently, five) percent of funds received to the improvement of criminal justice records; and (2) authorize the use of such funds to develop or expand a State instant criminal background check system that includes allowing only such limited access.
Title II: Nonrefundable Credit for Purchase of Safe Storage Devices for Firearms
- Amends the Internal Revenue Code to allow a non-refundable personal credit against Federal income tax for qualified firearm safe storage device expenses for a taxable year. Limits the aggregate amount of expenses paid by an individual which may be treated as qualified firearm safe storage device expenses for any taxable year to the excess (if any) of $250 over the aggregate amounts treated as qualified firearm safe storage device expenses with respect to such individual for all prior taxable years.
Title III: Handgun Child Safety Locks
- Prohibits the manufacture of a handgun in the United States unless a child safety lock (i.e., a lock which, while activated or attached, prevents the firearm from being discharged) is attached to, or is an integral part of, the firearm. Requires the Secretary of the Treasury to impose a civil fine of $5,000 on any person who violates such prohibition.
Sets forth provisions regarding judicial review and inapplicability of this prohibition to governmental entities within the United States.
Title IV: Child Firearm Access Prevention
- Amends the Brady Handgun Violence Prevention Act to subject any person who keeps a loaded firearm, or an unloaded firearm and ammunition, within any premise under such person's control and who knows, or reasonably should know, that a juvenile is capable of gaining access to the firearm without the permission of the parent or legal guardian, to one year's imprisonment and a $10,000 fine if a juvenile obtains access and causes death or bodily injury or illegally exhibits the firearm in a public place or school zone.
Directs the Secretary to ensure that a copy of such prohibition appears on the form required to be obtained by a licensed dealer from a prospective transferee of a firearm. | {"src": "billsum_train", "title": "Youth Violence Prevention Act of 1999"} | 2,209 | 646 | 0.684521 | 2.24102 | 0.641649 | 4.341727 | 3.397482 | 0.895683 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pacific Coast Groundfish Fishery
Preservation Act''.
SEC. 2. PILOT PROJECT FOR CHARITABLE DONATION OF BYCATCH.
(a) In General.--The Secretary of Commerce shall initiate a pilot
project under which fishermen in a commercial fishery covered by the
West Coast groundfish fishery are permitted to donate bycatch, or
regulatory discards, of fish to charitable organizations rather than
discard them. The pilot project shall incorporate a means, through the
requirement of on-vessel observers or other safeguards, of ensuring
that the opportunity to donate such fish does not encourage or permit
the evasion of per-vessel trip limits, total allowable catch limits, or
other fishery management plan measures.
(b) Reports.--
(1) Initiation.--The Secretary shall notify the Congress,
within 90 days after the date of enactment of this Act and
before the pilot project is implemented, of--
(A) the fishing season in which the pilot project
will be conducted; and
(B) the period during which the pilot project will
be conducted.
(2) Follow-up.--Within 90 days after the pilot project
terminates the Secretary shall submit to the Congress a report
containing findings with respect to the pilot project and the
Secretary's analysis of the ramifications of the pilot project
based on those findings.
SEC. 3. REPORT ON DISASTER ASSISTANCE FOR PACIFIC COAST GROUNDFISH
FISHERY.
The Secretary shall report to the Congress no later than 45 days
after the date of enactment of this Act the action or actions taken
under section 312(a) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1861a(a)) to provide disaster relief to
fishing communities affected by the commercial fishery failure in the
Pacific Coast groundfish fishery. The Secretary shall include in the
report any recommendations the Secretary deems appropriate for
additional legislation or changes in existing law that would enable the
Department of Commerce to respond more expeditiously in the future to
fisheries disasters resulting from commercial fishery failures.
SEC. 4. CAPACITY REDUCTION IN THE PACIFIC COAST GROUNDFISH FISHERY.
(a) In General.--The Secretary of Commerce shall, after notice and
an opportunity for public comment, adopt regulations to implement a
fishing capacity reduction plan for the Pacific Coast Groundfish
fishery under section 312(b) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1861a(b)) that--
(1) has been developed in consultation with affected
parties whose participation in the plan is required for its
successful implementation;
(2) will obtain the maximum sustained reduction in fishing
capacity at the least cost through the use of a reverse auction
process in which vessels and permits are purchased;
(3) will not expand the size or scope of the commercial
fishery failure in that fishery or into other fisheries or
other geographic regions;
(4) except as otherwise specifically provided in this
section, meets the requirements of that section; and
(5) incorporates the components described in subsection (c)
of this section.
(b) Expedited Adoption of Plan.--In carrying out subsection (a),
the Secretary--
(1) shall publish notice in the Federal Register within 30
days after the date of enactment of this Act of implementation
of the fishing capacity reduction plan;
(2) provide for public comment for a period of 60 days
after publication; and
(3) adopt final regulations to implement the plan within 45
days after the close of the public comment period under
paragraph (2).
(c) Plan Components.--The fishery capacity reduction plan shall--
(1) provide for a significant reduction in the fishing
capacity in the Pacific Coast groundfish fisheries;
(2) permanently revoke all State and Federal fishery
licenses, fishery permits, area and species endorsements, and
any other fishery privileges for West Coast groundfish, Pacific
pink shrimp, Dungeness crab, and Pacific salmon (troll permits
only) issued to a vessel or vessels (or to persons on the basis
of their operation or ownership of that vessel or vessels) for
which a Pacific Coast groundfish fisheries reduction permit is
issued under section 600.1011(b) of title 50, Code of Federal
Regulations;
(3) ensure that the Secretary of Transportation is notified
of each vessel for which a reduction permit is surrendered and
revoked under the program, with a request that such Secretary
permanently revoke the fishery endorsement of each such vessel
and refuse permission to transfer any such vessel to a foreign
flag under subsection (f) of this section;
(4) ensure that vessels removed from the Pacific Coast
groundfish fisheries under the program are made permanently
ineligible to participate in any fishery worldwide, and that
the owners of such vessels contractually agree that such
vessels will operate only under the United States flag or be
scrapped as a reduction vessel pursuant to section 600.1011(c)
of title 50, Code of Federal Regulations;
(5) ensure that vessels removed from the Pacific Coast
groundfish fisheries, the owners of such vessels, and the
holders of fishery permits for such vessels forever relinquish
any claim associated with such vessel, permits, and any catch
history associated with such vessel or permits that could
qualify such vessel, vessel owner, or permit holder for any
present or future limited access system fishing permits in the
United States fisheries based on such vessel, permits, or catch
history; and
(6) notwithstanding section 1111(b) of the Merchant Marine
Act, 1936 (46 U.S.C. App. 1279f(b)(4)), establish a repayment
period for the reduction loan of not less than 30 years.
(d) Funding for Buyback of Vessels and Permits.--
(1) In general.--There shall be available to the Secretary
to complete the purchase of vessels and permits under the
fishery capacity reduction plan the sum of $50,000,000, of
which--
(A) $25,000,000 shall be from amounts appropriated
to the Secretary for this purpose (the appropriation of
which is hereby authorized for fiscal year 2002, with
any amounts not expended in fiscal year 2002 to remain
available until expended); and
(B) $25,000,000 shall be from an industry fee
system established under subsection (e).
(2) Advance of industry fee portion.--The industry fee
portion under paragraph (1)(B) for fiscal year 2002 and
thereafter shall be financed by a reduction loan under sections
1111 and 1112 of title XI of the Merchant Marine Act, 1936 (46
U.S.C. App. 1279f and 1279g).
(e) Industry Fees.--
(1) In general.--As part of the fishery capacity reduction
plan, the Secretary shall establish an industry fee system
under section 312(d) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1861a(d)) to
generate revenue to repay the loan provided under subsection
(d)(2).
(2) Allocation of fees.--The Secretary shall allocate the
fees payable under the industry fee system among--
(A) holders of Pacific Coast groundfish permits,
(B) holders of Washington, Oregon, and California
pink shrimp fishing permits,
(C) holders of Washington, Oregon, and California
salmon trolling permits, and
(D) holders of Washington, Oregon, and California
Dungeness crab fishing permits,
so that the percentage of the revenue generated by the fee
system from holders of each kind of permit will correspond to
the percentage of the total amount paid under buyback program
for that kind of permit.
(f) Duties of Secretary of Transportation.--
(1) Revocation of endorsement.--The Secretary of
Transportation shall, upon notification and request by the
Secretary, for each vessel identified in such notification and
request--
(A) permanently revoke any fishery endorsement
issued to such vessel under section 12108 of title 46,
United States Code; and
(B) refuse to grant the approval required under
section 9(c)(2) of the Shipping Act, 1916 (46 U.S.C.
App. 808(c)(2)) for the placement of such vessel under
foreign registry or the operation of such vessel under
the authority of a foreign country.
(2) Regulations.--The Secretary shall, after notice and
opportunity for public comment, adopt final regulations not
later than 6 months after the date of enactment of this Act, to
prohibit any vessel for which a reduction permit is surrendered
and revoked under the fishing capacity reduction program
required by this section from engaging in fishing activities on
the high seas or under the jurisdiction of any foreign country
while operating under the United States flag.
(g) Regulatory Flexibility.--Any requirements of chapter 35 of
title 44, United States Code, chapter 6 of title 5, United States Code,
or any Executive order that would, in the opinion of the Secretary,
prevent the Secretary from meeting the deadlines set forth in this
section shall not apply to the fishing capacity reduction program or
the promulgation of regulations to implement such program required by
this section.
SEC. 5. COLLECTION OF INDUSTRY FEES.
(a) In General.--The Secretary shall enter into an agreement with
the States of California, Oregon, and Washington to collect program
fees paid under the system established under section 4(e).
(b) Withholding Fee From Purchase Price.--The fee for each vessel
required to pay a program fee under that system shall be deducted by
the first ex-vessel fish purchaser from the proceeds otherwise payable
to the seller and forwarded to the appropriate State at the same time
and in the same manner as other fees or taxes are forwarded to that
State.
(c) State To Collect and Forward Fees.--Upon receipt of program
fees forwarded by fish purchasers under subsection (b), the State shall
forward the fees to the Secretary in the manner provided for in the
agreement established under subsection (a).
(d) Fish-processing Vessels Treated as Purchasers.--A vessel
which--
(1) both harvests and processes fish; or
(2) receives fish from a harvesting vessel and processes
that fish on board,
shall be considered to be the first ex-vessel fish purchaser with
respect to the fish processed on the vessel and shall forward the
appropriate fees to the appropriate State at the same time and in the
same manner as other fees or taxes are forwarded to that State.
SEC. 6. AMENDMENT OF THE MERCHANT MARINE ACT, 1936, TO EXPAND PURPOSES
OF CAPITAL CONSTRUCTION FUND.
(a) In General.--Section 607(a) of the Merchant Marine Act, 1936
(46 U.S.C. App. 1177(a)) is amended by striking ``of this section.''
and inserting ``of this section. Any agreement entered into under this
section may be modified for the purpose of encouraging the
sustainability of the fisheries of the United States by making the
termination and withdrawal of a capital construction fund a qualified
withdrawal if done in exchange for the retirement of the related
commercial fishing vessels and related commercial fishing permits.''.
(b) New Qualified Withdrawals.--
(1) Amendments to merchant marine act, 1936.--Section
607(f)(1) of the Merchant Marine Act, 1936 (46 U.S.C. App.
1177(f)(1)) is amended--
(A) by striking ``for:'' and inserting
``for--'';
(B) by striking ``vessel,'' in subparagraph (A) and
inserting ``vessel;'';
(C) by striking ``vessel, or'' in subparagraph (B)
and inserting ``vessel;'';
(D) by striking ``vessel.'' in subparagraph (C) and
inserting ``vessel;'';
(E) by inserting after subparagraph (C) the
following:
``(D) the payment of an industry fee authorized by
the fishing capacity reduction program under section
312(b) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1861a(b));
``(E) in the case of any such person or shareholder
for whose benefit such fund was established or any
shareholder of such person, a rollover contribution
(within the meaning of section 408(d)(3) of the
Internal Revenue Code of 1986) to such person's or
shareholder's individual retirement plan (as defined in
section 7701(a)(37) of such Code); or
``(F) the payment to a person or corporation
terminating a capital construction fund for whose
benefit the fund was established and retiring related
commercial fishing vessels and permits.''; and
(F) by adding at the end the following:
``(3) The Secretary by regulation shall establish procedures to
ensure that any person making a qualified withdrawal authorized under
paragraph (1)(F) retires the related commercial use of fishing vessels
and commercial fishery permits.''.
(2) Amendments to internal revenue code of 1986.--Section
7518(e)(1) of the Internal Revenue Code of 1986 (relating to
purposes of qualified withdrawals) is amended--
(A) by striking ``for:'' and inserting ``for--'';
(B) by striking ``vessel, or'' in subparagraph (B)
and inserting ``vessel;'';
(C) by striking ``vessel.'' in subparagraph (C) and
inserting ``vessel;'';
(D) by inserting after subparagraph (C) the
following:
``(D) the payment of an industry fee authorized by
the fishing capacity reduction program under section
312 of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1861a);
``(E) in the case of any person or shareholder for
whose benefit such fund was established or any
shareholder of such person, a rollover contribution
(within the meaning of section 408(d)(3)) to such
person's or shareholder's individual retirement plan
(as defined in section 7701(a)(37)); or
``(F) the payment to a person terminating a capital
construction fund for whose benefit the fund was
established and retiring related commercial fishing
vessels and permits.''; and
(E) by adding at the end the following:
``(3) Regulations.--The Secretary by regulation shall
establish procedures to ensure that any person making a
qualified withdrawal authorized by subparagraph (F) retires the
related commercial use of fishing vessels and commercial
fishery permits.''.
(c) Effective Date.--The amendments made by this section shall
apply to withdrawals made after the date of enactment of this Act. | Pacific Coast Groundfish Fishery Preservation Act - Directs the Secretary of Commerce to: (1) initiate a pilot project under which fishermen covered by the West Coast groundfish fishery may make charitable donations of fishery bycatch; (2) report on specified actions to provide disaster relief to fishing communities affected by the commercial failure in the Pacific Coast groundfish fishery; and (3) implement an expedited capacity reduction plan for such fishery, including a buyback of fishing permits and vessels, and establishment of an industry fee system to be collected by California, Oregon, and Washington and forwarded to the Secretary.Amends the Merchant Marine Act, 1936 to make a fund termination and withdrawal from the (nontaxable) capital construction fund a qualified withdrawal if done in exchange for the retirement of a commercial fishing permit and vessel. Amends the Internal Revenue Code respecting such funds to: (1) consider a withdrawal made for payment of an industry fee authorized by this Act a qualified (nontaxable) withdrawal; and (2) permit fund rollover into an individual retirement account (IRA). | {"src": "billsum_train", "title": "To expedite relief provided under the Magnuson-Stevens Fishery Conservation and Management Act for the commercial fishery failure in the Pacific Coast Groundfish Fishery, to improve fishery management and enforcement in that fishery, and for other purposes."} | 3,274 | 224 | 0.600832 | 1.691971 | 0.870414 | 3.104478 | 14.492537 | 0.915423 |
SECTION 1. LANDS TITLE REPORT COMMISSION.
(a) Establishment.--Subject to sums being provided in advance in
appropriations Acts, there is established a Commission to be known as
the Lands Title Report Commission (hereafter in this section referred
to as the ``Commission'') to facilitate home loan mortgages on Indian
trust lands. The Commission will be subject to oversight by the
Committee on Banking and Financial Services of the House of
Representatives and the Committee on Banking, Housing, and Urban
Affairs of the Senate.
(b) Membership.--
(1) Appointment.--The Commission shall be composed of 12
members, appointed not later than 90 days after the date of the
enactment of this Act as follows:
(A) 4 members shall be appointed by the President.
(B) 4 members shall be appointed by the Chairperson
of the Committee on Banking and Financial Services of
the House of Representatives.
(C) 4 members shall be appointed by the Chairperson
of the Committee on Banking, Housing, and Urban Affairs
of the Senate.
(2) Qualifications.--
(A) Members of tribes.--At all times, not less than
8 of the members of the Commission shall be members of
federally recognized Indian tribes.
(B) Experience in land title matters.--All members
of the Commission shall have experience in and
knowledge of land title matters relating to Indian
trust lands.
(3) Chairperson.--The Chairperson of the Commission shall
be one of the members of the Commission appointed under
paragraph (1)(C), as elected by the members of the Commission.
(4) Vacancies.--Any vacancy on the Commission shall not
affect its powers, but shall be filled in the manner in which
the original appointment was made.
(5) Travel expenses.--Members of the Commission shall serve
without pay, but each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with
sections 5702 and 5703 of title 5, United States Code.
(c) Initial Meeting.--The Chairperson of the Commission shall call
the initial meeting of the Commission. Such meeting shall be held
within 30 days after the Chairperson of the Commission determines that
sums sufficient for the Commission to carry out its duties under this
Act have been appropriated for such purpose.
(d) Duties.--The Commission shall analyze the system of the Bureau
of Indian Affairs of the Department of the Interior for maintaining
land ownership records and title documents and issuing certified title
status reports relating to Indian trust lands and, pursuant to such
analysis, determine how best to improve or replace the system--
(1) to ensure prompt and accurate responses to requests for
title status reports;
(2) to eliminate any backlog of requests for title status
reports; and
(3) to ensure that the administration of the system will
not in any way impair or restrict the ability of Native
Americans to obtain conventional loans for purchase of
residences located on Indian trust lands, including any actions
necessary to ensure that the system will promptly be able to
meet future demands for certified title status reports, taking
into account the anticipated complexity and volume of such
requests.
(e) Report.--Not later than the date of the termination of the
Commission under subsection (h), the Commission shall submit a report
to the Committee on Banking and Financial Services of the House of
Representatives and the Committee on Banking, Housing, and Urban
Affairs of the Senate describing the analysis and determinations made
under subsection (d).
(f) Powers.--
(1) Hearings and sessions.--The Commission may, for the
purpose of carrying out this section, hold hearings, sit and
act at times and places, take testimony, and receive evidence
as the Commission considers appropriate.
(2) Staff of federal agencies.--Upon request of the
Commission, the head of any Federal department or agency may
detail, on a reimbursable basis, any of the personnel of that
department or agency to the Commission to assist it in carrying
out its duties under this section.
(3) 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 section.
Upon request of the Chairperson of the Commission, the head of
that department or agency shall furnish that information to the
Commission.
(4) Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as other
departments and agencies of the United States.
(5) Administrative support services.--Upon the request of
the Commission, the Administrator of General Services shall
provide to the Commission, on a reimbursable basis, the
administrative support services necessary for the Commission to
carry out its duties under this section.
(6) Staff.--The Commission may appoint personnel as it
considers appropriate, subject to the provisions of title 5,
United States Code, governing appointments in the competitive
service, and shall pay such personnel in accordance with the
provisions of chapter 51 and subchapter III of chapter 53 of
that title relating to classification and General Schedule pay
rates.
(g) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $500,000. Such sums shall remain
available until expended.
(h) Termination.--The Commission shall terminate 1 year after the
date of the initial meeting of the Commission. | Subjects such Commission to the regulatory oversight of certain congressional committees on banking.
Directs the Commission to: (1) analyze and determine how best to improve or replace the system of the Bureau of Indian Affairs (Department of the Interior) for maintaining land ownership records and title documents and issuing certified title status reports pertaining to such trust lands; and (2) report to such congressional committees. Authorizes appropriations. | {"src": "billsum_train", "title": "To establish the Lands Title Report Commission to facilitate certain home loan mortgages."} | 1,144 | 88 | 0.587862 | 1.51635 | 0.384013 | 3.4625 | 13.4375 | 0.8625 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Unemployment Compensation Amendment
of 1998''.
SEC. 2. AMENDMENTS TO EXTENDED BENEFIT PROGRAM.
(a) Repeal of Certain State Law Requirements.--
(1) Section 202(a) of the Federal-State Extended
Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) is
amended by striking paragraphs (3), (4), (5), (6), and (7).
(2) Subsection (c) of section 202 of such Act is repealed.
(b) Establishment of Mandatory Triggers Based on Total
Unemployment.--
(1) Section 203(d) of such Act is amended to read as
follows:
``(d) For purposes of this section--
``(1) There is a State `on' indicator for a week if--
``(A)(i) the average rate of total unemployment in
such State (seasonally adjusted) for the period
consisting of the most recent three months for which
data for all States are published before the close of
the week equals or exceeds 7.5 percent, and
``(ii) the average rate of total unemployment in
such State (seasonally adjusted) for the 3-month period
referred to in clause (i) equals or exceeds (110
percent of such average for either (or both) of the
corresponding 3-month periods ending in the two
preceding calendar years; or
``(B) the average rate of total unemployment for
such State (seasonally adjusted) for the period
consisting of the most recent 3 months for which data
for all States are published before the close of the
week equals or exceeds 10 percent.
``(2) There is a State `off' indicator for a week unless
the requirements of subparagraphs (A) or (B) of paragraph (1)
are satisfied.''.
(2) Section 203(e) of such Act is amended--
(A) by amending the heading to read ``Determination
of Rates of Total Unemployment and Insured
Unemployment'', and
(B) in paragraph (1) by--
(i) striking ``subsection (d)'' and
inserting ``subsection (f)(2)'',
(ii) redesignating subparagraphs (A) and
(B) as clauses (i) and (ii), and
(iii) redesignating paragraph (1) as
paragraph (2)(B);
(C) in paragraph (2) by--
(i) by striking ``subsection (d)'' and
inserting ``subsection (f)(2)'', and
(ii) by redesignating paragraph (2) as
paragraph (2)(C); and
(D) by inserting the following new paragraphs (1)
and (2)(A):
``(1) For purposes of this Act, determinations of the rate
of total unemployment in any State for any period (and of any
seasonal adjustments) shall be made by the Secretary.
``(2)(A) For purposes of subsection (f)(2), the rate of
insured unemployment for any thirteen-week period shall be
determined by reference to the average monthly covered
employment under the State law for the first four of the most
recent six calendar quarters.''.
(c) Requirements for Supplemental Benefits During High Unemployment
Periods.--Section 202(b)(3)(B) of such Act is amended to read as
follows:
``(B) For purposes of subparagraph (A), the term
`high unemployment period' means any period during
which an extended benefit period would be in effect
if--
``(i) section 203(d)(1)(A)(i) was applied
by substituting `10 percent' for `7.5 percent';
``(ii) section 203(d)(1)(B) was applied by
substituting `12.5 percent' for `10 percent';
or
``(iii) in the event a State has enacted
the indicator specified in section 203(f)(1),
section 203(f)(1)(A)(i) was applied by
substituting `8 percent' for `6.5 percent'.
(d) Amendments to Alternative Trigger.--Section 203(f) of such Act
is amended--
(1) in paragraph (1), by striking ``Effective with respect
to compensation for weeks of employment beginning after March
6, 1993, the'' and inserting ``In lieu of applying the
indicator specified in subsection (d)(1)(A), a'';
(2) by amending paragraph (2) to read as follows:
``(2) A State may by law provide for the purpose of
beginning or ending any extended period under this section
that, in addition to the indicators specified in subsection (d)
and paragraph (1) of this subsection, there is a State `on'
indicator for a week if the rate of insured unemployment under
State law for the period consisting of such week and the
immediately preceding twelve weeks equals or exceeds 6
percent.''.
SEC. 3. MODIFICATION IN FEDERAL UNEMPLOYMENT ACCOUNT CEILING.
Section 902(a)(2) of the Social Security Act (42 U.S.C. 1102(a)(2))
is amended by inserting ``except that for the close of fiscal year 1998
the amount shall be equal to the amount certified for the close of
fiscal year 1997'' before the period.
SEC. 4. SPECIAL DISTRIBUTIONS TO THE STATES.
(a) In General.--Section 903(a)(3) of the Social Security Act (42
U.S.C. 1103(a)(3)) is amended--
(1) in subparagraph (A)--
(A) by inserting ``1998,'' before ``1999'', and
(B) by amending clauses (i) and (ii) to read as
follows:
``(i) be subject to subparagraphs (B) and
(C) to the extent such amounts are not in
excess of the sum of--
``(I) $20,000,000 (except that this
subclause shall not be applicable to
the close of fiscal year 2001), plus
``(II) the amount determined by the
Secretary of Labor to be the difference
between the amount necessary for the
proper and efficient administration of
the unemployment compensation program
for the succeeding fiscal year (taking
into account workload and other
appropriate factors) and--
``(aa) in the case of the
close of fiscal year 1998,
$2,420,000,000;
``(bb) in the case of the
close of each of fiscal years
1999, 2000, and 2001,
$2,412,000,000;
``(ii) be subject to subparagraph (D) to
the extent such amounts are in excess of the
sum of subclauses (I) and (II) of clause (i)'';
(2) in subparagraph (B) by striking ``(A)((i)'' and
inserting ``(A)(i)(II)'';
(3) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(4) by inserting the following new subparagraph (B):
``(B) The Secretary of Labor shall reserve the
amount specified in subparagraph (A)(i)(I) (at the
close of fiscal years 1998, 1999, and 2000) to award
grants to the States in fiscal years 1999, 2000, and
2001 to assist in the implementation of alternative
base periods for determining the eligibility of
claimants. Such alternative base periods shall reduce
the period of time between the end of the base period
for a claimant and the filing of a claim for
compensation. The amounts reserved pursuant to this
subparagraph shall be available to the Secretary of
Labor for obligation through fiscal year 2001.''.
(b) Conforming Amendment.--Section 903(c)(2) of the Social Security
Act (42 U.S.C. 1103(c)(2)) is amended in the last sentence by inserting
``1999,'' before ``2000''.
SEC. 5. SOLVENCY REQUIREMENTS.
(a) Solvency Target.--Section 903(b) of the Social Security Act (42
U.S.C. 1103(b)) is amended by adding the following new paragraph:
``(3)(A) If the Secretary of Labor finds that on December
31, 2001, a State has not achieved, or made substantial
progress toward achieving, the solvency target established
pursuant to subparagraph (B), then the amount available under
this section for transfer to such State account for the
succeeding fiscal year shall, in lieu of being so transferred,
be transferred to the States meeting the requirements of this
subsection. The transfers shall be made to such States based on
the share of funds of each such State under subsection (a)(2),
except that for purposes of this subparagraph the ratio under
subsection (a)(2) shall be adjusted by excluding the wages
attributable to the States failing to meet the requirements of
this subparagraph.
``(B)(i) For December 31, 2001, the solvency target shall
be an average high cost multiple of 1.0. For purposes of this
subparagraph, the average high cost multiple represents the
number of years a State could pay unemployment compensation
(based on the reserve ratio of such State) if the State paid
such compensation at a rate equivalent to the average benefit
cost rate such State paid in the three calendar years during
the preceding 20 calendar years (or, if longer, during the
period consisting of the preceding three recessions as
determined by the National Bureau of Economic Research) that
the benefit cost rates were the highest. For purposes of making
this determination--
``(I) the term `reserve ratio' means the ratio
determined by dividing the balance in the State account
at the end of the calendar year by the total covered
wages in the State for such year;
``(II) the term `benefit cost rate' means the rate
determined by dividing the unemployment compensation
paid during a calendar year by the total covered wages
in the State for such year; and
``(III) the ratio and rates determined under
subclauses (I) and (II) shall exclude the wages and
unemployment compensation paid by employers covered
under section 3309 of the Internal Revenue Code of
1986.
``(ii) For December 31, 2001, substantial progress towards
achieving the solvency target shall mean that a State has
reduced any difference between 1.0 and the average high cost
multiple of such State (if such multiple is less than 1.0) that
the Secretary found to exist on December 31, 1998, by an amount
equal to or exceeding 5 percent of such difference.
``(iii) The Secretary may adjust the solvency target
specified in clause (i), or the criteria for determining
whether there is substantial progress towards achieving the
solvency target specified in clause (ii), for States that
experience significant increases in unemployment during the
period between December 31, 1998 and December 31, 2001. The
Secretary shall establish objective criteria for making such
adjustments.
``(iv) A State shall include, as part of the annual State
plan relating to the administration of grants under this title,
such information as the Secretary may request relating to the
manner in which the State intends to achieve the solvency
target established pursuant to this paragraph.''.
(b) Distribution to the States for Fiscal Year 2003.--Section
903(a)of the Social Security Act (42 U.S.C. 1103(a)) is amended by
adding the following paragraph:
``(4) Notwithstanding any other provisions of this section,
with respect to any excess amount (referred to in paragraph
(1)) remaining in the employment security administration
account as of the close of fiscal year 2002, such amount
shall--
``(A) to the extent of any amount not in excess of
$2,600,000,000 be subject to paragraphs (1) and (2),
and
``(B) to the extent of any amount in excess of
$2,600,000,000 be retained in the employment security
administration account.''.
SEC. 6. EXTENSION OF SELF-EMPLOYMENT ASSISTANCE.
Paragraph (2) of section 507(e) of the North American Free Trade
Agreement Implementation Act (26 U.S.C. 3306 note) is amended by
striking ``5 years after the date of enactment of this Act'' and
inserting ``on December 8, 2008''.
SEC. 7. TREATMENT OF SHORT-TIME COMPENSATION PROGRAMS.
(a) General Rule.--Section 3306 of the Internal Revenue Code of
1986 (26 U.S.C. 3306) is amended by adding at the end thereof the
following new subsection:
``(u) Short-Time Compensation Program.--For purposes of this
chapter, the term `short-time compensation program' means a program
under which--
``(1) the participation of an employer is voluntary;
``(2) an employer reduces the number of hours worked by
employees in lieu of temporary layoffs;
``(3) such employees whose workweeks have been reduced by
at least 10 percent are eligible for unemployment compensation;
``(4) the amount of unemployment compensation payable to
any such employee is a pro rata portion of the unemployment
compensation which would be payable to the employee if such
employee were totally unemployed;
``(5) such employees are not required to meet the
availability for work or work search test requirements while
collecting short-time compensation benefits, but are required
to be available for their normal workweek;
``(6) eligible employees may participate in an employer-
sponsored training program to enhance job skills if such
program has been approved by the State agency;
``(7) the State agency may require an employer to continue
to provide health benefits, and retirement benefits under a
defined benefit pension plan (as defined in section 414(j)) to
any employee whose workweek is reduced pursuant to the program
as though the workweek of such employee had not been reduced;
``(8) the State agency may require an employers' (or an
employer's association which is party to a collective
bargaining agreement) to submit a written plan describing the
manner in which the requirements of this subsection will be
implemented and containing such other information as the
Secretary of Labor determines is appropriate; and
``(9) the program meets such other requirements as the
Secretary of Labor determines are appropriate.''.
(b) Conforming Amendments.--
(1) Subparagraph (E) of section 3304(a)(4) of such Code (26
U.S.C. 3304(a)(4)(E)) is amended to read as follows:
``(E) amounts may be withdrawn for the payment of
short-time compensation under a short-time compensation
program (as defined under section 3306(u));''.
(2) Paragraph (4) of section 3306(f) of such Code (26
U.S.C. 3306(f)(4)) is amended to read as follows:
``(4) amounts may be withdrawn for the payment of short-
time compensation under a short-time compensation program (as
defined under subsection (u));''.
(3) Section 303(a)(5) of the Social Security Act (42 U.S.C.
503(a)(5)) is amended by striking ``the payment of short-time
compensation under a plan approved by the Secretary of Labor''
and inserting ``the payment of short-time compensation under a
short-time compensation program (as defined in section 3306(u)
of the Internal Revenue Code of 1986).''.
SEC. 8. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), the
provisions of this Act shall take effect on the date of enactment.
(b) Extended Benefit Amendments.--
(1) Except as provided in paragraph (2), the provisions of
section 2 of this Act shall take effect for the weeks beginning
after the date that is two years after the date of enactment of
this Act.
(2) Pursuant to the enactment of appropriate provisions of
the State law the provisions of section 2 may take effect for
weeks which begin earlier than the weeks specified in paragraph
(1), but not earlier than 60 days after the enactment of this
Act. | Unemployment Compensation Amendment of 1998 - Amends the Federal-State Extended Unemployment Compensation Act of 1970 to: (1) repeal certain State law requirements under the extended unemployment compensation benefit program; (2) establish certain mandatory triggers based on total unemployment; (3) revise requirements for supplemental benefits during high unemployment periods; and (4) modify provisions for alternative triggers that States may establish.
Amends title IX (Employment Security Administrative Financing) of the Social Security Act (SSA) to modify the ceiling on the Federal Unemployment Account.
Provides for special distributions of funds to the States under SSA title IX.
Directs the Secretary of Labor to reserve specified amounts for grants to States to assist in implementing alternative base periods for determining the eligibility of claimants for unemployment compensation.
Requires States to achieve or make substantial progress toward achieving certain solvency targets for their unemployment compensation accounts. Directs the Secretary to transfer to other States' accounts the amount that would otherwise be transferred to the account of a State that violates such requirement under SSA title IX.
Revises SSA title IX requirements for distribution to States of certain excess amounts in the Employment Security Administration Account as of the close of FY 2002.
Amends the North American Free Trade Agreement Implementation Act to extend the self-employment assistance program.
Amends the Federal Unemployment Tax Act (FUTA) under the Internal Revenue Code to set forth requirements for treatment of short-time compensation programs. | {"src": "billsum_train", "title": "Unemployment Compensation Amendment of 1998"} | 3,601 | 313 | 0.524155 | 1.498495 | 0.780038 | 2.523466 | 11.844765 | 0.862816 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Accelerating the
End of Breast Cancer Act of 2012''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Establishment.
Sec. 4. Mission; duties.
Sec. 5. Membership.
Sec. 6. Chairperson; program managers.
Sec. 7. Coordination and nonduplication.
Sec. 8. Evaluation of the Commission.
Sec. 9. Authorization of funding.
Sec. 10. Termination.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) In the United States, the chance of a woman developing
breast cancer during her lifetime has increased from 1 in 11 in
1975 to 1 in 8 today.
(2) Worldwide, breast cancer is the most frequently
diagnosed cancer in women with 1,300,000 cases each year.
Breast cancer is also the leading cause of cancer death in
women, with more than 500,000 women dying from the disease
worldwide in 2010.
(3) More than 90 percent of deaths from breast cancer are
caused by metastasis, which occurs when cancerous cells spread
to other organs or bone.
(4) The National Cancer Institute estimated that breast
cancer care in the United States cost $16,500,000,000 in 2009,
and cost the nation $12,100,000,000 in lost productivity.
(5) Over the past 40 years, very little has improved the
incidence, morbidity, and mortality rates of breast cancer.
SEC. 3. ESTABLISHMENT.
There shall be established a commission to be known as the
Commission to Accelerate the End of Breast Cancer (in this Act referred
to as the ``Commission'').
SEC. 4. MISSION; DUTIES.
(a) Mission.--The mission of the Commission shall be to help end
breast cancer by January 1, 2020.
(b) Duties.--The Commission shall--
(1) identify opportunities and ideas within the public and
private sectors, basic and applied sciences, and epidemiology
that can be turned into real world strategies to prevent breast
cancer and breast cancer metastasis;
(2) recommend projects to leverage such opportunities and
ideas in the areas of--
(A) the primary prevention of breast cancer; and
(B) the causes and prevention of breast cancer
metastasis;
(3) promote ideas that are intellectually compelling and
innovative;
(4) accelerate potentially transformational scientific
advances that are--
(A) not being prioritized within the Federal
Government but which can help to achieve the mission
described in subsection (a); and
(B) unlikely to be achieved by the private sector
due to technical and financial uncertainty;
(5) identify promising but underdeveloped areas of research
that would benefit from a cluster of support from government,
industry, and academia to rapidly advance knowledge into
practice; and
(6) create opportunities for transdisciplinary, cross-
cutting collaborations.
(c) Strategic Vision.--Not later than 6 months after the
appointment of the initial members of the Commission, the Commission
shall submit to the President and to the relevant authorizing and
appropriations committees of Congress, a description of the
Commission's strategic vision for its role in achieving the mission
described in subsection (a) by January 1, 2020.
(d) Annual Report.--Not later than January 15, 2013, and annually
thereafter, the Commission shall submit an annual report to the
President, Congress, and the public describing--
(1) the Commission's activities under this section,
including its progress in achieving the mission described in
subsection (a); and
(2) the amount of funding expended by the Commission in the
preceding year and the activities carried out with such funds.
SEC. 5. MEMBERSHIP.
(a) Number; Appointment.--The Commission shall be composed of not
more than 10 members who shall be appointed by the President, by and
with the advice and consent of the Senate.
(b) Composition.--
(1) In general.--Each member of the Commission shall be
appointed to represent one of the following 3 categories:
(A) Representatives of varied disciplines within
the biomedical research field.
(B) Representatives of varied disciplines outside
of the biomedical research field.
(C) Educated patient advocates, including
individuals who--
(i) represent a patient-led, patient-
centered organization with a patient
constituency;
(ii) have been personally affected by
breast cancer; and
(iii) are trained, knowledgeable, and
prepared to participate in the decision-making
process of science and medicine.
(2) Representation of membership categories.--Of the
members of the Commission--
(A) at least 1, but not more than 3, shall be
appointed to represent the category described in
paragraph (1)(A);
(B) at least 1, but not more than 3, shall be
appointed to represent the category described in
paragraph (1)(B); and
(C) at least 2, but not more than 4, shall be
appointed to represent the category described in
paragraph (1)(C).
(c) Initial Members.--The initial members of the Commission shall
be appointed not later than 60 days after the date of the enactment of
this Act.
(d) Terms.--
(1) In general.--Each member of the Commission shall be
appointed for a term of 3 years and may be reappointed.
(2) Vacancies.--Any member of the Commission appointed to
fill a vacancy occurring before the expiration of the term for
which the member's predecessor was appointed shall be appointed
only for the remainder of that term. A member may serve after
the expiration of that member's term until a successor has
taken office. A vacancy in the Commission shall be filled in
the manner in which the original appointment was made.
(e) Quorum.--Three members of the Commission shall constitute a
quorum.
SEC. 6. CHAIRPERSON; PROGRAM MANAGERS.
(a) Chairperson.--
(1) Designation.--Of the members of the Commission
appointed under section 5(a), the President shall at the time
of the appointment, designate one such member who meets the
qualification requirement of paragraph (2) to serve as the
Chairperson of the Commission.
(2) Qualifications.--To be selected as Chairperson under
paragraph (1), a member shall be an individual who, by reason
of professional background and experience, is especially
qualified to manage areas of study pertaining to ending breast
cancer by January 1, 2020.
(3) Responsibilities.--The responsibilities of the
Chairperson shall include--
(A) approving areas of study of the Commission
based on innovation, impact, and scientific and
technical merit;
(B) developing criteria (including milestones) for
assessing, and overseeing the assessment of, the
success of areas of study of the Commission;
(C) terminating areas of study of the Commission
that are not achieving the mission described in section
4(a); and
(D) appointing staff as necessary to aid in
carrying out the mission described in section 4(a).
(b) Program Managers.--
(1) In general.--The Chairperson of the Commission may
designate members of the Commission who may act as program
managers to oversee one or more areas of study of the
Commission.
(2) Responsibilities.--A member designated under paragraph
(1) shall, with respect to one or more areas of study, be
responsible for--
(A) recommending novel proposals, projects, and
collaborations based on scientific and technical merit
to achieve the mission described in section 4(a) with a
focus on strategies for the primary prevention of
breast cancer, and methods to prevent breast cancer
metastasis;
(B) identifying innovative ideas and opportunities
to achieve the mission described in section 4(a),
including such ideas and opportunities not being
prioritized for breast cancer relevance within Federal
agencies or programs or the private sector;
(C) working with other relevant Federal agencies to
identify areas of concurrent interests in order to
maximize Federal investment and stimulate collaborative
projects;
(D) creating opportunities for transdisciplinary,
cross-cutting collaborations;
(E) using the authorized funds of the Commission,
subject to the approval of the Chairperson--
(i) to convene workshops and confer with
experts in both the public and private sector;
(ii) to build collaborations for
identifying areas of study;
(iii) to identify all areas where resources
could be leveraged; and
(iv) to carry out other functions of the
Commission that are approved by the Chairperson
and necessary to carry out the mission
described in section 4(a); and
(F) to monitor the progress of areas of study and
recommend restructure or termination.
SEC. 7. COORDINATION AND NONDUPLICATION.
To the maximum extent practicable, the Commission shall ensure that
the activities of the Commission are coordinated with, and do not
duplicate the efforts of, programs and laboratories of other government
agencies.
SEC. 8. EVALUATION OF THE COMMISSION.
(a) In General.--The President shall enter into an agreement with
the Institute of Medicine of the National Academy of Sciences under
which the Institute, after the Commission has been in operation for 3
years, shall complete an evaluation of how well the Commission is
making progress towards achieving the mission described in section
4(a).
(b) Inclusions.--The evaluation under subsection (a) shall
include--
(1) a recommendation on whether the Commission should be
continued or terminated; and
(2) a description of lessons learned from operation of the
Commission.
(c) Availability.--On completion of the evaluation under subsection
(a), the Commission shall make the evaluation available to the Congress
and the public.
SEC. 9. AUTHORIZATION OF FUNDING.
(a) Fund.--There is established in the Treasury of the United
States a fund, to be known as the ``Accelerating the End of Breast
Cancer Fund'', which shall be administered by the Chairperson, as
defined in section 6(a), for the purpose of carrying out this section.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Chairperson for deposit in the Fund, without fiscal
year limitation--
(1) $8,000,000 for fiscal year 2012;
(2) $12,000,000 for each of fiscal years 2013 and 2014; and
(3) such sums as may be necessary for each fiscal year
thereafter until the Commission is terminated.
(c) Limitation.--None of the amounts appropriated for a fiscal year
under subsection (b) shall be used for the operation or construction of
any laboratories or pilot plants.
SEC. 10. TERMINATION.
The Commission shall terminate on June 1, 2020. | Accelerating the End of Breast Cancer Act of 2012 - Establishes the Commission to Accelerate the End of Breast Cancer to help end breast cancer by January 1, 2020.
Directs the Commission to: (1) identify opportunities and ideas within the public and private sectors, basic and applied sciences, and epidemiology that can be turned into real world strategies to prevent breast cancer and breast cancer metastasis; (2) recommend projects to leverage such opportunities and ideas in the areas of the primary prevention of breast cancer and the causes and prevention of breast cancer metastasis; (3) promote ideas that are intellectually compelling and innovative; (4) accelerate potentially transformational scientific advances that are not being prioritized within the federal government and that are unlikely to be achieved by the private sector; (5) identify promising but underdeveloped areas of research that would benefit from a cluster of support from government, industry, and academia to rapidly advance knowledge into practices; (6) create opportunities for transdisciplinary, cross-cutting collaborations; (7) submit its strategic vision within six months after its initial members are appointed; and (8) ensure that its activities are coordinated with, and do not duplicate the efforts of, programs and laboratories of other government agencies.
Directs the President to enter into an agreement with the Institute of Medicine for an evaluation of the Commission's progress.
Establishes the Accelerating the End of Breast Cancer Fund to carry out this Act.
Terminates the Commission on June 1, 2020. | {"src": "billsum_train", "title": "A bill to provide for the establishment of a Commission to Accelerate the End of Breast Cancer."} | 2,294 | 300 | 0.604436 | 1.961743 | 1.144421 | 6.178947 | 7.761404 | 0.97193 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native American Indian Education
Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Nontribal colleges that serve Native American Indian
students have a valuable supplemental role to that provided by
tribally controlled community colleges in making available
educational opportunities to Native American Indian students.
(2) Some 4-year colleges serve Native American Indian
students by providing tuition-free education, with the support
of the State in which the institutions are located, as mandated
by Federal statute, to hundreds of Native American Indian
students in fulfillment of a condition under which the United
States provided land and facilities for colleges to a State or
college.
(3) The value of the Native American Indian student tuition
waiver benefits contributed by these colleges and the States
that support them today far exceeds the value of the original
grant of land and facilities.
(4) The ongoing financial burden of meeting this Federal
mandate to provide tuition-free education to Native American
Indian students is no longer equitably shared among the States
and colleges because it does not distinguish between Native
American Indian students who are residents of the State or of
another State.
(5) In fiscal year 2012, the State of Colorado paid
approximately $13,000,000 in tuition fees to support the
education of Native American Indian students at Fort Lewis
College in Colorado. In the State of Minnesota, the University
of Minnesota waived $2,600,000 in tuition for Native American
Indian students in fiscal year 2012.
(6) Native American Indian student tuition waiver benefits
are now at risk of being terminated by severe budget
constraints being experienced by these colleges and the States
which support them.
(b) Purpose.--It is the purpose of this Act to ensure that Federal
funding is provided in order to relieve constrained State education
budgets and to support and sustain the longstanding Federal mandate
requiring colleges and States to waive, in certain circumstances,
tuition charges for Native American Indian students admitted to an
undergraduate college program, including the waiver of tuition charges
for Native American Indian students who are not residents of the State
in which the college is located.
SEC. 3. STATE RELIEF FROM FEDERAL MANDATE.
Part A of title III of the Higher Education Act of 1965 (20 U.S.C.
1057 et seq.) is amended by inserting after section 319 the following:
``SEC. 319A. STATE RELIEF FROM FEDERAL HIGHER EDUCATION MANDATE.
``(a) Amount of Payment.--
``(1) In general.--Subject to paragraphs (2) and (3), for
fiscal year 2014 and each succeeding fiscal year, the Secretary
shall pay to any eligible college an amount equal to the
charges for tuition for such year for all Native American
Indian students who--
``(A) are not residents of the State in which the
college is located; and
``(B) are enrolled in the college for the academic
year ending before the beginning of such fiscal year.
``(2) Eligible colleges.--For purposes of this section, an
eligible college is any institution of higher education serving
Native American Indian students that provides tuition-free
education as mandated by Federal statute, with the support of
the State in which it is located, to Native American Indian
students in fulfillment of a condition under which the college
or State received its original grant of land and facilities
from the United States.
``(3) Limitation.--The amount paid to any eligible college
for each fiscal year under paragraph (1) may not exceed the
amount equal to the charges for tuition for all Native American
Indian students of that college who were not residents of the
State in which the college is located and who were enrolled in
the college for academic year 2012-2013.
``(b) Treatment of Payment.--Any amounts received by an eligible
college under this section shall be treated as a reimbursement from the
State in which the college is located, and shall be considered as
provided in fulfillment of any Federal mandate upon the State to admit
Native American Indian students free of charge of tuition.
``(c) Rule of Construction.--Nothing in this section shall be
construed to relieve any State from any mandate the State may have
under Federal law to reimburse a college for each academic year--
``(1) with respect to Native American Indian students
enrolled in the college who are not residents of the State in
which the college is located, any amount of charges for tuition
for such students for such academic year that exceeds the
amount received under this section for such academic year; and
``(2) with respect to Native American Indian students
enrolled in the college who are residents of the State in which
the college is located, an amount equal to the charges for
tuition for such students for such academic year.
``(d) Definition of Native American Indian Students.--In this
section, the term `Native American Indian students' includes reference
to the term `Indian pupils' as that term has been utilized in Federal
statutes imposing a mandate upon any college or State to provide
tuition-free education to Native American Indian students in
fulfillment of a condition under which the college or State received
its original grant of land and facilities from the United States.''.
SEC. 4. OFFSET.
(a) In General.--Notwithstanding any other provision of law,
$15,000,000 in appropriated discretionary funds are hereby rescinded,
on a pro rata basis, by account, from all available unobligated funds.
(b) Implementation.--The Director of the Office of Management and
Budget shall determine and identify from which appropriation accounts
the rescission under subsection (a) shall apply and the amount of such
rescission that shall apply to each such account. Not later than 60
days after the date of enactment of this Act, the Director of the
Office of Management and Budget shall submit a report to the Secretary
of the Treasury and Congress of the accounts and amounts determined and
identified for rescission under the preceding sentence.
(c) Exception.--This section shall not apply to the unobligated
funds of the Department of Defense, the Department of Veterans Affairs,
or the Department of Education, or any unobligated funds available to
the Department of the Interior for the postsecondary education of
Native American Indian students. | Native American Indian Education Act - Amends the Higher Education Act of 1965 to direct the Secretary of Education to pay institutions of higher education the out-of-state tuition of their Indian students if the schools are required to provide a tuition-free education, with the support of their state, to Native American Indian students in fulfillment of a condition under which the college or state received its original grant of land and facilities from the federal government. Limits that payment each fiscal year to the institution's total out-of-state tuition for Native American Indian students in academic year 2012-2013. Treats such payments as reimbursements to such institutions from their states. Rescinds unobligated discretionary appropriations to offset the costs of this program. | {"src": "billsum_train", "title": "Native American Indian Education Act"} | 1,353 | 156 | 0.606422 | 1.658449 | 0.661656 | 3.557971 | 9.376812 | 0.847826 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Passenger Protection Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The annual losses in the United States from motor
vehicle collisions are estimated to exceed 800 deaths and
80,000 injuries to children under the age of 5.
(2) It is estimated that properly used child restraints in
motor vehicles can reduce the chance of serious or fatal injury
in a motor vehicle collision--
(A) by a factor of 69 percent with respect to
infants; and
(B) by a factor of 47 percent with respect to
children under the age of 5.
(3) Some of the most common seating position designs that
have emerged in motor vehicles during the last decade make
secure installation of child restraints difficult and, in some
circumstances, impossible.
(4) Results from regional child restraint clinics
demonstrated that 70 to 90 percent of child restraints are
improperly installed or otherwise misused and the improper
installation or other misuse is largely attributable to the
complication and wide variations in seat belt and child
restraint designs.
(5) There is an immediate need to expand the availability
of national, State, and local child restraint education
programs and supporting resources and materials to assist
agencies and associated organizations in carrying out effective
public education concerning child restraints.
SEC. 3. DEFINITIONS.
In this Act:
(1) Child restraint education program.--The term ``child
restraint education program'' includes a publication,
audiovisual presentation, demonstration, or computerized child
restraint education program.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(3) State.--The term ``State'' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the United States Virgin Islands, Guam, American
Samoa, the Northern Mariana Islands, and any other territory or
possession of the United States.
SEC. 4. CHILD PASSENGER EDUCATION.
(a) Awards.--The Secretary may enter into contracts or cooperative
agreements with, and may make grants to, State highway agencies and
child passenger safety organizations that are recognized for their
experience to obtain and distribute national, State, and local child
restraint education programs and supporting educational materials.
(b) Use of Funds.--Funds provided to an agency or organization
under a contract, cooperative agreement, or grant under subsection (a)
shall be used to implement child restraint programs that--
(1) are designed to prevent deaths and injuries to children
under the age of 5; and
(2) educate the public concerning--
(A) all aspects of the proper installation of child
restraints using standard seatbelt hardware,
supplemental hardware and modification devices (if
needed), including special installation techniques; and
(B) appropriate child restraint design selection
and placement and in harness threading and harness
adjustment; and
(3) train and retrain child passenger safety professionals,
police officers, fire and emergency medical personnel, and
other educators concerning all aspects of child restraint use.
(c) Distribution of Funds.--An agency or organization that receives
funds made available to the agency or organization under a contract,
cooperative agreement, or grant under subsection (a) shall, in carrying
out subsection (b)--
(1) use not more than 25 percent of those funds to support
nationwide child restraint education programs that are in
operation at the time that the funds are made available;
(2) use not more than 25 percent of those funds to support
State child restraint education programs that are in operation
at the time that the funds are made available; and
(3) use at least 50 percent of those funds to implement
national, State, and local child restraint education programs
that are not in operation at the time that the funds are made
available.
SEC. 5. APPLICATIONS AND REPORTS.
(a) Applications.--To enter into a contract, cooperative agreement,
or grant agreement under section 4(a), the appropriate official of an
agency or organization described in that section shall submit an
application to the Secretary at such time, in such manner, and
accompanied by such information as the Secretary may reasonably
require.
(b) Reports.--
(1) In general.--The appropriate official of each agency or
organization that enters into a contract, cooperative
agreement, or grant agreement under section 4(a) shall prepare
and submit to the Secretary, an annual report for the period
covered by the contract, cooperative agreement, or grant
agreement.
(2) Reports.--A report described in paragraph (1) shall--
(A) contain such information as the Secretary may
require; and
(B) at a minimum, describe the program activities
undertaken with the funds made available under the
contract, cooperative agreement, or grant agreement,
including--
(i) any child restraint education program
that has been developed directly or indirectly
by the agency or organization and the target
population of that program;
(ii) support materials for such a program
that have been obtained by that agency or
organization and the method by which the agency
or organization distributed those materials;
and
(iii) any initiatives undertaken by the
agency or organization to develop public-
private partnerships to secure non-Federal
support for the development and distribution of
child restraint education programs and
materials.
SEC. 6. REPORT TO CONGRESS.
Not later than 1 year after the date of enactment of this Act, and
annually thereafter, the Secretary shall prepare, and submit to
Congress, a report on the implementation of this Act that includes a
description of the programs undertaken and materials developed and
distributed by the agencies and organizations that receive funds under
section 4(a).
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
For the purpose of carrying out section 4, there are authorized to
be appropriated to the Department of Transportation $7,500,000 for each
of fiscal years 1998 and 1999, of which not more than $350,000 may be
spent in any fiscal year for administrative costs. | Child Passenger Protection Act - Authorizes the Secretary of Transportation to enter into contracts with, and make grants to, State highway offices and experienced child passenger safety organizations to distribute national, State, and local motor vehicle child restraint education programs and supporting educational materials.
Authorizes appropriations. | {"src": "billsum_train", "title": "Child Passenger Protection Act"} | 1,291 | 64 | 0.55728 | 1.349841 | 1.223472 | 3.716981 | 23.415094 | 0.924528 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Aeronautics Competitiveness Act of
2007''.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR THE NATIONAL AERONAUTICS
AND SPACE ADMINISTRATION FOR AERONAUTICS.
(a) Authorization of Appropriations.--There is hereby authorized to
be appropriated for the National Aeronautics and Space Administration
for Science, Aeronautics, and Exploration and available for Aeronautics
Research amounts as follows:
(1) For fiscal year 2009, $1,089,000,000.
(2) For fiscal year 2010, $1,198,000,000.
(3) For fiscal year 2011, $1,250,000,000.
(b) Supplement Not Supplant.--The amounts authorized to be
appropriated and available for a fiscal year under subsection (a) for
the purposes specified in that subsection are in addition to any other
amounts authorized to be appropriated and make available for such
fiscal year for that purpose.
SEC. 3. ADVISORY COMMITTEE ON PRIORITIES IN AERONAUTICS RESEARCH.
(a) Advisory Committee Required.--The Administrator of the National
Aeronautics and Space Administration shall establish an advisory
committee of experts from the private sector to provide advice and
consultation to the Administrator in priorities in aeronautics research
conducted by the Administration.
(b) Members.--The members of the advisory committee established
under subsection (a) shall include representatives of commercial
aviation groups, general aviation groups, aviation labor groups,
aeronautics research and development agencies, aircraft and systems
manufacturers, academia, and aircraft and air traffic control
suppliers.
SEC. 4. DEVELOPMENT OF AERONAUTICS TECHNOLOGIES TO DEMONSTRATION LEVEL.
(a) In General.--The Administrator of the National Aeronautics and
Space Administration shall carry out activities to develop particular
aeronautics technologies, including technologies for the Next
Generation Air Transportation System, to a level of readiness that will
permit the demonstration of such technologies, or a system or subsystem
model or prototype incorporating such technologies, in an appropriate
environment.
(b) Consultation.--The Administrator shall carry out activities
under this section in consultation with the advisory committee
established under section 3.
SEC. 5. AERONAUTICS SCHOLARSHIPS.
(a) Expansion of Number of NASA Aeronautics Scholarships.--Section
431 of the National Aeronautics and Space Administration Authorization
Act of 2005 (42 U.S.C. 16741) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Maximum Number of Scholarships.--The maximum number of
scholarships awarded under this section that are in force at any one
time may not exceed seven scholarships.''.
(b) Fellowships for Graduate Research in Aviation or Aeronautics.--
(1) In general.--The Administrator of the Federal Aviation
Administration shall carry out a program to provide fellowships
for students enrolled in institutions of higher education in
graduate programs in aviation or aeronautics for the conduct by
such students of research in aviation or aeronautics.
(2) Maximum number of fellowships.--The maximum number of
fellowships awarded under the program that are in force at any
one time may not exceed seven fellowships.
(3) Other program requirements.--The Administrator shall
prescribe such requirements for the program as the
Administrator considers appropriate, including qualifications
for the award of fellowships under the program and the amount
and duration of fellowships awarded under the program.
SEC. 6. PAYMENTS TO CONTRACTORS FOR COSTS OF EDUCATION AND PROFESSIONAL
DEVELOPMENT OF AERONAUTICS WORKFORCES.
(a) In General.--Chapter 139 of title 10, United States Code, is
amended by inserting after section 2372 the following new section:
``Sec. 2372a. Education and professional development of aeronautics
workforces: payments to contractors
``(a) Regulations.--The Secretary of Defense shall prescribe
regulations governing the payment, by the Department of Defense, of
expenses incurred by contractors for costs of education and
professional development of their aeronautics workforce.
``(b) Costs Allowable as Indirect Expenses.--The regulations
prescribed pursuant to subsection (a) shall provide that costs of
education and professional development of the aeronautics workforce
shall be allowable as indirect expenses on covered contracts to the
extent that those costs are allocable, reasonable, and not otherwise
unallowable by law or under the Federal Acquisition Regulation.
``(c) Definitions.--In this section:
``(1) The term `aeronautics workforce' means personnel
employed as engineers or scientists engaged in the development
and manufacture of aeronautics technologies.
``(2) The term `covered contract' has the meaning given
that term in section 23724(l) of this title.
``(3)(A) The term `education and professional development',
in the case of an aeronautics workforce, means each of the
following:
``(i) The acquisition by personnel of the workforce
of general knowledge of science and engineering.
``(ii) The development among personnel of the
workforce of powers of reasoning and judgement.
``(iii) The participation of personnel of the
workforce in technical conferences and professional
society technical committees relating to aeronautics.
``(iv) The participation of personnel of the
workforce in government advisory boards or commissions
on aeronautics for which participation the government
provides no compensation.
``(B) The term does not include the acquisition by
personnel of an aeronautics workforce of vocational or
practical skills for an immediate and specific job task or
purpose.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 139 of such title is amended by inserting after the item
relating to section 2372 the following new item:
``2372a. Education and professional development of aeronautics
workforces: payments to contractors.''. | Aeronautics Competitiveness Act of 2007 - Authorizes appropriations for FY2009-FY2011 for the National Aeronautics and Space Administration (NASA) for Science, Aeronautics, and Exploration for aeronautics research.
Establishes an advisory committee on priorities in aeronautics research.
Requires the NASA Administrator to develop particular aeronautics technologies, including for the Next Generation Air Transportation System, to a demonstration ready level.
Sets the maximum number of NASA aeronautics scholarships at no more than seven at any one time. Requires the Administrator of the Federal Aviation Administration (FAA) to establish a program to provide fellowships for graduate students in research in aviation or aeronautics.
Requires the Secretary of the Department of Defense (DOD) to prescribe regulations governing DOD's payment of contractors' costs for education and professional development of their aeronautics workforce. | {"src": "billsum_train", "title": "A bill to enhance United States competitiveness in aeronautics, and for other purposes."} | 1,356 | 205 | 0.590707 | 1.601036 | 0.913109 | 3.1 | 7.566667 | 0.886667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Food Stamp Fairness and Benefit
Restoration Act of 2007''.
SEC. 2. ENDING BENEFIT EROSION.
Section 5(e)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2014(e)(1))
is amended--
(1) in subparagraph (A)(ii)--
(A) by striking ``Notwithstanding clause (i)'' and
inserting the following:
``(I) In general.--Notwithstanding
clause (i) and except as provided in
subclause (II)''; and
(B) by adding at the end the following:
``(II) Inflation adjustment.--On
October 1, 2008, and each October 1
thereafter, each of the amounts
specified in subclause (I) shall be
adjusted to the nearest lower dollar
increment to reflect changes for the
12-month period ending on the preceding
June 30 in the Consumer Price Index for
All Urban Consumers published by the
Bureau of Labor Statistics of the
Department of Labor, for items other
than food.''; and
(2) in subparagraph (B)(ii)--
(A) by striking ``Notwithstanding clause (i)'' and
inserting the following:
``(I) In general.--Notwithstanding
clause (i) and except as provided in
subclause (II)''; and
(B) by adding at the end the following:
``(II) Inflation adjustment.--On
October 1, 2008, and each October 1
thereafter, the amount specified in
subclause (I) shall be adjusted to the
nearest lower dollar increment to
reflect changes for the 12-month period
ending on the preceding June 30 in the
Consumer Price Index for All Urban
Consumers published by the Bureau of
Labor Statistics of the Department of
Labor, for items other than food.''.
SEC. 3. SUPPORTING WORKING FAMILIES WITH CHILD CARE EXPENSES.
Section 5(e)(3)(A) of the Food Stamp Act of 1977 (7 U.S.C.
2014(e)(3)(A)) is amended by striking ``, the maximum allowable level
of which shall be $200 per month for each dependent child under 2 years
of age and $175 per month for each other dependent,''.
SEC. 4. ENCOURAGING RETIREMENT AND EDUCATION SAVINGS AMONG FOOD STAMP
RECIPIENTS.
(a) Allowable Financial Resources.--Section 5(g) of the Food Stamp
Act of 1977 (7 U.S.C. 2014(g)) is amended--
(1) by striking ``(g)(1) The Secretary'' and inserting the
following:
``(g) Allowable Financial Resources.--
``(1) Total amount.--
``(A) In general.--The Secretary'';
(2) in subparagraph (A) (as designated by paragraph (1)--
(A) by inserting ``(as adjusted in accordance with
subparagraph (B))'' after ``$2,000''; and
(B) by inserting ``(as adjusted in accordance with
subparagraph (B))'' after ``$3,000''; and
(3) by adding at the end the following:
``(B) Adjustment for inflation.--
``(i) In general.--Beginning on October 1,
2007, and each October 1 thereafter, the
amounts in subparagraph (A) shall be adjusted
to the nearest $100 increment to reflect
changes for the 12-month period ending the
preceding June in the Consumer Price Index for
All Urban Consumers published by the Bureau of
Labor Statistics of the Department of Labor.
``(ii) Requirement.--Each adjustment under
clause (i) shall be based on the unrounded
amount for the prior 12-month period.''.
(b) Exclusion of Retirement Accounts From Countable Financial
Resources.--
(1) In general.--Section 5(g)(2)(B)(v) of the Food Stamp
Act of 1977 (7 U.S.C. 2014(g)(2)(B)(v)) is amended by striking
``or retirement account (including an individual account)'' and
inserting ``account''.
(2) Mandatory and discretionary exclusions.--Section 5(g)
of the Food Stamp Act of 1977 (7 U.S.C. 2014(g)) is amended by
adding at the end the following:
``(7) Exclusion of retirement accounts from countable
financial resources.--
``(A) Mandatory exclusions.--The Secretary shall
exclude from financial resources under this subsection
the value of any funds in a plan, contract, or account,
described in sections 401(a), 403(a), 403(b), 408,
408A, 457(b), and 501(c)(18) of the Internal Revenue
Code of 1986 and the value of funds in a Federal Thrift
Savings Plan account as provided in section 8439 of
title 5, United States Code.
``(B) Discretionary exclusions.--The Secretary may
exclude from financial resources under this subsection
the value of any other retirement plans, contracts, or
accounts (as determined by the Secretary through
regulation).''.
(c) Exclusion of Education Accounts From Countable Financial
Resources.--Section 5(g) of the Food Stamp Act of 1977 (7 U.S.C.
2014(g)) (as amended by subsection (b)) is amended by adding at the end
the following:
``(8) Exclusion of education accounts from countable
financial resources.--
``(A) Mandatory exclusions.--The Secretary shall
exclude from financial resources under this subsection
the value of any funds in a qualified tuition program
described in section 529 of the Internal Revenue Code
of 1986 or in a Coverdell education savings account
under section 530 of that Code.
``(B) Discretionary exclusions.--The Secretary may
exclude from financial resources under this subsection
the value of any other education programs, contracts,
or accounts (as determined by the Secretary through
regulation).''.
SEC. 5. FAIRNESS FOR LEGAL IMMIGRANTS.
(a) In General.--Section 6 of the Food Stamp Act of 1977 (7 U.S.C.
2015) is amended by striking subsection (f) and inserting the
following:
``(f) Aliens.--
``(1) Eligibility.----Notwithstanding sections 401(a),
402(a), and 403(a) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611(a),
1612(a), 1613(a)), an alien who is lawfully residing in the
United States may not be ineligible for the food stamp program
on the basis of--
``(A) the immigration status of the alien; or
``(B) the date the alien entered the United States.
``(2) Consideration of income.--The income (less, at State
option, a pro rata share) and financial resources of the
individual rendered ineligible to participate in the food stamp
program under this subsection shall be considered in
determining the eligibility and the value of the allotment of
the household of which the individual is a member.''.
(b) Clarifying Eligibility.--Section 421(d)(3) of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (8
U.S.C. 1631(d)(3)) is amended by striking ``to the extent that a
qualified alien is eligible under section 1612(a)(2)(J) of this title''
and inserting ``to the extent that a child is a member of a household
receiving food stamps under that Act''.
(c) Ensuring Proper Screening.--Section 11(e)(2)(B) of the Food
Stamp Act of 1977 (7 U.S.C. 2020(e)(2)(B)) is amended--
(1) by redesignating clauses (vi) and (vii) as clauses
(vii) and (viii), respectively; and
(2) by inserting after clause (v) the following:
``(vi) shall provide a method for
implementing section 421 of the Personal
Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1631) that
does not require any unnecessary information
from individuals who may be exempt from that
section;''.
(d) Simplified Administrative Reporting Requirement.--Section 11(a)
of the Food Stamp Act of 1977 (7 U.S.C. 2020(a)) is amended by adding
at the end the following: ``Notwithstanding subsection (e)(2) of
section 421 of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1631(e)(2)), the administrative
reporting requirement under that subsection shall be satisfied by the
submission of an aggregate report on the numbers of exceptions granted
under that subsection each year.''.
SEC. 6. FOOD STAMP ELIGIBILITY FOR UNEMPLOYED ADULTS.
Section 6(o)(2) of the Food Stamp Act of 1977 (7 U.S.C. 2015(o)(2))
is amended in the matter preceding subparagraph (A)--
(1) by striking ``36-month'' and replacing it with ``24-
month''; and
(2) by striking ``3'' and replacing it with ``6''.
SEC. 7. AVAILABILITY OF COMMODITIES FOR THE EMERGENCY FOOD ASSISTANCE
PROGRAM.
Section 27(a) of the Food Stamp Act of 1977 (7 U.S.C. 2036(a)) is
amended--
(1) by striking ``(a) Purchase of Commodities'' and all
that follows through ``through 2007'' and inserting the
following:
``(a) Purchase of Commodities.--
``(1) In general.--Subject to paragraph (2), for each of
fiscal years 2008 through 2012;'';
(2) by striking ``$140,000,000 of''; and
(3) by inserting at the end the following:
``(2) Amounts.--The Secretary shall use to carry out this
subsection for fiscal year 2008, $180,000,000.''. | Food Stamp Fairness and Benefit Restoration Act of 2007 - Amends the Food Stamp Act of 1977 with respect to: (1) inflation adjustments for standard deductions and for household resources; (2) retirement account and education account exclusions; (3) eligibility for unemployed adults; (4) dependent care deduction cap elimination; (5) legal immigrant eligibility; and (6) extension of commodity availability for the emergency food assistance program. | {"src": "billsum_train", "title": "A bill to amend the Food Stamp Act of 1977 to end benefit erosion, support working families with child care expenses, encourage retirement and education savings, and for other purposes."} | 2,322 | 85 | 0.496511 | 1.155909 | 0.144841 | 2.301205 | 23 | 0.855422 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Territorial Consultation and
Notification Act of 1994''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Article IV, Section 3, Clause 2 of the Constitution,
also known as the territorial clause, grants Congress plenary
authority to provide for the governance of the United States
territories, including the determination of status.
(2) The President and all executive branch officials should
closely consult with Congress on territorial matters.
(3) Congress has the responsibility to promote the progress
of the people of the territories toward self-government
consistent with the principle of self-determination as defined
in the United Nations Charter, and this requires that the
Congress have regular and reliable information with respect to
the views of the voters in the territories on political status
issues.
(4) The majority view of the voters in the territories can
be acquired by Congress most effectively and directly through
periodic plebiscites which are recognized by the people as the
opportunity to freely express their wishes.
(5) Under Federal statutes approved by Congress, limited
self-government has been authorized for each of the United
States territories, and all persons born in the territories are
native born citizens of the United States pursuant to the law.
(6) The decade of the 1990s has been declared by the United
Nations as the ``Decade to Eradicate Colonialism''.
(7) In the November 4, 1993, plebiscite, a majority of
Puerto Rican voters for the first time voted against their
current status as a United States territory and supported
significant changes in the political and legal relationship
between the United States and Puerto Rico.
SEC. 3. REFERENDUMS ON TERRITORIAL STATUS.
(a) In General.--All territories of the United States shall conduct
referendums on the sentiments of their citizens regarding territorial
status at least every five years.
(b) Report of Results to Congress.--Within 30 days after the date
results of an election held under subsection (a) are certified, the
Governor of the territory concerned shall submit a report of such
results to the President and to the Speaker of the House of
Representatives and the President of the Senate, who shall refer the
report to the appropriate committees.
(c) Report by Appropriate Committees of Congress.--Within 180
calendar days after the report described in subsection (b) is referred,
each committee to whom the report is referred may submit a report to
the Speaker of the House of Representatives or the President of the
Senate, as the case may be, in which the results of the election are
evaluated and recommendations (if any) are made for changes to the laws
or policies of United States are made.
(d) Implementation of Change in Status.--Within one year after a
vote under subsection (a) in which a change regarding the territorial
status has been approved, the President shall develop and report to the
committees of Congress specified in subsection (a) the plans of the
President for implementing the change in status.
SEC. 4. REPORT ON IMPACT OF POLICY AND REGULATORY MATTERS ON THE STATUS
OF UNITED STATES TERRITORIES.
The President shall submit annually to the Committee on Energy and
Natural Resources of the Senate and the Committee on Natural Resources
of the House of Representatives a report on all policy and regulatory
matters impacting the status of United States territories.
SEC. 5. NOTICE OF REGULATORY CHANGE AFFECTING THE STATUS OF UNITED
STATES TERRITORIES.
No regulation that affects the status of United States territories
may take effect until after 90 days after such regulation has been
submitted to the Committee on Energy and Natural Resources of the
Senate and the Committee on Natural Resources of the House of
Representatives.
SEC. 6. REPORT BY THE UNITED STATES REPRESENTATIVE TO THE UNITED
NATIONS ON MATTERS PERTAINING TO UNITED STATES
TERRITORIES.
Within 180 days after the date of enactment of this Act, the United
States Representative to the United Nations shall submit a report to
the Senate Committee on Foreign Relations and the House Committee on
Foreign Affairs. The report shall include the following:
(1) A description of any issues formally considered by the
United Nations during the past two years relating to the status
of United States territories.
(2) A description of any such issues that are expected to
receive formal consideration in the United Nations in the next
year.
SEC. 7. DEFINITION OF UNITED STATES TERRITORIES.
For the purposes of this Act, the term ``United States
territories'' means the Commonwealth of Puerto Rico, the Commonwealth
of the Northern Mariana Islands, American Samoa, Guam, and the Virgin
Islands. | Territorial Consultation and Notification Act of 1994 - Requires all U.S. territories to conduct referendums on the sentiments of their citizens regarding territorial status at least every five years. Provides for reports on the results of such referendums and requires the President, after a vote in which a change regarding territorial status has been approved, to report to specified congressional committees on plans for implementing such change.
Directs the President to report annually to specified congressional committees on all policy and regulatory matters affecting the status of U.S. territories. Bars a regulation that affects such status from taking effect until 90 days after the regulation has been submitted to such committees.
Requires the U.S. Representative to the Untied Nations to report to specified congressional committees on issues formally considered by the United Nations during the past two years relating to the status of U.S. territories and on any such issues that are expected to receive formal consideration in the next year. | {"src": "billsum_train", "title": "Territorial Consultation and Notification Act of 1994"} | 1,036 | 212 | 0.543737 | 1.531073 | 0.934361 | 3.476744 | 5.540698 | 0.906977 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Primary Health Care Investment Act
of 1993''.
SEC. 2. PUBLIC HEALTH SERVICE PRIMARY CARE PROVISIONS.
(a) Migrant Health Centers.--Section 329(h)(1)(A) of the Public
Health Service Act (42 U.S.C. 254b(h)(1)(A)) is amended by striking
``and'' after ``1991,'', and by striking ``through 1994.'' and
inserting the following: ``and 1993, $68,790,000 for fiscal year 1994,
$80,255,000 for fiscal year 1995, $91,720,000 for fiscal year 1996,
$103,185,000 for fiscal year 1997, and $114,650,000 for fiscal year
1998.''.
(b) Community Health Centers.--Section 330(g)(1)(A) of the Public
Health Service Act (42 U.S.C. 254c(g)(1)(A)) is amended by striking
``and'' after ``1991,'', and by striking ``through 1994.'' and
inserting the following: ``and 1993, $670,780,800 for fiscal year 1994,
$782,577,000 for fiscal year 1995, $894,374,400 for fiscal year 1996,
$1,006,171,200 for fiscal year 1997, and $1,117,968,000 for fiscal year
1998.''.
(c) National Health Service Corps Scholarship and Loan Repayment
Programs.--Section 338H(b)(1) of the Public Health Service Act (42
U.S.C. 254q(b)(1)) is amended by striking ``and'' after ``1991,'', and
by striking ``through 2000.'' and inserting the following: ``and 1993,
$91,155,600 for fiscal year 1994, $106,348,200 for fiscal year 1995,
$121,540,800 for fiscal year 1996, $136,733,400 for fiscal year 1997,
and $151,926,000 for fiscal year 1998.''.
(d) Health Services for the Homeless.--Section 340(q)(1) of the
Public Health Service Act (42 U.S.C. 256(q)(1)) is amended by striking
``and such sums'' and all that follows and inserting the following:
``such sums as may be necessary for fiscal year 1993, $69,638,400 for
fiscal year 1994, $81,244,800 for fiscal year 1995, $92,851,200 for
fiscal year 1996, $104,457,600 for fiscal year 1997, and $116,064,000
for fiscal year 1998.''.
SEC. 3. PAYMENTS FOR DIRECT GRADUATE MEDICAL EDUCATION COSTS OF PRIMARY
CARE RESIDENTS INCREASED.
(a) In General.--Section 1886(h) of the Social Security Act (42
U.S.C. 1395 ww(h)) is amended--
(1) by amending paragraph (2) to read as follows:
``(2) Determination of approved fte resident amounts.--The
Secretary shall determine an approved FTE resident amount for
each cost reporting period beginning after October 1, 1993, as
follows:
``(A) Determining national average salary per fte
resident in fiscal year 1989.--The Secretary shall
determine the national average salary for fiscal year
1991 for a full-time-equivalent resident in an approved
medical residency training program.
``(B) Updating to a cost reporting period that
begins in fiscal year 1994.--The Secretary shall update
the amount determined under subparagraph (A) by the
estimated percentage change in the consumer price index
from the midpoint of fiscal year 1989 to the midpoint
of each cost reporting period that begins in fiscal
year 1994.
``(C) Updating to subsequent cost reporting
periods.--For each subsequent cost reporting period,
the Secretary shall update the amount determined under
subparagraph (B) or this subparagraph for an
immediately preceding cost reporting period by the
estimated percentage change in the consumer price index
from the midpoint of that preceding period to the
midpoint of that subsequent period, with appropriate
adjustments to reflect previous under- or over-
estimations in the estimated percentage change in that
index.'';
(2) in paragraph (3)(B)(i), by striking ``hospital's''; and
(3) in paragraph (4), by amending subparagraph (C) to read
as follows:
``(C) Weighting factor for certain residents.--Such
rules shall provide, in calculating the number of full-
time-equivalent residents in an approved residency
program--
``(i) that the weighting factor for a
primary care (as defined by the Secretary)
resident, or for an intern, is 2.2,
``(ii) that the weighting factor for a
nonprimary care resident who is in the
resident's initial residency period is 2.0, and
``(iii) that the weighting factor for a
nonprimary care resident who is not in the
resident's initial residency period is 1.2.
The Secretary shall make such adjustments as are
necessary to the weighting factors to maintain
aggregate payments under this section to all hospitals
at the same level that such payments would have been
made under this section prior to enactment of the
amendments made to this section by the Primary Health
Care Investment Act of 1993.''.
(b) Effective Date.--(1) Except as otherwise provided by paragraph
(2), the amendments made by this section shall apply to cost reporting
periods beginning after October 1, 1993.
(2) For a cost reporting period that falls partly in fiscal year
1993 and partly in fiscal year 1994, the provisions of section 1886(h),
as in effect before the date of enactment of this Act, shall apply
proportionally to that part of the cost reporting period that occurs
before fiscal year 1994. | Primary Health Care Investment Act of 1993 - Amends the Public Health Service Act to authorize appropriations to carry out specified provisions relating to migrant and community health centers, the National Health Service Corps scholarship and loan repayment programs, and health services for the homeless.
Amends provisions of title XVIII (Medicare) of the Social Security Act relating to payment to hospitals for inpatient services to modify requirements regarding the determination of approved FTE (Full-Time Equivalent) resident amounts. | {"src": "billsum_train", "title": "Primary Health Care Investment Act of 1993"} | 1,327 | 108 | 0.502398 | 1.234787 | 0.226904 | 2.659091 | 12.284091 | 0.772727 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Interstate Meat Shipment
Act''.
SEC. 2. FEDERAL AND STATE COOPERATION WITH RESPECT TO MEAT INSPECTION.
(a) Waiver of Intrastate Distribution Limitation Under the Federal
Meat Inspection Act.--Section 301(a) of the Federal Meat Inspection Act
(21 U.S.C. 661(a)) is amended by adding at the end the following new
paragraph:
``(5)(A) Upon application of an appropriate State agency
with which the Secretary may cooperate under this Act, the
Secretary shall verify that the mandatory requirements of the
State's meat inspection program are at least equal to the
Federal inspection, reinspection, and sanitation requirements
under title I of this Act.
``(B) If the Secretary verifies that the mandatory
inspection requirements of the State from which a State
agency submits an application under subparagraph (A)
are at least equal to Federal inspection requirements--
``(i) the requirement under paragraph (1)
that meat and meat food products inspected
under such State's meat inspection program be
solely for distribution in such State shall not
apply; and
``(ii) the Secretary may perform random
inspections of State-inspected slaughtering,
meat-canning, salting, packing, rendering, or
similar establishments in such State to ensure
that the State meat inspection program
conducted in such State at least meets the
Federal inspection requirements under title I.
``(C) If after an inspection performed under
subparagraph (B) the Secretary determines that a State-
inspected slaughtering, meat-canning, salting, packing,
rendering, or similar establishment is not subject to
mandatory inspection requirements at least equal to the
substantive Federal inspection requirements under title
I of this Act, the requirement under paragraph (1) that
meat and meat food products inspected under a State
meat inspection program be solely for distribution in
such State shall apply to such slaughtering, meat-
canning, salting, packing, rendering, or similar
establishment until a subsequent inspection verifies
that the establishment is subject to mandatory
inspection requirements at least equal to the Federal
inspection requirements under title I.''.
(b) Waiver of Intrastate Distribution Limitation Under the Poultry
Products Inspection Act.--Section 5(a) of the Poultry Products
Inspection Act (21 U.S.C. 454(a)) is amended by adding the following
paragraph at the end thereof:
``(5)(A) Upon application of an appropriate State agency
with which the Secretary may cooperate under this Act, the
Secretary shall verify that the mandatory requirements of the
State's poultry product inspection program are at least equal
to the Federal inspection, reinspection, and sanitation
requirements under this Act.
``(B) If the Secretary verifies that the mandatory
inspection requirements of the State from which a State
agency submits an application under subparagraph (A)
are at least equal to Federal inspection requirements--
``(i) the requirement under paragraph (1)
that poultry products inspected under such
State's poultry product inspection program be
solely for distribution in such State shall not
apply; and
``(ii) the Secretary may perform random
inspections of State-inspected official
establishments in such State to ensure that the
State poultry product inspection program
conducted in such State at least meets the
Federal inspection requirements under this Act.
``(C) If after an inspection performed under
subparagraph (B) the Secretary determines that a State-
inspected official establishment is not subject to
mandatory inspection requirements at least equal to the
substantive Federal inspection requirements under this
Act, the requirement under paragraph (1) that poultry
and poultry products inspected under a State poultry
product inspection program be solely for distribution
in such State shall apply to such official
establishment until a subsequent inspection verifies
that the official establishment is subject to mandatory
inspection requirements at least equal to the Federal
inspection requirements under this Act.''. | Safe Interstate Meat Shipment Act - Amends the Federal Meat Inspection Act and the Poultry Products Inspection Act to permit interstate distribution of state-inspected meat and poultry under specified circumstances. | {"src": "billsum_train", "title": "To permit the interstate distribution of State-inspected meat under appropriate circumstances."} | 853 | 43 | 0.572136 | 1.341137 | 0.753568 | 2.515152 | 24.212121 | 0.878788 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Taxation on Device Innovation
Act''.
SEC. 2. REPEAL OF THE MEDICAL DEVICE EXCISE TAX.
(a) In General.--Chapter 32 of the Internal Revenue Code of 1986 is
amended by striking subchapter E.
(b) Conforming Amendments.--
(1) Subsection (a) of section 4221 of such Code is amended
by striking the last sentence.
(2) Paragraph (2) of section 6416(b) of such Code is
amended by striking the last sentence.
(c) Clerical Amendment.--The table of subchapters for chapter 32 of
such Code is amended by striking the item related to subchapter E.
(d) Effective Date.--The amendments made by this section shall
apply to sales after December 31, 2017.
SEC. 3. PROHIBITION ON USING LAST-IN, FIRST-OUT ACCOUNTING FOR MAJOR
INTEGRATED OIL COMPANIES.
(a) In General.--Section 472 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(h) Major Integrated Oil Companies.--Notwithstanding any other
provision of this section, a major integrated oil company (as defined
in section 167(h)) may not use the method provided in subsection (b) in
inventorying of any goods.''.
(b) Effective Date and Special Rule.--
(1) In general.--The amendment made by subsection (a) shall
apply to taxable years beginning after December 31, 2017.
(2) Change in method of accounting.--In the case of any
taxpayer required by the amendment made by this section to
change its method of accounting for its first taxable year
beginning after the date of the enactment of this Act--
(A) such change shall be treated as initiated by
the taxpayer;
(B) such change shall be treated as made with the
consent of the Secretary of the Treasury; and
(C) the net amount of the adjustments required to
be taken into account by the taxpayer under section 481
of the Internal Revenue Code of 1986 shall be taken
into account ratably over a period (not greater than 8
taxable years) beginning with such first taxable year.
SEC. 4. ELIGIBILITY FOR NEW LEASES AND THE TRANSFER OF LEASES.
(a) Definitions.--In this section:
(1) Covered lease.--The term ``covered lease'' means a
lease for oil or gas production in the Gulf of Mexico that is--
(A) in existence on the date of enactment of this
Act;
(B) issued by the Department of the Interior under
section 304 of the Outer Continental Shelf Deep Water
Royalty Relief Act (43 U.S.C. 1337 note; Public Law
104-58); and
(C) not subject to limitations on royalty relief
based on market price that are equal to or less than
the price thresholds described in clauses (v) through
(vii) of section 8(a)(3)(C) of the Outer Continental
Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)).
(2) Lessee.--The term ``lessee'' includes any person or
other entity that controls, is controlled by, or is in or under
common control with, a lessee.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Issuance of New Leases.--
(1) In general.--The Secretary shall not issue any new
lease that authorizes the production of oil or natural gas
under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et
seq.) to a person described in paragraph (2) unless the person
has renegotiated each covered lease with respect to which the
person is a lessee to modify the payment responsibilities of
the person to require the payment of royalties if the price of
oil and natural gas is greater than or equal to the price
thresholds described in clauses (v) through (vii) of section
8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C.
1337(a)(3)(C)).
(2) Persons described.--A person referred to in paragraph
(1) is a person that--
(A) is a lessee that--
(i) holds a covered lease on the date on
which the Secretary considers the issuance of
the new lease; or
(ii) was issued a covered lease before the
date of enactment of this Act, but transferred
the covered lease to another person or entity
(including a subsidiary or affiliate of the
lessee) after the date of enactment of this
Act; or
(B) any other person that has any direct or
indirect interest in, or that derives any benefit from,
a covered lease.
(3) Multiple lessees.--
(A) In general.--For purposes of paragraph (1), if
there are multiple lessees that own a share of a
covered lease, the Secretary may implement separate
agreements with any lessee with a share of the covered
lease that modifies the payment responsibilities with
respect to the share of the lessee to include price
thresholds that are equal to or less than the price
thresholds described in clauses (v) through (vii) of
section 8(a)(3)(C) of the Outer Continental Shelf Lands
Act (43 U.S.C. 1337(a)(3)(C)).
(B) Treatment of share as covered lease.--Beginning
on the effective date of an agreement under
subparagraph (A), any share subject to the agreement
shall not constitute a covered lease with respect to
any lessees that entered into the agreement.
(c) Transfers.--A lessee or any other person who has any direct or
indirect interest in, or who derives a benefit from, a lease shall not
be eligible to obtain by sale or other transfer (including through a
swap, spinoff, servicing, or other agreement) any covered lease, the
economic benefit of any covered lease, or any other lease for the
production of oil or natural gas in the Gulf of Mexico under the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), unless the lessee
or other person has--
(1) renegotiated each covered lease with respect to which
the lessee or person is a lessee, to modify the payment
responsibilities of the lessee or person to include price
thresholds that are equal to or less than the price thresholds
described in clauses (v) through (vii) of section 8(a)(3)(C) of
the Outer Continental Shelf Lands Act (43 U.S.C.
1337(a)(3)(C)); or
(2) entered into an agreement with the Secretary to modify
the terms of all covered leases of the lessee or other person
to include limitations on royalty relief based on market prices
that are equal to or less than the price thresholds described
in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)).
(d) Price Thresholds for Royalty Suspension Provisions.--
(1) In general.--The Secretary shall agree to a request by
any lessee to amend any lease issued for any Central and
Western Gulf of Mexico tract during the period of January 1,
1996, through November 28, 2000, to incorporate price
thresholds applicable to royalty suspension provisions, that
are equal to or less than the price thresholds described in
clauses (v) through (vii) of section 8(a)(3)(C) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)).
(2) Requirement.--
(A) In general.--A lease amended under paragraph
(1) shall impose the new or revised price thresholds
effective January 1, 2018.
(B) Existing lease provisions.--Existing lease
provisions for a lease amended under paragraph (1)
shall prevail through December 31, 2017. | No Taxation on Device Innovation Act This bill amends the Internal Revenue Code to repeal the excise tax on medical devices. The bill also prohibits: (1) major integrated oil companies from using the last-in, first-out (LIFO) accounting method; and (2) the issuance of new oil or natural gas production leases in the Gulf of Mexico under the Outer Continental Shelf Lands Act to any person who does not renegotiate certain existing leases to require royalty payments if the price of oil and natural gas is greater than or equal to specified price thresholds. | {"src": "billsum_train", "title": "No Taxation on Device Innovation Act"} | 1,818 | 123 | 0.422955 | 1.200485 | 0.571118 | 3.481481 | 14.231481 | 0.888889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tallgrass Prairie National Preserve
Act of 1994''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) Of the 400,000 square miles of tallgrass prairie that
once covered the North American Continent, less than 1 percent
remains, primarily in the Flint Hills of Kansas.
(2) In 1991, the National Park Service conducted a special
resource study of the Spring Hill Ranch, located in the Flint
Hills of Kansas.
(3) Such study concludes that the Spring Hill Ranch--
(A) is a nationally significant example of the once
vast tallgrass ecosystem, and includes buildings listed
on the National Register of Historic Places pursuant to
section 101 of the National Historic Preservation Act
(16 U.S.C. 470a) which represent outstanding examples
of Second Empire and other 19th Century architectural
styles; and
(B) is suitable and feasible as a potential
addition to the National Park System.
(4) The National Park Trust, which owns the Spring Hill
Ranch, has agreed to permit the National Park Service--
(A) to purchase a portion of the ranch, as
specified in this Act; and
(B) to manage the ranch in order to--
(i) conserve the scenery, natural and
historic objects, and wildlife of the ranch;
and
(ii) provide for the enjoyment of the ranch
in such manner, and by such means, as will
leave such scenery, natural and historic
objects, and wildlife unimpaired for the
enjoyment of future generations.
(b) Purposes.--The purposes of this Act are as follows:
(1) To preserve, protect, and interpret for the public an
example of a tallgrass prairie ecosystem on the Spring Hill
Ranch, located in the Flint Hills of Kansas.
(2) To preserve and interpret for the public the historic
and cultural values represented on the Spring Hill Ranch.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) Advisory committee.--The term ``Advisory Committee''
means the Advisory Committee established under section 7.
(2) Preserve.--The term ``Preserve'' means the Tallgrass
Prairie National Preserve established under section 4.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Trust.--The term ``Trust'' means the National Park
Trust, Inc. (which is a District of Columbia nonprofit
corporation), or any successor-in-interest, subsidiary,
affiliate, trustee, or legal representative of the National
Park Trust, Inc. that possesses legal or equitable ownership or
management rights with respect to land and improvements on land
that constitutes any portion of the Preserve.
SEC. 4. ESTABLISHMENT OF TALLGRASS PRAIRIE NATIONAL PRESERVE.
(a) In General.--In order to provide for the preservation,
restoration, and interpretation of the Spring Hill Ranch area of the
Flint Hills of Kansas, for the benefit and enjoyment of present and
future generations, there is hereby established the Tallgrass Prairie
National Preserve.
(b) Description.--The Preserve shall consist of the lands, waters,
and interests therein, including approximately 10,894 acres, generally
depicted on the map entitled ``Boundary Map, Flint Hills Prairie
National Monument'' numbered NM-TGP 80,000 and dated June 1994, more
particularly described in the deed filed at 8:22 a.m. of June 3, 1994,
with the Office of the Register of Deeds in Chase County, Kansas, and
recorded in Book L-106 at pages 328 through 339, inclusive. In the case
of any difference between such map and legal description, such legal
description shall govern. The map shall be on file and available for
public inspection in the appropriate offices of the National Park
Service of the Department of the Interior.
SEC. 5. ADMINISTRATION OF NATIONAL PRESERVE.
(a) In General.--The Secretary shall administer the Preserve in
accordance with this Act, the cooperative agreement described in
subsection (f)(1), and the provisions of law generally applicable to
units of the National Park System, including the Act entitled ``An Act
to establish a National Park Service, and for other purposes'',
approved August 25, 1916 (16 U.S.C. 1, 2 through 4) and the Act of
August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et seq.).
(b) Application of Regulations.--The regulations issued by the
Secretary concerning the National Park Service that provide for the
proper use, management, and protection of persons, property, and
natural and cultural resources shall apply within the boundaries of the
Preserve.
(c) Facilities.--For purposes of carrying out the duties of the
Secretary under this Act relating to the Preserve, the Secretary may--
(1) directly or by contract, construct, reconstruct,
rehabilitate, or develop essential buildings, structures, and
related facilities including roads, trails, and other
interpretive facilities on real property that is not owned by
the Federal Government and is located within the Preserve; and
(2) maintain and operate programs in connection with the
Preserve with the consent of the landowners.
(d) Liability.--
(1) Landowners.--Notwithstanding any other provision of
law, no person who owns any land or interest in land within the
Preserve shall be liable for injury to, or damages suffered by,
any other person if--
(A) such injury or damages result from any act or
omission of the Secretary or any officer, employee, or
agent of the Secretary; or
(B) such liability would arise solely by reason of
the ownership by the defendant of such land or interest
in land and such injury or damages are not proximately
caused by the wanton or willful misconduct of the
defendant.
(2) Liability of united states and officers and employees
of the united states.--(A) Nothing in this subsection or in any
other provision of this Act may be construed to exempt the
Federal Government, or any officer or employee of the Federal
Government, from any liability for any act or omission for
which the Federal Government, or such officer or employee, as
the case may be, would otherwise be liable under any applicable
provision of law.
(B) Nothing in this subsection or in any other provision of
this Act may be construed to impose on the Federal Government,
or any officer or employee of the Federal Government, any
liability for any act or omission of any other person or entity
for any act or omission of such other person or entity for
which the Federal Government, or such officer or employee, as
the case may be, would otherwise not be liable under any
applicable provision of law.
(e) Fees.--Notwithstanding any other provision of law, the Preserve
shall be considered a designated unit of the National Park System,
including for the purposes of charging entrance and admission fees
under section 4 of the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l-6a).
(f) Agreements and Donations.--
(1) Agreements.--The Secretary is authorized to expend
Federal funds for the cooperative management of private
property within the Preserve for research, resource management,
and visitor protection and use. The Secretary may enter into
cooperative agreements with public or private agencies,
organizations, and institutions to further the purposes of this
Act (as specified in section 2(b)).
(2) Donations.--Notwithstanding any other provision of law,
the Secretary may solicit, accept, retain, and expend donations
of funds, property (other than real property), or services from
individuals, foundations, corporations, or public entities for
the purposes of providing programs, services, facilities, or
technical assistance that further the purposes of this Act.
(g) General Management Plan.--
(1) In general.--Not later than the termination date of the
third full fiscal year beginning after the date of
establishment of the Preserve, the Secretary shall prepare and
submit to the Committee on Energy and Natural Resources of the
Senate and the Committee on Natural Resources of the House of
Representatives a general management plan for the Preserve.
(2) Consultation.--In preparing the general management
plan, the Secretary, acting through the Director of the
National Park Service, shall consult with--
(A)(i) appropriate officials of the Trust; and
(ii) the Advisory Committee established under
section 8; and
(B) adjacent landowners, appropriate officials of
nearby communities, and other interested parties.
(3) Content of plan.--The general management plan shall
provide for the following:
(A) Maintaining and enhancing the tallgrass prairie
ecosystem.
(B) Public access and enjoyment of the property
that is consistent with protection and management of
the historical, cultural, and natural resources of the
ranch, lands of adjoining landowners, and surrounding
communities.
(C) Interpretive and educational programs covering
the natural history of the prairie, the cultural
history of Native Americans, and the legacy of ranching
in the Flint Hills region.
(D) Provisions requiring the maintenance of
adequate fences to contain domestic and wild animals
within the boundaries of the Preserve and provisions
requiring that disputes with adjacent landowners
regarding the maintenance of such fences shall be
resolved by the county commissioners for the county in
which the disputed area of fence is located.
(E) Provisions requiring the Secretary to comply
with applicable State noxious weed, pesticide, and
animal health laws.
(F) Provisions requiring compliance with applicable
Federal and State water laws and waste disposal laws
(including regulations).
(G) Provisions requiring the Secretary to honor
each valid existing oil and gas lease for lands within
the boundaries of the Preserve (as described in section
4(b)) that is in effect on the date of enactment of
this Act.
(H) Provisions requiring the Secretary to offer to
enter into an agreement with each individual who, as of
the date of enactment of this Act, holds rights for
cattle grazing within the boundaries of the Preserve
(as described in section 4(b)).
SEC. 6. LIMITED AUTHORITY TO ACQUIRE.
(a) In General.--The Secretary is authorized and directed to
acquire, by donation or purchase with donated or appropriated funds, at
fair market value--
(1) not more than 180 acres of real property within the
boundaries of the Preserve (as described in section 4(b)) and
the improvements thereon; and
(2) rights-of-way on roads that are not owned by the State
of Kansas within the boundaries of the Preserve.
(b) Payments in Lieu of Taxes.--For the purposes of payments made
pursuant to chapter 69 of title 31, United States Code, the real
property described in subsection (a)(1) shall be deemed to have been
acquired for the purposes specified in section 6904(a) of such title
31.
(c) Prohibitions.--No property may be acquired under this section
without the consent of the owner of the property. The United States may
not acquire fee ownership of any lands within the Preserve other than
lands described in this section.
SEC. 7. ADVISORY COMMITTEE.
(a) Establishment.--There is established an advisory committee to
be known as the ``Tallgrass Prairie National Preserve Advisory
Committee''.
(b) Duties.--The Advisory Committee shall advise the Secretary and
the Director of the National Park Service concerning the development,
management, and interpretation of the Preserve. In carrying out such
duties, the Advisory Committee shall provide timely advice to the
Secretary and the Director during the preparation of the general
management plan required by section 5(g).
(c) Membership.--The Advisory Committee shall consist of the
following 11 members, who shall be appointed by the Secretary as
follows:
(1) Three members shall be representatives of the Trust.
(2) Three members shall be representatives of local
landowners, cattle ranchers, or other agricultural interests.
(3) Three members shall be representatives of conservation
or historic preservation interests.
(4) One member shall represent the State of Kansas or a
political subdivision of the State.
(5) One member shall represent institutions of higher
education (as defined in section 1201(a) of the Higher
Education Act of 1965 (20 U.S.C. 1141(a))) in the State of
Kansas.
(d) Terms.--
(1) In general.--Each member of the Advisory Committee
shall be appointed to serve for a term of 3 years, except that
the initial members shall be appointed as follows:
(A) Three members shall be appointed, one each from
paragraphs (1), (2), and (3) of subsection (c), to
serve for a term of 3 years.
(B) Four members shall be appointed, one each from
paragraphs (1), (2), (3), and (4) of subsection (c), to
serve for a term of 4 years.
(C) Four members shall be appointed, one each from
paragraphs (1), (2), (3), and (5) of subsection (c), to
serve for a term of 5 years.
(2) Reappointment.--Each member may be reappointed to serve
for a subsequent term.
(3) Expiration.--Each member shall continue to serve after
the expiration of the term of the member until a successor is
appointed.
(4) Vacancies.--A vacancy on the Advisory Committee shall
be filled in the same manner as an original appointment is
made. The member appointed to fill the vacancy shall serve
until the expiration of the term in which the vacancy occurred.
(e) Chairperson.--The Secretary shall appoint one of the members
who is a representative from the Trust appointed under subsection
(c)(1) to serve as Chairperson.
(f) Meetings.--Meetings of the Advisory Committee shall be held at
the call of the Chairperson or the majority of the Advisory Committee.
Meetings shall be held at such locations and in such manner as to
ensure adequate opportunity for public involvement. In compliance with
the requirements of the Federal Advisory Committee Act (5 U.S.C. App.),
the Advisory Committee shall choose an appropriate means of providing
interested members of the public advance notice of scheduled meetings.
(g) Quorum.--A majority of the members of the Advisory Committee
shall constitute a quorum.
(h) Compensation.--Each member of the Advisory Committee shall
serve without compensation, except that while engaged in official
business of the Advisory Committee, the member shall be entitled to
travel expenses, including per diem in lieu of subsistence in the same
manner as persons employed intermittently in Government service under
section 5703 of title 5, United States Code.
(i) Charter.--The rechartering provisions of section 14(b) of the
Federal Advisory Committee Act (5 U.S.C. App.) are hereby waived with
respect to the Advisory Committee.
SEC. 8. RESTRICTION ON AUTHORITY.
Nothing in this Act shall give the Secretary authority to regulate
lands outside the boundaries of the Preserve.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Department of the
Interior such sums as may be necessary to carry out this Act.
S 2412 IS----2 | Tallgrass Prairie National Preserve Act of 1994 - Establishes the Tallgrass Prairie National Preserve to provide for the preservation, restoration, and interpretation of the Spring Hill Ranch area of the Flint Hills of Kansas.
Considers the Preserve a designated unit of the National Park System, including for purposes of charging entrance and admission fees under specified provisions of the Land and Water Conservation Fund Act of 1965.
Requires the Secretary of the Interior to prepare and submit to specified congressional committees a general management plan for the Preserve.
Authorizes the acquisition of real property and improvements thereon, and rights-of-way on roads that are not owned by Kansas, within the boundaries of the Preserve. Sets forth provisions regarding payments to local governments in lieu of taxes for such real property. Prohibits: (1) such property from being acquired without the owner's consent; and (2) U.S. acquisition of fee ownership of any lands within the Preserve other than these lands.
Establishes the Tallgrass Prairie National Preserve Advisory Committee to advise the Secretary and the Director of the National Park Service on the development, management, and interpretation of the Preserve.
Authorizes appropriations. | {"src": "billsum_train", "title": "Tallgrass Prairie National Preserve Act of 1994"} | 3,349 | 260 | 0.629397 | 1.95463 | 0.812283 | 4.963964 | 13.923423 | 0.900901 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Financial Services Regulatory Relief
Amendments Act of 2006''.
SEC. 2. AMENDMENTS RELATING TO NONFEDERALLY INSURED CREDIT UNIONS.
(a) In General.--Subsection (a) of section 43 of the Federal
Deposit Insurance Act (12 U.S.C. 1831t(a)) is amended by adding at the
end the following new paragraph:
``(3) Enforcement by appropriate state supervisor.--Any
appropriate State supervisor of a private deposit insurer, and
any appropriate State supervisor of a depository institution
which receives deposits that are insured by a private deposit
insurer, may examine and enforce compliance with this
subsection under the applicable regulatory authority of such
supervisor.''.
(b) Amendment Relating to Disclosures Required, Periodic Statements
and Account Records.--Section 43(b)(1) of the Federal Deposit Insurance
Act (12 U.S.C. 1831t(b)(1)) is amended by striking ``or similar
instrument evidencing a deposit'' and inserting ``or share
certificate''.
(c) Amendments Relating to Disclosures Required, Advertising,
Premises.--Section 43(b)(2) of the Federal Deposit Insurance Act (12
U.S.C. 1831t(b)(2)) is amended to read as follows:
``(2) Advertising; premises.--
``(A) In general.--Include clearly and
conspicuously in all advertising, except as provided in
subparagraph (B); and at each station or window where
deposits are normally received, its principal place of
business and all its branches where it accepts deposits
or opens accounts (excluding automated teller machines
or point of sale terminals), and on its main Internet
page, a notice that the institution is not federally
insured.
``(B) Exceptions.--The following need not include a
notice that the institution is not federally insured:
``(i) Statements or reports of financial
condition of the depository institution that
are required to be published or posted by State
or Federal law or regulation.
``(ii) Any sign, document, or other item
that contains the name of the depository
institution, its logo, or its contact
information, but only if the sign, document, or
item does not include any information about the
institution's products or services or
information otherwise promoting the
institution.
``(iii) Small utilitarian items that do not
mention deposit products or insurance if
inclusion of the notice would be
impractical.''.
(d) Amendments Relating to Acknowledgment of Disclosure.--Section
43(b)(3) of the Federal Deposit Insurance Act (12 U.S.C. 1831t(b)(3))
is amended to read as follows:
``(3) Acknowledgment of disclosure.--
``(A) New depositors obtained other than through a
conversion or merger.--With respect to any depositor
who was not a depositor at the depository institution
before the effective date of the Financial Services
Regulatory Relief Amendments Act of 2006, and who is
not a depositor as described in subparagraph (B),
receive any deposit for the account of such depositor
only if the depositor has signed a written
acknowledgment that--
``(i) the institution is not federally
insured; and
``(ii) if the institution fails, the
Federal Government does not guarantee that the
depositor will get back the depositor's money.
``(B) New depositors obtained through a conversion
or merger.--With respect to a depositor at a federally
insured depository institution that converts to, or
merges into, a depository institution lacking Federal
insurance after the effective date of the Financial
Services Regulatory Relief Amendments Act of 2006,
receive any deposit for the account of such depositor
only if--
``(i) the depositor has signed a written
acknowledgment described in subparagraph (A);
or
``(ii) the institution makes an attempt, as
described in subparagraph (D) and sent by mail
no later than 45 days after the effective date
of the conversion or merger, to obtain the
acknowledgment.
``(C) Current depositors.--Receive any deposit
after the effective date of the Financial Services
Regulatory Relief Amendments Act of 2006 for the
account of any depositor who was a depositor on that
date only if--
``(i) the depositor has signed a written
acknowledgment described in subparagraph (A);
or
``(ii) the institution makes an attempt, as
described in subparagraph (D) and sent by mail
no later than 45 days after the effective date
of the Financial Services Regulatory Relief
Amendments Act of 2006, to obtain the
acknowledgment.
``(D) Alternative provision of notice to current
depositors and new depositors obtained through a
conversion or merger.--
``(i) In general.--Transmit to each
depositor who has not signed a written
acknowledgment described in subparagraph (A)--
``(I) a conspicuous card containing
the information described in clauses
(i) and (ii) of subparagraph (A), and a
line for the signature of the
depositor; and
``(II) accompanying materials
requesting the depositor to sign the
card, and return the signed card to the
institution.''.
(e) Repeal of Provision Prohibiting Nondepository Institutions From
Accepting Deposits.--Section 43 of the Federal Deposit Insurance Act
(12 U.S.C. 1831t) is amended--
(1) by striking subsection (e); and
(2) by redesignating subsections (f) and (g) as subsections
(e) and (f), respectively.
(f) Repeal of Provision Concerning Nondepository Institutions
Masquerading as Depository Institutions and Clarification of Depository
Institutions Covered by the Statute.--Subsection (e)(2) (as so
redesignated by subsection (e) of this section) of section 43 of the
Federal Deposit Insurance Act (12 U.S.C. 1831t) is amended to read as
follows:
``(2) Depository institution.--The term `depository
institution'--
``(A) includes any entity described in section
19(b)(1)(A)(iv) of the Federal Reserve Act; and
``(B) does not include any national bank, State
member bank, or Federal branch.''.
(g) Repeal of FTC Authority to Enforce Independent Audit
Requirement; Concurrent State Enforcement.--Subsection (f) (as so
redesignated by subsection (e) of this section) of section 43 of the
Federal Deposit Insurance Act (12 U.S.C. 1831t) is amended to read as
follows:
``(f) Enforcement.--
``(1) Limited ftc enforcement authority.--Compliance with
the requirements of subsections (b) and (c), and any regulation
prescribed or order issued under any such subsection, shall be
enforced under the Federal Trade Commission Act by the Federal
Trade Commission.
``(2) Broad state enforcement authority.--
``(A) In general.--Subject to subparagraph (C), an
appropriate State supervisor of a depository
institution lacking Federal deposit insurance may
examine and enforce compliance with the requirements of
this section, and any regulation prescribed under this
section.
``(B) State powers.--For purposes of bringing any
action to enforce compliance with this section, no
provision of this section shall be construed as
preventing an appropriate State supervisor of a
depository institution lacking Federal deposit
insurance from exercising any powers conferred on such
official by the laws of such State.
``(C) Limitation on state action while federal
action pending.--If the Federal Trade Commission has
instituted an enforcement action for a violation of
this section, no appropriate State supervisor may,
during the pendency of such action, bring an action
under this section against any defendant named in the
complaint of the Commission for any violation of this
section that is alleged in that complaint.''.
SEC. 3. CLARIFICATION OF SCOPE OF APPLICABLE RATE PROVISION.
Section 44(f) of the Federal Deposit Insurance Act (12 U.S.C.
1831u(f)) is amended by adding at the end the following new paragraphs:
``(3) Other lenders.--In the case of any other lender doing
business in the State described in paragraph (1), the maximum
interest rate or amount of interest, discount points, finance
charges, or other similar charges that may be charged, taken,
received, or reserved from time to time in any loan, discount,
or credit sale made, or upon any note, bill of exchange,
financing transaction, or other evidence of debt issued to or
acquired by any other lender shall be equal to not more than
the greater of the rates described in subparagraph (A) or (B)
of paragraph (1).
``(4) Other lender defined.--For purposes of paragraph (3),
the term `other lender' means any person engaged in the
business of selling or financing the sale of personal property
(and any services incidental to the sale of personal property)
in such State, except that, with regard to any person or entity
described in such paragraph, such term does not include--
``(A) an insured depository institution; or
``(B) any person or entity engaged in the business
of providing a short-term cash advance to any 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 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.''.
Passed the House of Representatives September 27, 2006.
Attest:
KAREN L. HAAS,
Clerk. | Financial Services Regulatory Relief Amendments Act of 2006 - (Sec. 2) Amends the Federal Deposit Insurance Act regarding depository institutions lacking federal deposit insurance to authorize the state supervisor of a private deposit insurer, or of a depository institution which receives deposits insured by a private deposit insurer, to examine and enforce compliance with the requirement that a private deposit insurer obtain annual independent audits.
Requires depository institutions without federal deposit insurance to disclose on every share certificate that: (1) the institution is not federally insured; and (2) if it fails, the federal government does not guarantee that depositors will get back their money.
Revises the requirement that such institutions disclose conspicuously in all advertising and at each place where deposits are normally received that the institution is not federally insured. Requires such a notice also on the institution's main Internet page. Makes an exception to such requirement for: (1) statements or reports of financial condition required to be published or posted by state or federal law or regulation; (2) any sign, document, or other item containing the institution's name, logo, or contact information, if no products, services, or other promotional information is included; and (3) small utilitarian items that do not mention deposit products or insurance if inclusion of the notice would be impractical.
Requires the institution to obtain or attempt to obtain a written acknowledgment of such disclosure from new depositors acquired through a conversion or merger.
Repeals the prohibition against use of the mails to receive deposits by any depository institution lacking federal deposit insurance unless a state supervisor determines that it meets all requirements for federal deposit insurance.
Repeals coverage as a depository institution under the Act of any entity that, as determined by the Federal Trade Commission (FTC), is engaged in the business of receiving deposits, and could reasonably be mistaken for a depository institution by its current or prospective customers.
Redefines "depository institution" to exclude any national bank, state member bank, or federal branch.
Modifies FTC authority to enforce compliance with the requirements of the Act for depository institutions lacking federal deposit insurance. Removes independent audit requirements enforcement from FTC authority, while retaining enforcement of disclosure requirements. Authorizes an appropriate state supervisor of such institutions to enforce compliance with federal requirements, unless the FTC has already instituted an enforcement action.
(Sec. 3) Imposes on certain other lenders the maximum interest rate or related charges for debt applicable to home state banks in competition with local branches of out-of-state banks.
Defines other lender as any person engaged in the business of selling or financing the sale of personal property (and any incidental services) in a state. Excludes an insured depository institution from other-lender treatment, as well as any person or entity engaged in the business of providing a short-term cash advance to any consumer in exchange for: (1) 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 (2) a consumer 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. | {"src": "billsum_train", "title": "To amend the Federal Deposit Insurance Act to provide further regulatory relief for depository institutions and clarify certain provisions of law applicable to such institutions, and for other purposes."} | 2,255 | 718 | 0.675431 | 2.146101 | 0.817545 | 3.76378 | 3.116535 | 0.903937 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veteran Disability Rating Parity
Act''.
SEC. 2. TREATMENT OF SERVICE-CONNECTED DISABILITY RATED AND CERTIFIED
AS TOTAL BY THE SECRETARY OF VETERANS AFFAIRS AS
DISABILITY FOR PURPOSES OF TITLE II OF THE SOCIAL
SECURITY ACT.
(a) Disability for Purposes of Entitlement to Disability Insurance
Benefits and Other Benefits Based on Disability.--
(1) In general.--Section 223(d) of the Social Security Act
(42 U.S.C. 423(d)) is amended by adding at the end the
following new paragraph:
``(7)(A) Notwithstanding the preceding provisions of this
subsection, any individual who has a service-connected disability rated
by the Secretary of Veterans Affairs as total for purposes of benefits
under chapter 11 of title 38, United States Code, and presents written
certification of such rating determination to the Commissioner of
Social Security shall be deemed to be under a disability (within the
meaning of the preceding paragraphs of this subsection) for each
month--
``(i) beginning with the month during which such
certification is presented to the Commissioner, and
``(ii) ending with the earlier of--
``(I) any month during which certification is made
to the Commissioner pursuant to subparagraph (B) that
such service-connected disability has ceased, or
``(II) any month during which the Commissioner
determines, subject to subparagraph (C), that such
individual is able to engage in substantial gainful
activity.
``(B) In any case in which the Secretary of Veterans Affairs
determines that an individual who has been determined by such Secretary
to be totally disabled for purposes of benefits under chapter 11 of
title 38, United States Code, and with respect to whom a certification
has been made to the Commissioner pursuant to subparagraph (A) that
such individual has ceased to be so disabled, such Secretary shall
promptly certify to the Commissioner such Secretary's determination
that such individual has ceased to be so disabled.
``(C) Any determination by the Commissioner under subparagraph
(A)(ii)(II) shall be made on the basis of evidence of earnings, without
consideration of any evidence of medical recovery.
``(D) Nothing in this paragraph shall be construed to preclude a
determination under this title that an individual who is not deemed to
be under a disability under subparagraph (A) is under a disability
(within the meaning of the preceding paragraphs of this subsection).
``(E) The Commissioner of Social Security and the Secretary of
Veterans Affairs shall enter into such arrangements as are necessary
and appropriate for purposes of carrying out the provisions of this
paragraph.''.
(2) Other benefits based on disability.--
(A) Child's insurance benefits.--Section 202(d)(1)
of such Act (42 U.S.C. 402(d)(1)) is amended by adding
at the end the following new sentence: ``Under
regulations of the Commissioner of Social Security, the
provisions of section 223(d)(7) shall apply with
respect to benefits under this section (and
determinations of disability made for purposes of
determinations of entitlement to such benefits) in the
same manner and to the same extent as such provisions
apply with respect to benefits under section 223 (and
determinations of disability made for purposes of
determinations of entitlement to benefits under section
223).''.
(B) Widow's insurance benefits.--Section 202(e)(1)
of such Act (42 U.S.C. 402(e)(1)) is amended by adding
at the end the following new sentence: ``Under
regulations of the Commissioner of Social Security, the
provisions of section 223(d)(7) shall apply with
respect to benefits under this section (and
determinations of disability made for purposes of
determinations of entitlement to such benefits) in the
same manner and to the same extent as such provisions
apply with respect to benefits under section 223 (and
determinations of disability made for purposes of
determinations of entitlement to benefits under section
223).''.
(C) Widower's insurance benefits.--Section
202(f)(1) of such Act (42 U.S.C. 402(f)(1)) is amended
by adding at the end the following new sentence:
``Under regulations of the Commissioner of Social
Security, the provisions of section 223(d)(7) shall
apply with respect to benefits under this section (and
determinations of disability made for purposes of
determinations of entitlement to such benefits) in the
same manner and to the same extent as such provisions
apply with respect to benefits under section 223 (and
determinations of disability made for purposes of
determinations of entitlement to benefits under section
223).''.
(b) Determinations of Periods of Disability.--Section 216(i) of
such Act (42 U.S.C. 416(i)) is amended by adding at the end the
following new paragraph:
``(4)(A) Notwithstanding paragraphs (1), (2), and (3), any
individual who has a service-connected disability rated by the
Secretary of Veterans Affairs as total for purposes of benefits under
chapter 11 of title 38, United States Code, and presents written
certification of such rating determination to the Commissioner of
Social Security shall be deemed to be under a disability (within the
meaning of paragraph (1)) for each month--
``(i) beginning with the month during which such
certification is presented to the Commissioner, and
``(ii) ending with the earlier of--
``(I) any month during which certification is made
to the Commissioner pursuant to subparagraph (B) that
such service-connected disability has ceased, or
``(II) any month during which the Commissioner
determines, subject to subparagraph (C), that such
individual is able to engage in substantial gainful
activity.
``(B) In any case in which the Secretary of Veterans Affairs
determines that an individual who has been determined by such Secretary
to be totally disabled for purposes of benefits under chapter 11 of
title 38, United States Code, and with respect to whom a certification
has been made to the Commissioner pursuant to subparagraph (A) that
such individual has ceased to be so disabled, such Secretary shall
promptly certify to the Commissioner such Secretary's determination
that such individual has ceased to be so disabled.
``(C) Any determination by the Commissioner under subparagraph
(A)(ii)(II) shall be made on the basis of evidence of earnings, without
consideration of any evidence of medical recovery.
``(D) Nothing in this paragraph shall be construed to preclude a
determination under this title that an individual who is not deemed to
be under a disability under subparagraph (A) is under a disability
(within the meaning of paragraph (1)).
``(E) The Commissioner of Social Security and the Secretary of
Veterans Affairs shall enter into such arrangements as are necessary
and appropriate for purposes of carrying out the provisions of this
paragraph.''.
SEC. 3. TREATMENT OF DISABILITY RATED AND CERTIFIED AS TOTAL BY THE
SECRETARY OF VETERANS AFFAIRS AS DISABILITY FOR PURPOSES
OF TITLE XVI OF THE SOCIAL SECURITY ACT.
Section 1614(a)(3) of the Social Security Act (42 U.S.C.
1382c(a)(3)) is amended by adding at the end the following:
``(K) In making determinations with respect to disability under
this title, the provisions of section 223(d)(7) shall apply in the same
manner as they apply to determinations of disability under title II.''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to
determinations of disability in connection with applications for
benefits or periods of disability filed or pending on or after the date
of the enactment of this Act. | Veteran Disability Rating Parity Act This bill amends titles II (Old Age, Survivors and Disability Insurance) (OASDI) and XVI (Supplemental Security Income) (SSI) of the Social Security Act to treat service-connected disability rated and certified as total by the Department of Veterans Affairs as disability for purposes of the OASDI (including child's, widow's, and widower's benefits) and SSI programs. | {"src": "billsum_train", "title": "Veteran Disability Rating Parity Act"} | 1,782 | 103 | 0.542897 | 1.270086 | 0.255738 | 2.708861 | 19.810127 | 0.78481 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean, Renewable Jet Fuel Act''.
SEC. 2. LOANS FOR QUALIFYING JET FUEL PRODUCTION PROJECTS.
(a) Definitions.--In this section:
(1) Direct loan.--The term ``direct loan'' has the meaning
given the term in section 502(1) of the Federal Credit Reform
Act of 1990 (2 U.S.C. 661a(1)).
(2) Lifecycle greenhouse gas emissions.--The term
``lifecycle greenhouse gas emissions'' means an amount of
emissions determined though the same methodology used by the
Environmental Protection Agency to evaluate lifecycle
greenhouse gas emissions under section 211(o) of the Clean Air
Act (42 U.S.C. 7545).
(3) Market price.--The term ``market price'' means the
weekly average closing price of the front month contract for
West Texas Intermediate futures on the New York Mercantile
Exchange.
(4) Qualifying jet fuel project.--The term ``qualifying jet
fuel project'' means a project located in the United States
that produces at least 25,000,000 gallons per year of liquid
aviation turbine fuel or blending component that--
(A) as produced has at least 50 percent less
lifecycle greenhouse gas emissions than petroleum;
(B) is produced from renewable biomass, as defined
in section 211(o)(1)(I) of the Clean Air Act (42 U.S.C.
7545(o)(1)(I)); and
(C) meets, or can be blended with other components
to produce a fuel that meets, an American Society of
Testing and Materials (ASTM) standard for aviation
turbine fuels.
(5) Sales.--The term ``sales'' means the volume of jet fuel
described in paragraph (4) that has been sold to the open
market after being produced from a project, as specified in an
agreement entered into under subsection (b).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(7) Strike price.--The term ``strike price'' means a
specified price below which the United States shall make
payments in the form of a loan to the owner or operator of a
qualified jet fuel project and above which the owner or
operator of a qualified jet fuel project shall repay the loan
under the terms specified by an agreement entered into under
subsection (b).
(b) Loans.--
(1) Loan authority.--The Secretary shall enter into a
standby loan agreement under this section with the owners or
operators of not more than 10 qualifying jet fuel projects.
Such an agreement shall--
(A) provide that the Secretary shall make a direct
loan for the project;
(B) define the primary term of the agreement, which
shall not exceed the lesser of 10 years or 75 percent
of the projected useful life of the project (as
determined by the Secretary); and
(C) define the full term of the agreement, which
shall not exceed the lesser of 20 years or 90 percent
of the project useful life of the project (as
determined by the Secretary).
(2) Strike price methodology.--The strike price shall be
determined by an auction process. The Secretary shall conduct 3
auctions over a period of 2 years. The 3 auctions shall be
structured in order to ensure, to the maximum extent possible,
that number of projects awarded under each auction is the same.
(3) Loan disbursements.--A loan made under this section
shall be disbursed during the primary term of the loan
agreement whenever the market price falls below the strike
price. The amount of such disbursement shall be equal to the
excess of the strike price over the market price in each given
week, times the sales of the project for the following week
(but not more than a total level of disbursements specified in
the agreement).
(4) Loan repayments.--The Secretary shall establish terms
and conditions, including interest rates and amortization
schedules, for the repayment of such loan within the full term
of the loan agreement, subject to the following limitations:
(A) In any calendar quarter during the primary term
of the agreement the loan recipient may elect to defer
some or all of its repayment obligations due in that
quarter if any new loan disbursements have been made in
that quarter. Any unpaid obligations will continue to
accrue interest.
(B) If in any calendar quarter during the primary
term of the agreement the market price is greater than
the strike price, the loan recipient shall meet its
scheduled repayment obligation plus deferred repayment
obligations, but shall not be required to pay in that
quarter an amount that is more than the excess of the
market price over the strike price, times the output of
the project.
(C) Unless the Secretary determines otherwise, at
the end of the primary term of the agreement, the
cumulative amount of any remaining repayment
obligations, together with accrued interest, shall be
amortized (with interest) over the remainder of the
full term of the agreement.
(c) Compliance With Federal Credit Reform Act.--Loans under this
section shall be subject to the requirements of the Federal Credit
Reform Act of 1990. | Clean, Renewable Jet Fuel Act - Directs the Secretary of Agriculture (USDA) to enter into a standby loan agreement with the owners or operators of not more than 10 qualifying jet fuel projects.
Defines "qualifying jet fuel project" as a project located in the United States that produces at least 25 million gallons per year of liquid aviation turbine fuel or blending component that: (1) has at least 50% less lifecycle greenhouse gas emissions than petroleum; (2) is produced from renewable biomass; and (3) meets, or can be blended to produce a fuel that meets, an American Society of Testing and Materials (ASTM) standard for aviation turbine fuels. | {"src": "billsum_train", "title": "To authorize the Secretary of Agriculture to make loans to qualified projects for the production of renewable source jet fuel."} | 1,113 | 139 | 0.606373 | 1.67025 | 0.657583 | 5.469231 | 7.969231 | 0.930769 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Medical Services Support
Act''.
SEC. 2. FEDERAL INTERAGENCY COMMITTEE ON EMERGENCY MEDICAL SERVICES.
(a) Establishment.--The Secretary of Transportation and the
Secretary of Homeland Security, through the Under Secretary for
Emergency Preparedness and Response and in consultation with the
Secretary of Health and Human Services, shall establish a Federal
Interagency Committee on Emergency Medical Services (in this Act
referred to as the ``Interagency Committee on EMS'') to improve
coordination and enhance support of emergency medical services.
(b) Membership.--The Interagency Committee on EMS shall consist of
the following officials, or their designees:
(1) The Administrator of the National Highway Traffic
Safety Administration.
(2) The Director of the Office for Domestic Preparedness of
the Department of Homeland Security.
(3) The Administrator of the Health Resources and Services
Administration of the Department of Health and Human Services.
(4) The Director of the Centers for Disease Control and
Prevention of the Department of Health and Human Services.
(5) The Administrator of the United States Fire
Administration of the Department of Homeland Security.
(6) The Administrator of the Centers for Medicare &
Medicaid Services of the Department of Health and Human
Services.
(7) The Undersecretary of Defense for Personnel and
Readiness.
(8) The Assistant Secretary for Public Health Emergency
Preparedness of the Department of Health and Human Services.
(9) The Director of the Indian Health Service of the
Department of Health and Human Services.
(10) The Bureau Chief of the Wireless Telecommunications
Bureau of the Federal Communications Commission.
(11) A representative of any other Federal agency
identified by the Secretary of Transportation or the Secretary
of Homeland Security, through the Under Secretary for Emergency
Preparedness and Response and in consultation with the
Secretary of Health and Human Services, as having a significant
role in relation to the purposes of the Interagency Committee
on EMS.
(c) Leadership.--The members of the Interagency Committee on EMS
shall annually select an individual from among the members of the
Committee to serve as chairperson of the Committee.
(d) Activities.--The Interagency Committee on EMS shall carry out
the following activities:
(1) Ensuring coordination among the Federal agencies
represented on the Interagency Committee on EMS with State,
local, tribal, or regional emergency medical services and 9-1-1
systems.
(2) Identifying State, local, tribal, or regional emergency
medical services and 9-1-1 needs.
(3) Ensuring that emergency medical services are
appropriately integrated with homeland security and other
emergency response programs.
(4) Recommending new or expanded programs, including grant
programs, for--
(A) improving State, local, tribal, or regional
emergency medical services; and
(B) implementing improved interoperable voice and
data emergency medical services and communications
technologies, including wireless 9-1-1.
(5) Identifying ways to streamline the process through
which Federal agencies support State, local, tribal, or
regional emergency medical services.
(6) Assisting State, local, tribal, or regional emergency
medical services in setting priorities based on identified
needs.
(7) Advising, consulting, and making recommendations on
matters relating to the implementation of the coordinated State
emergency medical services programs.
(e) Meetings.--The Interagency Committee on EMS shall meet as
frequently as is determined necessary by the chairperson of the
Committee, but no less frequently than quarterly.
(f) Administration.--The Administrator of the National Highway
Traffic Safety Administration, in cooperation with the Director of the
Office for Domestic Preparedness of the Department of Homeland
Security, shall provide administrative support to the Interagency
Committee on EMS, including scheduling meetings, setting agendas,
keeping minutes and records, and producing reports.
(g) Annual Reports.--The Interagency Committee on EMS shall prepare
and submit an annual report to Congress on the Committee's activities,
actions, and recommendations, and shall include in such report a
description of respective Federal agency responsibility, support, and
coordination of emergency medical services systems.
SEC. 3. FEDERAL INTERAGENCY COMMITTEE ON EMERGENCY MEDICAL SERVICES
ADVISORY COUNCIL.
(a) Establishment.--There is established a Federal Interagency
Committee on Emergency Medical Services Advisory Council (in this Act
referred to as the ``Advisory Council'') that shall consist of not more
than 13 individuals with an interest or expertise in emergency medical
services selected by the Interagency Committee on EMS.
(b) Membership.--In selecting members of the Advisory Council, the
Interagency Committee on EMS shall ensure that the Advisory Council
represents--
(1) both urban and rural areas; and
(2) all sectors of the emergency medical services
community.
(c) Leadership.--Members of the Advisory Council shall annually
select an individual from among the members of the Council to serve as
chairperson of the Advisory Council.
(d) Activities.--The Advisory Council shall make recommendations to
the Interagency Committee on EMS on topics including the following:
(1) Improved coordination and support of emergency medical
services systems among Federal programs.
(2) Development of a national emergency medical services
plan.
(3) Standards, guidelines, benchmarks, and data collection
on emergency medical services.
(4) Guidelines for conducting needs assessments for
improving community-based emergency medical services systems at
State and local levels.
(5) Creation of new, or the expansion of existing, grants
or other programs for improving community-based emergency
medical services.
(6) Consolidation or realignment of Federal agency or
program responsibility for emergency medical services.
(7) Strengthening emergency medical services systems
through enhanced workforce development, education, training,
exercises, equipment, medical oversight, and other areas.
(8) Issues or topics to be addressed in the annual report
of the Interagency Committee on EMS.
(e) Annual Report.--Before the Interagency Committee on EMS submits
the annual report required under section 2(g) to Congress, the Advisory
Council shall review the report and include independent information or
recommendations for inclusion in the report, as deemed appropriate by
the Advisory Council.
(f) Meetings.--The Advisory Council--
(1) shall meet at the same time and place as the
Interagency Committee on EMS, when such Committee meets; and
(2) may conduct independent meetings to receive public
comment and collect data and information.
(g) Compensation and Reimbursement.--
(1) Compensation.--The members of the Advisory Council
shall receive no pay by reason of their service as a member of
the Advisory Council.
(2) Travel expenses.--The members of the Advisory Council
shall be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter 1 of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the Advisory Council.
(h) Administration.--The Administrator of the National Highway
Traffic Safety Administration, in cooperation with the Director of the
Office for Domestic Preparedness of the Department of Homeland
Security, shall provide administration support to the Advisory Council. | Emergency Medical Services Support Act - Requires the Secretary of Transportation and the Secretary of Homeland Security, through the Under Secretary for Emergency Preparedness and Response, to establish a Federal Interagency Committee on Emergency Medical Services to improve coordination and enhance support of emergency medical services (EMS) by: (1) ensuring coordination among Federal agencies with State and local EMS systems and integration with homeland security and other emergency response programs; (2) recommending programs to improve State and local EMS systems and to implement improved interoperable communications technologies; (3) identifying ways to streamline Federal support for State and local EMS; (4) assist such EMS with setting priorities based on identified needs; and (5) advising, consulting, and making recommendations on implementing coordinated State EMS programs.
Establishes a Federal Interagency Committee on Emergency Medical Services Advisory Council to make recommendations to the Committee on EMS topics, including improved coordination of EMS systems, development of a national emergency medical services plan, EMS standards and guidelines, realignment of Federal program responsibility for EMS, strengthened EMS systems, and Committee annual reports to Congress.
Sets forth reporting requirements.
Requires the Administrator of the National Highway Traffic Safety Administration, in cooperation with the Director of the Office for Domestic Preparedness of the Department of Homeland Security, to provide administrative support to the Committee and the Council. | {"src": "billsum_train", "title": "A bill to establish a Federal Interagency Committee on Emergency Medical Services and a Federal Interagency Committee on Emergency Medical Services Advisory Council, and for other purposes."} | 1,543 | 286 | 0.684805 | 1.920932 | 0.896593 | 4.019685 | 5.759843 | 0.956693 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Renewable Energy from Agricultural
Products (REAP) Act''.
SEC. 2. CREDIT FOR ELECTRICITY PRODUCED FROM BIOMASS.
(a) Extension and Modification of Placed-In-Service Rules.--
Paragraph (3) of section 45(c) of the Internal Revenue Code of 1986 is
amended--
(1) by striking subparagraph (B) and inserting the
following new subparagraph:
``(B) Closed-loop biomass facility.--In the case of
a facility using closed-loop biomass to produce
electricity, the term `qualified facility' means any
facility--
``(i) owned by the taxpayer which is
originally placed in service after December 31,
1992, and before January 1, 2007, or
``(ii) owned by the taxpayer which is
originally placed in service on or before
December 31, 1992, and modified to use closed-
loop biomass to co-fire with coal before
January 1, 2007.'',
(2) by striking ``2002'' in subparagraph (C) and inserting
``2007'', and
(3) by adding at the end the following new subparagraphs:
``(D) Biomass facilities.--In the case of a
facility using biomass (other than closed-loop biomass)
to produce electricity, the term `qualified facility'
means any facility owned by the taxpayer which is
originally placed in service before January 1, 2007.
``(E) Special rules.--In the case of a qualified
facility described in subparagraph (B)(ii) or (D)--
``(i) the 10-year period referred to in
subsection (a) shall be treated as beginning no
earlier than the date of the enactment of this
subparagraph,
``(ii) subsection (b)(3) shall not apply to
any such facility originally placed in service
before January 1, 1997, and
``(iii) if such a facility is leased and
the operator thereof is the lessee, such lessee
(and not the owner) shall be treated for
purposes of this section as owning such
facility.''.
(b) Biomass Facilities.--
(1) In general.--Section 45(c)(1) of such Act (defining
qualified energy resources) is amended--
(A) by striking ``and'' at the end of subparagraph
(B),
(B) by striking the period at the end of
subparagraph (C) and inserting ``, and'', and
(C) by adding at the end the following new
subparagraph:
``(D) biomass (other than closed-loop biomass).''.
(2) Biomass defined.--Section 45(c) of such Code (relating
to definitions) is amended by adding at the end the following
new paragraph:
``(5) Biomass.--The term `biomass' means any solid,
nonhazardous, cellulosic waste material which is segregated
from other waste materials and which is derived from--
``(A) any of the following forest-related
resources: mill residues, precommercial thinnings,
slash, and brush, but not including old-growth timber,
``(B) solid wood waste materials, including waste
pallets, crates, dunnage, manufacturing and
construction wood wastes (other than pressure-treated,
chemically treated, or painted wood wastes), and
landscape or right-of-way tree trimmings, but not
including municipal solid waste (garbage), gas derived
from the biodegradation of solid waste, or paper that
is commonly recycled, or
``(C) agriculture sources, including orchard tree
crops, vineyard, grain, legumes, sugar, and other crop
by-products or residues.''.
(c) Effective Date.--The amendments made by this section shall
apply to electricity sold after the date of the enactment of this Act.
SEC. 3. CREDIT FOR ELECTRICITY PRODUCED FROM AGRICULTURAL AND ANIMAL
WASTE.
(a) In General.--Paragraph (1) of section 45(c) of the Internal
Revenue Code of 1986, as amended by section 2, is amended by striking
``and'' at the end of subparagraph (C), by striking the period at the
end of subparagraph (D) and inserting ``, and'', and by adding at the
end the following new subparagraph:
``(E) agricultural and animal waste.''.
(b) Agricultural and Animal Waste.--Section 45(c) of such Code
(relating to definitions) is amended by adding at the end the following
new paragraph:
``(6) Agricultural and animal waste.--The term
`agricultural and animal waste' means all waste heat, steam,
and fuels produced from the conversion of agricultural and
animal wastes, including byproducts, packaging, and any
materials associated with the processing, feeding, selling,
transporting, and disposal of agricultural and animal products
or wastes, including wood shavings, straw, rice hulls, and
other bedding for the disposition of manure.''.
(c) Agricultural and Animal Waste Facilities.--Paragraph (3) of
section 45(c) of such Code is amended by adding at the end the
following new subparagraph:
``(F) Agricultural and animal waste facilities.--In
the case of a facility using agricultural and animal
waste to produce electricity, the term `qualified
facility' means any facility owned by the taxpayer
which is originally placed in service after December
31, 1992, and before January 1, 2005.''.
(d) Effective Date.--The amendments made by this section shall
apply to electricity sold after the date of the enactment of this Act.
SEC. 4. REDUCTION OF MOTOR FUEL EXCISE TAX ON BIODIESEL MIXTURES.
(a) In General.--Section 4081 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(f) Biodiesel Mixtures.--Under regulations prescribed by the
Secretary--
``(1) In general.--The rate of tax under subsection (a)
shall be 3 cents per gallon less than the otherwise applicable
rate in the case of the removal or entry of a qualified
biodiesel mixture.
``(2) Tax prior to mixing.--In the case of the removal or
entry of diesel fuel for use in producing at the time of such
removal or entry a qualified biodiesel mixture, the rate of tax
under subsection (a) shall be the 3.06 cents per gallon less
than the otherwise applicable rate.
``(3) Qualified biodiesel mixture.--For purposes of this
subsection, the term `qualified biodiesel mixture' means any
mixture of diesel fuel and biodiesel (as defined in section
312(f) of the Energy Policy Act of 1992) if at least 2 percent
of such mixture is biodiesel (as so defined).
``(5) Certain rules to apply.--Rules similar to the rules
of paragraphs (6) and (7) of subsection (c) shall apply for
purposes of this subsection.''.
(b) Conforming Amendments.--
(1) Section 4041 of such Code is amended by adding at the
end the following new subsection:
``(n) Biodiesel Mixtures.--Under regulations prescribed by the
Secretary, in the case of the sale or use of a qualified biodiesel
mixture (as defined in section 4081(f)), the rates under paragraphs (1)
and (2) of subsection (a) shall be 3 cents per gallon less than the
otherwise applicable rates.''.
(2) Section 6427 of such Code is amended by redesignating
subsection (p) as subsection (q) and by inserting after
subsection (o) the following new subsection:
``(p) Biodiesel Mixtures.--Except as provided in subsection (k), if
any diesel fuel on which tax was imposed by section 4081 at a rate not
determined under section 4081(f) is used by any person in producing a
qualified biodiesel mixture (as defined in section 4081(f)) which is
sold or used in such person's trade or business, the Secretary shall
pay (without interest) to such person an amount equal to 3.06 cents per
gallon with respect to such fuel.''.
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 2002.
(d) Highway Trust Fund Held Harmless.--There are hereby transferred
(from time to time) from the funds of the Commodity Credit Corporation
amounts equivalent to the reductions that would occur (but for this
subsection) in the receipts of the Highway Trust Fund by reason of the
amendments made by this section.
SEC. 5. HARVESTING OF SWITCH GRASS ON CONSERVATION RESERVE ACREAGE FOR
USE IN ENERGY PRODUCTION.
Section 1232(a)(7)(A) of the Food Security Act of 1985 (16 U.S.C.
3832(a)(7)(A)) is amended--
(1) by striking ``and'' at the end of clause (i); and
(2) by inserting after clause (ii) the following new
clause:
``(iii) harvesting of switch grass on such
land when the purpose of the harvesting is to
provide biomass for energy production, and such
commercial use of the harvested grass shall be
permitted without reduction in rental payments
under the contact; and''.
SEC. 6. USE OF BIODIESEL FUEL IN FEDERAL VEHICLES.
Federal agencies shall use biodiesel fuel to operate any Federal
vehicle that uses diesel fuel, unless the cost of doing so is
prohibitive. | Renewable Energy from Agricultural Products (REAP) Act - Amends the Internal Revenue Code respecting the credit for electricity produced from certain renewable resources to: (1) extend the credit; (2) expand the scope of qualifying closed-loop facilities; (3) make qualifying biomass (other than closed-loop biomass) and biomass facilities eligible for the credit; and (4) include electricity produced from agricultural and animal waste within the credit.Establishes a reduced excise tax rate for qualified biodiesel mixtures.Amends the Food Security Act of 1985 to permit harvesting of switch grass on conservation reserve acreage for energy production purposes.Requires Federal diesel vehicles to use biodiesel fuel unless cost-prohibitive. | {"src": "billsum_train", "title": "To encourage the use of agricultural products in producing renewable energy."} | 2,197 | 159 | 0.497431 | 1.270657 | 0.743712 | 3.229008 | 14.610687 | 0.862595 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Genetically Engineered Food Right-
to-Know Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In 1999, 98,600,000 acres in the United States were
planted with genetically engineered crops, and more than \1/3\
of the soybean crop, and \1/4\ of the corn crop, in the United
States was genetically engineered.
(2) The process of genetically engineering foods results in
the material change of such foods.
(3) The health and environmental effects of genetically
engineered foods are not yet known.
(4) Individuals in the United States have the right to know
whether food contains or has been produced with genetically
engineered material.
(5) Federal law gives individuals in the United States the
right to know whether food contains artificial colors and
flavors, chemical preservatives, and artificial sweeteners by
requiring the labeling of such food.
(6) Requirements that genetically engineered food be
labeled as genetically engineered would increase consumer
knowledge about, and consumer control over consumption of,
genetically engineered food.
(7) Genetically engineered material can be detected in food
at levels as low as 0.1 percent by reasonably available
technology.
SEC. 3. LABELING REGARDING GENETICALLY ENGINEERED MATERIAL; AMENDMENTS
TO FEDERAL FOOD, DRUG, AND COSMETIC ACT.
(a) In General.--Section 403 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the
following paragraph:
``(t)(1) If it contains a genetically engineered material, or was
produced with a genetically engineered material, unless it bears a
label (or labeling, in the case of a raw agricultural commodity) that
provides notices in accordance with each of the following requirements:
``(A) The label or labeling bears the following notice:
`GENETICALLY ENGINEERED'.
``(B) The label or labeling bears the following notice:
`THIS PRODUCT CONTAINS A GENETICALLY ENGINEERED MATERIAL, OR
WAS PRODUCED WITH A GENETICALLY ENGINEERED MATERIAL'.
``(C) The notice required in clause (A) immediately
precedes the notice required in clause (B) and the type for the
notice required in clause (A) is not less than twice the size
of the type for the notice required in clause (B).
``(D) The notice required in clause (B) is the same size as
would be required if the notice provided nutrition information
that is required in paragraph (q)(1).
``(E) The notices required in clauses (A) and (B) are
clearly legible and conspicuous.
``(2) This paragraph does not apply to food that--
``(A) is served in restaurants or other similar eating
establishments, such as cafeterias and carryouts;
``(B) is a medical food as defined in section 5(b) of the
Orphan Drug Act; or
``(C) was grown on a tree that was planted before the date
of enactment of the Genetically Engineered Food Right-to-Know
Act, in a case in which the producer of the food does not know
if the food contains a genetically engineered material, or was
produced with a genetically engineered material.
``(3) In this paragraph:
``(A) The term `genetically engineered material' means
material derived from any part of a genetically engineered
organism, without regard to whether the altered molecular or
cellular characteristics of the organism are detectable in the
material.
``(B) The term `genetically engineered organism' means--
``(i) an organism that has been altered at the
molecular or cellular level by means that are not
possible under natural conditions or processes
(including recombinant DNA and RNA techniques, cell
fusion, microencapsulation, macroencapsulation, gene
deletion and doubling, introduction of a foreign gene,
and a process that changes the positions of genes),
other than a means consisting exclusively of breeding,
conjugation, fermentation, hybridization, in vitro
fertilization, or tissue culture; and
``(ii) an organism made through sexual or asexual
reproduction, or both, involving an organism described
in subclause (i), if possessing any of the altered
molecular or cellular characteristics of the organism
so described.
``(C) The term `produced with a genetically engineered
material', used with respect to a food, means a food if--
``(i) the organism from which the food is derived
has been injected or otherwise treated with a
genetically engineered material (except that the use of
manure as a fertilizer for raw agricultural commodities
may not be construed to be production with a
genetically engineered material);
``(ii) the animal from which the food is derived
has been fed genetically engineered material; or
``(iii) the food contains an ingredient that is a
food to which subclause (i) or (ii) applies.''.
(b) Guaranty.--
(1) In general.--Section 303(d) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 333(d)) is amended--
(A) by striking ``(d)'' and inserting ``(d)(1)'';
and
(B) by adding at the end the following paragraph:
``(2)(A) No person shall be subject to the penalties of subsection
(a)(1) or (h) for a violation of section 301(a), 301(b), or 301(c)
involving food that is misbranded within the meaning of section 403(t)
if such person (referred to in this paragraph as the `recipient')
establishes a guaranty or undertaking that--
``(i) is signed by, and contains the name and address of, a
person residing in the United States from whom the recipient
received in good faith the food (including the receipt of seeds
to grow raw agricultural commodities); and
``(ii) contains a statement to the effect that the food
does not contain a genetically engineered material or was not
produced with a genetically engineered material.
``(B) In the case of a recipient who, with respect to a food,
establishes a guaranty or undertaking in accordance with subparagraph
(A), the exclusion under such subparagraph from being subject to
penalties applies to the recipient without regard to the manner in
which the recipient uses the food, including whether the recipient is--
``(i) processing the food;
``(ii) using the food as an ingredient in a food product;
``(iii) repacking the food; or
``(iv) growing, raising, or otherwise producing the food.
``(C) No person may avoid responsibility or liability for a
violation of section 301(a), 301(b), or 301(c) involving food that is
misbranded within the meaning of section 403(t) by entering into a
contract or other agreement that specifies that another person shall
bear such responsibility or liability, except that a recipient may
require a guaranty or undertaking as described in this subsection.
``(D) In this paragraph, the terms `genetically engineered
material' and `produced with a genetically engineered material' have
the meanings given the terms in section 403(t).''.
(2) False guaranty.--Section 301(h) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 331(h)) is amended by
inserting ``or 303(d)(2)'' before ``, which guaranty or
undertaking is false'' the first place it appears.
(c) Unintended Contamination.--Section 303(d) of the Federal Food,
Drug, and Cosmetic Act, as amended by subsection (b)(1), is further
amended by adding at the end the following paragraph:
``(3)(A) No person shall be subject to the penalties of subsection
(a)(1) or (h) for a violation of section 301(a), 301(b), or 301(c)
involving food that is misbranded within the meaning of section 403(t)
if--
``(i) such person is an agricultural producer and the
violation occurs because food that is grown, raised, or
otherwise produced by such producer, which food does not
contain a genetically engineered material and was not produced
with a genetically engineered material, is contaminated with a
food that contains a genetically engineered material or was
produced with a genetically engineered material (including
contamination by mingling the 2 foods); and
``(ii) such contamination is not intended by the
agricultural producer.
``(B) Subparagraph (A) does not apply to an agricultural producer
to the extent that the contamination occurs as a result of the
negligence of the producer.''.
(d) Civil Penalties.--Section 303 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 333) is amended by adding at the end the
following subsection:
``(h)(1) With respect to a violation of section 301(a), 301(b), or
301(c) involving food that is misbranded within the meaning of section
403(t), any person engaging in such a violation shall be liable to the
United States for a civil penalty in an amount not to exceed $1,000 for
each such violation.
``(2) Paragraphs (3) through (5) of subsection (g) apply with
respect to a civil penalty assessed under paragraph (1) to the same
extent and in the same manner as such paragraphs (3) through (5) apply
with respect to a civil penalty assessed under paragraph (1) or (2) of
subsection (g).''.
SEC. 4. GRANTS FOR RESEARCH ON GENETICALLY ENGINEERED FOOD.
Chapter IX of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
391 et seq.) is amended by adding at the end the following:
``SEC. 908. GRANTS FOR RESEARCH ON GENETICALLY ENGINEERED FOOD.
``(a) In General.--The Secretary may make grants to appropriate
individuals, organizations, and institutions to conduct research into
the public health and environmental risks associated with genetically
engineered materials, food that contains a genetically engineered
material, and food that is produced with a genetically engineered
material, including risks related to--
``(1) increased allergenicity;
``(2) increased toxicity;
``(3) cross-pollination between genetically engineered
materials and materials that are not genetically engineered
materials; and
``(4) interference with the soil ecosystem and other
impacts on the ecosystem.
``(b) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
$5,000,000 for fiscal year 2001 to carry out the objectives of
this section.
``(2) Availability.--Any sums appropriated under the
authorization contained in this subsection shall remain
available, without fiscal year limitation, until expended.
``(c) Definitions.--The terms `genetically engineered material' and
`produced with a genetically engineered material' have the meanings
given the terms in section 403(t)(3) of the Federal Food, Drug, and
Cosmetic Act.''.
SEC. 5. CONFORMING AMENDMENTS.
(a) Section 1(n) of Public Law 90-201 is amended--
(1) in paragraph (11), by striking ``or'' at the end;
(2) in paragraph (12), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(13) if--
``(A) it contains a genetically engineered
material, or was produced with a genetically engineered
material; and
``(B)(i) it does not bear a label or labeling, as
appropriate, that provides the notices required under
the terms and conditions of section 403(t) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C.
343(t)); or
``(ii) it is the subject of a false guaranty or
undertaking,
subject to the terms and conditions of section 303(d) of that
Act (21 U.S.C. 333(d)) and subject to the penalties described
in section 303(h) of that Act (21 U.S.C. 333(h)) and remedies
available under this Act.''.
(b) Section 4(h) of Public Law 85-172 is amended--
(1) in paragraph (11), by striking ``or'' at the end;
(2) in paragraph (12), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(13) if--
``(A) it contains a genetically engineered
material, or was produced with a genetically engineered
material; and
``(B)(i) it does not bear a label or labeling, as
appropriate, that provides the notices required under
the terms and conditions of section 403(t) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C.
343(t)); or
``(ii) it is the subject of a false guaranty or
undertaking,
subject to the terms and conditions of section 303(d) of that
Act (21 U.S.C. 333(d)) and subject to the penalties described
in section 303(h) of that Act (21 U.S.C. 333(h)) and remedies
available under this Act.''.
SEC. 6. EFFECTIVE DATE.
This Act and the amendments made by this Act take effect 180 days
after the date of enactment of this Act. | Authorizes grants to appropriate individuals, organizations, and institutions to conduct research into the public health and environmental risks associated with genetically engineered materials, food that contains a genetically engineered material, and food that is produced with a genetically engineered material. Authorizes appropriations. | {"src": "billsum_train", "title": "Genetically Engineered Food Right-to-Know Act"} | 3,242 | 63 | 0.532241 | 1.286988 | 0.622178 | 8.270833 | 57.979167 | 0.9375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Northern Cheyenne Lands Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Northern Cheyenne Tribe has depended on its lands
and land-based resources to support its way of life since time
immemorial.
(2) The Tribe has made supreme and historic sacrifices to
repossess and maintain its homeland, including its Reservation
in Montana.
(3) The Tribe currently suffers from tremendous social and
economic challenges, including a lack of employment
opportunities on the Reservation, which can be improved by
strengthening its control over its land base, natural
resources, and trust funds.
(4) The Tribe and its members are currently the beneficial
owners of over 95 percent of the surface lands on the Northern
Cheyenne Reservation and all but approximately 5,000 subsurface
acres of the Reservation.
(5) The Tribe seeks to obtain ownership of approximately
5,000 subsurface acres on its Reservation it does not own
because of an error by the United States to secure that
subsurface when the Reservation was expanded in 1900.
(6) In 2002, the Tribe agreed by settlement to dismiss its
lawsuit against the United States, which alleged that the
United States failed to protect the Reservation from the
impacts of coal development, in return for assistance in
securing tribal ownership of those subsurface rights
substantially in the form of this Act, and to secure mitigation
funding to address the impacts of coal development in areas
adjacent to the Reservation, among other conditions.
(7) To increase tribal ownership of the surface lands, the
Tribe has purchased approximately 932 acres of land within its
Reservation that were taken out of trust ownership status for
various reasons.
(8) The Tribe has purchased approximately 635 acres of land
near Bear Butte, South Dakota, which the Tribe considers sacred
ground for its members, as well as for members of other tribes.
(9) The Tribe now seeks to have the aforementioned lands
and subsurface within the Reservation and Bear Butte lands
taken into trust on its behalf by the United States.
(10) If the actions authorized by this Act are completed,
the Tribe will waive all legal claims against the United States
arising out of the longstanding loss of the subsurface rights
and arising out of the United States management of the Northern
Cheyenne Trust Fund.
SEC. 3. DEFINITIONS.
In this Act:
(1) Fund.--The term ``Fund'' means the Northern Cheyenne
Trust Fund identified in the June 7, 1999 Agreement Settling
Certain Issues Relating to the Tongue River Dam Project which
was entered into by the Tribe, the State of Montana, and
delegates of the Secretary of the Interior, and managed by the
Office of Special Trustee in the Department of the Interior.
(2) Great northern properties.--The term ``Great Northern
Properties'' means the Great Northern Properties Limited
Partnership, which is a Delaware limited partnership.
(3) Permanent fund.--The term ``Permanent Fund'' means the
Northern Cheyenne Tribe Permanent Fund managed by the Northern
Cheyenne Tribe pursuant to the Plan for Investment, Management
and Use of the Fund, as amended by vote of the Tribal
membership on November 2, 2010.
(4) Reservation.--The term ``Reservation'' means the
Northern Cheyenne Reservation.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of Montana.
(7) Tribe.--The term ``Tribe'' means the Northern Cheyenne
Tribe.
SEC. 4. TRIBAL FEE LANDS TO BE TAKEN INTO TRUST.
Not later than 60 days after the date of the enactment of this Act,
the Secretary shall take the approximately 1,568 acres of land depicted
on the map entitled ``Northern Cheyenne Land Act--Fee-to-Trust Lands''
and dated March 26, 2014, and on the map entitled ``Northern Cheyenne
Land Act--Fee-to-Trust Lands--Lame Deer Townsite'', and dated March 26,
2014, into trust for the benefit of the Northern Cheyenne Tribe.
SEC. 5. MINERAL RIGHTS TO BE TAKEN INTO TRUST.
(a) Completion of Mineral Conveyances.--Not later than 60 days
after the date on which the Secretary receives the notification
described in subsection (d), in a single transaction--
(1) Great Northern Properties shall convey to the Tribe all
right, title, and interest of Great Northern Properties,
consisting of coal and iron ore mineral interests, underlying
the land on the Northern Cheyenne Reservation generally
depicted as ``Great Northern Properties'' on the map entitled
``Northern Cheyenne Land Act--Coal Tracts'' and dated February
27, 2014;
(2) the Secretary shall convey to Great Northern Properties
all right, title, and interest of the United States in and to
the coal mineral interests underlying the land generally
depicted as ``Bull Mountains'' and ``East Fork'' on the map
entitled ``Northern Cheyenne Land Act--Coal Tracts'' and dated
February 27, 2014; and
(3) the Secretary shall ensure that the deed for the
conveyance authorized by paragraph (2) shall include a
covenant, running with the land--
(A) that precludes the coal conveyed from being
mined by methods other than underground mining
techniques until any surface owner (as defined in
section 714 of Public Law 95-87 (30 U.S.C. 1304(e)))
for any specific tract has given written consent to
Great Northern Properties to enter such specific tract
and commence surface mining; and
(B) shall not create any property interest in the
United States or any surface owner (as defined in
section 714 of Public Law 95-87 (30 U.S.C. 1304(e))).
(b) Trust Status.--Upon tribal request, the coal and iron ore
mineral interests conveyed to the Tribe under this section shall be
held in trust by the United States for the benefit of the Tribe.
(c) Immunities.--The right, title, and interests conveyed to the
Tribe under subsection (a)(1) shall not be subject to taxation by the
State of Montana (including any political subdivision of the State of
Montana).
(d) Revenue Sharing Agreement.--Consistent with the Settlement
Agreement entered into effective February 19, 2002, by the Montana
State Board of Land Commissioners and the Tribe, the Tribe and Great
Northern Properties have agreed on a formula for sharing revenue from
development of the Northern Cheyenne Federal Tracts in the event that
the Northern Cheyenne Federal Tracts are developed at a later date. The
Tribe shall notify the Secretary in writing that the revenue sharing
agreement remains in effect.
(e) Waiver of Legal Claims.--In return for the conveyances of
mineral interests under subsection (a)--
(1) the Tribe shall waive any and all claims arising from
the continuing failure of the United States to acquire the
private coal and iron ore mineral interests identified in
subsection (a)(1) in trust for the Tribe as part of the
Reservation as directed by Congress in 1900; and
(2) Great Northern Properties shall waive any claim against
the United States relating to the value or completion of the
conveyances under subsection (a).
(f) Rescission of Mineral Conveyances.--If any portion of the
mineral conveyances under subsection (a) is invalidated by a court of
competent jurisdiction and the judgment of that court is not vacated or
reversed on appeal--
(1) not later than 1 year after the date on which there is
a final judgment, the Secretary or Great Northern Properties
may rescind completely each mineral conveyance under subsection
(a); and
(2) if the Secretary or Great Northern Properties carries
out a rescission under paragraph (1), the waiver of the Tribe
under this section shall be considered to be rescinded.
SEC. 6. TRANSFER OF NORTHERN CHEYENNE TRUST FUND TO TRIBE.
(a) Transfer of Fund.--Not later than 30 days after the date of the
enactment of this Act, the Fund shall be transferred to the Tribe and
deposited into the Tribe's Permanent Fund.
(b) Permitted Uses of Fund.--The principal of the Fund, upon
deposit in the Permanent Fund, shall be maintained in perpetuity, and
the earnings of the Permanent Fund shall be used as provided in the
Northern Cheyenne Tribe Permanent Fund Plan.
(c) Waiver of Legal Claims.--In return for transfer of the Fund
under subsection (a), the Tribe shall waive any and all claims arising
from the United States management of the Fund.
SEC. 7. ELIGIBILITY FOR OTHER FEDERAL BENEFITS.
No sums or other benefits provided to the Tribe under this Act
shall result in the reduction or denial of any Federal services,
benefits, or programs to the Tribe or to any member of the Tribe to
which the Tribe or member is entitled or eligible because of--
(1) the status of the Tribe as a federally recognized
Indian tribe; or
(2) the status of the member as a member of the Tribe. | Northern Cheyenne Lands Act - Directs the Secretary of the Interior to take approximately 1,568 acres of land in Montana into trust for the Northern Cheyenne Tribe. Requires Great Northern Properties to convey to the Tribe its coal and iron ore mineral interests underlying the land on the Northern Cheyenne Reservation in exchange for U.S. coal mineral interests underlying the land referred to as Bull Mountains and East Fork. Sets forth conditions on the conveyance to Great Northern Properties. Directs the Secretary to ensure that the deed for those federal coal mineral interests includes a covenant that precludes surface mining of the coal unless certain conditions are met. Prohibits Montana from taxing the mineral interests this Act conveys to the Tribe. Sets forth conditions regarding waiver of claims by the Tribe and Great Northern Properties. Requires the Northern Cheyenne Trust Fund to be transferred to the Tribe in exchange for the Tribe waiving all of its claims arising from U.S. management of the Fund. | {"src": "billsum_train", "title": "Northern Cheyenne Lands Act"} | 2,069 | 225 | 0.548071 | 1.656003 | 0.869914 | 2.704545 | 10.454545 | 0.852273 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ending Childhood Hunger Challenge
Act of 2010''.
SEC. 2. STATE CHILDHOOD HUNGER CHALLENGE GRANTS.
The Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et
seq.) is amended by inserting after section 22 the following:
``SEC. 23. STATE CHILDHOOD HUNGER CHALLENGE GRANTS.
``(a) In General.--From the amounts appropriated under subsection
(k), the Secretary may competitively award grants, or enter into
competitively awarded cooperative agreements with, the Governors of
States to carry out comprehensive and innovative demonstration projects
to end childhood hunger, including projects that establish public-
private partnerships and alternative models for service delivery that
promote the reduction or elimination of childhood hunger by 2015.
``(b) Grant Size.--In determining the size of a grant to award to a
State under this section, the Secretary shall consider--
``(1) the proportion of children in the State certified as
eligible for free and reduced price meals under this Act; and
``(2) the rates of food insecurity, hunger, or poverty in
the State, as determined by the Secretary.
``(c) Application.--To be eligible to receive a grant or
cooperative agreement under this section, a Governor of a State shall
submit to the Secretary an application at such time, in such manner,
and containing such information as the Secretary may require.
``(d) Projects.--A Governor of a State receiving funds under this
section shall use such funds to carry out a demonstration project based
on a comprehensive and innovative strategy to end childhood hunger,
including a project that--
``(1) enhances benefits or provides for innovative program
delivery models in the Federal child nutrition programs,
including the school meal programs, afterschool snack programs,
summer feeding programs, weekend feeding programs, child and
adult care food programs, the Special Supplemental Nutrition
Program for Women, Infants, and Children established under the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), and
programs under the Food and Nutrition Act of 2008 (7 U.S.C.
2011 et seq.);
``(2) increase access and participation in Federal child
nutrition programs; and
``(3) improve the coordination of Federal, State, and
community resources and services aimed at eliminating food
insecurity and hunger, including Federal nutrition assistance
programs, Federal child nutrition programs, other Federal,
State, or local assistance programs and services, and private
or nonprofit assistance efforts.
``(e) Selection Criteria.--
``(1) In general.--The Secretary, in consultation with the
Secretaries listed in paragraph (2), shall determine the range
of projects to be funded under this section and evaluate
applications submitted under subsection (c) based on publicly
disseminated criteria that may include--
``(A) a description of the target population,
including children eligible for free or reduced price
meals under this Act or section 4 of the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) that are
at risk of experiencing hunger or food insecurity;
``(B) a commitment to approaches that use rigorous
methodologies for implementation and evaluation, as
described in subsection (g);
``(C) a comprehensive and innovative strategy to
reduce the risk of childhood hunger or provide a
significant improvement to the food security status of
households with children;
``(D) as part of the comprehensive and innovative
strategy, a consideration of approaches to improve the
nutritional status of children eligible for free and
reduced price meals under this Act or section 4 of the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.);
``(E) a partnership among public and private
stakeholders that demonstrates a commitment to
collaborate toward ending childhood hunger through a
coordinated plan;
``(F) a preference for projects with a 25 percent
non-Federal match that may be provided in cash or
fairly evaluated in-kind contributions, including
facilities, equipment, services, or staffing from a
State government, a local government, or a private
source; and
``(G) such other criteria as are determined by the
Secretary.
``(2) Consultation.--The Secretary shall consult with--
``(A) the Secretary of Health and Human Services;
``(B) the Secretary of Labor;
``(C) the Secretary of Education; and
``(D) the Secretary of Housing and Urban
Development.
``(f) Requirements.--A Governor of a State receiving funding under
this section to carry out a demonstration project shall provide for--
``(1) a collaboration among key stakeholders in the State,
such as representatives from business, nonprofits, faith- and
community-based organizations, institutions of higher
education, the philanthropic sector, and public agencies that
oversee Federal child nutrition programs, education, housing,
public health, and other social service programs;
``(2) a collaborative planning process that results in a
comprehensive agenda to eliminate childhood hunger that is--
``(A) described in a detailed project plan; and
``(B) provided to the Secretary for approval;
``(3) an annual budget;
``(4) specific performance goals, including the goal to
sharply reduce or eliminate food insecurity among children in
the State by 2015, as determined through a methodology
prescribed by the Secretary and carried out by the Governor;
and
``(5) an independent evaluation described in subsection
(g).
``(g) Evaluation.--Each Governor of a State receiving funding under
this section, with respect to any project carried out with such funds
in the State, shall carry out an independent evaluation--
``(1) that measures the impact of any activities carried
out under the project on the level of food insecurity in the
State that--
``(A) focuses particularly on the rate of food
insecurity among children in the State;
``(B) includes a preimplementation baseline and
annual measurements taken during the project of the
level of food insecurity in the State; and
``(C) is carried out using a scientifically valid
methodology prescribed by the Secretary; and
``(2) that evaluates--
``(A) the impact of the project on appropriate
participation, food security, nutrition, and associated
behavioral outcomes among participating children; and
``(B) using rigorous experimental designs and
methodologies, particularly random assignment or other
methods that are capable of producing scientifically
valid information, to determine which activities are
effective in reducing the prevalence or preventing the
incidence of food insecurity and hunger in the
community, especially among children.
``(h) Reporting.--Not later than December 31, 2011 and each
December 31 thereafter until the date on which the last evaluation
under subsection (g) of a project funded under this section is
completed, the Secretary shall--
``(1) submit to the Committee on Agriculture and the
Committee on Education and Labor of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate, a report that includes a
description of--
``(A) the status of each demonstration project
carried out with funds under this section; and
``(B) the results of any evaluations of the
demonstration projects completed during the previous
fiscal year; and
``(2) ensure that the evaluation results are shared broadly
to inform policy makers, service providers, other partners, and
the public in order to promote the wide use of successful
strategies.
``(i) Limitations.--
``(1) Duration.--No project may be funded under this
section for more than 5 years.
``(2) Number of project.--No State may receive funds under
this section to carry out more than 1 project.
``(3) Performance basis.--Funds provided under this section
shall be made available to a Governor of a State for each year
of the grant or contract awarded to such State. The amount of
funds provided for each year shall be contingent on the
satisfactory implementation of the project plan submitted under
subsection (f)(2) and progress towards the performance goals
defined in the plan.
``(4) Altering nutrition assistance program requirements.--
``(A) In general.--No project that makes use of,
alters, or coordinates with the supplemental nutrition
assistance program may be funded under this section
unless the project is fully consistent with the project
requirements described in section 17(b)(1)(B) of the
Food and Nutrition Act of 2008 (7 U.S.C.
2026(b)(1)(B)).
``(B) Requirements.--In determining whether a
project is fully consistent with the requirements
described in subparagraph (A) and therefore eligible to
be funded under this section, the Secretary shall
ensure that allowing the project to be funded under
this section--
``(i) would demonstrably advance the goal
of ending childhood hunger, as positively
determined by the Secretary;
``(ii) would preserve all existing
entitlements to nutrition assistance benefits
and services;
``(iii) would not restrict eligibility or
reduce benefits for any individual; and
``(iv) would not result in a transfer of
funding designated by law for a specific
program authorized under this Act, the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.),
the commodity supplemental food program
established under section 5 of the Agriculture
and Consumer Protection Act of 1973 (7 U.S.C.
612c note; Public Law 93-86), the Emergency
Food Assistance Act of 1983 (7 U.S.C. 7501 et
seq.), or the Food and Nutrition Act of 2008 (7
U.S.C. 2011 et seq.), to any other program.
``(5) Other benefits.--Funds made available under this
section may not be used for any project in a manner that is
inconsistent with--
``(A) the Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.);
``(B) the Food and Nutrition Act of 2008 (7 U.S.C.
2011 et seq.); or
``(C) the Emergency Food Assistance Act of 1983 (7
U.S.C. 7501 et seq.).
``(j) Definitions.--For purposes of this section:
``(1) Child.--The term `child' means a person under the age
of 18.
``(2) Eligible entity.--The term `eligible entity' means a
public or private not-for-profit agency or organization, as
determined by the Secretary.
``(3) Governor of a state.--The term `Governor of a State'
means--
``(A) a Governor of a State; or
``(B) an eligible entity approved by a Governor of
a State.
``(k) Authorization of Appropriations.--There are authorized to be
appropriated $50,000,000 to carry out this section for fiscal years
2011 through 2015, to remain available until September 30, 2015.''. | Ending Childhood Hunger Challenge Act of 2010 - Amends the Richard B. Russell National School Lunch Act to authorize the Secretary of Agriculture to award funding competitively to states, through grants or contracts, to carry out comprehensive and innovative demonstration projects that promote the reduction or elimination of childhood hunger by 2015.
Requires the Secretary, when determining the amount of funds to be provided to a state, to consider: (1) the proportion of children in the state eligible for free or reduced price meals under the Act; and (2) the rates of food insecurity, hunger, or poverty in the state.
Includes among the demonstration projects eligible for funding those that: (1) enhance federal child nutrition program benefits or establish innovative models for the delivery of program benefits; (2) increase children's access to and participation in such programs; and (3) improve the coordination of federal, state, and community resources and services aimed at eliminating food insecurity and hunger.
Requires each state that receives such funding to: (1) collaborate with key stakeholders in the state to develop a comprehensive agenda for eliminating childhood hunger that is approved by the Secretary; (2) set specific performance goals for reducing or eliminating childhood hunger; and (3) arrange for an independent evaluation of its project's effectiveness.
Favors projects with a 25% nonfederal match in cash or in-kind contributions.
Limits project funding to five years and states to no more than one funded project.
Makes the amount of federal funding provided for a project each year contingent on its progress toward performance goals. | {"src": "billsum_train", "title": "To amend the Richard B. Russell National School Lunch Act to direct the Secretary to competitively award grants to, or enter into cooperative agreements with, Governors of States to carry out comprehensive and innovative strategies to end childhood hunger, including establishing public-private partnerships and alternative models for service delivery that promote the reduction or elimination of childhood hunger by 2015."} | 2,418 | 312 | 0.703093 | 1.831686 | 0.853517 | 3.957516 | 7.46732 | 0.918301 |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Protecting Seniors
from Health Care Fraud Act of 2016''.
(b) Findings.--Congress finds the following:
(1) Seniors are more vulnerable to fraud than the general
population.
(2) Because seniors require more health care services than
the general population, they need more information on health
care schemes so they can protect themselves.
(3) The Department of Health and Human Services should
provide more up-to-date information in order to educate seniors
on health care scams.
SEC. 2. DISTRIBUTION OF ADDITIONAL INFORMATION TO SENIORS TO PREVENT
HEALTH CARE FRAUD.
Section 1804 of the Social Security Act (42 U.S.C. 1395b-2) is
amended by adding at the end the following new subsection:
``(d) Distribution of Additional Information on Health Care
Fraud.--
``(1) Annual reports on health care fraud schemes.--
``(A) In general.--In connection with the Health
Care Fraud and Abuse Control Program established under
section 1128C, the Secretary, acting through the Office
of the Inspector General of the Department of Health
and Human Services, and the Attorney General, shall
transmit to Congress, and make available to the public,
an annual report on health care fraud schemes that are
targeted to seniors and steps that are being taken to
combat such schemes and to educate seniors concerning
such schemes. The first such report shall be
transmitted and made available not later than 2 years
after the date of the enactment of this subsection.
``(B) Contents of reports.--
``(i) In general.--Subject to clause (ii),
each annual report under subparagraph (A) shall
include the following information:
``(I) Identification of most
prevalent fraud schemes.--The
identification of the 10 most prevalent
health care fraud schemes that are
targeted to seniors and the prevalence
and trends in such schemes.
``(II) Protection of seniors.--
Actions that seniors and law
enforcement and government agencies are
taking and can take to combat such
schemes and to protect seniors against
health care fraud schemes.
``(III) Additional suggestions.--
Policy suggestions to improve
protections for seniors, including
whether the additional information
provided under this subsection is
helping seniors in protecting them
against fraud.
``(ii) Limitations.--The Secretary may--
``(I) omit information from an
annual report on fraud schemes
targeting seniors if public disclosure
of the information would compromise an
ongoing investigation; and
``(II) report information on fraud
schemes by categories in an annual
report if a more detailed disclosure of
such a scheme would educate criminals
rather than seniors.
``(iii) Private-public partnership.--The
Secretary, acting through the Office of the
Inspector General of the Department of Health
and Human Services and the Attorney General,
may enter into an arrangement between public
and private partners to develop the report that
identifies the top 10 most prevalent health
care fraud schemes and the associated report
information.
``(C) Quarterly updating.--The information
described in clauses (i) and (ii) of subparagraph (B)
shall be updated quarterly to reflect changes in fraud
schemes and methods to combat and educate seniors
concerning such schemes.
``(D) Languages.--Such reports, as updated, shall
be available in English and Spanish.
``(2) Dissemination of reports and top 10 list.--
``(A) In general.--The Secretary shall--
``(i) disseminate the reports under
paragraph (1) to Medicare beneficiaries through
mechanisms that reach the most Medicare
beneficiaries; and
``(ii) provide for the mailing to each
Medicare beneficiary of a list of the top 10
most prevalent health care fraud schemes.
``(B) Quarterly updates of top 10 list included
with medicare summary notices.--The Secretary shall
include an updated list of the top 10 most prevalent
health care fraud schemes under paragraph (1)(C) with
the quarterly Medicare summary notices mailed to
Medicare beneficiaries.
``(C) Posting of reports and quarterly updates on
websites.--The annual reports, and quarterly updates,
under this subsection shall be posted on the website of
the Health Care Fraud and Abuse Control Program and on
other websites maintained or supported by the Secretary
relating to the Medicare program, the State Health
Insurance Assistance Program, and Senior Medicare
Patrol of the Administration on Aging.
``(3) Sources of information for reports.--Information for
the reports and updates under paragraph (1) shall be gathered
from at least the following sources:
``(A) Department of health and human services.--The
following sources within the Department of Health and
Human Services:
``(i) Medicare hotlines, including 1-800-
MEDICARE, 1-800-HHSTIPS, and Medicare fraud
toll-free hotlines and websites (such as
www.stopmedicarefraud.gov) established by the
Office of the Inspector General of the
Department of Health and Human Services and the
Centers for Medicare & Medicaid Services.
``(ii) State Health Insurance Assistance
Programs (SHIPs).
``(iii) The Administration on Community
Living, including--
``(I) the Senior Medicare Patrol
(SMP) of the Administration on Aging;
and
``(II) Aging and Disability
Resource Centers.
``(iv) Medicare administrative contractors,
fiscal intermediaries, and other contractors
with the Centers for Medicare & Medicaid
Services performing functions which may relate
to fraud and abuse under the Medicare program.
``(v) The Indian Health Service.
``(B) Department of justice.--The Department of
Justice, including the Federal Bureau of Investigation.
``(C) SSA.--The Social Security Administration.
``(D) FTC.--The Federal Trade Commission.
``(E) Optional additional sources.--At the option
of the Secretary--
``(i) State agencies that deal with elder
abuse; and
``(ii) other governmental and
nongovernmental entities with expertise in the
protection of seniors from health care fraud as
deemed appropriate.''. | Protecting Seniors from Health Care Fraud Act of 2016 This bill amends title XVIII (Medicare) of the Social Security Act to direct the Department of Health and Human Services (HHS) to report annually to Congress and the public on: (1) the ten most prevalent health care fraud schemes targeted to seniors, (2) steps being taken to combat such schemes, and (3) policy suggestions to improve protections for seniors. HHS may omit certain information from an annual report if public disclosure would compromise an ongoing investigation or educate criminals rather than seniors. HHS shall disseminate reports to Medicare beneficiaries as specified by the bill. | {"src": "billsum_train", "title": "Protecting Seniors from Health Care Fraud Act of 2016"} | 1,347 | 154 | 0.610709 | 1.686633 | 0.721287 | 2.582609 | 11.034783 | 0.86087 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fight Fraud Act of 2009''.
SEC. 2. AMENDMENTS TO IMPROVE MORTGAGE, SECURITIES, AND FINANCIAL FRAUD
RECOVERY AND ENFORCEMENT.
(a) Definition of Financial Institution Amended To Include Mortgage
Lending Business.--Section 20 of title 18, United States Code, is
amended--
(1) in paragraph (8), by striking ``or'' after the
semicolon;
(2) in paragraph (9), by striking the period and inserting
``; or''; and
(3) by inserting at the end the following:
``(10) a mortgage lending business or any person or entity
that makes in whole or in part a federally related mortgage
loan as defined in section 3 of the Real Estate Settlement
Procedures Act of 1974.''.
(b) Mortgage Lending Business Defined.--
(1) In general.--Chapter 1 of title 18, United States Code,
is amended by inserting after section 26 the following:
``Sec. 27. Mortgage lending business defined
``In this title, the term `mortgage lending business' means an
organization which finances or refinances any debt secured by an
interest in real estate, including private mortgage companies and any
subsidiaries of such organizations, and whose activities affect
interstate or foreign commerce.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 1 of title 18, United States Code, is
amended by adding at the end the following:
``27. Mortgage lending business defined.''.
(c) False Statements in Mortgage Applications Amended To Include
False Statements by Mortgage Brokers and Agents of Mortgage Lending
Businesses.--Section 1014 of title 18, United States Code, is amended--
(1) by striking ``or'' after ``the International Banking
Act of 1978),''; and
(2) by inserting after ``section 25(a) of the Federal
Reserve Act'' the following: ``, or a mortgage lending
business, or any person or entity that makes in whole or in
part a federally related mortgage loan as defined in section 3
of the Real Estate Settlement Procedures Act of 1974''.
(d) Major Fraud Against the Government Amended To Include Economic
Relief and Troubled Asset Relief Program Funds.--Section 1031(a) of
title 18, United States Code, is amended--
(1) by striking ``in any procurement'' and inserting ``in
any Federal assistance in the form of financial relief or
stimulus provided by the Government, including through the
Troubled Assets Relief Program, whether through grant,
contract, subcontract, subsidy, loan, guarantee, insurance,
purchase of preferred stock, or otherwise, or any
procurement''; and
(2) by striking ``the contract, subcontract'' and inserting
``such grant, contract, subcontract, subsidy, loan, guarantee,
insurance, purchase, or other form of financial relief or
stimulus''.
(e) Securities Fraud Amended To Include Fraud Involving Options and
Futures in Commodities.--
(1) In general.--Section 1348 of title 18, United States
Code, is amended--
(A) in the caption, by inserting ``and
commodities'' after ``Securities'';
(B) in paragraph (1), by inserting ``any commodity
for future delivery, or any option on a commodity for
future delivery, or'' after ``any person in connection
with''; and
(C) in paragraph (2), by inserting ``any commodity
for future delivery, or any option on a commodity for
future delivery, or'' after ``in connection with the
purchase or sale of''.
(2) Clerical amendment.--The item relating to section 1348
in the table of sections at the beginning of chapter 63 of
title 18, United States Code, is amended by inserting ``and
commodities'' after ``Securities''.
SEC. 3. AUTHORIZATION OF ADDITIONAL RESOURCES FOR INVESTIGATORS AND
PROSECUTORS FOR MORTGAGE FRAUD, SECURITIES AND
COMMODITIES FRAUD, AND OTHER CRIMES OF FRAUD.
(a) Authorizations for the Department of Justice.--
(1) In general.--There is authorized to be appropriated to
the Attorney General, $185,000,000 for fiscal year 2010 and
$175,000,000 for fiscal year 2011, for the purposes of
investigations, prosecutions, and civil enforcement actions
against possible fraud (including mortgage fraud and securities
and commodities fraud) relating to a financial institution,
including financial institutions receiving Federal assistance
under the Troubled Assets Relief Program or otherwise.
(2) Allocations.--The amounts authorized to be appropriated
under paragraph (1) shall be allocated as follows:
(A) Federal Bureau of Investigation: $75,000,000
for fiscal year 2010 and $65,000,000 for fiscal year
2011, an appropriate percentage of which amounts shall
be used to investigate mortgage fraud.
(B) The offices of the United States Attorneys:
$50,000,000.
(C) The criminal division of the Department of
Justice: $20,000,000.
(D) The civil division of the Department of
Justice: $15,000,000.
(E) The tax division of the Department of Justice:
$5,000,000.
(F) The Director of the Administrative Office of
the United States Courts: $20,000,000.
(b) Authorizations for the Postal Inspection Service.--There is
authorized to be appropriated to the Postal Inspection Service of the
United States Postal Service, $30,000,000 for each of the fiscal years
2010 and 2011 for investigations into possible fraud described in
subsection (a)(1).
(c) Authorizations for the Inspector General for the Department of
Housing and Urban Development.--There is authorized to be appropriated
to the Inspector General of the Department of Housing and Urban
Development, $30,000,000 for each of the fiscal years 2010 and 2011 for
investigations into possible fraud described in subsection (a)(1).
(d) Authorizations for the United States Secret Service.--There is
authorized to be appropriated to the United States Secret Service of
the Department of Homeland Security, $20,000,000 for each of the fiscal
years 2010 and 2011 for investigations into possible fraud described in
subsection (a)(1).
(e) Additional Authorizations; Availability.--The amounts
authorized under this section are in addition to amounts otherwise
authorized in other Acts, and shall remain available until expended.
(f) Defense Services.--Funds made available under this section by
the recipient described in subsection (a)(2)(F) shall be used to cover
costs associated with providing defense services to defendants
investigated for or charged with an offense described in subsection
(a)(1).
(g) Report to Congress.--Following the final expenditure of all
funds appropriated pursuant to authorization under this section, the
Attorney General, in consultation with the United States Postal
Inspection Service, the Inspector General for the Department of Housing
and Urban Development, and the Secretary of Homeland Security, shall
submit a report to Congress identifying--
(1) the amounts expended under each of subsections (a),
(b), (c), and (d) and a certification of compliance with the
requirements listed in subsection (e); and
(2) the amounts recovered as a result of criminal or civil
restitution, fines, penalties, and other monetary recoveries
resulting from criminal, civil, or administrative proceedings
and settlements undertaken with funds authorized by this Act.
SEC. 4. GRANTS FOR STATE AND LOCAL LAW ENFORCEMENT.
(a) In General.--Subject to the availability of amounts provided in
advance in appropriations Acts, the Attorney General is authorized to
award grants to States to establish and develop programs to increase
and enhance enforcement against mortgage fraud, securities and
commodities fraud, and financial institution fraud, including
enforcement against the use of computers in committing such fraud.
(b) Application.--To be eligible to be considered for a grant under
subsection (a), a State shall submit an application to the Attorney
General at such time, in such manner, and containing such information,
including as described in subsection (d), as the Attorney General may
require.
(c) Use of Grant Amounts.--A grant awarded to a State under
subsection (a) shall be used by the State to establish and develop
programs to--
(1) assist State and local law enforcement agencies in
enforcing State and local criminal laws relating to criminal
activity described in subsection (a);
(2) assist State and local law enforcement agencies in
educating the public to prevent and identify such criminal
activity;
(3) educate and train State and local law enforcement
officers and prosecutors to conduct investigations, forensic
analyses of evidence, and prosecutions relating to such
criminal activity;
(4) assist State and local law enforcement officers and
prosecutors in acquiring computer and other equipment to
conduct investigations and forensic analyses of evidence
relating to such criminal activity;
(5) assist public defenders with providing defense services
to defendants in cases in which the defendant is charged with
any such criminal activity; and
(6) facilitate and promote communication between Federal,
State, and local law enforcement to improve the sharing of
Federal law enforcement expertise and information about the
investigation, forensic analysis of evidence, and prosecution
relating to such criminal activity, with State and local law
enforcement officers and prosecutors, including through the use
of multi-jurisdictional task forces.
(d) Assurances and Eligibility.--To be eligible to receive a grant
under subsection (a), a State shall provide assurances to the Attorney
General that the State--
(1) will provide an assessment of the resource needs of the
State and units of local government within that State,
including criminal justice resources being devoted to the
investigation and enforcement of laws related to criminal
activity described in subsection (a);
(2) will develop a plan for coordinating the programs
funded under this section with other federally funded technical
assistance and training programs; and
(3) will submit to the Attorney General applicable reports
in accordance with subsection (f).
(e) Matching Funds.--The Federal share of a grant received under
this section may not exceed 75 percent of the total cost of a program
or proposal funded under this section unless the Attorney General
waives, wholly or in part, the requirements of this subsection.
(f) Reports.--For each year that a State receives a grant under
subsection (a) for a program, the State shall submit to the Attorney
General a report on the results, including the effectiveness, of such
program during such year.
(g) Definition of State.--For the purposes of this section, the
term ``State'' means each of the several States, the District of
Columbia, the Commonwealth of Puerto Rico, the United States Virgin
Islands, American Samoa, Guam, and the Northern Mariana Islands.
(h) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $100,000,000 for each of the fiscal
years 2010 through 2011.
(2) Limitations.--Of the amount made available to carry out
this section in any fiscal year, not more than 3 percent may be
used for salaries and administrative expenses for the
Department of Justice.
(3) Minimum amount.--Each State submitting an application
for, and eligible to receive, a grant under this section for a
fiscal year shall be allocated under this section, in each such
fiscal year, not less than 0.75 percent of the total amount
appropriated in such fiscal year for grants pursuant to this
section, except that not less than 0.25 percent of such total
amount shall be allocated to the United States Virgin Islands,
American Samoa, Guam, and the Northern Mariana Islands,
collectively.
(4) Grants to indian tribes.--Subject to paragraph (3), the
Attorney General may use amounts made available pursuant to
authorizations under this section to make grants to Indian
tribes for use in accordance with this section.
SEC. 5. AUTHORIZATION AND EXPANSION OF NATIONAL WHITE COLLAR CRIME
CENTER.
(a) In General.--Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended--
(1) by redesignating part JJ, as added by section 952 of
Public Law 110-315 (relating to Loan Repayment for Prosecutors
and Public Defenders), as part LL, and moving such part so that
such part follows part KK;
(2) in part LL, as so redesignated and moved by paragraph
(1), by redesignating section 3001 as section 3021; and
(3) by adding at the end the following new part:
``PART MM--NATIONAL WHITE COLLAR CRIME CENTER GRANTS
``SEC. 3031. ESTABLISHMENT OF GRANTS PROGRAM.
``(a) Authorization.--The Attorney General is authorized to award
grants and enter into contracts with State and local criminal justice
agencies and nonprofit organizations for the purpose of improving the
detection, investigation, and prosecution of covered criminal
activities.
``(b) Covered Criminal Activities Defined.--For purposes of this
part, the term `covered criminal activity' means a criminal conspiracy
or activity or a terrorist conspiracy or activity that spans
jurisdictional boundaries, including the following:
``(1) Terrorism.
``(2) Economic crime, including financial fraud and
mortgage fraud.
``(3) High-tech crime, also known as cybercrime or computer
crime, including internet-based crime against children and
child pornography.
``(c) Criminal Justice Agency Defined.--For purposes of this part,
the term `criminal justice agency', with respect to a State or a unit
of local government within such State, includes a law enforcement
agency, a State regulatory body with criminal investigative authority,
and a State or local prosecution office to the extent that such agency,
body, or office, respectively, is involved in the prevention,
investigation, and prosecution of covered criminal activities.
``SEC. 3032. AUTHORIZED PROGRAMS.
``Grants and contracts awarded under this part may be made only for
the following programs, with respect to the prevention, investigation,
and prosecution of covered criminal activities:
``(1) Programs to provide a nationwide support system for
State and local criminal justice agencies.
``(2) Programs to assist State and local criminal justice
agencies to develop, establish, and maintain intelligence-
focused policing strategies and related information sharing.
``(3) Programs to provide training and investigative
support services to State and local criminal justice agencies
to provide such agencies with skills and resources needed to
investigate and prosecute such criminal activities and related
criminal activities.
``(4) Programs to provide research support, to establish
partnerships, and to provide other resources to aid State and
local criminal justice agencies to prevent, investigate, and
prosecute such criminal activities and related problems.
``(5) Programs to provide information and research to the
general public to facilitate the prevention of such criminal
activities.
``(6) Programs to establish National training and research
centers regionally, including within Virginia, Texas, and
Michigan, to provide training and research services for State
and local criminal justice agencies.
``(7) Any other programs specified by the Attorney General
as furthering the purposes of this part.
``SEC. 3033. APPLICATION.
``To be eligible to be considered for an award of a grant or
contract under this part, an entity shall submit to the Attorney
General an application in such form and manner, and containing such
information, as required by the Attorney General.
``SEC. 3034. RULES AND REGULATIONS.
``The Attorney General shall promulgate such rules and regulations
as are necessary to carry out this part, including rules and
regulations for submitting and reviewing applications under section
3033.''.
(b) Authorization of Appropriation.--Section 1001(a) of such Act
(42 U.S.C. 3793) is amended by adding at the end the following new
paragraph:
``(27) There is authorized to be appropriated to carry out part
MM--
``(A) $25,000,000 for fiscal year 2010;
``(B) $28,000,000 for fiscal year 2011;
``(C) $31,000,000 for fiscal year 2012;
``(D) $34,000,000 for fiscal year 2013;
``(E) $37,000,000 for fiscal year 2014; and
``(F) $40,000,000 for fiscal year 2015.''. | Fight Fraud Act of 2009 - (Sec. 2) Amends the federal criminal code to include within the definition of "financial institution" a mortgage lending business or any person or entity that makes, in whole or in part, a federally related mortgage loan. Defines "mortgage lending business" as an organization that finances or refinances any debt secured by an interest in real estate, including private mortgage companies and their subsidiaries, and whose activities affect interstate or foreign commerce.
Extends the prohibition against making false statements in a mortgage application to employees and agents of a mortgage lending business.
Applies the prohibition against defrauding the federal government to fraudulent activities involving the Troubled Asset Relief Program (TARP) or a federal economic stimulus, recovery, or rescue plan.
Expands securities fraud provisions to cover fraud involving options and futures in commodities.
(Sec. 3) Authorizes appropriations to the Attorney General for FY2010-FY2011 for investigations, prosecutions, and civil proceedings involving federal assistance programs and financial institutions. Allocates such funds among various departments of the Department of Justice (DOJ).
Authorizes additional appropriations to the U.S. Postal Service, the Inspector General for the Department of Housing and Urban Development (HUD), and the U.S. Secret Service for FY2010-FY2011 for similar investigations.
Requires the Attorney General to report to Congress on amounts expended for fraud investigations and prosecutions and on amounts recovered from criminal or civil restitution, fines, penalties relating to such investigations and prosecutions.
(Sec. 4) Authorizes the Attorney General to award grants to states and Indian tribes to establish and develop programs for enforcement against mortgage fraud, securities and commodities fraud, and financial institution fraud, including enforcement against the use of computers use to commit such fraud. Sets forth requirements for grant applications and the use of grant funds.
Authorizes appropriations for FY2010-FY2011.
(Sec. 5) Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General to award grants and enter into contracts with state and local criminal justice agencies and nonprofit organizations to improve the detection, investigation, and prosecution of covered criminal activities. Defines "covered criminal activity" as a criminal conspiracy or activity or a terrorist conspiracy or activity that spans jurisdictional boundaries, including: (1) terrorism; (2) economic crime, including financial fraud and mortgage fraud; and (3) high-tech crime, including Internet-based crime against children and child pornography.
Authorizes appropriations for FY2010-FY2015. | {"src": "billsum_train", "title": "To amend title 18, United States Code, to enhance the investigation and prosecution of mortgage fraud and financial institution fraud, and for other purposes."} | 3,613 | 575 | 0.574696 | 1.826839 | 0.647593 | 3.793319 | 7 | 0.895616 |
SECTION 1. SHORT TITLE; AMENDMENT OF FEDERAL WATER POLLUTION CONTROL
ACT.
(a) In General.--This Act may be cited as the ``Clean Water
Infrastructure Financing Act of 2003''.
(b) Amendment of Federal Water Pollution Control Act.--Except as
otherwise expressly provided, whenever in this Act an amendment or
repeal is expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered to be
made to a section or other provision of the Federal Water Pollution
Control Act (33 U.S.C. 1251-1387).
SEC. 2. GENERAL AUTHORITY FOR CAPITALIZATION GRANTS.
Section 601(a) (33 U.S.C. 1381(a)) is amended by striking ``(1) for
construction'' and all that follows through the period and inserting
``to accomplish the purposes of this Act.''.
SEC. 3. CAPITALIZATION GRANTS AGREEMENTS.
(a) Requirements for Construction of Treatment Works.--Section
602(b)(6) (33 U.S.C. 1382(b)(6)) is amended to read as follows:
``(6) treatment works eligible under section 603(c)(1) of
this Act constructed in whole or in part with funds made
available by a State water pollution control revolving fund
under this title and section 205(m) of this Act will meet the
requirements of section 513 of this Act in the same manner as
treatment works constructed with assistance under title II of
this Act;''.
(b) Architectural and Engineering Contracts.--Section 602(b) (33
U.S.C. 1382(b)) is amended--
(1) by striking ``and'' at the end of paragraph (9);
(2) by striking the period at the end of paragraph (10) and
inserting ``; and''; and
(3) by adding at the end the following:
``(11) the State will require that each contract and
subcontract for program management, construction management,
planning studies, feasibility studies, architectural services,
preliminary engineering, design, engineering, surveying,
mapping, and related services entered into using amounts from
the fund will be awarded in the same way that a contract for
architectural and engineering services is awarded under chapter
11 of title 40, United States Code, or an equivalent
qualifications-based requirement prescribed by the State,
except that such an award shall not be construed as conferring
a proprietary interest upon the United States.''.
(c) Guidance for Small Systems.--Section 602 (33 U.S.C. 1382) is
amended by adding at the end the following:
``(c) Guidance for Small Systems.--
``(1) Simplified procedures.--Not later than 1 year after
the date of enactment of this subsection, the Administrator
shall assist the States in establishing simplified procedures
for small systems to obtain assistance under this title.
``(2) Publication of manual.--Not later than 1 year after
the date of enactment of this subsection, and after providing
notice and opportunity for public comment, the Administrator
shall publish a manual to assist small systems in obtaining
assistance under this title and publish in the Federal Register
notice of the availability of the manual.
``(3) Small system defined.--For purposes of this title,
the term `small system' means a system for which a municipality
or intermunicipal, interstate, or State agency seeks assistance
under this title and which serves a population of 10,000 or
less.''.
SEC. 4. WATER POLLUTION CONTROL REVOLVING FUNDS.
(a) Activities Eligible for Assistance.--Section 603(c) (33 U.S.C.
1383(c)) is amended to read as follows:
``(c) Activities Eligible for Assistance.--
``(1) In general.--The amounts of funds available to each
State water pollution control revolving fund shall be used only
for providing financial assistance to activities that have as a
principal benefit the improvement or protection of water
quality of navigable waters to a municipality, intermunicipal
agency, interstate agency, State agency, or other person. Such
activities may include the following:
``(A) Construction of a publicly owned treatment
works.
``(B) Implementation of lake protection programs
and projects under section 314.
``(C) Implementation of a management program under
section 319.
``(D) Implementation of a conservation and
management plan under section 320.
``(E) Restoration or protection of publicly or
privately owned riparian areas, including acquisition
of property rights.
``(F) Implementation of measures to promote
beneficial reuse of wastewater.
``(G) Development and implementation of plans by a
public recipient to prevent water pollution.
``(H) Acquisition of lands necessary to meet any
mitigation requirements related to construction of a
publicly owned treatment works.
``(I) Implementation of measures to enhance the
security of publicly owned treatment works.
``(J) Replacement and rehabilitation of treatment
works to intercept, transport, control, or treat
municipal combined sewer overflows and sanitary sewer
overflows.
``(2) Fund amounts.--The water pollution control revolving
fund of a State shall be established, maintained, and credited
with repayments, and the fund balance shall be available in
perpetuity for providing financial assistance described in
paragraph (1). Fees charged by a State to recipients of such
assistance may be deposited in the fund for the sole purpose of
financing the cost of administration of this title.''.
(b) Loan Guarantees.--Section 603(d)(5) (33 U.S.C. 1383(d)(5)) is
amended to read as follows:
``(5) to provide loan guarantees for--
``(A) similar revolving funds established by
municipalities or intermunicipal agencies; and
``(B) developing and implementing innovative
technologies.''.
(c) Administrative Expenses.--Section 603(d)(7) (33 U.S.C.
1383(d)(7)) is amended by inserting before the period at the end the
following: ``or $400,000 per year or \1/2\ percent per year of the
current valuation of such fund, whichever is greater, plus the amount
of any fees collected by the State for such purpose under subsection
(c)(2)''.
(d) Technical and Planning Assistance for Small Systems.--Section
603(d) (33 U.S.C. 1383(d)) is amended--
(1) by striking ``and'' at the end of paragraph (6);
(2) by striking the period at the end of paragraph (7) and
inserting a semicolon; and
(3) by adding at the end the following:
``(8) to provide to small systems technical and planning
assistance and assistance in financial management, user fee
analysis, budgeting, capital improvement planning, facility
operation and maintenance, repair schedules, and other
activities to improve wastewater treatment plant operations,
except that such amounts shall not exceed 2 percent of all
grant awards to such fund under this title; and''.
(e) Grants to Financially Distressed Communities.--Section 603(d)
(33 U.S.C. 1383(d)) is further amended by adding at the end the
following:
``(9) to make grants to financially distressed communities
in the State in the amounts specified in subsection (i).''.
(f) Consistency With Planning Requirements.--Section 603(f) (33
U.S.C. 1383(f)) is amended by striking ``is consistent'' and inserting
``is not inconsistent''.
(g) Construction Assistance.--Section 603(g) (33 U.S.C. 1383(g)) is
amended to read as follows:
``(g) Construction Assistance.--
``(1) Priority list requirement.--The State may provide
financial assistance from its water pollution control revolving
fund with respect to a project for construction of a publicly
owned treatment works only if such project is on the State's
priority list under section 216 of this Act without regard to
the rank of such project on the State's priority list.
``(2) Eligibility of certain treatment works.--A treatment
works shall be treated as a publicly owned treatment works for
purposes of subsection (c) if the treatment works, without
regard to ownership, would be considered a publicly owned
treatment works and is principally treating municipal waste
water or domestic sewage.''.
(h) Financially Distressed Communities.--Section 603 is amended by
adding at the end the following:
``(i) Financially Distressed Communities.--
``(1) Grants.--
``(A) In general.--In any fiscal year in which the
Administrator has available for obligation more than
$1,400,000,000 for the purposes of this title, a State
shall make grants to financially distressed communities
in the State in an amount equal to 25 percent of the
difference between--
``(i) the total amount that would have been
allotted to the State under section 604 for
such fiscal year if the amount available to the
Administrator for obligation under this title
for such fiscal year had been equal to
$1,400,000,000; and
``(ii) the total amount allotted to the
State under section 604 for such fiscal year.
``(B) Period of availability.--Notwithstanding
section 604(c), amounts to be used by a State under
this paragraph for making grants to financially distressed communities
shall remain available to the State until expended.
``(C) Certification.--A State may make a grant to a
financially distressed community under this paragraph
only if the community certifies to the State that the
amounts of the grant will be used to improve water
quality.
``(2) Priority for loans.--A State may give priority to a
financially distressed community in making loans from its water
pollution control revolving fund.
``(3) Financially distressed community defined.--In this
section, the term `financially distressed community' means any
community that meets affordability criteria established by the
State in which the treatment works is located, if such criteria
are developed after public review and comment.
``(4) Information to assist states.--The Administrator may
publish information to assist States in establishing
affordability criteria under paragraph (3).''.
SEC. 5. ASSET MANAGEMENT.
Title VI (33 U.S.C. 1381 et seq.) is amended--
(1) by redesignating section 607 as section 608; and
(2) by inserting after section 606 the following:
``SEC. 607. ASSET MANAGEMENT.
``(a) In General.--The Administrator shall provide technical and
financial assistance to owners and operators of publicly-owned
treatment works for the following activities:
``(1) Performing an inventory of critical treatment works
assets.
``(2) Evaluating the condition and performance of
inventoried assets or asset groupings.
``(3) Developing a plan for maintaining, repairing, and
replacing treatment works and for funding such activities.
``(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2004 through 2008. Such sums shall remain available until
expended.''.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
Section 608, as redesignated by section 5 of this Act, is amended
by striking paragraphs (1) through (5) and inserting the following:
``(1) $3,000,000,000 for fiscal year 2004;
``(2) $4,000,000,000 for fiscal year 2005;
``(3) $5,000,000,000 for fiscal year 2006;
``(4) $6,000,000,000 for fiscal year 2007; and
``(5) $7,000,000,000 for fiscal year 2008.''. | Clean Water Infrastructure Financing Act of 2003 - Amends the Federal Water Pollution Control Act to remove certain requirements for States with respect to construction of treatment works under capitalization grant agreements.Requires architectural and engineering contracts to be awarded consistent with procedures under the Federal Property and Administrative Services Act of 1949 or an equivalent State qualifications-based requirement.Directs the Administrator of the Environmental Protection Agency to assist States in establishing simplified procedures for small water systems to obtain assistance under the Act.Requires revolving funds to be used only for providing assistance for activities which have as a principal benefit the improvement or protection of water quality of navigable waters. Makes revisions concerning uses of funds for: (1) innovative technologies; (2) administrative expenses; (3) small system technical, planning, and management assistance; and (4) financially distressed communities.Revises requirements related to consistency with plans and eligibility of treatment works not considered publicly owned.Requires States to make grants to financially distressed communities in any fiscal year in which the Administrator has more than $1.4 billion available for obligation and allows a State to give priority to such communities in making loans.Directs the Administrator to provide technical and financial assistance to owners and operators of publicly-owned treatment works for: (1) inventorying critical treatment works assets; (2) evaluating the performance and condition of these assets; and (3) developing a plan for maintaining and replacing treatment works.Reauthorizes appropriations for FY 2004 through 2008 for the revolving fund program. | {"src": "billsum_train", "title": "To amend the Federal Water Pollution Control Act to authorize appropriations for State water pollution control revolving funds, and for other purposes."} | 2,653 | 314 | 0.496482 | 1.559434 | 0.740968 | 2.989474 | 8.175439 | 0.919298 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Robert Carey Service Disabled
Veterans' Insurance Act of 2002''.
SEC. 2. ADDITIONAL PROGRAM OF SERVICE DISABLED VETERANS' INSURANCE FOR
VETERANS.
(a) In General.--(1) Subchapter I of chapter 19 of title 38, United
States Code, is amended by inserting after section 1922A the following
new section:
``Sec. 1922B. Service disabled veterans' insurance: level premium term
insurance
``(a) Subject to the provisions of this section, any person
described in subsection (b) shall, upon payment of premiums as provided
in subsection (f), be granted insurance by the United States against
the death of such person occurring while such insurance is in force.
``(b) A person described in this subsection is any person as
follows:
``(1) A person insured under section 1922(a) of this title
if such person applies for insurance under this section within
the times provided for under paragraphs (2) and (3) of
subsection (e).
``(2) A person (other than a person described in paragraph
(1)) who--
``(A) is released from active military, naval, or
air service, under other than dishonorable conditions;
``(B) is found by the Secretary to be suffering
from a disability or disabilities for which
compensation would be payable if 10 percent or more in
degree;
``(C) except for the disability or disabilities
referred to in subparagraph (B), would be insurable
according to standards of good health established by
the Secretary; and
``(D) has not attained the age of 65 years as of
the date of application for insurance under this
section.
``(c)(1) Insurance under this section for a person described in
subsection (b)(1) is in addition to the insurance of such person under
section 1922(a) of this title and the insurance, if any, of such person
under section 1922A of this title.
``(2) A person deemed insured under section 1922(b) of this title
is not eligible for or entitled to insurance under this section.
``(d)(1)(A) Subject to subparagraph (B) and except as provided in
paragraph (3), the amount for which a person described by subsection
(b)(1) is insured under this section shall, at the election of the
person, be--
``(i) $45,000; or
``(ii) an amount less than $45,000, but more than $5,000,
that is evenly divisible by $5,000.
``(B) The amount of insurance elected under this paragraph by a
person described by subsection (b)(1) may not cause the aggregate
amount of insurance of the person under this section and sections
1922(a) and 1922A of this title to exceed $50,000.
``(2) Except as provided in paragraph (3), the amount for which a
person described by subsection (b)(2) is insured under this section
shall, at the election of the person, be--
``(A) $50,000; or
``(B) an amount less than $50,000, but more than $5,000,
that is evenly divisible by $5,000.
``(3) Upon attaining the age of 70 years, the amount for which a
person is insured under this section shall be the amount equal to 20
percent of the amount otherwise elected by the person under paragraph
(1) or (2), as applicable.
``(e)(1) A person seeking insurance under this section shall submit
to the Secretary an application in writing for such insurance.
``(2) The application of a person under paragraph (1) shall be
submitted not later than 10 years after the date of the release of the
person from active military, naval, or air service.
``(3)(A) Except as provided in subparagraph (B), the application of
a person under paragraph (1) shall be submitted not later than two
years after the date on which the Secretary finds the service-
connection for the disability or disabilities of the person on which
the application is based.
``(B) In the case of a person shown by evidence satisfactory to the
Secretary to have been mentally incompetent during any part of the two-
year period otherwise applicable to the person under subparagraph (A),
an application for insurance under this section shall be filed not
later than the earlier of--
``(i) two years after a guardian for the person is
appointed; or
``(ii) two years after the removal of such disability or
disabilities, as determined by the Secretary.
``(f)(1) Except as provided in paragraphs (2) and (3), a person
insured under this section shall pay premiums for such insurance as
determined under paragraph (4).
``(2) The provisions of section 1912 of this title shall apply with
respect to payment of premiums for insurance under this section.
``(3) A person shall not be required to pay premiums for insurance
under this section after attaining the age of 70 years.
``(4) The premium rates for insurance under this section shall be
level, and shall be based on the Commissioners 1980 Standard Ordinary
Basic Table of Mortality and interest at the rate of 5 per cent per
annum.
``(5) All premiums and other collections for insurance under this
section shall be credited directly to a revolving fund in the Treasury
established for purposes of this section, and any payments on such
insurance shall be made directly from such fund.
``(g)(1) Except as otherwise provided in this section, insurance
under this section shall be issued on the same terms and conditions as
are contained in standard policies of National Service Life Insurance,
except that insurance issued under this section shall have no loan
value or extended values.
``(2) All settlements on insurance under this section shall be paid
in a lump sum.
``(h) Insurance under this section may be referred to as `Robert
Carey Service Disabled Veterans' Insurance'.''.
(2) The table of sections at the beginning of chapter 19 of that
title is amended by inserting after the item relating to section 1922A
the following new item:
``1922B. Service disabled veterans' insurance: level premium term
insurance.''.
(b) Coordination with Current Service Disabled Veterans' Insurance
Program.--Section 1922 of title 38, United States Code, is amended--
(1) in subsection (b), by adding at the end the following
new paragraph:
``(5) A person deemed insured under this subsection is not eligible
for or entitled to insurance under section 1922B of this title.''; and
(2) by adding at the end the following new subsection:
``(d) A person insured under subsection (a) may also be eligible
for insurance under section 1922B of this title in accordance with the
provisions of that section.''.
(c) Other Amendments to Current Service Disabled Veterans'
Insurance Program.--Subsection (a) of such section 1922 is amended by
striking ``Commissioners 1941 Standard Ordinary Table of Mortality and
interest at the rate of 2\1/4\ per centum per annum'' each place it
appears in paragraphs (1) and (2) and inserting ``Commissioners 1980
Standard Ordinary Basic Table of Mortality and interest at the rate of
5 per cent per annum''.
(d) Review of Applicability of Mortality Tables.--(1) The Secretary
of Veterans Affairs shall, from time to time, evaluate the standard
ordinary table of mortality being used for purposes of service disabled
veterans' insurance under sections 1922 and 1922B of title 38, United
States Code, in order to determine whether such table of mortality
continues to be suitable for such purposes.
(2) If as the result of an evaluation under paragraph (1) the
Secretary determines that the standard ordinary table of mortality
being used for purposes of insurance referred to in that paragraph is
no longer suitable for such purposes, the Secretary shall submit to the
Committees on Veterans' Affairs of the Senate and the House of
Representatives a report setting forth that determination and including
a recommendation for an alternative standard ordinary table of
mortality to be used for such purposes.
(e) Regulations.--The Secretary of Veterans Affairs shall prescribe
regulations for purposes of administering section 1922B of title 38,
United States Code (as added by subsection (a)), and for purposes of
administering the amendments to section 1922 of that title made by
subsections (b) and (c). Such regulations shall take effect on October
1, 2003.
(f) Authorization of Appropriations for Revolving Fund.--There is
hereby authorized to be appropriated for the Department of Veterans
Affairs for the revolving fund established pursuant to subsection
(f)(5) of section 1922B of title 38, United States Code (as added by
subsection (a) of this section), such sums as may be necessary for
purposes of that section.
(g) Effective Date.--The amendments made by subsections (a) through
(c) shall take effect on October 1, 2003. | Robert Carey Service Disabled Veterans' Insurance Act of 2002 - Requires service-disabled veterans, upon payment of premiums, to be granted life insurance by the United States. Requires such veterans, in order to be eligible for such insurance, to be: (1) discharged or released from active military service under other than dishonorable conditions; (2) disabled to a degree of ten percent or more; and (3) under age 65. Provides insurance amounts, with limits dependent upon the existence of other insurance purchased through the Department of Veterans Affairs. Terminates required premium payments at age 70. Bases premium rates on the Commissioners 1980 Standard Ordinary Basic Table of mortality, with a five percent annual interest rate. Requires: (1) lump-sum settlement payments; and (2) coordination with the current Service Disabled Veterans' Insurance Program (requiring such Program to also use the 1980 mortality table). Requires the Secretary of Veterans Affairs, periodically, to review the suitability of the 1980 mortality table and, if necessary, recommend an alternative table. | {"src": "billsum_train", "title": "A bill to amend title 38, United States Code, to provide an additional program of service disabled veterans' insurance for veterans, and for other purposes."} | 1,942 | 228 | 0.523214 | 1.454238 | 0.822504 | 2.311881 | 9.445545 | 0.876238 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia National
Disaster Insurance Protection Act''.
SEC. 2. DISTRICT OF COLUMBIA NATURAL DISASTER PROTECTION FUNDS.
(a) Contributions to Natural Disaster Protection Funds.--Subsection
(c) of section 832 of the Internal Revenue Code of 1986 (relating to
the taxable income of insurance companies other than life insurance
companies) is amended by striking ``and'' at the end of paragraph (12),
by striking the period at the end of paragraph (13) and inserting ``;
and'', and by adding at the end the following new paragraph:
``(14) the qualified contributions during the taxable year
to a natural disaster protection fund.''
(b) Natural Disaster Protection Fund Gross Income.--Subsection (b)
of section 832 of such Code is amended by adding at the end the
following new paragraph:
``(9) Special rule for assets held in natural disaster
protection fund.--For purposes of determining gross income
under this subsection, any items of income, gain, loss, or
deduction derived from or attributable to any assets held in a
natural disaster protection fund shall not be taken into
account.''
(c) Distributions From Natural Disaster Protection Funds.--
Paragraph (1) of section 832(b) of such Code is amended by striking
``and'' at the end of subparagraph (D), by striking the period at the
end of subparagraph (E) and inserting ``, and'', and by adding at the
end the following new subparagraph:
``(F) the aggregate amount of all distributions
during the taxable year from a natural disaster
protection fund, except that a distribution made to
return to the qualified insurance company any
contribution that is not a qualified contribution for a
taxable year shall not be included in gross income if
such distribution is made prior to the filing by the
qualified insurance company of its tax return for such
taxable year.''
(d) Definitions and Other Rules Relating to Natural Disaster
Protection Funds.--Section 832 of such Code is amended by adding at the
end the following new subsection:
``(h) Definitions and Other Rules Relating to Natural Disaster
Protection Funds.--For purposes of this section--
``(1) Natural disaster protection fund.--The term `natural
disaster protection fund' (hereafter in this subsection
referred to as the `fund') means any money, securities, or
other property held by a qualified insurance company that is
identified and maintained in a segregated account--
``(A) which is designated as a `natural disaster
protection fund' and held in a bank or bank branch
located in the District of Columbia that is licensed
and regulated by the Comptroller of the Currency or the
District of Columbia Commissioner of Insurance,
Securities, and Banking,
``(B) under the terms of which--
``(i) the assets in the fund are required
to be invested in a manner consistent with the
investment requirements applicable to all
insurance companies under the laws of the
District of Columbia,
``(ii) an excess balance drawdown amount is
required to be distributed to the qualified
insurance company no later than the close of
the taxable year following the taxable year
with respect to which such amount is
determined, and
``(iii) no portion of the assets of the
fund may be paid or distributed from the fund
except for a qualified distribution.
``(2) Qualified insurance company.--The term `qualified
insurance company' means an insurer or reinsurer that--
``(A) is incorporated and domiciled in the District
of Columbia,
``(B) is subject to supervision by the District of
Columbia Commissioner of Insurance, Securities, and
Banking,
``(C) maintains an office in the District of
Columbia that employs no fewer than 10 full-time
equivalent employees, of whom no fewer than 5 are
residents of the District of Columbia,
``(D) is subject to any premium taxes and any other
taxes and fees imposed by the District of Columbia on
all domestic insurance companies, and
``(E) is subject to such additional tax as may be
imposed by the District of Columbia--
``(i) on premiums charged for natural
catastrophic risk coverage written through the
fund, and
``(ii) at such rate--
``(I) as may be established by the
District of Columbia, and
``(II) as does not exceed the rate
of Federal excise tax imposed by
section 4371(3) on a premium paid on a
contract of reinsurance issued by any
foreign insurer or reinsurer.
``(3) Qualified contribution.--The term `qualified
contribution' means a contribution to a fund established by a
qualified insurance company of not more than the total of net
premiums or other payments received during a taxable year for
coverage of qualified losses, but only to the extent such
contribution, when added to all previous contributions to the
fund (including net investment earnings of the fund) and after
subtracting all qualified distributions from the fund, does not
exceed the amount reasonably at risk for the payment of
qualified losses insured through the fund, less reinsurance on
those risks, as determined actuarially on a multi-year basis.
``(4) Qualified distribution.--The term `qualified
distribution' means any amount paid or distributed for--
``(A) any payment of a qualified loss pursuant to
an insurance contract or contract of reinsurance issued
by the qualified insurance company,
``(B) any payment made to reinsure or otherwise
spread the risk of catastrophe loss written by the
qualified insurance company,
``(C) any excess balance drawdown amount,
``(D) any administrative expenses directly related
to the maintenance and investment of the fund, and
``(E) any claims investigation and adjustments
relating to a qualified loss.
``(5) Qualified loss.--The term `qualified loss' means an
insured loss on a United States risk that satisfies
subparagraphs (A) and (B).
``(A) Event.--An insured loss satisfies this
subparagraph if the loss is attributable to one or more
of the following events:
``(i) Wind (including hurricanes and
tornados).
``(ii) Earthquake (including any fire
following).
``(iii) Flood.
``(iv) Tsunami or tidal wave.
``(v) Volcanic eruption.
``(vi) Fire.
``(vii) Hail.
``(viii) Snow, ice, freezing, or other
winter catastrophes.
``(ix) Pandemic or other public health
catastrophe.
``(B) Catastrophe designation or minimum aggregate
insured loss.--An insured loss, with respect to an
event described in subparagraph (A), satisfies this
subparagraph if at least one of the following occurs:
``(i) Total insured losses from the event,
or from more than one event happening
simultaneously or immediately following,
exceeds $1,000,000,000 on an industry-wide
basis.
``(ii) The President of the United States
declares a disaster or state of emergency
because of the event.
``(iii) The Governor or chief executive of
a State, possession or territory of the United
States, or of the District of Columbia,
declares a disaster or state of emergency
because of such event.
``(iv) The Property Claims Services unit of
Insurance Services Office, Inc., declares a
catastrophic industry-wide loss because of one
or more events.
``(6) Excess balance drawdown amount.--The term `excess
balance drawdown amount' means the excess (if any) of--
``(A) the amount of the fund balance as of the end
of the taxable year, over
``(B) the total amount of exposure of the fund to
qualified losses at the end of the taxable year under
contracts issued by the qualified insurance company, as
determined actuarially on a multi-year basis.
``(7) United states risk.--The term `United States risk'
means any hazard, risk, loss, or liability attributable to
property situated, or an activity conducted, in the United
States, or its territories or possessions.
``(8) Exclusion of premiums and losses on certain puerto
rican risks.--Notwithstanding any other provision of this
subsection, premiums and losses with respect to risks covered
by a catastrophe reserve established under the laws or
regulations of the Commonwealth of Puerto Rico shall not be
taken into account under this subsection in determining the
amount of the qualified contributions allowed or the amount of
qualified losses.
``(9) Contributions in kind.--A transfer of property other
than money to a fund shall be treated as a sale or exchange of
such property for an amount equal to its fair market value as
of the date of transfer, and appropriate adjustment shall be
made to the basis of such property. Section 267 shall apply to
any loss realized upon such a transfer.
``(10) Distributions in kind.--A distribution of property
other than money from a fund to a qualified insurance company
shall be treated as a sale or exchange of such property, and
any gain or loss realized on such sale or exchange shall be
excluded from the gross income of the qualified insurance
company.
``(11) Regulations.--The Secretary shall prescribe
regulations as may be necessary or appropriate to carry out the
purposes of this subsection.''
(e) Additional Tax on Certain Distributions From a Natural Disaster
Protection Fund.--Subsection (d) of section 831 of such Code (relating
to the tax on insurance companies other than life insurance companies)
is amended by redesignating subsection (d) as subsection (e) and
inserting after subsection (c) the following new subsection:
``(d) Tax on Nonqualified Distributions.--
``(1) In general.--In the case of a qualified insurance
company, the tax imposed by this section for the current year
shall be increased by an amount equal to 20 percent of the
aggregate amount of nonqualified distributions made by such
company during such year from a natural disaster protection
fund.
``(2) Definitions.--
``(A) Nonqualified distributions.--The term
`nonqualified distributions' means any distribution
from a natural disaster protection fund other than a
qualified distribution (as defined in section
832(h)(4)).
``(B) Other definitions.--The terms `qualified
insurance company' and `natural disaster protection
fund' shall have the meanings ascribed to such terms in
section 832(h).''
(f) Effective Date.--The amendments made by this bill shall apply
to taxable years beginning after December 31, 2011. | District of Columbia National Disaster Insurance Protection Act - Amends the Internal Revenue Code to provide for the creation and tax treatment of a tax-exempt natural disaster protection fund held by an insurance company that: (1) is incorporated and domiciled in the District of Columbia; (2) is subject to supervision by the District of Columbia Commissioner of Insurance, Securities, and Banking; (3) maintains an office in the District of Columbia that employs no fewer than 10 full-time employees, at least 5 of whom are District of Columbia residents; (4) is subject to any premium taxes and other taxes and fees imposed by the District of Columbia on all domestic insurance companies; and (5) is subject to an additional tax imposed by the District of Columbia on premiums charged for natural catastrophic risk coverage at a rate that does not exceed the rate of federal excise tax on a premium paid on a contract of reinsurance issued by any foreign insurer or reinsurer.
Allows distributions from such a fund to cover losses attributable to wind (including hurricanes and tornadoes), earthquakes, floods, tsunami or tidal wave, volcanic eruption, fire, hail, snow, ice freezing, or other winter catastrophes, or a pandemic or other public health catastrophe.
Sets forth tax rules for contributions to and distributions from such a fund. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide for the creation of disaster protection funds in the District of Columbia by property and casualty insurance companies for the payment of policyholders' claims arising from natural catastrophic events."} | 2,399 | 289 | 0.541178 | 1.499797 | 0.588726 | 4.113725 | 8.717647 | 0.952941 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting U.S. Missile Defense
Information Act of 2012''.
SEC. 2. LIMITATION ON FUNDS TO PROVIDE THE RUSSIAN FEDERATION WITH
ACCESS TO MISSILE DEFENSE TECHNOLOGY.
(a) Limitation on Funds for Classified Technology and Data.--
(1) In general.--None of the funds made available for
fiscal years 2012 or 2013 for the Department of Defense may be
used to provide the Russian Federation with access to
information that is classified or was classified as of January
2, 2012, regarding--
(A) missile defense technology of the United
States, including hit-to-kill technology; or
(B) data, including sensitive technical data,
warning, detection, tracking, targeting, telemetry,
command and control, and battle management data, that
support the missile defense capabilities of the United
States.
(2) Applicability.--The limitation in paragraph (1) shall
apply with respect to the use of funds on or after the date of
the enactment of this Act.
(b) Limitation on Funds for Other Technology and Data.--
(1) In general.--None of the funds made available for
fiscal years 2012 or 2013 for the Department of Defense may be
used to provide the Russian Federation with access to missile
defense technology or technical data not described in
subsection (a) unless--
(A) the President submits to the appropriate
congressional committees--
(i) a report that contains a description
of--
(I) the specific missile defense
technology or technical data to be
provided to the Russian Federation, the
reasons for providing such technology
or data, and how the technology or
technical data is intended to be used;
(II) the measures necessary to
protect the technology or technical
data;
(III) the specific missile defense
technology or technical data of the
Russian Federation that the Russian
Federation is providing the United
States with access to; and
(IV) the status and substance of
discussions between the United States
and the Russian Federation on missile
defense matters; and
(ii) written certification by the President
that providing the Russian Federation with
access to such missile defense technology or
technical data--
(I) includes an agreement on
prohibiting access to such technology
or data by any other country or entity;
(II) will not enable the
development of countermeasures to any
missile defense system of the United
States or otherwise undermine the
effectiveness of any such missile
defense system; and
(III) will correspond to equitable
access by the United States to missile
defense technology or technical data of
the Russian Federation; and
(B) a period of 30 days has elapsed following the
date on which the President submits to the appropriate
congressional committees the report and written
certification under subparagraph (A).
(2) Applicability.--The limitation in paragraph (1) shall
apply with respect to the use of funds on or after the date of
the enactment of this Act.
(c) Form.--The report described in clause (i) of subsection
(b)(1)(A) and the certification described in clause (ii) of such
subsection shall be submitted in unclassified form, but may contain a
classified annex, if necessary.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 3. INTERNATIONAL AGREEMENTS RELATING TO MISSILE DEFENSE.
(a) Sense of Congress.--It is the sense of Congress that an
agreement regarding missile defense cooperation between the United
States and the Russian Federation that is negotiated with the Russian
Federation through the North Atlantic Treaty Organization (``NATO'') or
a provision to amend the charter of the NATO-Russia Council, should not
be considered legally or politically binding unless the agreement is--
(1) specifically approved with the advice and consent of
the Senate pursuant to article II, section 2, clause 2 of the
Constitution; or
(2) specifically authorized by an Act of Congress.
(b) Missile Defense Agreements.--
(1) In general.--Chapter 3 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 130f. International agreements relating to missile defense
``(a) In General.--In accordance with the understanding under
subsection (b)(1)(B) of the Resolution of Advice and Consent to
Ratification of the New START Treaty of the Senate, any agreement with
a country or international organization or amendment to the New START
Treaty (including an agreement made by the Bilateral Consultative
Commission established by the New START Treaty) concerning the
limitation of the missile defense capabilities of the United States
shall not be binding on the United States, and shall not enter into
force with respect to the United States, unless after the date of the
enactment of this section, such agreement or amendment is--
``(1) specifically approved with the advice and consent of
the Senate pursuant to article II, section 2, clause 2 of the
Constitution; or
``(2) specifically authorized by an Act of Congress.
``(b) Annual Notification.--Not later than January 31 of each year,
beginning in 2013, the President shall submit to the congressional
defense committees and the Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of Representatives a
notification of--
``(1) whether the Russian Federation has recognized during
the previous year the sovereign right of the United States to
pursue quantitative and qualitative improvements in missile
defense capabilities; and
``(2) whether during any treaty negotiations or other
Government-to-Government contacts between the United States and
the Russian Federation (including under the auspices of the
Bilateral Consultative Commission established by the New START
Treaty) during the previous year a representative of the
Russian Federation suggested that a treaty or other
international agreement include, with respect to the United
States--
``(A) restricting missile defense capabilities,
military capabilities in space, or conventional prompt
global strike capabilities; or
``(B) reducing the number of non-strategic nuclear
weapons deployed in Europe.
``(c) New START Treaty Defined.--In this section, the term `New
START Treaty' means the Treaty between the United States of America and
the Russian Federation on Measures for the Further Reduction and
Limitation of Strategic Offensive Arms, signed on April 8, 2010, and
entered into force on February 5, 2011.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 130e the following new item:
``130f. International agreements relating to missile defense.''.
(c) Defense Technology Cooperation Agreements.--
(1) In general.--Subchapter II of chapter 138 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2350n. Defense technology cooperation agreements between the
United States and the Russian Federation
``(a) In General.--None of the funds made available for fiscal year
2012 or any fiscal year thereafter for the Department of Defense may be
used to implement a defense technology cooperation agreement entered
into between the United States and the Russian Federation until a
period of 60 days has elapsed following the date on which the President
transmits such agreement to the congressional defense committees.
``(b) Defense Technology Cooperation Agreement Defined.--In this
section, the term `defense technology cooperation agreement' means a
cooperative agreement related to research and development entered into
under section 2358 of this title or any other provision of this
title.''.
(2) Clerical amendment.--The table of sections at the
beginning of such subchapter is amended by inserting after the
item relating to section 2350m the following new item:
``2350n. Defense technology cooperation agreement between the United
States and the Russian Federation.''.
(d) Limitation on Missile Defense Negotiation.--
(1) In general.--None of the funds made available for
fiscal years 2012 or 2013 for the Department of Defense or the
Department of State may be used for travel expenses related to
discussing missile defense matters with the Russian Federation
until the date that is 30 days after the date on which the
President transmits to the appropriate congressional committees
the draft agreement discussed between the United States and the
Russian Federation at Deauville, France, in May 2011.
(2) Applicability.--The limitation in paragraph (1) shall
apply with respect to the use of funds on or after the date of
the enactment of this Act.
(3) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate; and
(B) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives. | Protecting U.S. Missile Defense Information Act of 2012 - Prohibits Department of Defense (DOD) funds for FY2012-FY2013 from being used to provide the Russian Federation with access to: (1) U.S. missile defense technology, including hit-to-kill technology; or (2) data that supports U.S. missile defense capabilities. Prohibits such funds from being used to provide the Russian Federation with access to U.S. missile defense technology or data other than that described above unless, at least 30 days in advance, the President describes to Congress the data to be provided, along with a certification relating to the use of, and third-party access to, such data.
Expresses the sense of Congress that an agreement regarding missile defense cooperation between the United States and the Russian Federation that is negotiated through the North Atlantic Treaty Organization (NATO) or a provision to amend the charter of the NATO-Russia Council shall not be legally or politically binding unless it is either specifically approved with the advice and consent of the Senate, or specifically authorized by an Act of Congress.
Provides that no agreement with any country or international organization or amendment to the New START Treaty concerning limitations on U.S. missile defense capabilities shall be binding on the United States unless such agreement or amendment is either approved or authorized as above. Directs the President, beginning in 2013, to provide annual notification to Congress as to whether: (1) the Russian Federation has recognized the sovereign right of the United States to pursue improvements in missile defense capabilities; and (2) any Russian Federation representative has suggested that a treaty or other international agreement include provisions restricting U.S. missile defense capabilities or reducing the number of non-strategic nuclear weapons deployed in Europe.
Prohibits DOD funds for FY2012 and thereafter from being used to implement a defense technology cooperation agreement between the United States and the Russian Federation until 60 days after the President transmits such agreement to Congress.
Prohibits the use of any FY2012-FY2013 DOD or Department of State funds for travel expenses related to missile defense matters with the Russian Federation until 30 days after the President transmits to Congress the draft agreement discussed at Deauville, France, in May 2011. | {"src": "billsum_train", "title": "To ensure the effectiveness of the missile defense system of the United States, and for other purposes."} | 1,983 | 471 | 0.662789 | 2.334179 | 0.842668 | 4.478261 | 4.490338 | 0.913043 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Women Veterans' Health Act of
1996''.
SEC. 2. WOMEN'S HEALTH SERVICES.
(a) Women's Health Services.--Section 1701 of title 38, United
States Code, is amended--
(1) in paragraph (6)(A)(i), by inserting ``women's health
services,'' after ``preventive health services,''; and
(2) by adding at the end the following:
``(10) The term `women's health services' means health care
services provided to women. Such term includes counseling and services
relating to the following:
``(A) Papanicolaou tests (pap smear).
``(B) Breast examinations and mammography.
``(C) The management and prevention of sexually transmitted
diseases.
``(D) Menopause, osteoporosis, and other conditions
relating to aging.
``(E) Cardiac care.
``(F) Physical and psychological conditions arising out of
acts of sexual violence.
``(G) Physical and psychological conditions that result
from homelessness.''.
(b) Contracts for Women's Health Services.--Section 1703(a) of such
title is amended by adding at the end the following:
``(9) Women's health services for veterans on an ambulatory
or outpatient basis.''.
(c) Repeal of Superseded Authority.--Section 106 of the Veterans
Health Care Act of 1992 (Public Law 102-585; 38 U.S.C. 1710 note) is
amended--
(1) by striking out subsection (a); and
(2) by striking out ``(b) Responsibilities of Directors of
Facilities.--'' before ``The Secretary''.
SEC. 3. COUNSELING AND TREATMENT FOR SEXUAL TRAUMA.
(a) Counseling.--Subsection (a)(1) of section 1720D of title 38,
United States Code, is amended by striking out ``During the period
through December 31, 1998, the Secretary'' and inserting in lieu
thereof ``The Secretary''.
(b) Treatment.--Subsection (a)(2) of such section is amended by
striking out ``During the period referred to in paragraph (1), the
Secretary'' and inserting in lieu thereof ``The Secretary''.
(c) Contract Counseling.--Subsection (a)(3) of such section is
amended by striking out ``, during the period through December 31,
1998,''.
SEC. 4. REPORT ON WOMEN'S HEALTH CARE AND RESEARCH.
(a) In General.--Not later than January 1, 1999, the Secretary of
Veterans Affairs shall submit to the Committees on Veterans' Affairs of
the Senate and House of Representatives a report on the provision of
health care services and the conduct of research carried out by, or
under the jurisdiction of, the Secretary relating to women veterans.
The report shall be prepared through the Center for Women Veterans
established under section 318 of title 38, United States Code, which
shall prepare the report in consultation with the Advisory Committee on
Women Veterans established under section 542 of that title.
(b) Contents.--The report under subsection (a) shall include the
following information:
(1) The number of women veterans who have received women's
health services (as such term is defined in section 1701(10) of
title 38, United States Code) in facilities under the
jurisdiction of the Secretary (or the Secretary of Defense),
shown by reference to the Department facility which provided
(or, in the case of Department of Defense facilities, arranged
for) those services.
(2) A description of--
(A) the services provided at each such facility;
(B) the type and amount of services provided by
such personnel, including information on the numbers of
inpatient stays and the number of outpatient visits through which such
services were provided; and
(C) the extent to which each such facility relies
on contractual arrangements under section 1703 or 8153
of title 38, United States Code, to furnish care to
women veterans in facilities which are not under the
jurisdiction of the Secretary where the provision of
such care is not furnished in a medical emergency.
(3) The steps taken by each such facility to expand the
provision of services at such facility (or under arrangements
with the Department of Defense facility) to women veterans.
(4) A description of the personnel of the Department who
provided such services to women veterans, including the number
of employees (including both the number of individual employees
and the number of full-time employee equivalents) and the
professional qualifications or specialty training of such
employees and the Department facilities to which such personnel
were assigned.
(5) A description of any actions taken by the Secretary to
ensure the retention of the personnel described in paragraph
(4) and any actions undertaken to recruit such additional
personnel or personnel to replace such personnel.
(6) An assessment by the Secretary of any difficulties
experienced by the Secretary in the furnishing of such services
and the actions taken by the Secretary to resolve such
difficulties.
(7) A description (as of October 1 of the year preceding
the year in which the report is submitted) of the status of any
research relating to women veterans being carried out by or
under the jurisdiction of the Secretary.
(8) A description of the actions taken by the Secretary to
foster and encourage the expansion of such research.
SEC. 5. EXPANSION OF RESEARCH RELATING TO WOMEN VETERANS.
(a) Inclusion of Women and Minorities in Health Research.--Section
7303(c) of title 38, United States Code, is amended--
(1) in paragraph (1), by striking out ``that, whenever
possible and appropriate--'' and inserting in lieu thereof
``that--''; and
(2) by adding at the end the following new paragraph:
``(3) The requirement in paragraph (1) regarding women and members
of minority groups who are veterans may be waived by the Secretary of
Veterans Affairs with respect to a project of clinical research if the
Secretary determines that the inclusion, as subjects in the project, of
women and members of minority groups, respectively--
``(A) is inappropriate with respect to the health of the
subjects;
``(B) is inappropriate with respect to the purpose of the
research; or
``(C) is inappropriate under such other circumstances as
the Secretary may designate.''.
(b) Health Research Relating to Women.--Section 7303(d) of such
title is amended by adding at the end the following new paragraphs:
``(3) The Secretary shall foster and encourage research under this
section on the following matters as they relate to women:
``(A) Breast cancer.
``(B) Gynecological and reproductive health, including
gynecological cancer, infertility, sexually-transmitted
diseases, and pregnancy.
``(C) Human Immunodeficiency Virus and Acquired Immune
Deficiency Syndrome.
``(D) Mental health, including post-traumatic stress
disorder, depression, combat related stress, and trauma.
``(E) Diseases related to aging, including menopause,
osteoporosis, and Alzheimer's disease.
``(F) Substance abuse.
``(G) Sexual violence and related trauma.
``(H) Exposure to toxic chemicals and other environmental
hazards.
``(I) Cardiac care.
``(4) The Secretary shall, to the maximum extent practicable,
ensure that personnel of the Department of Veterans Affairs engaged in
the research referred to in paragraph (1) include the following:
``(A) Personnel of the geriatric research, education, and
clinical centers designated pursuant to section 7314 of this
title.
``(B) Personnel of the National Center for Post-Traumatic
Stress Disorder established pursuant to section 110(c) of the
Veterans Health Care Act of 1984 (Public Law 98-528; 98 Stat.
2692).
``(5) The Secretary shall ensure that personnel of the Department
engaged in research relating to the health of women veterans are
advised and informed of such research engaged in by other personnel of
the Department.''.
SEC. 6. POPULATION STUDY.
(a) Study.--The Secretary of Veterans Affairs, subject to
subsection (f), shall conduct a study to determine the needs of
veterans who are women for health-care services. The study shall be
carried out through the Center for Women Veterans.
(b) Consultation.--Before carrying out the study, the Secretary
shall request the advice of the Advisory Committee on Women Veterans on
the conduct of the study.
(c) Persons To Be Included in Sample of Veterans Studied.--(1)
Subject to paragraph (2), the study shall be based on--
(A) an appropriate sample of veterans who are women; and
(B) an examination of the medical and demographic histories
of the women comprising such sample.
(2) The sample referred to in paragraph (1) shall constitute a
representative sampling (as determined by the Secretary) of the ages,
the ethnic, social and economic backgrounds, the enlisted and officer
grades, and the branches of service of all veterans who are women. The
Secretary shall ensure that homeless Women Veterans are included in the
sample.
(3) In carrying out the examination referred to in paragraph
(1)(B), the Secretary shall determine the number of women of the sample
who have used medical facilities of the Department, nursing home
facilities of or under the jurisdiction of the Department, and
outpatient care facilities of or under the jurisdiction of the
Department.
(d) Reports.--The Secretary shall submit to the Committees on
Veterans' Affairs of the Senate and House of Representatives reports
relating to the study as follows:
(1) Not later than nine months after the date of the
enactment of this Act, an interim report describing (A) the
information and advice obtained by the Secretary from the
Advisory Committee on Women Veterans, and (B) the status of the
study.
(2) Not later than December 31, 1999, a final report
describing the results of the study.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to the General Operating Expenses account of the
Department of Veterans Affairs $2,000,000 to carry out the purposes of
this section. Amounts appropriated pursuant to this authorization of
appropriations shall be available for obligation without fiscal year
limitation.
(f) Limitation.--No funds may be used to conduct the study
described in subsection (a) unless expressly provided for in an
appropriation Act.
SEC. 7. OUTREACH SERVICES FOR HOMELESS WOMEN VETERANS.
Section 7722(e) of title 38, United States Code, is amended by
adding at the end the following new sentence: ``In carrying out this
subsection, the Secretary shall take such steps as may be necessary to
ensure that homeless women veterans are included in such outreach
programs and outreach services.''.
SEC. 8. SAFE AND EFFECTIVE TREATMENT FOR WOMEN PSYCHIATRIC PATIENTS.
The Secretary of Veterans Affairs shall ensure that women veterans
who receive psychiatric treatment from the Secretary, particularly in
the case of women who are sexually traumatized, receive such treatment
(on both an inpatient and outpatient basis) in a safe and effective
manner that recognizes the privacy needs of such women.
SEC. 9. MAMMOGRAPHY QUALITY STANDARDS.
(a) Applicability to Department of Veterans Affairs of Mammography
Quality Standards Act of 1992.--Subsections (a) through (k) of section
354 of the Public Health Service Act (42 U.S.C. 263b) shall apply with
respect to facilities of the Department of Veterans Affairs without
regard to the last sentence of subparagraph (A) of subsection (a)(3) of
such section.
(b) Extension of Deadlines.--Any deadline for the completion of any
action prescribed under any provision referred to in subsection (a)
shall be applied with respect to facilities of the Department of
Veterans Affairs by extending such deadline so as to be two years after
the date of the enactment of this Act or two years after the date which
would otherwise be applicable under such provision, whichever is later.
(c) Interagency Cooperation.--The Secretary of Veterans Affairs
shall take appropriate steps to cooperate with the Secretary of Health
and Human Services in the implementation of this section.
SEC. 10. CENTER FOR WOMEN VETERANS.
Section 318(e) of title 38, United States Code, is amended--
(1) by inserting ``(1)'' after ``(e)'';
(2) by adding after the period the following: ``Such
resources shall include (subject to the availability of
appropriations) adequate clerical support (as determined by the
Director) to enable the Director to carry out the functions of
the Director under this section.''; and
(3) by adding at the end the following:
``(2) There is in the Center an Associate Director, who shall be
appointed from among individuals with appropriate education,
experience, and training to assist the Director with the investigative,
research, and reporting requirements under this section.''. | Women Veterans' Health Act of 1996 - Specifies the services to be included as women's health services in the Department of Veterans Affairs. Allows those services provided on an ambulatory or outpatient basis to be procured by contract when Department facilities are not capable of furnishing economical hospital care or medical services because of geographical inaccessibility or otherwise.
(Sec. 3) Makes permanent (currently terminates on December 31, 1998) a Department program providing sexual trauma counseling and treatment to women veterans.
(Sec. 4) Directs the Secretary of Veterans Affairs to report to the veterans' committees on the provision of health care services and the conduct of research carried out by the Department relating to women veterans. Requires such report to be prepared through the Center for Women Veterans.
(Sec. 5) Authorizes the Secretary to waive a requirement that women and other minority veterans be included as subjects in Department clinical health research. Directs the Secretary to foster and encourage research on specified gender-specific matters relating to women (breast cancer, gynecological and reproductive health, and sexual trauma), as well as non-gender-specific matters (HIV and AIDS, substance abuse, aging, and cardiac care). Requires certain Department personnel to be involved in such research.
(Sec. 6) Directs the Secretary to study and report to the veterans' committees concerning the needs of women veterans for health care services. Requires a representative sampling of all categories of women veterans in such study. Authorizes appropriations.
(Sec. 7) Directs the Secretary to ensure that: (1) homeless women veterans are included in homeless veterans' outreach programs and services; and (2) women veterans who receive Department psychiatric treatment, especially for sexual trauma, receive such treatment in a safe and effective manner that recognizes their privacy needs.
(Sec. 9) Makes applicable to Department mammography services and facilities the mammography quality standards promulgated under the Public Health Service Act. Extends the deadline for meeting such requirements.
(Sec. 10) Requires, with respect to the Center for Women Veterans: (1) adequate clerical support to carry out the functions of the Director of the Center; and (2) an Associate Director. | {"src": "billsum_train", "title": "Women Veterans' Health Act of 1996"} | 2,904 | 501 | 0.584226 | 1.816868 | 0.676206 | 2.562212 | 6.225806 | 0.875576 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bureau of Land Management Foundation
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Board.--The term ``Board'' means the Board of Directors
of the Foundation.
(2) BLM.--The term ``BLM'' means the Bureau of Land
Management.
(3) Chairman.--The term ``Chairman'' means the Chairman of
the Board.
(4) Director.--The term ``Director'' means an individual
member of the Board.
(5) Foundation.--The term ``Foundation'' means the Bureau
of Land Management Foundation established by this Act.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) National conservation lands.--The term ``National
Conservation Lands'' means the system of lands established by
section 2002 of the Omnibus Public Lands Management Act of 2009
(16 U.S.C. 7202).
(8) Wild free-roaming horses and burros.--The term ``wild
free-roaming horses and burros'' has the same meaning that term
has under section 2(b) of the Wild Free-Roaming Horses And
Burros Act Of 1971 (16 U.S.C. 1332(b)).
(9) Orphaned oil and gas well sites.--The term ``orphaned
oil and gas well sites'' means all onshore oil and gas wells in
the United States that have no responsible or liable parties
and that--
(A) are located on federally managed lands;
(B) are located on lands or minerals that were
federally managed at the time oil and gas operations
were initiated; or
(C) adversely impact the health or productivity of
Federal lands.
(10) Abandoned mine lands.--The term ``abandoned mine
lands'' means all hard rock mines in the United States that
were abandoned before January 1, 1981, and all coal mines in
the United States that were abandoned before August 3, 1977,
and that--
(A) are located on federally managed lands;
(B) are located on lands or minerals that were
federally managed at the time mining operations were
initiated; or
(C) adversely impact the health or productivity of
Federal lands.
SEC. 3. ESTABLISHMENT AND PURPOSES OF THE BUREAU OF LAND MANAGEMENT
FOUNDATION.
(a) Establishment.--There is established the Bureau of Land
Management Foundation as a charitable and nonprofit corporation that
shall not be considered an agency or establishment of the United
States.
(b) Purposes.--
(1) In general.--The purposes of the Foundation are to--
(A) encourage, accept, obtain, administer, and use
private gifts of money, devises, and bequests of real
and personal property for the benefit of, or in
connection with, the activities and services of the BLM
described in subparagraph (B);
(B) undertake, conduct, and encourage programs and
activities that support--
(i) educational, technical, scientific, and
other assistance or activities that support the
management of BLM lands in regard to--
(I) wild free-roaming horses and
burros;
(II) fish and wildlife and their
habitats;
(III) National Conservation Lands;
(IV) recreation resources; and
(V) cultural and historic
resources; and
(ii) activities that support the
reclamation and remediation of--
(I) abandoned mine lands;
(II) orphaned oil and gas well
sites; or
(III) public lands impacted by
development connected to mineral
exploration and development activities.
(2) Included reclamation activities.--Reclamation
activities under paragraph (1)(B) should include, but not be
limited to, the remediation of soil and water contamination,
the restoration of wildlife habitat in order to restore the
natural, scenic, historic, cultural, and ecological values of
such areas, or the promotion of the economic potential of such
areas.
(c) Activities of the Foundation and the Bureau of Land
Management.--The activities of the Foundation authorized under this Act
shall be supplemental to and shall not preempt any authority or
responsibility of the BLM under any other provision of law.
(d) Range of Foundation Activities.--The activities and grants made
by the Foundation under subsection (b)(1)(B) that are not subject to
limitations under section 5(d)(4) shall be undertaken in equal
proportion under clauses (i) and (ii) of subsection (b)(1)(B).
SEC. 4. BOARD OF DIRECTORS.
(a) Establishment and Membership.--
(1) In general.--The Foundation shall have a governing
Board of Directors, which shall consist of no more than nine
members, each of whom shall be a United States citizen.
(2) Requirements of members.--Of the appointed members of
the Board--
(A) at least three shall have education or
experience in natural, cultural, conservation, or other
resource management, law, research, or advocacy;
(B) at least three shall have education or
experience in energy and minerals development,
reclamation, or remediation; and
(C) up to three shall be appointed as at-large
members.
(3) Ex officio member.--The Director of the Bureau of Land
Management, or a designee of the Director of the Bureau of Land
Management, shall be an ex officio nonvoting member of the
Board.
(b) Appointment and Terms.--
(1) Initial appointment.--Not later than 1 year after the
date of the enactment of this Act, the Secretary shall appoint
the members of the Board in accordance with paragraph (6) who,
except as otherwise provided in paragraph (2), shall be
appointed for terms of 6 years.
(2) Staggered appointments.--In appointing the initial
members of the Board, the Secretary shall appoint, as
determined to be appropriate by the Secretary--
(A) one-third of the members to serve an initial
term of 2 years;
(B) one-third of the members to serve an initial
term of 4 years; and
(C) one-third of the members to serve an initial
term of 6 years.
(3) Vacancy.--A vacancy on the Board shall be--
(A) filled not later than 60 days after the vacancy
occurs, in the manner of which the original appointment
was made; and
(B) for the balance of the term of the individual
who was replaced.
(4) Removal.--A Director may be removed from the Board by a
majority vote of the Board if the individual misses three
consecutive regularly scheduled meetings.
(5) Term limit.--In no case may an individual serve more
than 12 consecutive years on the Board.
(6) Nominations.--The Secretary shall publish a
solicitation in the Federal Register seeking nominations from
the public of individuals for appointment to the Board. Such
solicitation shall be open for a period of 30 days. Nominations
submitted shall not be binding, but the Secretary shall give
consideration to the names received. Within 30 days after the
end of such period, the Secretary shall appoint members who
comply with the requirements of subsection (a)(2), and publish
the names and backgrounds of those appointed in the Federal
Register.
(7) Representation of diverse areas of expertise.--In
appointing the members of the Board the Secretary shall seek to
appoint, and may give preference to, individuals who have
experience with State or local government partnerships and
represent diverse areas of expertise.
(c) Chairman.--The Chairman--
(1) shall be elected by the Board from its members for a 2-
year term; and
(2) may be reelected as Chairman while serving as a
Director.
(d) Quorum.--A majority of the current voting membership of the
Board shall constitute a quorum for the transaction of business.
(e) Meetings.--The Board shall meet at the call of the Chairman at
least once a year.
(f) Reimbursement of Expenses.--Serving as a Director shall not
constitute employment by the United States Government for any purpose.
Members of the Board shall serve without pay other than reimbursement
for the actual and necessary traveling and subsistence expenses
incurred in the performance of their duties for the Foundation in
accordance with section 5703 of title 5, United States Code.
(g) General Powers.--The Board may complete the organization of the
Foundation by appointing officers and employees, adopting a
constitution and bylaws consistent with the purposes of the Foundation
and this Act, and undertaking other such acts as may be necessary to
function and to carry out the provisions of this title.
(h) Officers and Employees.--Officers and employees of the
Foundation may not be appointed until the Foundation has sufficient
funds to pay them for their service. Appointment as an officer or
employee of the Foundation shall not constitute employment by the
United States.
(i) Limitation and Conflicts of Interest.--
(1) Prohibition on political campaign activity.--The
Foundation shall not participate or intervene in a political
campaign on behalf of any candidate for public office.
(2) Conflict of interest.--No Director, officer, or
employee of the Foundation shall participate, directly or
indirectly, in the consideration or determination of any
particular matter before the Foundation affecting--
(A) the financial interests of that Director,
officer, employee, or an immediate family member of
such Director, officer, or employee; or
(B) the interests of any corporation, partnership,
entity, or organization in which such Director,
officer, employee, or an immediate family member of
such Director, officer, or employee--
(i) is an officer, director, or trustee; or
(ii) has any direct financial interest.
(3) Limitation on administrative expenditure.--Starting in
the fifth fiscal year beginning after the date of the enactment
of this Act, of the amounts available to the Foundation for
expenditure each fiscal year, not more than 15 percent may be
used for administrative expenses.
SEC. 5. POWERS AND OBLIGATIONS.
(a) In General.--The Foundation--
(1) shall have perpetual succession; and
(2) may conduct business throughout the several States,
territories, and possessions of the United States.
(b) Notice and Service of Process.--The Foundation shall at all
times maintain a designated agent in the District of Columbia
authorized to accept service of process for the Foundation. The serving
of notice to, or service of process upon, the agent required under this
subsection, or mailed to the business address of such agent, shall be
treated as service upon or notice to the Foundation.
(c) Seal.--The Foundation shall have an official seal selected by
the Board, which shall be judicially noticed.
(d) Powers.--In addition to powers otherwise authorized under this
Act, to carry out its purposes the Foundation shall have the usual
powers of a not-for-profit corporation in the District of Columbia,
including the power to--
(1) accept, receive, solicit, hold, administer, and use any
gift, devise, or bequest, either absolutely or in trust, of
real or personal property or any income therefrom or other
interest therein;
(2) acquire by donation, gift, devise, purchase, or
exchange, and dispose of, any real or personal property or
interest therein;
(3) sell, donate, lease, invest, reinvest, retain, or
otherwise dispose of any property or income therefrom unless
limited by the instrument of transfer;
(4) accept, receive, solicit, hold, administer, and use any
gift, devise, or bequest, at the request of the donor thereof,
strictly and exclusively for any purpose set forth in section
3(b), and such use shall include the expenditure of funds or
use of property for reasonable administrative expenses related
to actions to carry out the bequest;
(5) borrow money and issue bonds, debentures, or other debt
instruments;
(6) sue and be sued, and complain and defend itself in any
court of competent jurisdiction, except that the Directors of
the Board shall not be personally liable, except for gross
negligence;
(7) enter into contracts or other arrangements with public
agencies, private organizations, and persons and to make such
payments as may be necessary to carry out the purposes thereof;
and
(8) do any and all acts necessary and proper to carry out
the purposes of the Foundation.
(e) Property.--
(1) Acceptance of property.--A gift, devise, or bequest of
real property may be accepted by the Foundation even though it
is encumbered, restricted, or subject to beneficial interests
of private persons if any current or future interest therein is
for the benefit of the Foundation.
(2) Refusal of property.--The Foundation may, in its
discretion, decline any gift, devise, or bequest of real or
personal property.
(3) Title and interest in real property.--For the purposes
of this Act, an interest in real property shall be treated as
including mineral and water rights, rights-of-way, and
easements, appurtenant or in gross.
(4) Condemnation of real property prohibited.--No lands or
waters, or interests therein, that are owned by the Foundation
shall be subject to condemnation by any State or political
subdivision, or any agent of instrumentality thereof.
(5) Limitation on the acquisition of real property.--The
Foundation shall not use any funds to purchase real property,
unless such property is to be used by the Foundation for
administrative or other support purposes or is an easement for
right-of-way access necessary to utilize, manage, or otherwise
dispose of any bequest or gift of real property to the
Foundation.
SEC. 6. ADMINISTRATIVE SERVICES AND SUPPORT.
(a) Establishment Support.--For fiscal years 2017 through 2019, the
Foundation may accept Federal funds from a Federal agency under any
other Federal law for use by the Foundation for the purposes of
assisting the Foundation in establishing an office and meeting initial
administrative, project, and other expenses in conformance with this
Act.
(b) Administrative Services.--The Secretary may provide personnel,
facilities, equipment, and other administrative services to the
Foundation with such limitations and on such terms and conditions as
the Secretary shall establish. The Foundation may reimburse the
Secretary for any support provided under this subsection, in whole or
in part, and any reimbursement received by the Secretary under this
subsection shall be deposited into the Treasury to the credit of the
appropriations then current and chargeable for the cost of providing
the services.
SEC. 7. VOLUNTEERS.
The Secretary may accept, without regard to the civil service
classification laws, rules, and regulations, the services of the
Foundation, the Board, and the offices, employees, or agents of the
Foundation, without compensation from the Department of the Interior,
as volunteers for the performance of the functions under section 307(d)
of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1737(d)).
SEC. 8. AUDITS AND REPORTS REQUIREMENTS.
(a) Audits.--For purposes of section 10101 of title 36, United
States Code, the Foundation shall be treated as a corporation in part B
of subtitle II of such title.
(b) Annual Report.--The Foundation shall transmit at the end of
each fiscal year a report to Congress of its proceedings and activities
during that fiscal year, including--
(1) a full and complete statement of its receipts,
expenditures, and investments;
(2) a description of all acquisition and disposal of real
property by the Foundation;
(3) a detailed statement of the recipient, amount, and
purpose of each grant made by the Foundation; and
(4) a copy of any audit prepared for the Foundation in the
previous fiscal year.
SEC. 9. UNITED STATES RELEASE FROM LIABILITY.
The United States shall not be liable for any debts, defaults,
acts, or omissions of the Foundation, nor shall the full faith and
credit of the United States extend to any obligations of the
Foundation.
SEC. 10. RELIEF WITH RESPECT TO CERTAIN FOUNDATION ACTS OR FAILURE TO
ACT.
The Attorney General may petition in the United States District
Court for the District of Columbia for such equitable relief as may be
necessary or appropriate if the Foundation engages in any act,
practice, or policy that is inconsistent with this Act or the bylaws of
the Foundation.
SEC. 11. LIMITATION ON AUTHORITY.
Nothing in this Act authorizes the Foundation to perform any
function the authority for which is exclusively provided to the BLM
under any other provision of law.
SEC. 12. LIMITATIONS ON USE OF FUNDS.
Amounts available to, or provided by, the Foundation shall not be
used for--
(1) any activity the purpose of which is to influence
legislation pending before Congress; or
(2) any activity inconsistent with this Act.
SEC. 13. CLARIFICATION ON FUNDING.
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 July 5, 2016.
Attest:
KAREN L. HAAS,
Clerk. | Bureau of Land Management Foundation Act (Sec. 3) This bill establishes the Bureau of Land Management Foundation as a charitable, nonprofit organization to encourage, accept, obtain, administer, and use private gifts of money, devises, and bequests of real and personal property for the benefit of, or in connection with, the activities and services of the Bureau of Land Management (BLM). The foundation shall conduct and encourage programs and activities that support: educational, technical, scientific, and other assistance or activities to support the management of BLM lands with regard to wild free-roaming horses and burros, fish and wildlife and their habitats, National Conservation Lands, and recreation, cultural, and historic resources; and activities that support the reclamation and remediation of specified abandoned mine lands, specified orphaned oil and gas well sites, or public lands impacted by development connected to mineral exploration and development activities. Reclamation activities are to include the remediation of soil and water contamination; the restoration of wildlife habitat in order to restore the natural, scenic, historic, cultural, and ecological values of those areas; or promotion of the areas' economic potential. | {"src": "billsum_train", "title": "Bureau of Land Management Foundation Act"} | 3,756 | 248 | 0.585976 | 1.636228 | 0.696675 | 5.255605 | 15.650224 | 0.959641 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Effective Care for the Armed Forces
and Veterans Act of 2007''.
SEC. 2. PROHIBITION ON COMPETITIVE SOURCING OF CERTAIN ACTIVITIES AT
MEDICAL FACILITIES OF THE DEPARTMENT OF DEFENSE.
(a) Findings.--Congress finds the following:
(1) The health and recovery of wounded members of the Armed
Forces may be risked by competitive sourcing of services at
military medical facilities.
(2) The provision of medical services to members and former
members of the Armed Forces who were injured while serving in
Operation Iraqi Freedom or Operation Enduring Freedom is a
basic service that is the responsibility of the Government and
any disruption is unacceptable when it risks the health of
veterans and members of the Armed Forces.
(3) The Department of Defense has attempted to implement
competitive sourcing of services at military medical facilities
despite the fact that doing so provides no improvement in the
efficiency or effectiveness of such services.
(b) Prohibition on Initiation of Competitive Sourcing Activities at
Medical Facilities of Department of Defense During Period of Major
Military Conflict.--
(1) In general.--Except as provided in paragraph (2),
during a period in which the Armed Forces are involved in a
major military conflict, the Secretary of Defense shall not
take any action under the Office of Management and Budget
Circular A-76 or any other similar administrative regulation,
directive, or policy--
(A) to subject work performed by an employee of a
medical facility of the Department of Defense or
employee of a private contractor of such a medical
facility to public-private competition; or
(B) to convert such employee or the work performed
by such employee to private contractor performance.
(2) Exception to prevent negative impact on provision of
services.--Paragraph (1) shall not apply to any action at a
medical facility of the Department of Defense if the Secretary
of Defense certifies to Congress that not initiating such
action during such period would have a negative impact on the
provision of services at such military medical facility.
(c) Study on Competitive Sourcing Activities at Medical Facilities
of Department of Defense.--The Comptroller General of the United States
shall assess the efficiency and advisability of subjecting work
performed by an employee of a medical facility of the Department of
Defense or a private contractor of such a medical facility to public-
private competition, or converting such employee or the work performed
by such employee to private contractor performance, under the Office of
Management and Budget Circular A-76 or any other similar administrative
regulation, directive, or policy.
SEC. 3. MINIMUM BUDGET FOR MEDICAL SERVICES OF THE ARMED FORCES DURING
PERIOD OF MAJOR MILITARY CONFLICT.
(a) Findings.--Congress finds the following:
(1) Pressure to reduce the budget for the medical services
of the Department of Defense has contributed to many of the
current problems at Walter Reed Army Medical Center.
(2) It is inappropriate to reduce the budget for medical
services of the Department of Defense or the Department of
Veterans Affairs while such services are needed to treat
members of the Armed Forces or veterans who were wounded in
Iraq and Afghanistan.
(b) Minimum Budget for Medical Services.--
(1) In general.--Except as provided in paragraph (2), if
the Armed Forces are involved in a major military conflict at
the time the President submits the budget for a fiscal year to
Congress, the President shall not include in that budget a
total aggregate amount allocated for medical services for the
Department of Defense and the Department of Veterans Affairs
that is less than the total aggregate amount allocated for such
purposes in the budget submitted by the President to Congress
for the previous fiscal year.
(2) Exception.--Paragraph (1) shall not apply if the
President--
(A) certifies to Congress that submitting a total
aggregate amount allocated for medical services for the
Department of Defense and the Department of Veterans
Affairs that is less than that required under paragraph
(1) is in the national interest; and
(B) submits to Congress a report on the reasons for
the reduction described by subparagraph (A).
SEC. 4. LIMITATION ON IMPLEMENTATION OF RECOMMENDATION TO CLOSE WALTER
REED ARMY MEDICAL CENTER.
(a) Findings.--Congress finds the following:
(1) The final recommendations of the Defense Base Closure
and Realignment Commission under the 2005 round of defense base
closure and realignment include recommendations to close Walter
Reed Army Medical Center and to build new, modern facilities at
the National Naval Medical Center at Bethesda and at Fort
Belvoir to improve the overall quality of and access to health
care for members of the Armed Forces.
(2) These recommendations include the transfer of medical
services from the Walter Reed Army Medical Center to the
National Naval Medical Center at Bethesda and at Fort Belvoir,
but they do not adequately provide for housing for the families
of wounded members of the Armed Forces who will receive
treatment at such new facilities.
(3) The recommended closure of the Walter Reed Army Medical
Center has impaired the ability of the Secretary of Defense to
attract the personnel required to provide proper medical
services at such medical center.
(b) Limitation on Implementation of Recommendations.--The Secretary
of Defense shall not take any action to implement the recommendations
of the Defense Base Closure and Realignment Commission under the 2005
round of defense base closure and realignment relating to the transfer
of medical services from Walter Reed Army Medical Center to the
National Naval Medical Center at Bethesda and at Fort Belvoir during
the period beginning on the date of the enactment of this Act and
ending on the date that is 60 days after the date on which Congress
receives the plan required under subsection (c).
(c) Plan Required.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a plan that includes an assessment of the following:
(1) The feasibility and advisability of providing current
or prospective employees at Walter Reed Army Medical Center a
guarantee that their employment will continue in the
Washington, DC, metropolitan area for more than two years after
the date on which Walter Reed Army Medical Center is closed.
(2) Detailed construction plans for new medical facilities
and family housing at the National Naval Medical Center at
Bethesda and at Fort Belvoir to accommodate the transfer of
medical services from Walter Reed Army Medical Center to the
National Naval Medical Center at Bethesda and at Fort Belvoir.
(3) The costs, feasibility, and advisability of completing
all of the construction planned for the transfer of medical
services from Walter Reed Army Medical Center to the National
Naval Medical Center at Bethesda and at Fort Belvoir before any
patients are transferred to such new facilities from Walter
Reed Army Medical Center as a result of the recommendations of
the Defense Base Closure and Realignment Commission under the
2005 round of defense base closure and realignment.
SEC. 5. IMPROVING CASE MANAGEMENT SERVICES FOR MEMBERS OF THE ARMED
FORCES.
(a) Findings.--Congress makes the following findings:
(1) Case managers are important for scheduling appointments
and making sure recovering servicemembers get the care they
need.
(2) Many case managers are overwhelmed by the large number
of wounded members of the Armed Forces returning from
deployment in Iraq and Afghanistan.
(3) Regular contact between health care providers and
members of the Armed Forces returning from deployment is
important for the diagnosis of post traumatic stress disorder
in such members.
(4) It is inappropriate to require a wounded member of the
Armed Forces or a family member of such member to provide a
photo or a medal from deployment in Iraq or Afghanistan to
prove that such member served in and was injured from such
deployment.
(5) Case managers are well qualified to assist recovering
servicemembers and their families with the disability
evaluation system and discharge procedures of the Department of
Defense.
(b) Case Managers.--
(1) In general.--The Secretary of Defense shall assign at
least one case manager for every 20 recovering servicemembers
to assist in the recovery of such recovering servicemember.
(2) Minimum contact.--The Secretary of Defense shall ensure
that case managers contact each of their assigned recovering
servicemembers not less than once per week.
(3) Training.--The Secretary of Defense shall ensure that
case managers of the Department of Defense are familiar with
the disability and discharge system of the Department of
Defense and that such case managers are able to assist
recovering servicemembers complete necessary and related forms.
(c) Recovering Servicemember.--In this section, the term
``recovering servicemember'' means a member of the Armed Forces,
including a member of the National Guard or a Reserve, who is
undergoing medical treatment, recuperation, or therapy, or is otherwise
in medical hold or holdover status, for an injury, illness, or disease
incurred or aggravated while on active duty in the Armed Forces.
SEC. 6. SCREENING FOR TRAUMATIC BRAIN INJURY.
(a) Findings.--Congress finds the following:
(1) Many of the members of the Armed Forces deployed in
Iraq and Afghanistan have brain injuries.
(2) In many cases, such injuries are not diagnosed because
there is no external indication of such injury.
(3) The Secretary of Veterans Affairs carries out programs
to screen all recent combat veterans for traumatic brain
injury; the Secretary of Defense does not do so.
(b) Screening Required.--The Secretary of Defense shall screen
every member of the Armed Forces returning from deployment in Operation
Iraqi Freedom or Operation Enduring Freedom for traumatic brain injury
upon the return of each such member.
(c) Studies on Treating Traumatic Brain Injury as Presumptive
Condition for Disability Compensation.--
(1) Study by secretary of defense.--
(A) In general.--The Secretary of Defense shall
conduct a study on the feasability and advisability of
treating traumatic brain injury as a presumptive
condition for members of the Armed Forces who served in
Operation Iraqi Freedom or Operation Enduring Freedom
for the qualification for disability compensation under
laws administered by the Secretary of Defense.
(B) Report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense
shall submit to Congress a report on the results of the
study required by subparagraph (A).
(2) Study by secretary of veterans affairs.--
(A) In general.--The Secretary of Veterans Affairs
shall conduct a study on the feasability and
advisability of treating traumatic brain injury as a
presumptive condition for veterans who served as
members of the Armed Forces in Operation Iraqi Freedom
or Operation Enduring Freedom for the qualification for
disability compensation under laws administered by the
Secretary of Veterans Affairs.
(B) Report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Veterans
Affairs shall submit to Congress a report on the
results of the study required by subparagraph (A).
(3) Study by director of national institutes of health.--
(A) In general.--The Director of the National
Institutes of Health shall conduct a study on traumatic
brain injury, including the detection of traumatic
brain injury and the measurement and classification of
the severity of traumatic brain injury.
(B) Report.--Not later than 180 days after the date
of the enactment of this Act, the Director of the
National Institutes of Health shall submit to Congress
a report on the results of the study required by
subparagraph (A).
SEC. 7. REQUIRING MEDICAL RECORDS MANAGEMENT SYSTEMS OF DEPARTMENT OF
DEFENSE TO COMMUNICATE WITH MEDICAL RECORDS MANAGEMENT
SYSTEMS OF DEPARTMENT OF VETERANS AFFAIRS.
(a) Findings.--Congress makes the following findings:
(1) The electronic transfer of medical records of members
of the Armed Forces from the medical records management systems
of the Department of Defense to the medical records management
systems of the Department of Veterans Affairs would be prudent.
(2) The Department of Veterans Affairs has been a leader in
the implementation of electronic medical records management
systems.
(b) Electronic Communication Between Medical Records Management
Systems Required.--
(1) In general.--Not later than two years after the date of
the enactment of this Act, the Secretary of Defense shall
ensure that the medical records management systems of the
Department of Defense are capable of transmitting medical
records to and receiving medical records from the medical
records management systems of the Department of Veterans
Affairs electronically.
(2) Initiation of activities.--Not later than one year
after the date of the enactment of this Act, the Secretary of
Defense shall begin any activities required to meet the
requirements of paragraph (1).
SEC. 8. DEPARTMENT OF VETERANS AFFAIRS ASSESSMENT OF LONG-TERM CARE
NEEDS OF VETERANS.
(a) Findings.--Congress makes the following findings:
(1) Multiple studies show that, in the next five years, the
Department of Veterans Affairs will add hundreds of thousands
of new veterans to the medical records management systems of
the Department of Veterans Affairs.
(2) During such period, many veterans will have multiple
medical care needs caused by complex medical conditions.
(b) Assessment of Long-Term Care Needs.--The Secretary of Veterans
Affairs shall assess the current ability of the Department of Veterans
Affairs to meet long-term care needs of veterans during the 50-year
period that begins on the date of the enactment of this Act.
(c) Determination of Actions Required To Meet Long-Term Care
Needs.--The Secretary of Veterans Affairs shall determine what actions
are required to ensure that the needs described in subsection (b) are
satisfied.
(d) Report Required.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to Congress a report on the assessment required in subsection (b) and
the determination required in subsection (c). | Effective Care for the Armed Forces and Veterans Act of 2007 - Prohibits the Secretary of Defense, during a period of a U.S. major military conflict, from: (1) subjecting work performed by an employee of a Department of Defense (DOD) medical facility or an employee of a private contractor of such facility to public-private competition; or (2) converting such employee or the work performed to private contractor performance. Allows an exception to prevent a negative impact on the provision of services.
Requires a study by the Comptroller General on competitive outsourcing activities at DOD medical facilities.
Provides: (1) a minimum budget for DOD medical services during periods of major military conflicts; and (2) a limitation on the implementation of a recommendation for the closure of Walter Reed Army Medical Center.
Requires the Secretary to: (1) assign at least one case manager for every 20 recovering servicemembers; (2) screen every servicemember returning from deployment in Operations Iraqi Freedom or Enduring Freedom for traumatic brain injury (requiring two related studies); and (3) require DOD medical records management systems to communicate with such systems of the Department of Veterans Affairs (VA).
Directs the Secretary of Veterans Affairs to assess the VA's ability to meet the long-term care needs of veterans over the next 50 years. | {"src": "billsum_train", "title": "A bill to improve the medical care of members of the Armed Forces and veterans, and for other purposes."} | 3,086 | 280 | 0.638028 | 1.967649 | 0.934151 | 3.578125 | 10.929688 | 0.929688 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Health Care Protection and
Improvement Act of 1997''.
SEC. 2. EXTENSION OF RURAL HEALTH TRANSITION GRANT PROGRAM.
Section 4005(e) of the Omnibus Budget Reconciliation Act of 1987
(42 U.S.C. 1395ww note) is amended--
(1) in paragraph (6), by adding at the end the following:
``The Administrator may adjust the amount of a grant to a
hospital under this subsection, or terminate the grant, if the
Administrator determines that the hospital is using the grant
for an inappropriate use under this subsection.''; and
(2) in paragraph (9), by striking ``1997'' and inserting
``1997, and such sums as are necessary for each of fiscal years
1998 through 2002''.
SEC. 3. IMPROVING FAIRNESS OF PAYMENTS TO HEALTH MAINTENANCE
ORGANIZATIONS AND COMPETITIVE MEDICAL PLANS.
(a) In General.--Section 1876(a) of the Social Security Act (42
U.S.C. 1395mm(a)) is amended to read as follows:
``(a)(1)(A) The Secretary shall annually determine, and shall
announce (in a manner intended to provide notice to interested parties)
not later than April 30 before the calendar year concerned--
``(i) a per capita rate of payment for individuals who are
enrolled under this section with an eligible organization that
has entered into a risk-sharing contract and who are entitled
to benefits under part A and enrolled under part B;
``(ii) a per capita rate of payment for individuals who are
so enrolled with such an organization and who are enrolled
under part B only; and
``(iii) the factors to be used by the Secretary in
adjusting the annual capitation rate under subparagraph
(B)(ii).
For purposes of this section, the term `risk-sharing contract' means a
contract entered into under subsection (g) and the term `reasonable
cost reimbursement contract' means a contract entered into under
subsection (h).
``(B) The annual per capita rate of payment for each payment area
(as defined in paragraph (5)) shall be equal to the annual capitation
rate (as defined in paragraph (4)), adjusted by the Secretary for--
``(i) individuals who are enrolled under this section with
an eligible organization that has entered into a risk-sharing
contract and who are enrolled under part B only; and
``(ii) such risk factors as age, disability status, gender,
institutional status, end-stage renal disease status, and such
other factors as the Secretary determines to be appropriate so
as to ensure actuarial equivalence. The Secretary may add to,
modify, or substitute for such factors, if such changes will
improve the determination of actuarial equivalence.
``(C) In the case of an eligible organization with a risk-sharing
contract, the Secretary shall make monthly payments in advance and,
except as provided in subsection (g)(2), in accordance with the rate
determined under subparagraph (B), to the organization for each
individual enrolled with the organization under this section.
``(D) The Secretary shall establish a separate rate of payment to
an eligible organization with respect to any individual determined to
have end-stage renal disease and enrolled with the organization. Such
rate of payment shall be actuarially equivalent to rates paid to other
enrollees in the payment area (or such other area as specified by the
Secretary).
``(E)(i) The amount of payment under this paragraph may be
retroactively adjusted to take into account any difference between the
actual number of individuals enrolled in the plan under this section
and the number of such individuals estimated to be so enrolled in
determining the amount of the advance payment.
``(ii)(I) Subject to subclause (II), the Secretary may make
retroactive adjustments under clause (i) to take into account
individuals enrolled during the period beginning on the date on which
the individual enrolls with an eligible organization (which has a risk-
sharing contract under this section) under a health benefit plan
operated, sponsored, or contributed to by the individual's employer or
former employer (or the employer or former employer of the individual's
spouse) and ending on the date on which the individual is enrolled in
the plan under this section, except that for purposes of making such
retroactive adjustments under this clause, such period may not exceed
90 days.
``(II) No adjustment may be made under subclause (I) with respect
to any individual who does not certify that the organization provided
the individual with the explanation described in subsection (c)(3)(E)
at the time the individual enrolled with the organization.
``(F) Not later than March 1, the Secretary shall provide for
notice to eligible organizations of proposed changes to be made in the
methodology from the methodology and assumptions used in the previous
announcement under subparagraph (A) and shall provide eligible
organizations with an opportunity to comment on the proposed changes.
``(2) With respect to any eligible organization that has entered
into a reasonable cost reimbursement contract, payments shall be made
to such plan in accordance with subsection (h)(2) rather than paragraph
(1).
``(3) Subject to paragraphs (2)(B)(ii) and (7) of subsection (c),
payments under a contract to an eligible organization under paragraph
(1) or (2) shall be instead of the amounts which (in the absence of the
contract) would be otherwise payable, pursuant to sections 1814(b) and
1833(a), for services furnished by or through the organization to
individuals enrolled with the organization under this section.
``(4)(A) For purposes of this section, the `annual capitation rate'
for a payment area for a calendar year is equal to the greatest of the
following (adjusted as provided by subparagraphs (F) through (H)):
``(i) The sum of--
``(I) the area-specific percentage (as specified
under subparagraph (B) for the year) of the area-
specific capitation rate for the year for the payment
area, as determined under subparagraph (C); and
``(II) the national percentage (as specified under
subparagraph (B) for the year) of the input-price-
adjusted national capitation rate for the year, as
determined under subparagraph (D);
multiplied by a budget neutrality factor adjustment factor
determined under subparagraph (E).
``(ii) An amount equal to--
``(I) for 1998, 85 percent of the input-price-
adjusted national capitation rate for the year, as
determined under subparagraph (D); and
``(II) for any succeeding year, the amount
determined under this clause for the preceding year
increased by the national average per capita growth
percentage specified under subparagraph (F) for that
succeeding year.
``(iii) An amount equal to--
``(I) for 1998, 100 percent of the annual per
capita rate of payment for 1997 for the payment area
(determined under this section, as in effect on the day
before the date of enactment of the Rural Health Care
Protection and Improvement Act of 1997); and
``(II) for any succeeding subsequent year, 102
percent of the annual capitation rate under this
paragraph for the payment area for the previous year.
``(B) For purposes of subparagraph (A)(i)--
``(i) for 1998, the `area-specific percentage' is 85
percent and the `national percentage' is 15 percent;
``(ii) for 1999, the `area-specific percentage' is 75
percent and the `national percentage' is 25 percent;
``(iii) for 2000, the `area-specific percentage' is 65
percent and the `national percentage' is 35 percent;
``(iv) for 2001, the `area-specific percentage' is 55
percent and the `national percentage' is 45 percent; and
``(v) for any year after 2001, the `area-specific
percentage' is 50 percent and the `national percentage' is 50
percent.
``(C) For purposes of subparagraph (A)(i)(I), the area-specific
capitation rate for a payment area--
``(i) for 1998, is the average of the annual per capita
rates of payment for the area for 1995 through 1997, after
adjusting the 1995 and 1996 rates of payment to 1997 dollars,
increased by the national average per capita growth percentage
for 1998 (specified in subparagraph (F)); and
``(ii) for any subsequent year, is the area-specific
capitation rate for the previous year determined under this
subparagraph for the payment area, increased by the national
average per capita growth percentage for that subsequent year.
``(D)(i) For purposes of clauses (i)(II) and (ii)(I) of
subparagraph (A), the input-price-adjusted national capitation rate for
a year for a payment area is equal to the sum, for all the types of
services under this title (as classified by the Secretary), of the
product (for each such type of service) of--
``(I) the national standardized capitation rate (determined
under clause (ii)) for the year;
``(II) the proportion of that rate for the year that is
attributable to that type of services; and
``(III) an index that reflects (for that year and that type
of services) the relative input price of the services in the
area compared with the national input price of the services.
In applying subclause (III), the Secretary shall, subject to clause
(iii), apply those indices under this title that are used in applying
(or updating) national payment rates for specific areas and localities.
``(ii) In clause (i)(I), the `national standardized capitation
rate' for a year is equal to--
``(I) the sum (for all payment areas) of the product of--
``(aa) the area-specific capitation rate for the
year for the area under subparagraph (C); and
``(bb) the average number of individuals entitled
to benefits under this title who reside in that area in
the year; divided by
``(II) the total average number of individuals entitled to
benefits under this title who reside in all payment areas for
that year.
``(iii) In applying this subparagraph for 1998--
``(I) services under this title shall be divided into
services under part A and services under part B;
``(II) the proportions described in clause (i)(II) for
those types of services shall be--
``(aa) for services under part A, the ratio
(expressed as a percentage) of the average annual per
capita rate of payment for the area for part A for 1997
to the total average annual per capita rate of payment
for the area for parts A and B for 1997; and
``(bb) for services under part B, 100 percent minus
the ratio described in item (aa);
``(III) for services under part A, 70 percent of payments
attributable to such services shall be adjusted by the index
used under section 1886(d)(3)(E) to adjust payment rates for
relative hospital wage levels for hospitals located in the
payment area involved; and
``(IV) for services under part B--
``(aa) 66 percent of payments attributable to such
services shall be adjusted by the index of the
geographic area factors used under section 1848(e) used
to adjust payment rates for physicians' services
furnished in the payment area; and
``(bb) of the remaining 34 percent of the amount of
such payments, 70 percent shall be adjusted by the
index described in subclause (III).
The index values applied under this subparagraph shall be computed
based only on the population of individuals entitled to benefits under
this title by reason of section 1811(1) who have not been determined to
have end-stage renal disease. The Secretary may continue to apply the
rules described in the preceding subclauses (or similar rules) in 1999.
``(E) For each year, the Secretary shall determine a budget
neutrality adjustment factor so that the aggregate of the payments
under this section shall equal the aggregate payments that would have
been made under this section if the area-specific percentage for the
year had been 100 percent and the national percentage had been 0
percent.
``(F) For purposes of subparagraphs (A)(ii)(II) and (C), the
national average per capita growth percentage shall be the percentage
determined by the Secretary on an annual basis (not later than April 30
before the year concerned) to reflect the Secretary's estimate of the
projected per capita rate of growth in expenditures under this title.
Separate determinations shall be made for individuals entitled to
benefits under this title by reason of paragraphs (1), (2), and (3) of
section 1811. Such percentage shall include an adjustment for over-or-
under projection in the growth percentage for previous years.
``(5)(A) For purposes of this section, except as provided by
subparagraph (B), the term `payment area' means a county, or equivalent
area specified by the Secretary.
``(B) In the case of individuals who are determined to have end-
stage renal disease, the payment area is a State or other area
specified by the Secretary.
``(6) The payment to an eligible organization under this section
for individuals enrolled under this section with the organization and
entitled to benefits under part A and enrolled under part B shall be
made from the Federal Hospital Insurance Trust Fund and the Federal
Supplementary Medical Insurance Trust Fund. The monthly portion of that
payment to the organization to be paid by each trust fund shall be
determined as follows:
``(A) In regard to expenditures by eligible organizations
having risk-sharing contracts, the allocation shall be
determined each year by the Secretary based on the relative
weight that benefits from each fund contribute to the adjusted
average per capita cost.
``(B) In regard to expenditures by eligible organizations
operating under a reasonable cost reimbursement contract, the
initial allocation shall be based on the plan's most recent
budget, such allocation to be adjusted, as needed, after cost
settlement to reflect the distribution of actual expenditures.
The remainder of that payment shall be paid by the former trust fund.
``(7) Subject to paragraphs (2)(B)(ii) and (7) of subsection (c),
if an individual is enrolled under this section with an eligible
organization having a risk-sharing contract, only the eligible
organization shall be entitled to receive payments from the Secretary
under this title for services furnished to the individual.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to contracts entered into under section 1876 (42 U.S.C. 1395mm)
on or after October 1, 1997.
SEC. 4. IMPROVING FAIRNESS OF MEDICARE FEE-FOR-SERVICE PAYMENTS.
(a) In General.--Subject to subsection (b), the Secretary of Health
and Human Services shall increase or decrease payments to providers of
services, physicians, and other health care professionals under the
medicare fee-for-service program under title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.) in each payment area (as defined
in section 1876(a)(5) of such Act (42 U.S.C. 1395mm(a)(5)) (as amended
by section 3 of this Act) to reflect, to the greatest extent possible,
the proportionate increase or decrease, whichever is applicable, in
payments to eligible organizations under section 1876 of such Act in
payment areas by reason of the amendment made to such section by
section 3 of this Act in order to ensure that payments to such
providers of services, physicians, and other health care professionals
are made on a fair and equitable basis.
(b) Budget Neutral.--The total amount expended under title XVIII of
the Social Security Act (42 U.S.C. 1395 et seq.) shall not be increased
or decreased by reason of the modification described in subsection (a).
(c) Methodology.--Not later than October 1, 1997, the Secretary
shall submit a report to Congress that contains the methodology to be
used in determining the increase or decrease in payments described in
subsection (a).
(d) Effective Date.--This section shall apply to payments made
under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.)
on and after October 1, 1997.
SEC. 5. ASSURING INCREASED PAYMENTS FOR ADDITIONAL BENEFITS AND
IMPROVED INFRASTRUCTURE.
(a) In General.--The Secretary of Health and Human Services shall
take such steps as are necessary to ensure, to the greatest extent
possible, that an increase in payments to eligible organizations under
section 1876 of the Social Security Act (42 U.S.C. 1395mm) by reason of
the provisions of this Act are used by such organizations to--
(1) increase the provision of health care services to
beneficiaries under the medicare program under title XVIII of
such Act (42 U.S.C. 1395 et seq.); or
(2) to improve health care services infrastructure.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, and annually thereafter, the Secretary of Health and Human
Services shall submit a report to the appropriate committees of
jurisdiction of Congress that contains a detailed description of the
steps taken by the Secretary pursuant to subsection (a) and the results
of such steps. | Rural Health Care Protection and Improvement Act of 1997 - Amends the Omnibus Budget Reconciliation Act of 1987 to reauthorize and extend the Rural Health Care Transition Grant Program, as well as to authorize the Administrator of the Health Care Financing Administration to adjust program grants to hospitals, or terminate them, if the Administrator determines that the hospital is using grant funds inappropriately.
Amends title XVIII (Medicare) of the Social Security Act to revise the formulae for payments to health maintenance organizations and competitive medical plans for the stated purpose of improving fairness of payments to such entities.
Requires the Secretary of Health and Human Services to determine the annual per capita rate of payment for each payment area by adjusting the annual capitation rate for: (1) individuals (not, as currently, a class of individuals) who are enrolled with an eligible organization that has entered into a risk-sharing contract and who are enrolled under Medicare part B (Supplementary Medical Insurance) only; and (2) such risk factors as age, disability status, gender, institutional status, end-stage renal disease, and other appropriate factors so as to ensure actuarial equivalence.
Requires the Secretary to establish a separate rate of payment to an eligible organization with respect to any individual determined to have end-stage renal disease and enrolled with the organization.
Prescribes a general formula for the annual capitation rate of a payment area based on an area-specific capitation rate and an input-price-adjusted national capitation rate. Specifies area-specific and national percentages for contract years 1998 through 2001 and after.
Requires the Secretary to increase or decrease payments to service providers, physicians, and other health care professionals under the Medicare fee-for-service program in each payment area to reflect, to the greatest extent possible, the proportionate increase or decrease (as applicable) in payments to eligible organizations under Medicare in payment areas by reason of this Act in order to ensure that payments to such health care professionals are made on a fair and equitable basis. Prohibits the total amount expended under Medicare from being increased or decreased by reason of such requirement. Directs the Secretary to report to the Congress on the methodology to be used in determining the increase or decrease in such payments.
Requires the Secretary to take necessary steps to ensure, to the greatest extent possible, that eligible organizations use any increase in Medicare payments by reason of this Act to increase the provision of health care services to Medicare beneficiaries or to improve health care services infrastructure. | {"src": "billsum_train", "title": "Rural Health Care Protection and Improvement Act of 1997"} | 3,953 | 548 | 0.640277 | 1.987563 | 0.739122 | 4.844075 | 7.632017 | 0.927235 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Base Closure Reuse Reform Act of
1997''.
SEC. 2. REFORM OF PROPERTY DISPOSAL REQUIREMENTS UNDER BASE CLOSURE
LAWS TO PROMOTE ECONOMIC DEVELOPMENT AND PROTECT CLOSING
INSTALLATIONS.
(a) Applicability of Excess Profits Clause.--
(1) 1990 Law.--Section 2905(b)(2)(A)(i) of the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note) is amended by
inserting before the semicolon the following: ``, except that
provisions of such Act (and regulations under such Act)
intended to prevent excess profits arising from the receipt of
surplus property shall not apply''.
(2) 1988 Law.--Section 204(b)(2)(A)(i) of the Defense
Authorization Amendments and Base Closure and Realignment Act
(Public Law 100-526; 10 U.S.C. 2687 note) is amended by
inserting before the semicolon the following: ``, except that
provisions of such Act (and regulations under such Act)
intended to prevent excess profits arising from the receipt of
surplus property shall not apply''.
(b) Interim Lease Authority.--Section 2667(f) of title 10, United
States Code, is amended--
(1) in paragraph (1), by adding at the end the following
new sentences: ``Subject to paragraph (5)(A), the Secretary
concerned shall permit the lessee to make capital improvements
to the leased property to facilitate economic development of
the property and may not condition such permission by requiring
the removal of the improvements upon the expiration of the
lease. However, the United States shall not be responsible for
the cost of the improvements if the property reverts to United
States control upon the expiration of the lease. The Secretary
concerned shall also permit the lessee to sublease the property
for profit during the term of the interim lease.''; and
(2) in paragraph (5)--
(A) in subparagraph (B), by striking out the first
sentence and inserting in lieu thereof the following:
``Notwithstanding subsection (b)(2), an interim lease
entered into under this subsection shall give the
lessee the first right to acquire the property at the
time of final disposal of the property. If there has
been more than one interim lessee with respect to the
property, the Secretary shall develop a mechanism to
select between competing lessees.''; and
(B) in subparagraph (C), by striking out
``Subparagraphs (A) and (B)'' and inserting in lieu
thereof ``Subparagraph (A)''.
(c) Lease Back Authority.--Section 2905(b)(4)(C) of the Defense
Base Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note) is amended--
(1) in clause (i)--
(A) by striking out the last sentence; and
(B) by adding at the end the following new
sentence: ``A component of the military department
having jurisdiction over the installation before
closure or realignment is not prohibited from entering
into a lease under this clause with respect to property
at that installation.'';
(2) in clause (ii), by adding at the end the following new
sentence: ``For purposes of the transfer of the real property
to the redevelopment authority and the subsequent lease back,
the valuation of the real property shall be deemed to be
zero.''; and
(3) by adding at the end the following new clause:
``(v) Subject to clause (iv), the Secretary shall give the
redevelopment authority the first right to acquire property subject to
a lease under clause (i) upon the termination or expiration of the
lease. If, before the lease is actually entered into, the department or
agency concerned determines that it does not require or desire the
property and no other department or agency of the Federal Government
seeks to become the lessee, the redevelopment authority shall have the
first right to acquire the property. Subparagraph (B) shall apply to a
transfer to the redevelopment authority under this clause.''.
(d) Authority to Contract for Certain Services.--
(1) 1990 Law.--Section 2905(b)(8) of the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note) is amended--
(A) in subparagraph (A)--
(i) by striking out ``local governments''
and inserting in lieu thereof ``local
governments and redevelopment authorities'';
and
(ii) by striking out ``by such
governments'';
(B) by striking out subparagraph (C) and inserting
in lieu thereof the following new subparagraph:
``(C) The Secretary may exercise the authority under subparagraph
(A) with respect to an installation at any time after the date on which
the installation is approved for closure under this part.''; and
(C) in subparagraph (D)--
(i) by striking out ``for services entered
into with a local government''; and
(ii) by striking out ``under the
jurisdiction of such government'' and inserting
in lieu thereof ``of the installation''.
(2) 1988 Law.--Section 204(b)(8) of the Defense
Authorization Amendments and Base Closure and Realignment Act
(Public Law 100-526; 10 U.S.C. 2687 note) is amended--
(A) in subparagraph (A)--
(i) by striking out ``local governments''
and inserting in lieu thereof ``local
governments and redevelopment authorities'';
and
(ii) by striking out ``by such
governments'';
(B) by striking out subparagraph (C) and inserting
in lieu thereof the following new subparagraph:
``(C) The Secretary may exercise the authority under subparagraph
(A) with respect to an installation at any time after the date on which
the installation is approved for closure under this title.''; and
(C) in subparagraph (D)--
(i) by striking out ``for services entered
into with a local government''; and
(ii) by striking out ``under the
jurisdiction of such government'' and inserting
in lieu thereof ``of the installation''. | Base Closure Reuse Reform Act of 1997 - Amends the Defense Base Closure and Realignment Act of 1990 and the Defense Authorization Amendments and Base Closure and Realignment Act to make inapplicable to the sale of real property at a closed military installation provisions of the Federal Property and Administrative Services Act of 1949 which are intended to prevent excess profits arising from the receipt of surplus Federal property.
Directs the Secretary of the military department concerned to permit the lessees of real and personal property located at a current or future closed military installation to make capital improvements to such property in order to facilitate its economic development. Sets forth conditions with respect to the cost and removal of such improvements upon lease expiration. Directs such Secretary to permit a lessee to sublet the property for profit during the term of an interim lease (a lease which runs before a final property disposal determination). Allows an interim lessee the first right to acquire the property at the time of its final disposal.
Approves the use of a lease with respect to property at a closed military installation that is transferred to the redevelopment authority of such installation. Directs the Secretary of Defense to give to such authority the first right to acquire such property upon lease termination or expiration.
Authorizes the Secretary to enter into an agreement for the provision by such authority of police, fire, airfield operation, and other community services at the military installation involved. | {"src": "billsum_train", "title": "Base Closure Reuse Reform Act of 1997"} | 1,484 | 304 | 0.620096 | 1.894746 | 0.776712 | 2.675373 | 4.80597 | 0.839552 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mothers' and Infants' Good Health
Act of 1995''.
SEC. 2. REQUIRED COVERAGE FOR CHILD BIRTH.
(a) In General.--A health plan that provides maternity benefits
that include benefits for child birth shall ensure that--
(1) in the case of delivery in a hospital or other
inpatient setting, coverage is provided for a minimum of 48
hours of inpatient care following a vaginal delivery and a
minimum of 96 hours of inpatient care following a caesarean
section for a mother and her newly born child in a health care
facility; and
(2) in the case of delivery in the home or other outpatient
setting, coverage for appropriate home health care in the
setting is provided for a minimum of 48 hours following
delivery.
(b) Terms of Coverage.--A health plan fails to provide coverage
required under subsection (a) if the plan imposes cost-sharing with
respect to care described in such subsection which varies depending on
the length of stay within the minimum period required under such
subsection.
(c) Prohibition.--In implementing the requirements of this section,
a health plan may not modify the terms and conditions of coverage based
on the determination by an enrollee to request less than the minimum
coverage required under subsection (a).
(d) Notice.--A health plan shall provide notice to each enrollee
under such plan regarding the coverage required by this section in
accordance with regulations promulgated by the Secretary of Health and
Human Services, in consultation with the National Association of
Insurance Commissioners. Such notice shall be in writing and
prominently positioned in any literature or correspondence made
available or distributed by the health plan and shall be transmitted--
(1) in the next mailing of general information made by the
plan to the enrollee,
(2) as part of the yearly informational packet sent to the
enrollee, or
(3) not later than January 1, 1996,
whichever is earliest.
(e) Enforcement.--
(1) Failure to provide coverage.--Any health plan that
violates the provisions of this section (other than subsection
(d)) shall be subject to a civil money penalty in an amount
determined by the Secretary of Health and Human Services.
(2) Failure to provide notice.--Any health plan that
violates the provisions of subsection (d) shall be subject to a
civil money penalty in an amount determined by the Secretary of
Health and Human Services.
(3) Process.--The provisions of section 1128A of the Social
Security Act (other than subsections (a) and (b)) shall apply
to civil money penalties under this subsection in the same
manner as they apply to a penalty or proceeding under section
1128A(a) of such Act.
(f) Health Plan.--
(1) In general.--As used in this section, the term ``health
plan'' means any plan or arrangement which provides, or pays
the cost of, health benefits.
(2) Exclusions.--Such term does not include the following,
or any combination thereof:
(A) Coverage only for accidental death or
dismemberment.
(B) Coverage providing wages or payments in lieu of
wages for any period during which the employee is
absent from work on account of sickness or injury.
(C) A medicare supplemental policy (as defined in
section 1882(g)(1) of the Social Security Act).
(D) Coverage issued as a supplement to liability
insurance.
(E) Worker's compensation or similar insurance.
(F) Automobile medical-payment insurance.
(G) A long-term care policy, including a nursing
home fixed indemnity policy (unless the Secretary
determines that such a policy provides sufficiently
comprehensive coverage of a benefit so that it should
be treated as a health plan).
(H) Such other plan or arrangement as the Secretary
of Health and Human Services determines is not a health
plan.
(3) Certain plans included.--Such term includes any plan or
arrangement not described in any subparagraph of paragraph (2)
which provides for benefit payments, on a periodic basis, for--
(A) a specified disease or illness, or
(B) period of hospitalization,
without regard to the costs incurred or services rendered
during the period to which the payments relate.
SEC. 3. EFFECTIVE DATE.
The provisions of section 2 shall apply to all health plans
offered, sold, issued, or renewed after the date of the enactment of
this Act. | Mothers' and Infants' Good Health Act of 1995 - Requires a health plan that provides maternity benefits that include benefits for child birth to provide coverage for a minimum amount of time following delivery in: (1) a health care facility; and (2) the home or other outpatient setting. Prohibits a health plan from modifying the terms and conditions of coverage, if an enrollee requests less than the minimum coverage required in this Act.
Requires a health plan to provide notice, as specified, to each enrollee regarding the coverage required in this Act.
Establishes civil penalties for failure to provide coverage and failure to provide notice. | {"src": "billsum_train", "title": "Mothers' and Infants' Good Health Act of 1995"} | 979 | 144 | 0.651437 | 1.650601 | 0.636269 | 2.959677 | 7.403226 | 0.927419 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Money Service Business Act of
2008''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Check cashers, money transmitters, and other legally
authorized and regulated money transmitting businesses (also
designated as money services businesses) provide a wide range
of necessary financial services and products to customers from
all walks of life, including the under-banked and urban
communities.
(2) Those services include domestic and international funds
transfers, check cashing, money order and traveler's check
sales, and electronic bill payments.
(3) Regulatory guidance issued by, and expectations of, the
Federal banking agencies and the Secretary of the Treasury urge
insured depository institutions to conduct reviews of money
services businesses' anti-money laundering compliance programs,
placing such depository institutions in the position of quasi-
regulators.
(4) Consequently, many insured depository institutions have
refused or closed money services businesses' accounts in order
either not to incur the burden, risk or potential liability for
undertaking a de facto regulatory function, or else to avoid
supervisory sanctions for not exercising such oversight.
(5) This trend endangers the existence of legitimate,
regulated money services businesses industry and the ability of
such businesses to deliver financial services and products.
(6) Loss of depository institution accounts by money
services businesses threatens to drive the customer
transactions of such businesses underground through unregulated
channels, including bulk cash smuggling or other means.
(7) It is critical to the interests of national security
that transparency of money services business transactions be
maintained by ensuring such businesses have a reasonable
process to demonstrate to insured depository institutions the
compliance by such businesses with anti-money laundering and
counter-terrorism financing obligations.
(8) Money services businesses are subject to Federal money
laundering and terrorist financing control programs and
reporting requirements as enforced by State and Federal
regulators, including the Secretary of the Treasury, which are
authorized to conduct compliance oversight and to impose
sanctions through licensing, registration or other powers.
(9) These State and Federal regulators have committed to
coordinate their supervision and enforcement of such money
services businesses obligations.
(10) Insured depository institutions and Federal banking
regulators should be able to rely on a regulatory process for
conducting oversight of money services businesses' compliance
with subchapter II of chapter 53 of title 31, United States
Code, as well as on a process of self-certification by
legitimate money services businesses that attest to such
compliance.
(11) Accordingly, to eliminate regulatory burden imposed on
insured depository institutions and promote access by money
services businesses to the banking system and to give full
recognition to Federal and State agency authority to supervise
and enforce money services businesses' compliance with anti-
money laundering and counter-terrorism financing obligations
and their implementing regulations, it is appropriate and
necessary to provide for the self-certification process
established pursuant to this Act.
SEC. 3. SELF-CERTIFICATION PROCESS FOR MONEY SERVICES BUSINESSES
ESTABLISHED.
(a) In General.--Section 5318(h) of title 31, United States Code,
is amended by adding at the end the following new paragraphs:
``(4) Money transmitting business accounts.--
``(A) In general.--A federally insured depository
institution that maintains an account for a money
transmitting business (as defined in section
5330(d)(1)) shall have no obligation to review the
compliance of that business, or any agent thereof, with
that business's or agent's obligations under this
section, if the institution has on file--
``(i) a certification submitted by the
money transmitting business that meets the
requirements of paragraph (5)(A); or
``(ii) in the case of an agent of a money
transmitting business--
``(I) the certification required
under paragraph (5)(B); and
``(II) a certification from the
business that the named agent is
authorized to act as the principal's
agent.
``(B) Penalties.--
``(i) Civil penalties.--A money
transmitting business or an agent of any such
business making a material misrepresentation in
a certification referred to in subparagraph (A)
shall be subject to the civil penalties
prescribed under section 5321 without regard to
whether such violation was willful.
``(ii) Criminal penalties.--A person who
knowingly makes a material misrepresentation in
a certification referred to in subparagraph (A)
shall be subject to penalties prescribed under
section 5322 without regard to whether such
violation was willful.
``(C) Rule of construction.--No provision of this
paragraph shall be construed as requiring any federally
insured depository institution to establish, maintain,
administer or manage an account for a money
transmitting business or an agent of any such business.
``(D) Reliance for insured depository
institutions.--A federally insured depository
institution shall have no liability under this chapter
for the failure of any money transmitting business or
an agent of any such business to comply with any
provision of this section and regulations prescribed
under any such provision.
``(E) Federally insured depository institution
defined.--The term `federally insured depository
institution' means any insured depository institution
(as defined in section 3 of the Federal Deposit
Insurance Act) and any insured credit union (as defined
in section 101(7) of the Federal Credit Union Act).
``(5) Paragraph (4) certification.--
``(A) Money transmitting business.--A certification
by a money transmitting business meets the requirement
of paragraph (4) if the money transmitting business
certifies as follows, to the satisfaction of the
Secretary:
``(i) The business is in compliance with
paragraph (1) and regulations prescribed by the
Secretary under such paragraph.
``(ii) The business maintains an anti-money
laundering program covering all of the
identified capacities through which the
business acts as a money transmitting business
that includes the components of the program
specified in subparagraphs (A) through (D) of
paragraph (1).
``(iii) The business is licensed or
registered as a money transmitting business by
each State--
``(I) within which the business
operates as a money transmitting
business; and
``(II) which requires such
licensing or registration.
``(iv) The business is registered with the
Secretary in accordance with section 5330, and
regulations prescribed under such section, and
remains in full compliance with such section
and regulations.
``(B) Agents of a money transmitting business.--A
certification by an agent of a money transmitting
business meets the requirement of paragraph (4) if the
agent certifies as follows, to the satisfaction of the
Secretary:
``(i) The agent is an agent of a money
transmitting business that meets the
requirements of clauses (i) through (iv) of
subparagraph (A).
``(ii) If applicable, the agent appears on
the list of agents of the money transmitting
business maintained by the business pursuant to
section 5330(c)(1).
``(iii) The agent--
``(I) operates as an agent for a
money transmitting business pursuant to
a written contract;
``(II) will act honestly and in
compliance with all applicable laws
when conducting any business as an
agent for a money transmitting
business; and
``(III) will immediately notify any
federally insured depository
institution to which the certification
is submitted of the occurrence of any
material change in the relationship of
the agent with the money transmitting
business, including termination or
suspension, or the institution of any
criminal or administrative proceeding
commenced against the agent.
``(iv) The agent is licensed or registered
as a money transmitting business, or as an
agent of such business, by any State--
``(I) within which the agent
operates as an agent of a money
transmitting business; and
``(II) which requires any such
licensing or registration.
``(v) The agent is not required to be
registered with the Secretary as a money
transmitting business pursuant to regulations
prescribed by the Secretary under section
5330(c)(2).''.
(b) Regulations.--The Secretary of the Treasury shall prescribe
such regulations as the Secretary determines to be appropriate to
implement the amendments made by subsection (a), in final form, before
the end of the 120-day period beginning on the date of the enactment of
this Act.
Passed the House of Representatives July 22, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | Money Service Business Act of 2008 -Amends federal law governing anti-money laundering programs to provide that an insured depository institution has no obligation to review the compliance with federal anti-money laundering requirements of a money transmitting business for whom it maintains an account if such institution has on file specified mandatory self-certifications submitted by the money transmitting business.
Sets forth civil and criminal penalties for violations of this Act without regard to whether such violations were willful.
Shields such institution from liability for the non-compliance of a money transmitting business and its agents with federal anti-money laundering requirements.
Prescribes requirements for self-certification by a money transmitting business that it is in compliance with federal anti-money laundering requirements (including its agents).
Directs the Secretary of the Treasury to prescribe implementing regulations. | {"src": "billsum_train", "title": "To amend section 5318 of title 31, United States Code, to eliminate regulatory burdens imposed on insured depository institutions and money services businesses and enhance the availability of transaction accounts at depository institutions for such business, and for other purposes."} | 1,876 | 181 | 0.558438 | 1.587791 | 0.815314 | 2.419355 | 11.567742 | 0.883871 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Employee Participation Incentive Act
of 1998''.
SEC. 2. MAXIMUM RATE OF INCOME TAX FOR C CORPORATIONS WITH SUBSTANTIAL
EMPLOYEE OWNERSHIP.
(a) In General.--Section 11 of the Internal Revenue Code of 1986
(relating to tax on corporations) is amended by redesignating
subsections (c) and (d) as subsections (d) and (e), respectively, and
by inserting after subsection (b) the following new subsection:
``(c) Maximum Rate of 30 Percent for Corporations with Substantial
Employee Ownership.--
``(1) In general.--Except as provided in subsection (b)(2),
the maximum rate of tax under subsection (b) shall be 30
percent with respect to any corporation if, with respect to
such corporation--
``(A) the employee voting percentage is at least 20
percent, and
``(B) the employee value percentage is at least 20
percent.
``(2) Definitions.--For purposes of this subsection--
``(A) Employee ownership percentage.--The term
`employee ownership percentage' means, with respect to
a corporation, the lesser of the employee voting
percentage or the employee value percentage.
``(B) Employee voting percentage.--The term
`employee voting percentage' means the percentage of
the total voting power of the stock of such corporation
which is held directly by employees of such
corporation.
``(C) Employee value percentage.--The term
`employee value percentage' means the percentage of the
total value of the stock of such corporation which is
held directly by employees of such corporation.
``(D) Stock.--The term `stock' has the meaning
given such term under section 1504.
``(3) Determination of ownership averages.--
``(A) In general.--The determination of the
employee voting percentage and the employee value
percentage shall be made on the last day of the taxable
year of the corporation.
``(B) Holdings of 5 percent shareholders and highly
compensated employees disregarded.--Each such
percentage shall be determined without regard the
holdings of any highly compensated employee (as defined
in section 414(q)). Notwithstanding the preceding
sentence, the holdings of 5-percent owners (as defined
in such section) shall be taken into account if the
corporation has ____ or fewer employees.
``(C) Controlled groups.--In the case of
corporations which are treated as a single employer
under section 52(a)--
``(i) such corporations shall be treated as
1 corporation for purposes of subparagraph (B),
and
``(ii) the Secretary shall prescribe
regulations--
``(I) for the application of this
subsection in the case of corporations
filing a consolidated return, and
``(II) to prevent the abuse of the
purposes of this subsection.''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1998.
SEC. 3. EXCLUSION FROM GROSS INCOME FOR COMPENSATION PAID IN STOCK BY
CERTAIN CORPORATIONS.
(a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to items specifically excluded
from gross income) is amended by redesignating section 139 as section
140 and by inserting after section 138 the following new section:
``SEC. 139. COMPENSATION PAID IN STOCK BY CERTAIN CORPORATIONS.
``(a) In General.--In the case of an employee of an eligible
corporation, gross income of such employee does not include
remuneration received in the form of stock of such corporation or of
any parent or subsidiary (within the meaning of section 422(b)) of such
corporation.
``(b) Limitation.--The amount excluded under subsection (a) from
the gross income of an employee for any taxable year shall not exceed
20 percent of the wages (as defined in section 3401(a) without regard
to paragraph (22)) which would (but for this section) be includible in
gross income for such year.
``(c) Eligible Corporation.--For purposes of this section, the term
`eligible corporation' means, with respect to any taxable year of an
employee, any corporation if--
``(1) the corporation offers to pay remuneration for
services performed during the calendar year in which or with
which such taxable year ends in the form of stock of such
corporation to at least 95 percent of such corporation's full-
time employees, and
``(2) at least 95 percent of the value of the stock which
is so offered during such calendar year is offered to employees
whose wages (as defined in section 3401(a)) are among the
bottom 75 percent of the employees when ranked on the basis of
such wages.
``(d) Basis.--The amount excluded from gross income under this
section shall not be taken into account in determining the basis of the
stock.''
(b) Exclusion From Withholding.--Subsection (a) of section 3401 of
such Code is amended by striking ``or'' at the end of paragraph (20),
by striking the period at the end of paragraph (21) and inserting ``;
or'', and by adding at the end the following new paragraph:
``(22) in the form of stock if at the time such stock is
paid it is reasonable to believe that the employee will be able
to exclude such stock from income under section 139.''
(c) Clerical Amendment.--The table of sections for such part III is
amended by striking the last item and inserting the following new
items:
``Sec. 139. Compensation paid in stock by
certain corporations.
``Sec. 140. Cross references to other
Acts.''
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 4. DEDUCTION ALLOWED TO ELIGIBLE CORPORATIONS AT TIME QUALIFIED
STOCK OPTION GRANTED.
(a) In General.--Subsection (a) of section 421 of the Internal
Revenue Code of 1986 (relating to general rules for certain stock
options) is amended by adding at the end the following flush sentence:
``Paragraph (2) shall not apply to options granted during any calendar
year for which the corporation is an eligible corporation (as defined
in section 139(c)).''
(b) Effective Date.--The amendment made by subsection (a) shall
apply to options granted after the date of the enactment of this Act. | Employee Participation Incentive Act of 1998 - Amends the Internal Revenue Code to: (1) establish a maximum tax rate of 30 percent for certain corporations with both an employee voting and value percentage of at least 20 percent; (2) provide an exclusion, of up to 20 percent of wages, from gross income for compensation paid in stock by certain corporations; and (3) permit a deduction to certain corporations when granting qualified stock options. | {"src": "billsum_train", "title": "Employee Participation Incentive Act of 1998"} | 1,549 | 90 | 0.591605 | 1.277128 | 0.809655 | 2.72093 | 15.593023 | 0.906977 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Insurance Data Protection Act''.
SEC. 2. REPEAL OF SUBPOENA AND ENFORCEMENT AUTHORITY.
Subsection (e) of section 313 of title 31, United States Code, is
amended by striking paragraph (6).
SEC. 3. CONFIDENTIALITY BY FEDERAL INSURANCE OFFICE.
Paragraph (5) of section 313(e) of title 31, United States Code, is
amended--
(1) in subparagraph (A), by inserting after ``Office'' the
following: ``and the sharing of any nonpublicly available data
with or by the Office among other Federal agencies, the State
insurance regulators and their collective agents, or any other
entities'';
(2) in subparagraph (C)(ii), by inserting ``any privilege
referred to in subparagraph (A) and'' after ``including''; and
(3) in subparagraph (D), by inserting ``including the
exceptions thereunder,'' after ``United States Code,''.
SEC. 4. LIMITATION ON SUBPOENAS BY THE OFFICE OF FINANCIAL RESEARCH.
Section 153(f)(1) of the Dodd-Frank Wall Street Reform and Consumer
Protection Act is amended by inserting after ``financial company,'' the
following: ``other than an insurance company (as defined under section
201(a)(13)),''.
SEC. 5. CONFIDENTIALITY BY FINANCIAL REGULATORS.
(a) In General.--Title I of the Dodd-Frank Wall Street Reform and
Consumer Protection Act is amended by inserting at the end the
following:
``Subtitle D--Treatment of Data Collected From Insurance Companies
``SEC. 181. TREATMENT OF DATA COLLECTED FROM INSURANCE COMPANIES BY
FINANCIAL REGULATORS.
``(a) Advance Coordination.--Before collecting any data or
information from a nonbank financial company that is an insurance
company pursuant to this title or title II, a financial regulator shall
coordinate with each relevant Federal agency and State insurance
regulator and any publicly available sources to determine if the
information to be collected is available from, and may be obtained in a
timely manner by, such Federal agency or State insurance regulator,
individually or collectively, other regulatory agency, or publicly
available sources. If the financial regulator determines that such data
or information is available, and may be obtained in a timely manner,
from such an agency, regulator, regulatory agency, or source, the
financial regulator shall obtain the data or information from such
agency, regulator, regulatory agency, or source. If the financial
regulator determines that such data or information is not so available,
the financial regulator may collect such data or information from an
insurance company only if the financial regulator complies with the
requirements of subchapter I of chapter 35 of title 44, United States
Code (relating to Federal information policy; commonly known as the
Paperwork Reduction Act), in collecting such data or information.
Notwithstanding any other provision of law, each such relevant Federal
agency and State insurance regulator or other Federal or State
regulatory agency is authorized to provide to the financial regulator
such data or information.
``(b) Confidentiality.--
``(1) Retention of privilege.--The sharing by a nonbank
financial company that is an insurance company of any
nonpublicly available data and information with a financial
regulator under this title or title II shall not constitute a
waiver of, or otherwise affect, any privilege arising under
Federal or State law (including the rules of any Federal or
State court) to which the data or information is otherwise
subject.
``(2) Continued application of prior confidentiality
agreements.--Any requirement under Federal or State law to the
extent otherwise applicable, or any requirement pursuant to a
written agreement in effect between the original source of any
nonpublicly available data or information and the source of
such data or information to the financial regulator, regarding
the privacy or confidentiality of any data or information in
the possession of the source to a financial regulator, shall
continue to apply to such data or information after the data or
information has been provided pursuant to this subsection to
the financial regulator.
``(3) Information-sharing agreement.--Any data or
information obtained by a financial regulator may be made
available to State insurance regulators, individually or
collectively, through an information-sharing agreement that--
``(A) shall comply with applicable Federal law; and
``(B) shall not constitute a waiver of, or
otherwise affect, any privilege under Federal or State
law (including any privilege referred to in paragraph
(1) and the rules of any Federal or State court) to
which the data or information is otherwise subject.
``(4) Agency disclosure requirements.--Section 552 of title
5, United States Code, including the exceptions thereunder,
shall apply to any data or information submitted to a financial
regulator by a nonbank financial company that is an insurance
company.
``(c) Definitions.--For purposes of this section:
``(1) Financial regulator.--The term `financial regulator'
means the Commission, the Commodity Futures Trading Commission,
the Council, the Federal banking agencies, and the Office of
Financial Research.
``(2) Insurance company.--The term `insurance company' has
the meaning given such term under section 201(a)(13).''.
(b) Technical Amendment.--The table of contents for such Act is
amended by inserting after the item relating to section 176 the
following:
``Subtitle D--Treatment of data collected from insurance companies
``Sec. 181. Treatment of Data Collected From Insurance Companies by
Financial Regulators.''. | Insurance Data Protection Act - Repeals the subpoena and enforcement powers of the Director of the Federal Insurance Office in the Department of the Treasury.
Declares that the sharing of any nonpublicly available data with or by the Office among other federal agencies, the state insurance regulators and their collective agents, or other entities does not affect any federal or state confidentiality privilege arising under federal or state law to which such data or information is otherwise subject.
Amends the Dodd-Frank Wall Street Reform and Consumer Protection Act to exempt an insurance company from the subpoena powers of the Director of the Office of Financial Research in the Treasury.
Prescribes the treatment of data collected by financial regulators from a nonbank financial company that is an insurance company, including confidentiality procedures and agency disclosure requirements. | {"src": "billsum_train", "title": "To prohibit the Federal Insurance Office of the Department of the Treasury and other financial regulators from collecting data directly from an insurance company."} | 1,294 | 173 | 0.649249 | 1.83621 | 0.701846 | 4.421769 | 7.782313 | 0.897959 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Fisheries Advisory
Committee Act''.
SEC. 2. AMERICAN FISHERIES ADVISORY COMMITTEE.
(a) Establishment.--Section 2 of the Act of August 11, 1939 (15
U.S.C. 713c-3), is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the end the
following:
``(e) American Fisheries Advisory Committee.--
``(1) Definitions.--In this subsection:
``(A) Committee.--The term `Committee' means the
American Fisheries Advisory Committee established under
paragraph (2).
``(B) Fishing community.--The term `fishing
community' means harvesters, marketers, growers,
processors, recreational fishermen, charter fishermen,
and persons providing them with goods and services.
``(C) Marketing and promotion.--The term `marketing
and promotion' means an activity aimed at encouraging
the consumption of seafood or expanding or maintaining
commercial markets for seafood.
``(D) Processor.--The term `processor' means any
person in the business of preparing or packaging
seafood (including seafood of the processor's own
harvesting) for sale.
``(E) Seafood.--The term `seafood' means farm-
raised and wild-caught fish, shellfish, or marine algae
harvested in the United States or by a United States
flagged vessel for human consumption.
``(2) Establishment.--Not later than 90 days after the date
of the enactment of the American Fisheries Advisory Committee
Act, the Secretary shall establish 6 regions within the
American Fisheries Advisory Committee as follows:
``(A) Region 1 shall consist of Alaska, Hawaii, the
Commonwealth of the Northern Mariana Islands, and the
Territories of Guam and American Samoa.
``(B) Region 2 shall consist of Maine, New
Hampshire, Massachusetts, Rhode Island, and
Connecticut.
``(C) Region 3 shall consist of Texas, Alabama,
Louisiana, Mississippi, Florida, Arkansas, Puerto Rico,
and the Territory of the Virgin Islands of the United
States.
``(D) Region 4 shall consist of California,
Washington, Oregon, and Idaho.
``(E) Region 5 shall consist of New Jersey, New
York, Delaware, Maryland, Virginia, North Carolina,
South Carolina, and Georgia.
``(F) Region 6 shall consist of Michigan,
Minnesota, Wisconsin, Illinois, Indiana, Ohio, and
Pennsylvania.
``(3) Membership.--The Committee shall be composed of the
following members:
``(A) Regional representation.--Each of the regions
listed in subparagraphs (A) through (F) of paragraph
(2) shall be represented on the Committee by 3
members--
``(i) who are appointed by the Secretary;
``(ii) who reside in a State or territory
in the region that the member will represent;
``(iii) of which--
``(I) one shall have experience as
a seafood harvester or processor;
``(II) one shall have experience as
recreational or commercial fisher or
have experience growing seafood; and
``(III) one shall be an individual
who represents the fisheries science
community or the relevant Regional
Fishery Management Council; and
``(iv) that are selected so that the
members of the Committee have experience or
expertise with as many seafood species as
practicable.
``(B) At-large members.--The Secretary shall
appoint to the Committee at-large members as follows:
``(i) One individual with experience in
food distribution, marketing, retail, or food
service.
``(ii) One individual with experience in
the recreational fishing industry supply chain,
such as fishermen, manufacturers, retailers,
and distributors.
``(iii) One individual with experience in
the commercial fishing industry supply chain,
such as fishermen, manufacturers, retailers,
and distributors.
``(iv) One individual who is an employee of
the National Marine Fisheries Service with
expertise in fisheries research.
``(C) Balanced representation.--In selecting the
members described in subparagraphs (A) and (B), the
Secretary shall seek to maximize on the Committee, to
the extent practicable, a balanced representation of
expertise in United States fisheries, seafood
production, and science.
``(4) Member terms.--The term for a member of the Committee
shall be 3 years, except that the Secretary shall designate
staggered terms for the members initially appointed to the
Committee.
``(5) Responsibilities.--The Committee shall be responsible
for--
``(A) identifying needs of the fishing community
that may be addressed by a project funded with a grant
under subsection (c);
``(B) developing the request for proposals for such
grants;
``(C) reviewing applications for such grants; and
``(D) selecting applications for approval under
subsection (c)(2)(B).
``(6) Chair.--The Committee shall elect a chair by a
majority of those voting, if a quorum is present.
``(7) Quorum.--A simple majority of members of the
Committee shall constitute a quorum, but a lesser number may
hold hearings.
``(8) Meetings.--
``(A) Frequency.--The Committee shall meet not more
than 2 times each year.
``(B) Location.--The meetings of the Committee
shall rotate between the geographic regions described
under paragraph (2).
``(C) Minimizing costs.--The Committee shall seek
to minimize the operational costs associated with
meetings, hearings, or other business of the Committee,
including through the use of video or teleconference.
``(9) Designation of staff member.--The Secretary shall
designate a staff member to coordinate the activities of the
Committee and to assist with administrative and other functions
as requested by the Committee.
``(10) Per diem and expenses and funding.--
``(A) In general.--A member of the Committee shall
serve without compensation, but shall be reimbursed in
accordance with section 5703 of title 5, United States
Code, for reasonable travel costs and expenses incurred
in performing duties as a member of the Committee.
``(B) Funding.--The costs of reimbursements under
subparagraph (A) and the other costs associated with
the Committee shall be paid from funds made available
to carry out this section (which may include funds
described in subsection (f)(1)(B)), except that no
funds allocated for grants under subsection (f)(1)(A)
shall be expended for any purpose under this
subsection.
``(11) Conflict of interest.--The conflict of interest and
recusal provisions set out in section 302(j) of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C.
1852(j)) shall apply to any decision by the Committee and to
all members of the Committee as if each member of the Committee
is an affected individual within the meaning of such section
302(j), except that in addition to the disclosure requirements
of section 302(j)(2)(C) of such Act (16 U.S.C. 1852(j)(2)(C)),
each member of the Committee shall disclose any financial
interest or relationship in an organization or with an
individual that is applying for a grant under subsection (c)
held by the member of the Committee, including an interest as
an officer, director, trustee, partner, employee, contractor,
agent, or other representative.
``(12) Technical review of applications.--
``(A) In general.--Prior to review of an
application for a grant under subsection (c) by the
Committee, the Secretary shall obtain an independent
written technical evaluation from 3 or more appropriate
Federal, private, or public sector experts (such as
industry, academia, or governmental experts) who--
``(i) have subject matter expertise to
determine the technical merit of the proposal
in the application;
``(ii) shall independently evaluate each
such proposal; and
``(iii) shall certify that the expert does
not have a conflict of interest concerning the
application that the expert is reviewing.
``(B) Guidance.--Not later than 180 days after the
date of enactment of the American Fisheries Advisory
Committee Act, the Secretary shall issue guidance
related to carrying out the technical evaluations under
subparagraph (A). Such guidance shall include criteria
for the elimination by the National Oceanic and
Atmospheric Administration of applications that fail to
meet a minimum level of technical merit as determined
by the review described in subparagraph (A).''.
(b) Role in Approval of Grants.--Section 2(c)(3) of the Act of
August 11, 1939 (15 U.S.C. 713c-3(c)(3)), is amended to read as
follows:
``(3)(A) No application for a grant under this subsection may be
approved unless the Secretary--
``(i) is satisfied that the applicant has the requisite
technical and financial capability to carry out the project;
and
``(ii) based on the recommendations of the American
Fisheries Advisory Committee established in subsection (e),
evaluates the proposed project as to--
``(I) soundness of design;
``(II) the possibilities of securing productive
results;
``(III) minimization of duplication with other
fisheries research and development projects;
``(IV) the organization and management of the
project;
``(V) methods proposed for monitoring and
evaluating the success or failure of the project; and
``(VI) such other criteria as the Secretary may
require.
``(B) If the Secretary fails to provide funds to a grant
selected by the American Fisheries Advisory Committee, the
Secretary shall provide a written document to the Committee
justifying the decision.''.
SEC. 3. EXPANSION OF SPECIFIED PURPOSES OF FISHERIES RESEARCH AND
DEVELOPMENT PROJECTS GRANTS PROGRAM TO INCLUDE FISHERIES
RESEARCH AND DEVELOPMENT PROJECTS.
Section 2(c)(1) of the Act of August 11, 1939 (15 U.S.C. 713c-
3(c)(1)) is amended by inserting fisheries science, recreational
fishing, before harvesting,.
SEC. 4. PUBLIC AVAILABILITY OF GRANTS PROPOSALS.
Section 2(c) of the Act of August 11, 1939 (15 U.S.C. 713c-3(c)),
is amended by adding at the end the following:
``(6) Any person awarded a grant under this subsection
shall make publicly available a title and abstract of the
project to be carried out by the grant funds that serves as the
public justification for funding the project that includes a
statement describing how the project serves to enhance United
States fisheries, including harvesting, processing, marketing,
and associated infrastructures, if applicable.''.
Passed the Senate August 22, 2018.
Attest:
JULIE E. ADAMS,
Secretary. | American Fisheries Advisory Committee Act This bill amends the Saltonstall-Kennedy Act to direct the National Oceanic and Atmospheric Administration (NOAA)to establish the American Fisheries Advisory Committee to advise on an existing grant program to address the needs of fishing communities, optimize economic benefits by building and maintaining sustainable fisheries, and increase opportunities to keep working waterfronts viable. NOAA must establish six regions within the committee.The committee must consist of members chosen regionally and across all sectors of the fishing industry.Additionally, the committee must: (1)identify the needs of the fishing industry, (2)develop grant proposals to fund projects that address the industry needs, (3)review grant applications, and (4)provide NOAA with grant applicants for approval. NOAA may not approve a grant application unlessthe application selected for funding meets the proposal criteria developed by the committee. | {"src": "billsum_train", "title": "American Fisheries Advisory Committee Act"} | 2,479 | 187 | 0.463211 | 1.264502 | 0.714063 | 1.418301 | 14.614379 | 0.712418 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Haiti Economic Recovery Opportunity
Act of 2004''.
SEC. 2. TRADE BENEFITS TO HAITI.
(a) In General.--The Caribbean Basin Economic Recovery Act (19
U.S.C. 2701 et seq.) is amended by inserting after section 213 the
following new section:
``SEC. 213A. SPECIAL RULE FOR HAITI.
``(a) In General.--In addition to any other preferential treatment
under this Act, beginning on October 1, 2003, and in each of the 7
succeeding 1-year periods, apparel articles described in subsection (b)
that are imported directly into the customs territory of the United
States from Haiti shall enter the United States free of duty, subject
to the limitations described in subsections (b) and (c), if Haiti has
satisfied the requirements and conditions set forth in subsections (d)
and (e).
``(b) Apparel Articles Described.--Apparel articles described in
this subsection are apparel articles that are wholly assembled or knit-
to-shape in Haiti from any combination of fabrics, fabric components,
components knit-to-shape, and yarns without regard to the country of
origin of the fabrics, components, or yarns.
``(c) Preferential Treatment.--The preferential treatment described
in subsection (a), shall be extended--
``(1) during the 12-month period beginning on October 1,
2003, to a quantity of apparel articles that is equal to 1.5
percent of the aggregate square meter equivalents of all
apparel articles imported into the United States during the 12-
month period beginning October 1, 2002; and
``(2) during the 12-month period beginning on October 1 of
each succeeding year, to a quantity of apparel articles that is
equal to the product of--
``(A) the percentage applicable during the previous
12-month period plus 0.5 percent (but not over 3.5
percent); and
``(B) the aggregate square meter equivalents of all
apparel articles imported into the United States during
the 12-month period that ends on September 30 of that
year.
``(d) Eligibility Requirements.--Haiti shall be eligible for
preferential treatment under this section if the President determines
and certifies to Congress that Haiti is meeting the conditions of
subsection (e) and that Haiti--
``(1) has established, or is making continual progress
toward establishing--
``(A) a market-based economy that protects private
property rights, incorporates an open rules-based
trading system, and minimizes government interference
in the economy through measures such as price controls,
subsidies, and government ownership of economic assets;
``(B) the rule of law, political pluralism, and the
right to due process, a fair trial, and equal
protection under the law;
``(C) the elimination of barriers to United States
trade and investment, including by--
``(i) the provision of national treatment
and measures to create an environment conducive
to domestic and foreign investment;
``(ii) the protection of intellectual
property; and
``(iii) the resolution of bilateral trade
and investment disputes;
``(D) economic policies to reduce poverty, increase
the availability of health care and educational
opportunities, expand physical infrastructure, promote
the development of private enterprise, and encourage
the formation of capital markets through microcredit or
other programs;
``(E) a system to combat corruption and bribery,
such as signing and implementing the Convention on
Combating Bribery of Foreign Public Officials in
International Business Transactions; and
``(F) protection of internationally recognized
worker rights, including the right of association, the
right to organize and bargain collectively, a
prohibition on the use of any form of forced or
compulsory labor, a minimum age for the employment of
children, and acceptable conditions of work with
respect to minimum wages, hours of work, and
occupational safety and health;
``(2) does not engage in activities that undermine United
States national security or foreign policy interests; and
``(3) does not engage in gross violations of
internationally recognized human rights or provide support for
acts of international terrorism and cooperates in international
efforts to eliminate human rights violations and terrorist
activities.
``(e) Conditions Regarding Enforcement of Circumvention.--
``(1) In general.--The preferential treatment under
subsection (b) shall not apply unless the President certifies
to Congress that Haiti is meeting the following conditions:
``(A) Haiti has adopted an effective visa system,
domestic laws, and enforcement procedures applicable to
articles described in subsection (b) to prevent
unlawful transshipment of the articles and the use of
counterfeit documents relating to the importation of
the articles into the United States.
``(B) Haiti has enacted legislation or promulgated
regulations that would permit the Bureau of Customs and
Border Protection verification teams to have the access
necessary to investigate thoroughly allegations of
transshipment through such country.
``(C) Haiti agrees to report, on a timely basis, at
the request of the Bureau of Customs and Border
Protection, on the total exports from and imports into
that country of articles described in subsection (b),
consistent with the manner in which the records are
kept by Haiti.
``(D) Haiti agrees to cooperate fully with the
United States to address and take action necessary to
prevent circumvention.
``(E) Haiti agrees to require all producers and
exporters of articles described in subsection (b) in
that country to maintain complete records of the
production and the export of the articles, including
materials used in the production, for at least 2 years
after the production or export (as the case may be).
``(F) Haiti agrees to report, on a timely basis, at
the request of the Bureau of Customs and Border
Protection, documentation establishing the country of
origin of articles described in subsection (b) as used
by that country in implementing an effective visa
system.
``(2) Definitions.--In this subsection:
``(A) Circumvention.--The term `circumvention'
means any action involving the provision of a false
declaration or false information for the purpose of, or
with the effect of, violating or evading existing
customs, country of origin labeling, or trade laws of
the United States or Haiti relating to imports of
textile and apparel goods, if such action results--
``(i) in the avoidance of tariffs, quotas,
embargoes, prohibitions, restrictions, trade
remedies, including antidumping or
countervailing duties, or safeguard measures;
or
``(ii) in obtaining preferential tariff
treatment.''.
``(B) Transshipment.--The term `transshipment' has
the meaning given such term under section
213(b)(2)(D)(iii).''.
(b) Effective Date.--
(1) In general.--The amendment made by subsection (a)
applies with respect to goods entered, or withdrawn from
warehouse for consumption, on or after October 1, 2003.
(2) Retroactive application to certain entries.--
Notwithstanding section 514 of the Tariff Act of 1930 (19
U.S.C. 1514) or any other provision of law, upon proper request
filed with the United States Customs Service before the 90th
day after the date of the enactment of this Act, any entry or
withdrawal from warehouse for consumption, of any goods
described in the amendment made by subsection (a)--
(A) that was made on or after October 1, 2003, and
before the date of the enactment of this Act, and
(B) with respect to which there would have been no
duty if the amendment made by subsection (a) applied to
such entry or withdrawal,
shall be liquidated or reliquidated as though such amendment
applied to such entry or withdrawal.
Passed the Senate July 16, 2004.
Attest:
Secretary.
108th CONGRESS
2d Session
S. 2261
_______________________________________________________________________
AN ACT
To expand certain preferential trade treatment for Haiti. | Haiti Economic Recovery Opportunity Act of 2004 - Amends the Caribbean Basin Economic Recovery Act to provide, beginning on October 1, 2003, and for each of the seven succeeding one-year periods, duty-free treatment for apparel items wholly assembled or knit-to-shape in Haiti (without regard to the country of origin of the fabrics, components, or yarns) if the President certifies to Congress that Haiti: (1) has established or is progressing toward specified political, economic, and social reforms; (2) does not engage in activities that undermine U.S. security or foreign policy; (3) does not engage in gross violations of human rights or activities in support of international terrorism; and (4) is meeting specified enforcement conditions aimed at preventing tariff or quota avoidance, customs evasion, unlawful transshipment, or false information or false document use in order to obtain such preferential treatment.
States that such preferential treatment shall be: (1) for the first year, 1.5 percent of the aggregate square meter equivalents of all apparel articles imported into the United States during the 12-month period beginning October 1, 2002; and (2) for each of the succeeding years, a quantity of apparel articles equal to the product of the percentage applicable during the previous 12-month period plus 0.5 percent (but not over 3.5 percent) and the aggregate square meter equivalents of all apparel articles imported into the United States during the 12-month period ending on September 30 of such year.
Applies such provisions to goods entered or withdrawn from a warehouse for consumption on or after October 1, 2003, including a retroactive application to certain warehouse entries or withdrawals made between such date and the date of enactment of this Act. | {"src": "billsum_train", "title": "A bill to expand certain preferential trade treatment for Haiti."} | 1,778 | 361 | 0.734194 | 2.468637 | 0.752986 | 4.423423 | 5.225225 | 0.927928 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Supporting
Colorectal Examination and Education Now Act of 2015'' or the ``SCREEN
Act of 2015''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Maintaining calendar year 2015 Medicare reimbursement rates for
colonoscopy procedures for providers
participating in colorectal cancer
screening quality improvement registry.
Sec. 4. Eliminating Medicare beneficiary cost-sharing for certain
colorectal cancer screenings, colorectal
cancer screenings with therapeutic effect,
and follow-up diagnostic colorectal cancer
screenings covered under Medicare.
Sec. 5. Medicare demonstration project to evaluate the effectiveness of
a pre-operative visit prior to screening
colonoscopy and hepatitis C screening.
Sec. 6. Budget neutrality.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Colorectal cancer is the second leading cause of cancer
death among men and women combined in the United States.
(2) In 2015, more than 130,000 Americans will be diagnosed
with colorectal cancer, and nearly 50,000 Americans are
expected to die from it.
(3) Approximately 60 percent of colorectal cancer cases and
70 percent of colorectal cancer deaths occur in those aged 65
and older.
(4) Colorectal cancer screening colonoscopies allow for the
detection and removal of polyps before they progress to
colorectal cancer, as well as early detection of colorectal
cancer when treatment can be most effective.
(5) According to a 2012 study published in the New England
Journal of Medicine, removing precancerous polyps through
colonoscopy could reduce the number of colorectal cancer deaths
by 53 percent.
(6) Although colorectal cancer is highly preventable with
appropriate screening, one in three adults between the ages of
50 and 75 years are not up to date with recommended colorectal
cancer screening.
(7) Over 200 organizations have committed to eliminating
colorectal cancer as a major health problem in the United
States and are working toward a shared goal of screening 80
percent of eligible Americans by 2018.
(8) Hepatitis C is a liver disease that causes inflammation
of the liver and results from infection with the Hepatitis C
virus. Chronic Hepatitis C infection can lead to serious health
problems, including liver damage, cirrhosis, and liver cancer.
It is the leading cause of liver transplants in the United
States.
(9) According to the Centers for Disease Control and
Prevention (CDC), more than 75 percent of adults infected with
the Hepatitis C virus in the United States were born between
1945 and 1965.
(10) The CDC estimates that up to 75 percent of individuals
with Hepatitis C do not know that they are infected.
(11) The CDC and the United States Preventive Services Task
Force (USPSTF) recommend a one-time screening for Hepatitis C
for all individuals born between 1945 and 1965.
(12) A recent study suggests that offering Hepatitis C
screening to patients in connection with screening
colonoscopies may be an effective means of increasing Hepatitis
C screening rates among individuals born between 1945 and 1965.
SEC. 3. MAINTAINING CALENDAR YEAR 2015 MEDICARE REIMBURSEMENT RATES FOR
COLONOSCOPY PROCEDURES FOR PROVIDERS PARTICIPATING IN
COLORECTAL CANCER SCREENING QUALITY IMPROVEMENT REGISTRY.
Section 1834(d)(3) of the Social Security Act (42 U.S.C.
1395m(d)(3)) is amended by adding at the end the following new
subparagraph:
``(F) Maintaining calendar year 2015 reimbursement
rates for qualifying cancer screening tests furnished
by qualifying providers.--
``(i) In general.--With respect to a
qualifying cancer screening test furnished
during each of 2016, 2017, and 2018, by a
qualifying provider, the amount of payment to
such provider for such test under section 1833
or section 1848 shall be equal to the amount of
payment for such test under such section 1833
or 1848 during 2015.
``(ii) Qualifying cancer screening test.--
For purposes of this subparagraph, the term
`qualifying cancer screening test' means an
optical screening colonoscopy (as described in
section 1861(pp)(1)(C)).
``(iii) Qualifying provider defined.--For
purposes of this subparagraph, the term
`qualifying provider' means, with respect to a
qualifying cancer screening test, an individual
or entity--
``(I) that is eligible for payment
for such test under section 1833 or
section 1848; and
``(II) that--
``(aa) participates in a
nationally recognized quality
improvement registry with
respect to such test; and
``(bb) demonstrates, to the
satisfaction of the Secretary,
based on the information in
such registry, that the tests
were provided by such
individual or entity in
accordance with accepted
outcomes-based quality
measures.''.
SEC. 4. ELIMINATING MEDICARE BENEFICIARY COST-SHARING FOR CERTAIN
COLORECTAL CANCER SCREENINGS, COLORECTAL CANCER
SCREENINGS WITH THERAPEUTIC EFFECT, AND FOLLOW-UP
DIAGNOSTIC COLORECTAL CANCER SCREENINGS COVERED UNDER
MEDICARE.
(a) Waiver of Cost-Sharing.--Section 1833(a)(1)(Y) of the Social
Security Act (42 U.S.C. 1395l(a)(1)(Y)) is amended by inserting ``,
including colorectal cancer screening tests covered under this part
described in section 1861(pp)(1)(C) (regardless of the code that is
billed for the establishment of a diagnosis as a result of the
screening test, for the removal of tissue or other matter during the
screening test, or for a follow-up procedure that is furnished in
connection with, or as a result of, the initial screening test)'' after
``or population''.
(b) Waiver of Application of Deductible.--Section 1833(b) of the
Social Security Act (42 U.S.C. 1395l(b)) is amended--
(1) in paragraph (1) of the first sentence, by striking
``individual.'' and inserting ``individual, including
colorectal cancer screening tests covered under this part
described in section 1861(pp)(1)(C)''; and
(2) by striking the last sentence and inserting the
following: ``Subsection (a)(1)(Y) and paragraph (1) of the
first sentence of this subsection shall apply with respect to a
colorectal cancer screening test covered under this part
described in section 1861(pp)(1)(C), regardless of the code
that is billed for the establishment of a diagnosis as a result
of the screening test, for the removal of tissue or other
matter during the screening test, or for a follow-up procedure
that is furnished in connection with, or as a result of, the
initial screening test.''
(c) Effective Date.--The amendments made by this section shall
apply to tests and procedures performed on or after January 1, 2016.
SEC. 5. MEDICARE DEMONSTRATION PROJECT TO EVALUATE THE EFFECTIVENESS OF
A PRE-OPERATIVE VISIT PRIOR TO SCREENING COLONOSCOPY AND
HEPATITIS C SCREENING.
Section 1115A(b)(2) of the Social Security Act (42 U.S.C.
1315a(b)(2)) is amended--
(1) in the last sentence of subparagraph (A), by inserting
``, and shall include the model described in subparagraph (D)''
before the period at the end; and
(2) by adding at the end the following new subparagraph:
``(D) Medicare demonstration project to evaluate
the effectiveness of a pre-operative visit prior to
screening colonoscopy and hepatitis c screening.--
``(i) In general.--The model described in
this subparagraph is a demonstration project
under title XVIII to evaluate the effectiveness
of a pre-operative visit with the provider
performing the procedure prior to screening
colonoscopy to--
``(I) ease any patient concern or
fears with respect to the procedure and
answer any questions relating to the
screening;
``(II) ensure quality examinations
and avoid unnecessary repeat
examinations by educating individuals
on the importance of following pre-
procedure instructions, such as bowel
preparation, and addressing the
individual's family history of or
predisposition to colorectal cancer;
and
``(III) increase Hepatitis C Virus
(HCV) screening rates among Medicare
beneficiaries by educating individuals
about the importance of such screening
during the pre-operative visit and
having the pre-operative visit fulfill
the referral requirement for such
screening under title XVIII, allowing
patients to be screened for colorectal
cancer and HCV at the same time.
``(ii) Consultation.--The Secretary shall
consult with stakeholders who would be
providing the pre-operative visit under the
model described in this subparagraph on the
implementation of such model, including payment
for services furnished under the model.''.
SEC. 6. BUDGET NEUTRALITY.
(a) Adjustment of Physician Fee Schedule Conversion Factor.--The
Secretary of Health and Human Services (in this section referred to as
the ``Secretary'') shall reduce the conversion factor established under
subsection (d) of section 1848 of the Social Security Act (42 U.S.C.
1395w-4) for each year (beginning with 2016) to the extent necessary to
reduce expenditures under such section for items and services furnished
during the year in the aggregate by the net offset amount determined
under subsection (c)(5) attributable to such section for the year.
(b) Adjustment of HOPD Conversion Factor.--The Secretary shall
reduce the conversion factor established under paragraph (3)(C) of
section 1833(t) of the Social Security Act (42 U.S.C. 1395l(t)) for
each year (beginning with 2016) to the extent necessary to reduce
expenditures under such section for items and services furnished during
the year in the aggregate by the net offset amount determined under
subsection (c)(5) attributable to such section for the year.
(c) Determinations Relating to Expenditures.--For purposes of this
section, before the beginning of each year (beginning with 2016) at the
time conversion factors described in subsections (a) and (b) are
established for the year, the Secretary shall determine--
(1) the amount of the gross additional expenditures under
title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.)
estimated to result from the implementation of sections 3 and 4
for items and services furnished during the year;
(2) the amount of any offsetting reductions in expenditures
under such title (such as reductions in payments for inpatient
hospital services) for such year attributable to the
implementation of such sections;
(3) the amount (if any) by which the amount of the gross
additional expenditures determined under paragraph (1) for the
year exceeds the amount of offsetting reductions determined
under paragraph (2) for the year;
(4) of the gross additional expenditures determined under
paragraph (1) for the year that are attributable to
expenditures under sections 1848 and 1833(t) of such Act, the
ratio of such expenditures that are attributable to each
respective section; and
(5) with respect to section 1848 and section 1833(t) of
such Act, a net offset amount for the year equal to the product
of--
(A) the amount of the net additional expenditures
for the year determined under paragraph (3); and
(B) the ratio determined under paragraph (4)
attributable to the respective section. | Supporting Colorectal Examination and Education Now Act of 2015 or the SCREEN Act of 2015 This bill amends title XVIII (Medicare) of the Social Security Act (SSAct) to maintain calendar year 2015 Medicare reimbursement rates for colonoscopy procedures for providers participating in colorectal cancer screening quality improvement registry. Medicare beneficiary cost-sharing is eliminated for colorectal cancer screening tests, for the removal of tissue or other matter during the screening test, or for a follow-up procedure. The Center for Medicare and Medicaid Innovation shall test a payment and service delivery model that is a demonstration project to evaluate the effectiveness of a pre-operative visit before screening colonoscopy and hepatitis C screening. The Secretary of Health and Human Services must reduce the physician fee schedule conversion factor and the hospital outpatient department conversion factor to the extent necessary to reduce expenditures for related items and services to achieve budget-neutral results. | {"src": "billsum_train", "title": "SCREEN Act of 2015"} | 2,711 | 202 | 0.582023 | 1.764587 | 1.009078 | 4.506024 | 13.777108 | 0.903614 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tribal HUD-VASH Act of 2017''.
SEC. 2. RENTAL ASSISTANCE FOR HOMELESS OR AT-RISK INDIAN VETERANS.
Section 8(o)(19) of the United States Housing Act of 1937 (42
U.S.C. 1437f(o)(19)) is amended by adding at the end the following:
``(D) Indian veterans housing rental assistance
program.--
``(i) Definitions.--In this subparagraph:
``(I) Eligible indian veteran.--The
term `eligible Indian veteran' means an
Indian veteran who is--
``(aa) homeless or at risk
of homelessness; and
``(bb) residing in or near
an Indian area.
``(II) Eligible recipient.--The
term `eligible recipient' means a
recipient eligible to receive a grant
under section 101 of the Native
American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C.
4111).
``(III) Indian.--The term `Indian'
has the meaning given the term in
section 4 of the Indian Self-
Determination and Education Assistance
Act (25 U.S.C. 5304).
``(IV) Indian area.--The term
`Indian area' has the meaning given the
term in section 4 of the Native
American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C.
4103).
``(V) Indian veteran.--The term
`Indian veteran' means an Indian who is
a veteran.
``(VI) Tribal organization.--The
term `tribal organization' has the
meaning given the term in section 4 of
the Indian Self-Determination and
Education Assistance Act (25 U.S.C.
5304).
``(ii) Program specifications.--The
Secretary shall use not less than 5 percent of
the amounts made available for rental
assistance under this subsection to carry out a
rental assistance and supported housing program
(in this subparagraph referred to as the
`Program'), in conjunction with the Secretary
of Veterans Affairs, for the benefit of
eligible Indian veterans.
``(iii) Model.--
``(I) In general.--Except as
provided in subclause (II), the
Secretary shall model the Program on
the rental assistance and supported
housing program authorized under
subparagraph (A) and applicable
appropriations Acts, including
administration in conjunction with the
Secretary of Veterans Affairs.
``(II) Exceptions.--
``(aa) Secretary of housing
and urban development.--After
consultation with Indian
tribes, eligible recipients,
and any other appropriate
tribal organizations, the
Secretary may make necessary
and appropriate modifications
to facilitate the use of the
Program by eligible recipients
to serve eligible Indian
veterans.
``(bb) Secretary of
veterans affairs.--After
consultation with Indian
tribes, eligible recipients,
and any other appropriate
tribal organizations, the
Secretary of Veterans Affairs
may make necessary and
appropriate modifications to
facilitate the use of the
Program by eligible recipients
to serve eligible Indian
veterans.
``(iv) Eligible recipients.--The Secretary
shall make amounts for rental assistance and
associated administrative costs under the
Program available to eligible recipients.
``(v) Funding criteria.--The Secretary
shall award rental assistance under the Program
based on--
``(I) need;
``(II) administrative capacity; and
``(III) any other funding criteria
established by the Secretary in a
notice published in the Federal
Register after consulting with the
Secretary of Veterans Affairs.
``(vi) Administration.--Rental assistance
made available under the Program shall be
administered in accordance with the Native
American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101 et
seq.), except that grantees shall--
``(I) submit to the Secretary, in a
manner prescribed by the Secretary,
reports on the utilization of rental
assistance provided under the Program;
and
``(II) provide to the Secretary
information specified by the Secretary
to assess the effectiveness of the
Program in serving eligible Indian
veterans.
``(vii) Consultation.--
``(I) Grant recipients; tribal
organizations.--The Secretary, in
coordination with the Secretary of
Veterans Affairs, shall consult with
eligible recipients and any other
appropriate tribal organization on the
design of the Program to ensure the
effective delivery of rental assistance
and supportive services to eligible
Indian veterans under the Program.
``(II) Indian health service.--The
Director of the Indian Health Service
shall provide any assistance requested
by the Secretary or the Secretary of
Veterans Affairs in carrying out the
Program.
``(viii) Waiver.--
``(I) In general.--Except as
provided in subclause (II), the
Secretary may waive or specify
alternative requirements for any
provision of law (including
regulations) that the Secretary
administers in connection with the use
of rental assistance made available
under the Program if the Secretary
finds that the waiver or alternative
requirement is necessary for the
effective delivery and administration
of rental assistance under the Program
to eligible Indian veterans.
``(II) Exception.--The Secretary
may not waive or specify alternative
requirements under subclause (I) for
any provision of law (including
regulations) relating to labor
standards or the environment.
``(ix) Reporting.--Every 5 years, the
Secretary, in coordination with the Secretary
of Veterans Affairs and the Director of the
Indian Health Service, shall--
``(I) conduct a review of the
implementation of the Program,
including any factors that may have
limited its success; and
``(II) submit a report describing
the results of the review under
subclause (I) to--
``(aa) the Committee on
Indian Affairs, the Committee
on Banking, Housing, and Urban
Affairs, the Committee on
Veterans' Affairs, and the
Committee on Appropriations of
the Senate; and
``(bb) the Subcommittee on
Indian, Insular and Alaska
Native Affairs of the Committee
on Natural Resources, the
Committee on Financial
Services, the Committee on
Veterans' Affairs, and the
Committee on Appropriations of
the House of
Representatives.''. | Tribal HUD-VASH Act of 2017 This bill amends the United States Housing Act of 1937 to direct the Department of Housing and Urban Development (HUD) to use at least 5% of the amounts made available for rental assistance under the low-income housing assistance program to carry out a rental assistance and supported housing program, in conjunction with the Department of Veterans Affairs, for the benefit of Indian veterans who are homeless or at risk of homelessness and residing in or near an Indian area. Rental assistance shall be: (1) made available to recipients eligible for housing assistance block grants under the Native American Housing Assistance and Self-Determination Act of 1996; and (2) awarded based on need, administrative capacity, and any other funding criteria established by HUD. | {"src": "billsum_train", "title": "Tribal HUD\u2013VASH Act of 2017"} | 1,393 | 156 | 0.659803 | 1.798372 | 0.683785 | 3.101351 | 8.675676 | 0.898649 |
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 L--PREKINDERGARTEN PROGRAMS
``SEC. 10995A. 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 more likely to increase their overall IQ, improve
their results on achievement tests, and increase their chances
of graduating from high school and pursuing some form of higher
education. These same children are less likely to repeat a
grade level and have less need for special education
instruction than those with no preschool background, thus
saving local educational agencies funds that might otherwise be
necessary to provide special education instruction.
``(3) Prekindergarten education makes an enormous
difference in the lives of children from lower-income families.
The following specific results were found for children eligible
for Head Start services or child care assistance, children who
belong to a single parent, 2-child families earning less than
$22,000 per year, or families of 4 earning less than $31,000
per year--
``(A) 29 percent of the children who attended
prekindergarten program were employed in jobs paying
over $2,000 by age 27, as opposed to 7 percent of those
from the same income group who did not receive
prekindergarten education.
``(B) Only 57 percent of the children who attended
a prekindergarten program grew up to become single
mothers, as opposed to 83 percent of the same income
group who did not attend a prekindergarten program.
``(C) 36 percent of the children who attended a
prekindergarten program grew up to own their own homes,
as opposed to only 13 percent of the same income group
who did not attend such a program.
``(D) Less than 13 percent of the boys in the group
who attended a prekindergarten program grew up to be
arrested 5 or more times, as opposed to 49 percent of
the boys from the same income group who did not attend
a prekindergarten program.
``SEC. 10995B. PROGRAM AUTHORIZED.
``(a) In General.--The Secretary is authorized to provide grants to
local educational agencies with an approved application under section
10995C to allow such agencies to establish or expand prekindergarten
early learning programs to be operated by the local education agency.
``(b) Priority.--The Secretary shall give priority for grants under
this part to local educational agencies with the highest population of
children, ages 3 to 5, not enrolled in a prekindergarten or
kindergarten program.
``SEC. 10995C. APPLICATIONS.
``(a) In General.--A local educational agency that desires to
receive a grant under this part shall submit an application to the
Secretary at such time, in such manner, and containing such information
as the Secretary may reasonably require.
``(b) Content.--An application referred to in subsection (a), at a
minimum, shall--
``(1) demonstrate a need for the establishment or expansion
of a prekindergarten program;
``(2) provide an assurance that each individual hired to
work with children in the prekindergarten program is a teacher
or child development specialist certified by the State;
``(3) provide an assurance that the ratio of teacher or
child development specialist to children shall not exceed 10-1;
``(4) provide an assurance that the local educational
agency will provide, either directly or through private
contributions, non-Federal matching funds equal to not less
than 50 percent of the amount of the grant award, these
contributions shall include in kind contributions and parental
co-payments;
``(5) provide an assurance that the local educational
agency will develop a sliding fee schedule to ensure that the
parents of a child who attends a prekindergarten program
established under this part share in the cost of providing the
prekindergarten program, but the amount of such contribution
shall not exceed $50 each week that a child attends such
program;
``(6) provide a description of how funds will be used to
coordinate with and build on, but not duplicate or supplant,
early childhood programs that exist in the community;
``(7) describe how the agency 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 prekindergarten programs;
``(8) describe how the agency will coordinate with and
expand, but not duplicate or supplant, early childhood programs
that exist in the community;
``(9) review scientifically based research on early
childhood education services that focus on language, literacy,
and reading development;
``(10) 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 who have special
needs;
``(11) describe how to employ methods that ensure a smooth
transition for participating students from early childhood
education to kindergarten and early elementary education;
``(12) describe the results the programs are intended to
achieve, and what tools to use to measure the progress in
attaining those results;
``(13) describe a plan to operate the program without using
funds made available under this part; and
``(14) 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. 10995D. USES OF FUNDS.
``(a) In General.--A local educational agency that receives a grant
award under this part may use funds received to establish or expand
prekindergarten programs for children, ages 3 through 5, who are not
enrolled in kindergarten.
``(b) Prekindergarten Programs.--Each prekindergarten program that
is established pursuant to this part shall--
``(1) focus on the developmental needs of participating
children, including their social, cognitive, and language-
development needs, and use research-based approaches that build
on competencies that lead to school success, particularly in
language and literacy development and in reading; and
``(2) ensure that participating children, at a minimum--
``(A) understand and use language to communicate
for various purposes;
``(B) understand and use increasingly complex and
varied vocabulary;
``(C) develop and demonstrate an appreciation of
books;
``(D) develop phonemic, print, and numeracy
awareness; and
``(E) in the case of children with limited English
proficiency, progress toward acquisition of the English
language.
``SEC. 10995E. REPORTING.
``(a) Local Reports.--Each local educational agency that receives a
grant award under this part shall submit to the Secretary annually a
report that reviews the effectiveness of the prekindergarten program
established with funds provided under this part.
``(b) Report to Congress.--The Secretary shall submit to Congress
annually a report that evaluates the prekindergarten programs
established under this part.
``SEC. 10995F. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
$210,000,000 for fiscal year 2001, $210,000,000 for fiscal year 2002,
$1,000,000,000 for fiscal year 2003, $1,500,000,000 for fiscal year
2004, and $2,100,000,000 for fiscal year 2005.''. | Authorizes the Secretary of Education to provide grants to applicant local educational agencies to establish or expand prekindergarten early learning programs, which meet specified requirements, for three-, four-, and five-year old children.
Authorizes appropriations. | {"src": "billsum_train", "title": "To provide grants to local educational agencies to establish or expand prekindergarten programs for children who are not yet enrolled in kindergarten."} | 1,646 | 53 | 0.448434 | 1.121563 | 0.027756 | 1.837209 | 36.837209 | 0.767442 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Civil War Sesquicentennial
Commission Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to establish a Civil War
Sesquicentennial Commemoration Commission to--
(1) ensure a suitable national observance of the
sesquicentennial of the Civil War that includes recognition of
the historic, social, legal, cultural, and political forces
that--
(A) brought about the Civil War; and
(B) influenced the course and outcomes of the Civil
War;
(2) explore the causes of the Civil War to gain a better
understanding of the reasons that the democratic framework of
the United States failed to resolve the sectional issues
without resorting to war;
(3) fully examine and reflect on the consequences of the
Civil War, which Congress directed the National Park Service to
address in National Park Service programs and materials
beginning in 1999, including consequences such as--
(A) the Reconstruction era and the aftermath of
that era;
(B) the economic devastation of the entire South as
a result of long-term post-war policies;
(C) the concomitant constriction of equal rights
for African-American citizens; and
(D) the ultimate economic recovery of the region
and the extension of civil rights for the descendants
of enslaved peoples almost a century later;
(4) assist States and national organizations with programs
and activities for the observance of the sesquicentennial of
the Civil War;
(5) assist in ensuring that any observance of the
sesquicentennial of the Civil War is inclusive and
appropriately recognizes the experiences and points of view of
all people affected by the Civil War; and
(6) provide assistance for the development of programs,
projects, and activities on the Civil War that have lasting
educational and preservation value.
SEC. 3. CIVIL WAR SESQUICENTENNIAL COMMEMORATION COMMISSION.
The Secretary of the Interior shall establish a commission to be
known as the Civil War Sesquicentennial Commemoration Commission
(referred to in this Act as the ``Commission'').
SEC. 4. COMPOSITION OF THE COMMISSION.
(a) In General.--The Commission shall be composed of 25 members as
follows:
(1) Government members.--The Commission shall include--
(A) 2 Members of the Senate appointed by the
President pro tempore of the Senate, in consultation
with the majority leader and the minority leader of the
Senate;
(B) 2 Members of the House of Representatives
appointed by the Speaker of the House of
Representatives, in consultation with the minority
leader of the House of Representatives;
(C) the Secretary of the Interior or the designee
of the Secretary;
(D) the Secretary of the Smithsonian Institution,
or the designee of the Secretary;
(E) the Secretary of Education, or the designee of
the Secretary;
(F) the Secretary of Defense, or the designee of
the Secretary;
(G) the Chairman of the National Endowment for the
Humanities, or the designee of the Chairman;
(H) the Chairman of the National Endowment for the
Arts, or the designee of the Chairman;
(I) the Archivist of the United States, or the
designee of the Archivist;
(J) the Librarian of Congress, or the designee of
the Librarian; and
(K) the Director of the National Park Service, or
the designee of the Director.
(2) Private members.--The Commission shall include--
(A) 3 members appointed by the President from among
individuals who are representative of the corporate
community and nonprofit community; and
(B) 9 individuals, appointed by the President, from
among persons who by reason of education, training, and
experience, are experts on the Antebellum, Civil War,
and Reconstruction eras and the preservation,
interpretation, and presentation of those eras to the
public, including--
(i) 5 individuals with expertise in history
or related academic disciplines germane to the
Civil War, including--
(I) individuals representing the
museum community, in particular history
museums and historical societies, such
as the National Civil War Museum;
(II) individuals with expertise in
art history, historic preservation, or
a related field;
(III) individuals with expertise in
anthropology, cultural geography,
sociology, or a related field; and
(IV) individuals with expertise in
political science, law, economics, or a
related field;
(ii) 1 individual with expertise in the
preservation of Civil War historic sites and
battlefields; and
(iii) 3 individuals representing State
Civil War sesquicentennial efforts.
(b) Terms.--
(1) Government members.--If any member of the Commission
who was appointed as an officer under subsection (a)(1) leaves
that office, the member may continue as a member of the
Commission for not longer than the 30-day period beginning on
the date on which the member leaves the office.
(2) Private members.--Private members appointed under
subsection (a)(2) shall be appointed for the life of the
Commission.
(c) Vacancies.--Any vacancy in the Commission shall not affect its
powers, and shall be filled in the same manner as the original
appointment.
(d) Initial Appointments.--The appointment of the members of the
Commission shall be made not later than 60 days after the date of
enactment of this Act.
SEC. 5. GENERAL PROVISIONS.
(a) Meetings.--
(1) Initial meeting.--Not later than 60 days after the date
on which all members of the Commission have been appointed, the
members appointed under subparagraphs (A) and (B) of section
4(a)(2) shall call the first meeting of the Commission.
(2) Subsequent meetings.--The Commission shall hold
subsequent meetings at the call of the chairperson.
(b) Chairperson and Vice Chairperson.--At the initial meeting, the
Commission shall elect a Chairperson and Vice Chairperson from among
its voting members.
(c) Quorum.--A majority of voting members shall constitute a
quorum, but a lesser number may hold meetings.
(d) Voting.--
(1) In general.--The Commission shall act only on an
affirmative vote of a majority of the voting members of the
Commission.
(2) Nonvoting members.--The individuals appointed under
subparagraphs (A) and (B) of section 4(a)(1) shall be nonvoting
members, and shall serve only in an advisory capacity.
SEC. 6. DUTIES OF THE COMMISSION.
(a) Activities Related to the Sesquicentennial.--The Commission
shall--
(1) plan, develop, and carry out programs and activities
appropriate to commemorate the sesquicentennial of the Civil
War, including activities in recognition of the historic,
social, legal, cultural, and political forces that--
(A) caused the Civil War; and
(B) influenced the course and outcomes of the Civil
War;
(2) encourage interdisciplinary examination of the Civil
War;
(3) facilitate and promote Civil War-related activities
throughout the United States;
(4) encourage civic, historical, educational, economic,
preservation, and other organizations throughout the United
States to organize and participate in activities to expand the
understanding and appreciation of the significance of the Civil
War;
(5) coordinate and facilitate the public distribution of
scholarly research, publications, and interpretations of the
Civil War through institutions such as the Virginia Center for
Digital History at the University of Virginia, the Valley of
the Shadow, Center for Study of the American South at the
University of North Carolina, and the Center for the Study of
Southern Culture at the University of Mississippi;
(6) coordinate with, and provide technical assistance to,
States, units of local government, and nonprofit organizations
(including State and local sesquicentennial commemoration
entities) to further the commemoration of the sesquicentennial
of the Civil War;
(7) coordinate and facilitate commemoration activities of
Federal agencies relating to the sesquicentennial of the Civil
War;
(8) develop programs and facilities to ensure that the
sesquicentennial commemoration of the Civil War results in a
positive legacy and long-term public benefit;
(9) encourage and facilitate the preservation of Civil War-
related historic sites and battlefields as a lasting legacy of
the sesquicentennial commemoration;
(10) plan, develop, and carry out programs and activities
to use funds raised from individuals, foundations, and
corporations for sesquicentennial activities at the national
level;
(11) at the election of the Commission, provide funds to
State and local programs to carry out activities that advance
the goals of the Commission; and
(12) encourage the development and conduct of programs
designed to involve the international community in activities
that commemorate the Civil War.
(b) Plans and Report.--
(1) Strategic plan and annual performance plans.--The
Commission shall prepare a strategic plan in accordance with
section 306 of title 5, United States Code, and annual
performance plans in accordance with section 1115 of title 31,
United States Code, for the activities of the Commission
carried out under this Act.
(2) Reports.--
(A) Annual report.--The Commission shall submit to
Congress an annual report that contains a list of each
gift, bequest, or devise with a value of more than
$250, together with the identity of the donor of each
such gift, bequest, or devise.
(B) Final report.--Not later than December 30,
2015, the Commission shall submit to Congress a final
report that contains--
(i) a summary of activities of the
Commission;
(ii) a final accounting of funds received
and expended by the Commission; and
(iii) the findings and recommendations of
the Commission.
SEC. 7. GRANT PROGRAM.
(a) Grants Authorized.--The National Endowment for the Humanities
shall award grants under this section for the uses described in
subsection (b).
(b) Use of Grants.--Grants awarded under this section shall be used
for appropriate activities relating to the sesquicentennial of the
Civil War.
(c) Consideration.--In awarding grants under this section, the
National Endowment of the Humanities shall consider and give priority
to programs carried out by institutions of higher education, museums,
nonprofit organizations, professional associations, or State
sesquicentennial commissions with a national scope that support the
duties of the Commission described in section 6, including programs
that concentrate on the role of African Americans in the Civil War.
SEC. 8. POWERS OF THE COMMISSION.
The Commission may--
(1) solicit, accept, use, and dispose of gifts, bequests,
or devises of money or other real or personal property for the
purpose of aiding or facilitating the work of the Commission;
(2) appoint any advisory committee as the Commission
considers appropriate for the purposes of this Act;
(3) authorize any voting member or employee of the
Commission to take any action that the Commission is authorized
to take under this Act;
(4) procure supplies, services, and property, and make or
enter into contracts, leases, or other legal agreements to
carry out this Act (except that any contracts, leases, or other
legal agreements entered into by the Commission shall not
extend beyond the date of the termination of the Commission);
(5) use the United States mails in the same manner and
under the same conditions as other Federal agencies; and
(6) establish a foundation that is independent from, but
affiliated with, the Commission to support, as the Commission
determines to be necessary, the efforts of the Commission.
SEC. 9. PERSONNEL MATTERS.
(a) Compensation of Members.--Members of the Commission, and
members of any advisory committee appointed under section 8(2), shall
serve without compensation.
(b) Travel Expenses.--Members of the Commission, and members of any
advisory committees appointed under section 8(2), shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for an employee of an agency under subchapter I of chapter
57 of title 5, United States Code, while away from the home or regular
place of business of the member in the performance of the duties of the
Commission.
(c) Staff.--
(1) In general.--The Chairperson of the Commission may,
without regard to civil service laws (including regulations),
appoint and terminate an executive director and such other
additional personnel as are necessary to enable the Commission
to perform the duties of the Commission.
(2) Confirmation of executive director.--The employment of
an executive director shall be subject to confirmation by the
Commission.
(3) Compensation.--
(A) In general.--Except as provided in subparagraph
(B), the Chairperson of the Commission may fix the
compensation of the executive director and other
personnel without regard to the provisions of chapter
51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification of positions
and General Schedule pay rates.
(B) Maximum rate of pay.--The rate of pay for the
executive director and other personnel shall not exceed
the rate payable for level V of the Executive Schedule
under section 5316 of title 5, United States Code.
(d) Detail of Government Employees.--
(1) In general.--At the request of the Commission, the head
of any Federal agency may detail, on a reimbursable or
nonreimbursable basis, any of the personnel of the agency to
the Commission to assist the Commission in carrying out the
duties of the Commission under this Act.
(2) Civil service status.--The detail of an employee under
paragraph (1) shall be without interruption or loss of civil
service status or privilege.
(e) Volunteer and Uncompensated Services.--Notwithstanding section
1342 of title 31, United States Code, the Commission may accept and use
voluntary and uncompensated services as the Commission determines
necessary.
(f) Support Services.--The Director of the National Park Service
shall provide to the Commission, on a reimbursable basis, such
administrative support services as the Commission may request.
(g) Procurement of Temporary and Intermittent Services.--The
Chairperson of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at daily
rates for individuals which do not exceed the daily equivalent of the
annual rate of basic pay prescribed for level V of the Executive
Schedule under section 5316 of that title.
(h) FACA Nonapplicability.--Section 14(b) of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Commission.
(i) Termination.--The Commission shall terminate on the date that
is 90 days after the date on which the Commission submits its report
under section 6(b)(2).
SEC. 10. AUDIT OF COMMISSION.
The Inspector General of the Department of the Interior shall
perform an annual audit of the Commission and shall make the results of
the audit available to the public.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act (other than section 7) $500,000 for each of fiscal years
2012 through 2016.
(b) Grants.--There is authorized to be appropriated $3,500,000 to
the National Endowment for the Humanities to provide grants under
section 7, to remain available until expended. | Civil War Sesquicentennial Commission Act - Directs the Secretary of the Interior to establish a Civil War Sesquicentennial Commemoration Commission to plan, develop, and carry out programs and activities appropriate to commemorate the sesquicentennial of the Civil War, and to carry out other specified duties.
Directs the National Endowment for the Humanities to award grants for appropriate activities relating to the Civil War sesquicentennial, and to consider and give priority to programs carried out by institutions of higher education, museums, nonprofit organizations, professional associations, or state sesquicentennial commissions that support the duties of the Commission, including those that concentrate on the role of African Americans in the Civil War. | {"src": "billsum_train", "title": "A bill to establish a commission to commemorate the sesquicentennial of the American Civil War."} | 3,365 | 155 | 0.641047 | 1.771676 | 0.832604 | 6.487603 | 25.727273 | 0.966942 |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Coverdell
Education Savings Accounts Act of 2001''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
SEC. 2. MODIFICATIONS TO EDUCATION INDIVIDUAL RETIREMENT ACCOUNTS.
(a) Tax-Free Expenditures for Elementary and Secondary School
Expenses.--
(1) In general.--Section 530(b)(2) (defining qualified
higher education expenses) is amended to read as follows:
``(2) Qualified education expenses.--
``(A) In general.--The term `qualified education
expenses' means--
``(i) qualified higher education expenses
(as defined in section 529(e)(3)), and
``(ii) qualified elementary and secondary
education expenses (as defined in paragraph
(4)).
``(B) Qualified state tuition programs.--Such term
shall include any contribution to a qualified State
tuition program (as defined in section 529(b)) on
behalf of the designated beneficiary (as defined in
section 529(e)(1)); but there shall be no increase in
the investment in the contract for purposes of applying
section 72 by reason of any portion of such
contribution which is not includible in gross income by
reason of subsection (d)(2).''.
(2) Qualified elementary and secondary education
expenses.--Section 530(b) (relating to definitions and special
rules) is amended by adding at the end the following new
paragraph:
``(4) Qualified elementary and secondary education
expenses.--
``(A) In general.--The term `qualified elementary
and secondary education expenses' means--
``(i) expenses for tuition, fees, academic
tutoring, special needs services, books,
supplies, computer equipment (including related
software and services), and other equipment
which are incurred in connection with the
enrollment or attendance of the designated
beneficiary of the trust as an elementary or
secondary school student at a public, private,
or religious school, and
``(ii) expenses for room and board,
uniforms, transportation, and supplementary
items and services (including extended day
programs) which are required or provided by a
public, private, or religious school in
connection with such enrollment or attendance.
``(B) School.--The term `school' means any school
which provides elementary education or secondary
education (kindergarten through grade 12), as
determined under State law.''.
(3) Conforming amendments.--Section 530 is amended--
(A) by striking ``higher'' each place it appears in
subsections (b)(1) and (d)(2), and
(B) by striking ``higher'' in the heading for
subsection (d)(2).
(b) Maximum Annual Contributions.--
(1) In general.--Section 530(b)(1)(A)(iii) (defining
education individual retirement account) is amended by striking
``$500'' and inserting ``the applicable dollar amount for the
calendar year in which such taxable year begins''.
(2) Applicable dollar amount.--Section 530(b) is amended by
adding at the end the following new paragraph:
``(4) Applicable dollar amount.--
``(A) In general.--For purposes of paragraph
(1)(A)(iii), the applicable dollar amount is $2,000.
``(B) Inflation adjustment.--
``(i) In general.--In the case of any
taxable year beginning after 2002, the dollar
amount referred to in subparagraph (A) shall be
increased by an amount equal to--
``(I) such dollar amount,
multiplied by
``(II) the cost-of-living
adjustment determined under section
(1)(f)(3) for the calendar year in
which the taxable year begins, by
substituting `2001' for `1992'.
``(ii) Rounding.--If any amount as adjusted
under clause (i) is not a multiple of $50, such
amount shall be rounded to the nearest multiple
of $50.''.
(3) Conforming amendment.--Section 4973(e)(1)(A) is amended
by striking ``$500'' and inserting ``the applicable dollar
amount for the calendar year in which such taxable year
begins''.
(4) Elimination of the marriage penalty in the reduction in
permitted contributions.--Section 530(c)(1) (relating to
reduction in permitted contributions based on adjusted gross
income) is amended--
(A) by striking ``$150,000'' in subparagraph
(A)(ii) and inserting ``$190,000'', and
(B) by striking ``$10,000'' in subparagraph (B) and
inserting ``$30,000''.
(c) Waiver of Age Limitations for Children With Special Needs.--
Section 530(b)(1) (defining education individual retirement account) is
amended by adding at the end the following flush sentence:
``The age limitations in subparagraphs (A)(ii) and (E) and
paragraphs (5) and (6) of subsection (d) shall not apply to any
designated beneficiary with special needs (as determined under
regulations prescribed by the Secretary).''.
(d) Entities Permitted To Contribute to Accounts.--Section
530(c)(1) (relating to reduction in permitted contributions based on
adjusted gross income) is amended by striking ``The maximum amount
which a contributor'' and inserting ``In the case of a contributor who
is an individual, the maximum amount the contributor''.
(e) Time When Contributions Deemed Made.--
(1) In general.--Section 530(b) (relating to definitions
and special rules), as amended by subsection (b)(2), is amended
by adding at the end the following new paragraph:
``(5) Time when contributions deemed made.--An individual
shall be deemed to have made a contribution to an education
individual retirement account on the last day of the preceding
taxable year if the contribution is made on account of such
taxable year and is made not later than the time prescribed by
law for filing the return for such taxable year (not including
extensions thereof).''.
(2) Extension of time to return excess contributions.--
Subparagraph (C) of section 530(d)(4) (relating to additional
tax for distributions not used for educational expenses) is
amended--
(A) by striking clause (i) and inserting the
following new clause:
``(i) such distribution is made before the
1st day of the 6th month of the taxable year
following the taxable year, and'', and
(B) by striking ``due date of return'' in the
heading and inserting ``certain date''.
(f) Coordination With Hope and Lifetime Learning Credits and
Qualified Tuition Programs.--
(1) In general.--Section 530(d)(2)(C) is amended to read as
follows:
``(C) Coordination with hope and lifetime learning
credits and qualified tuition programs.--For purposes
of subparagraph (A).
``(i) Credit coordination.--The total
amount of qualified higher education expenses
with respect to an individual for the taxable
year shall be reduced--
``(I) as provided in section
25A(g)(2), and
``(II) by the amount of such
expenses which were taken into account
in determining the credit allowed to
the taxpayer or any other person under
section 25A.
``(ii) Coordination with qualified tuition
programs.--If, with respect to an individual
for any taxable year--
``(I) the aggregate distributions
during such year to which subparagraph
(A) and section 529(c)(3)(B) apply,
exceed
``(II) the total amount of
qualified higher education expenses
(after the application of clause (i))
for such year,
the taxpayer shall allocate such expenses among
such distributions for purposes of determining
the amount of the exclusion under subparagraph
(A) and section 529(c)(3)(B).''.
(2) Conforming amendments.--
(A) Subsection (e) of section 25A is amended to
read as follows:
``(e) Election Not To Have Section Apply.--A taxpayer may elect not
to have this section apply with respect to the qualified tuition and
related expenses of an individual for any taxable year.''.
(B) Section 135(d)(2)(A) is amended by striking
``allowable'' and inserting ``allowed''.
(C) Section 530(d)(2)(D) is amended--
(i) by striking ``or credit'', and
(ii) by striking ``credit or'' in the
heading.
(D) Section 4973(e)(1) is amended by adding ``and''
at the end of subparagraph (A), by striking
subparagraph (B), and by redesignating subparagraph (C)
as subparagraph (B).
(g) Renaming Education Individual Retirement Accounts as Coverdell
Education Savings Accounts.--
(1) In general.--
(A) Section 530 (as amended by the preceding
provisions of this section) is amended by striking ``an
education individual retirement account'' each place it
appears and inserting ``a Coverdell education savings
account''.
(B) The heading for paragraph (1) of section 530(b)
is amended by striking ``Education individual
retirement account'' and inserting ``Coverdell
education savings account''.
(C) The heading for section 530 is amended to read
as follows:
``SEC. 530. COVERDELL EDUCATION SAVINGS ACCOUNTS.''.
(D) The item in the table of contents for part VII
of subchapter F of chapter 1 relating to section 530 is
amended to read as follows:
``Sec. 530. Coverdell education savings
accounts.''.
(2) Conforming amendments.--
(A) The following provisions are each amended by
striking ``an education individual retirement'' each
place it appears and inserting ``a Coverdell education
savings'':
(i) Section 25A(e)(2).
(ii) Section 72(e)(9).
(iii) Section 135(c)(2)(C).
(iv) Section 4973(a).
(v) Subsections (c) and (e) of section
4975.
(B) The following provisions are each amended by
striking ``education individual retirement'' each place
it appears and inserting ``Coverdell education
savings'':
(i) Section 26(b)(2)(E).
(ii) Section 4973(e).
(iii) Section 6693(a)(2)(D).
(C) The headings for each of the following
provisions are amended by striking ``education
individual retirement accounts'' each place it appears
and inserting ``Coverdell education savings accounts''.
(i) Section 72(e)(9).
(ii) Section 135(c)(2)(C).
(iii) Section 4973(e).
(iv) Section 4975(c)(5).
(h) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
beginning after December 31, 2001.
(2) Subsection (g).--The amendments made by subsection (g)
shall take effect on the date of the enactment of this Act.
SEC. 3. EXCLUSION FROM INCOME OF CERTAIN AMOUNTS CONTRIBUTED TO
COVERDELL EDUCATION SAVINGS ACCOUNTS.
(a) In General.--Part III of subchapter B or chapter 1 of the
Internal Revenue Code of 1986 (relating to items specifically excluded
from gross income) is amended by redesignating section 139 as section
140 and by adding at the end the following:
``SEC. 139. COVERDELL EDUCATION SAVINGS ACCOUNTS.
``(a) Exclusion From Gross Income.--Gross income of an employee
shall not include--
``(1) amounts paid or incurred by the employer for a
qualified Coverdell education savings account contribution on
behalf of the employee or a member of the employee's family,
and
``(2) any distribution from a Coverdell education savings
account of such contribution.
``(b) Qualified Coverdell Education Savings Account Contribution.--
For purposes of this section--
``(1) In general.--The term `qualified Coverdell education
savings account contribution' means an amount contributed,
directly or indirectly, as part of an education savings program
by an employer to a Coverdell education savings account
established and maintained for the benefit of the employee or a
member of the employee's family.
``(2) Education savings program.--For purposes of paragraph
(1), an education savings program is a separate written plan of
an employer for the exclusive benefit of such employer's
employees--
``(A) under which the employer makes contributions
described in paragraph (1), and
``(B) which meets requirements similar to the
requirements of paragraphs (2), (3), (5), and (6) of
section 127(b).''.
(b) Conforming Amendment.--The table of sections for part III of
subchapter B or chapter 1 of the Internal Revenue Code of 1986 is
amended by striking the item relating to section 139 and by inserting
the following:
``Sec. 139. Coverdell education savings
accounts.
``Sec. 140. Cross references to other
Acts.''.
(c) Effective Date.--The amendments made by this section shall
apply to contributions made in taxable years beginning after December
31, 2001. | Coverdell Education Savings Accounts Act of 2001 - Amends the Internal Revenue Code, with respect to education individual retirement accounts (IRAs), to: (1) permit distributions for qualified elementary and secondary education expenses; (2) increase annual contribution limits from $500 to $2,000, with annual inflation adjustments as of tax year 2003; (3) waive the beneficiary age limitation (18) for contributions on behalf of special needs beneficiaries; (4) permit corporations to contribute to education IRAs; (5) permit annual contributions to be made until the filing date (not including extensions) for a tax year; (6) extend the time for return of excess contributions; and (7) provide for coordination with Hope and lifetime learning credit and qualified tuition program provisions.Renames such educational IRAs as Coverdell education savings accounts.Excludes from gross income: (1) employer contributions to such accounts on behalf of an employee or employee family member; and (2) account distributions. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to expand the use of education individual retirement accounts, and for other purposes."} | 3,190 | 194 | 0.503631 | 1.330882 | 0.647511 | 2.05291 | 14.481481 | 0.888889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Financial Accounting Standards Board
Act''.
SEC. 2. DEFINITIONS.
As used in this Act--
(1) FASB.--The term ``FASB'' means the Financial Accounting
Standards Board.
(2) Federal regulatory program.--The term ``Federal
regulatory program'' means a program enacted under the
authority of the Commerce Clause of the Constitution and
providing for the regulation of the interstate or foreign
commerce of the United States, or the use of the means or
instrumentalities of such commerce.
(3) Person.--The term ``person'' includes corporations,
companies, associations, firms, partnerships, societies, and
joint stock companies, as well as individuals, but does not
include an agency or instrumentality of Federal, State, or
local government.
SEC. 3. STANDARDS AUTHORITATIVE.
The standards of financial accounting and reporting promulgated by
the FASB shall be authoritative for the purpose of determining
compliance with generally accepted accounting principles by any person
under any Federal regulatory program.
SEC. 4. DUTY OF FASB.
The duty of the FASB shall be to establish and improve, after
independent and impartial deliberation, standards of financial
accounting and reporting for any person. To accomplish its duty, the
FASB shall act to--
(1) improve the usefulness to present and potential
investors, creditors, and other users, of financial reporting
made by firms in interstate commerce focusing on the primary
characteristics of relevance and reliability;
(2) keep standards current to reflect changes in methods of
doing business and changes in the economic environment;
(3) consider promptly any significant areas of deficiency
in financial reporting that might be improved through the
standard-setting process;
(4) promote the international convergence of accounting
standards concurrent with improving the quality of financial
reporting; and
(5) improve the common understanding of the nature and
purposes of information contained in financial reports.
SEC. 5. REQUIREMENTS FOR ESTABLISHMENT OF ACCOUNTING STANDARDS.
(a) General Principles.--In promulgating and revising standards of
financial accounting and reporting, the FASB shall follow the following
principles:
(1) Financial reporting should provide information that is
useful to present and potential investors and creditors and
other users in making rational investment, credit, and similar
decisions. The information should be comprehensible to those
who have a reasonable understanding of business and economic
activities and are willing to study the information with
reasonable diligence.
(2) Financial reporting should provide information to help
present and potential investors and creditors and other users
in assessing the amounts, timing, and uncertainty of
prospective cash receipts from dividends or interest and the
proceeds from the sale, redemption, or maturity of the
securities or loans.
(3) Financial reporting should provide information about
the economic resources of an enterprise, the claims to those
resources (obligations of the enterprise to transfer resources
to other entities and owners' equity), and the effects of
transactions, events, and circumstances that change resources
and claims to those resources.
(b) Operating Objectives.--The FASB shall promote the following
objectives in the conduct of its activities:
(1) To be objective in its decision making and to ensure,
insofar as possible, the neutrality of information resulting
from its standards. To be neutral, information must report
economic activity as faithfully as possible without coloring
the image it communicates for the purpose of influencing
behavior in any particular direction.
(2) To weigh carefully the views of its constituents in
developing concepts and standards. However, the ultimate
determinant of concepts and standards must be the FASB's
judgment, based on research, public input, and careful
deliberation about the usefulness of the resulting information.
(3) To bring about needed changes in ways that minimize
disruption to the continuity of reporting practice, including
establishment of reasonable effective dates and transition
provisions when new standards are introduced. Change should be
evolutionary to the extent that it can be accommodated by the
need for relevance, reliability, comparability, and
consistency.
(4) To review the effects of past decisions and interpret,
amend, or replace standards in a timely fashion when such
action is indicated.
(c) Primary Standard Requiring Adherence to Principles.--
(1) Promulgation required.--The FASB shall promulgate a
primary standard requiring the application of the principles
articulated in subsection (a) of this section to financial
accounting and reporting. Except as provided in paragraph (2),
such primary standard shall prohibit the application of any
other standard of financial accounting and reporting
promulgated by the FASB in a manner, or with a result, that
fails to comply with such principles.
(2) Deviations explained and justified.--The primary
standard promulgated pursuant to this subsection may allow for
deviation from the application of such principles only if an
explanation and justification for the basis of the deviation is
specifically articulated and made public.
(d) Establishment of Additional Standards.--The FASB shall develop
additional standards of financial accounting and reporting to address
issues relating to--
(1) off-balance-sheet accounting practices and standards,
and accounting requirements for special-purpose entities, in a
manner that is based on principles for determining bona fide
economic control; and
(2) requirements for marked-to-market accounting, including
consideration of the application of fair value to agreements
involving commitments on the part of an issuer.
(e) Additional Projects.--
(1) Fair value project.--Within one year after the date of
enactment of this Act, FASB shall complete work on the project
entitled ``Measuring All Financial Assets and Liabilities at
Fair Value''.
(2) Revenue and liability recognition proposal.--Within 18
months after the date of enactment of this Act, FASB shall
complete work on the proposal entitled ``Proposal for new
agenda project: Issues relating to the recognition of revenues
and liabilities''.
SEC. 6. PRESERVATION OF AUTHORITY.
Nothing in this Act shall be construed to limit--
(1) the authority of the Securities and Exchange Commission
under the securities laws (as such term is defined in section
3(a)(47) of the Securities Exchange Act of 1934 (15 U.S.C.
78c(a)(47)); or
(2) the authority of any other Federal agency under the
laws applicable to a Federal regulatory program administered by
such agency.
SEC. 7. REPORTS.
(a) FASB Reports.--
(1) Annual reports.--The FASB shall transmit annual reports
to the President, the Committee on Energy and Commerce of the
House of Representatives, and the Committee on Banking,
Housing, and Urban Affairs of the Senate.
(2) Contents of reports.--Each report transmitted under
this subsection shall include the following:
(A) Assessment of resources.--An assessment by the
FASB of the resources available, and the sufficiency of
those resources, to carry out the purposes and
requirements of this Act.
(B) Evaluation of compliance.--An evaluation by the
FASB of the extent of the compliance of financial
statements with the standards of financial accounting
and reporting promulgated by the FASB and with the
requirements, objectives, and principles of sections 4
and 5.
(C) Progress on unresolved issues.--A statement by
the FASB of the progress made by the FASB in the
resolution of unresolved accounting standards issues.
(D) Progress on treatment of intangible assets.--A
statement of progress made by the FASB in modernizing
and improving the accounting treatment for intellectual
property and other intangible assets.
(3) Report on primary principle resolution.--The first
report transmitted under this subsection shall indicate the
resolution by the FASB of the issues identified in section
5(c).
(b) GAO Reports.--
(1) Annual reports required.--The Comptroller General shall
transmit annual reports to the President, the Committee on
Energy and Commerce of the House of Representatives, and the
Committee on Banking, Housing, and Urban Affairs of the Senate
on the FASB.
(2) Contents of reports.--Each report transmitted under
this subsection shall include the following:
(A) Progress on unresolved issues.--An evaluation
of the FASB's progress in resolving unresolved
accounting standards issues, including a description of
such issues, the plans and timetables concerning, and
resources available for, the resolution of such issues,
and the reasons for any delays in resolving such
issues.
(B) Assessment of fasb independence.--An assessment
of the extent to which the FASB has maintained its
independence and objectivity, including an assessment
of any impairment of such independence and objectivity
resulting from the methods by which the FASB obtains
the resources required for its operations.
(C) Evaluation of procedures.--An evaluation of the
procedures followed by the FASB in accounting standard
setting, including the due process accorded to
interested parties, the efficiency of FASB procedures
in resolving issues, and the extent of the compliance
by the FASB with its own procedural requirements.
(c) Unresolved Accounting Standards Issues.--For the purposes of
this section, the term ``unresolved accounting standards issue'' means
the open agenda items of the FASB and the FASB's Emerging Issues Task
Force, and any other issues that this Act has added to that agenda. | Financial Accounting Standards Board Act - States that the duty of the Financial Accounting Standards Board (FASB) is to establish and improve standards of financial accounting and reporting.Cites general principles and operating objectives to be followed when establishing financial accounting and reporting standards.Instructs the FASB to develop additional standards relating to: (1) off-balance-sheet accounting practices and standards, and accounting requirements for special-purpose entities, in a manner that is based on principles for determining bona fide economic control; and (2) marked-to-market accounting, including consideration of fair value to agreements involving commitments on the part of an issuer.Instructs the FASB to complete work on: (1) the project entitled "Measuring All Financial Assets and Liabilities at Fair Value;" and (2) the proposal entitled "Proposal for new agenda project: Issues relating to the recognition of revenues and liabilities." | {"src": "billsum_train", "title": "To preserve the integrity of the establishment of accounting standards by the Financial Accounting Standards Board, and for other purposes."} | 2,066 | 199 | 0.525633 | 1.417588 | 0.84742 | 5.531792 | 10.809249 | 0.953757 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Servicemember Mental Health Review
Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Since September 11, 2001, approximately 30,000 veterans
have been separated from the Armed Forces on the basis of a
personality disorder or adjustment disorder.
(2) Nearly all veterans who are separated on the basis of a
personality or adjustment disorder are prohibited from
accessing service-connected disability compensation, disability
severance pay, and disability retirement pay.
(3) Many veterans who are separated on the basis of a
personality or adjustment disorder are unable to find
employment because of the ``personality disorder'' or
``adjustment disorder'' label on their Certificate of Release
or Discharge from Active Duty.
(4) The Government Accountability Office has found that the
regulatory compliance of the Department of Defense in
separating members of the Armed Forces on the basis of a
personality or adjustment disorder was as low as 40 percent
between 2001 and 2007.
(5) Expansion of the authority of the Physical Disability
Board of Review to include review of the separation of members
of the Armed Forces on the basis of a mental condition not
amounting to disability, including separation on the basis of a
personality or adjustment disorder, is warranted in order to
ensure that any veteran wrongly separated on such basis will
have the ability to access disability benefits and employment
opportunities available to veterans.
SEC. 3. REVIEW BY PHYSICAL DISABILITY BOARD OF REVIEW OF MILITARY
SEPARATION ON BASIS OF A MENTAL CONDITION NOT AMOUNTING
TO DISABILITY.
(a) Members Entitled to Review by Physical Disability Board of
Review.--Section 1554a of title 10, United States Code, is amended--
(1) in subsection (a)(1), by striking ``disability
determinations of covered individuals by Physical Evaluation
Boards'' and inserting ``disability and separation
determinations regarding certain members and former members of
the armed forces described in subsection (b)''; and
(2) by striking subsection (b) and inserting the following
new subsection:
``(b) Covered Individuals.--For purposes of this section, covered
individuals are members and former members of the armed forces who--
``(1) during the period beginning on September 11, 2001,
and ending on December 31, 2014, are separated from the armed
forces due to unfitness for duty because of a medical condition
with a disability rating of 20 percent disabled or less and are
found to be not eligible for retirement; or
``(2) before December 31, 2014, are separated from the
armed forces due of unfitness for duty because of a mental
condition not amounting to disability, including separation on
the basis of a personality disorder or adjustment disorder.''.
(b) Nature and Scope of Review.--Such section is further amended--
(1) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively; and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Review of Separations Due to Unfitness for Duty Because of a
Mental Condition Not Amounting to Disability.--(1) Upon the request of
a covered individual described in paragraph (2) of subsection (b), or a
surviving spouse, next of kin, or legal representative of a covered
individual described in such paragraph, the Physical Disability Board
of Review shall review the findings and decisions of the Physical
Evaluation Board with respect to such covered individual. In addition,
the Physical Disability Board of Review may review, upon its own
motion, the findings and decisions of the Physical Evaluation Board
with respect to a covered individual described in such paragraph.
``(2) Whenever a review is conducted under paragraph (1), the
members of the Physical Disability Board of Review shall include at
least one licensed psychologist and one licensed psychiatrist who has
not had any fiduciary responsibility to the Department of Defense since
December 31, 2001.
``(3) In conducting the review under paragraph (1), the Physical
Disability Board of Review shall consider--
``(A) the findings of the psychologist or psychiatrist of
the Department of Defense who diagnosed the mental condition;
``(B) the findings and decisions of the separation
authority with respect to the covered individual; and
``(C) whether the separation authority correctly followed
the process for separation as set forth in law, including
Department of Defense regulations, directives, and policies.
``(4) The review by the Physical Disability Board of Review under
paragraph (1) shall be based on the records of the Department of
Defense and the Department of Veterans Affairs and such other evidence
as may be presented to the Board. The Board shall consider any and all
evidence to be considered, including private mental health records
submitted by the covered individual in support of the claim.
``(5) If the Physical Disability Board of Review proposes, upon its
own motion, to conduct a review under paragraph (1) with respect to a
covered individual, the Board shall notify the covered individual, or a
surviving spouse, next of kin, or legal representative of the covered
individual, of the proposed review and obtain the consent of the
covered individual or a surviving spouse, next of kin, or legal
representative of the covered individual before proceeding with the
review.
``(6) After the Physical Disability Board of Review has completed
the review under this subsection with respect to the separation of a
covered individual, the Board shall provide the claimant with a
statement of reasons concerning the Board's decision. The covered
individual has the right to raise with the Board a motion for
reconsideration if--
``(A) new evidence can be presented that would address the
issues raised in the Board's statement of reasons; or
``(B) the Board has made a plain error in making its
recommendation.''.
(c) Correction of Military Records.--Subsection (f) of such
section, as redesignated by subsection (b)(1), is amended to read as
follows:
``(f) Correction of Military Records.--(1) The Secretary of the
military department concerned shall correct the military records of a
covered individual in accordance with the recommendation made by the
Physical Disability Board of Review under subsection (e) unless the
Secretary determines that the Board has made a clearly erroneous
recommendation. Any such correction shall be made effective as of the
date of the separation of the covered individual.
``(2) In the case of a covered individual previously separated with
a lump-sum or other payment of back pay and allowances at separation,
the amount of pay or other monetary benefits to which such individual
would be entitled based on the individual's military record as
corrected shall be adjusted to take into account receipt of such lump-
sum or other payment in such manner as the Secretary of the military
department concerned considers appropriate.
``(3) If the Physical Disability Board of Review makes a
recommendation not to correct the military records of a covered
individual, the action taken on the report of the Physical Evaluation
Board to which such recommendation relates shall be treated as final as
of the date of such action.''.
(d) Conforming Amendments.--Such section is further amended--
(1) in subsection (c)--
(A) by inserting after ``Review'' the following:
``of Separations Due to Unfitness for Duty Because of
Medical Condition With a Low Disability Rating''; and
(B) in paragraph (1)--
(i) by inserting ``described in paragraph
(1) of subsection (b)'' after ``a covered
individual'' the first place it appears;
(ii) by inserting ``described in such
paragraph'' after ``a covered individual'' the
second place it appears; and
(iii) by striking the second sentence and
inserting the following new sentence: ``In
addition, the Physical Disability Board of
Review may review, upon its own motion, the
findings and decisions of the Physical
Evaluation Board with respect to a covered
individual described in such paragraph.''; and
(2) in subsection (e), as redesignated by subsection
(b)(1), by striking ``under subsection (c)'' and inserting
``conducted under subsection (c) or (d)''.
(e) Notification of New Availability of Review.--
(1) Notification requirement.--In the case of individuals
described in subsection (b)(2) of section 1554a of title 10,
United States Code, as amended by subsection (a), who have been
separated from the Armed Forces during the period beginning on
September 11, 2001, and ending on the date of the enactment of
this Act or who are separated after that date, the Secretary of
Defense shall ensure, to the greatest extent practicable, that
such individuals receive oral and written notification of their
right to a review of their separation from the Armed Forces
under such section 1554a.
(2) Compliance.--The Secretary of the military department
with jurisdiction over the Armed Force in which the individual
served immediately before separation shall be responsible for
providing to the individual the notification required by
paragraph (1). The Secretary of Defense shall monitor
compliance with this notification requirement and promptly
notify Congress of any failures to comply.
(3) Legal counsel.--The notification required by paragraph
(1) shall--
(A) inform the individual of the right to obtain
legal or non-legal counsel to represent the individual
before the Physical Disability Board of Review; and
(B) include a list of organizations that may
provide such counsel at no cost to the individual.
(f) Clerical Amendments.--
(1) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 1554a. Physical Disability Board of Review: review of
separations with disability rating of 20 percent or less
and separations on basis of mental condition not
amounting to disability''.
(2) Table of sections.--The table of sections at the
beginning of chapter 79 of such title is amended by striking
the item relating to section 1554a and inserting the following
new item:
``1554a. Physical Disability Board of Review: review of separations
with disability rating of 20 percent or
less and separations on basis of mental
condition not amounting to disability.''. | Servicemember Mental Health Review Act - Extends through 2014 (under current law, through 2009) the authority of the Physical Disability Board of Review (Board) to review the disability determinations of individuals who, since September 11, 2001, are separated from the Armed Forces due to unfitness for duty because of a mental condition with a disability rating of 20% or less and are found to be ineligible for retirement. Adds to those eligible for such review individuals who, before December 31, 2014, are separated due to unfitness because of a mental condition not amounting to disability, including separation based on a personality or adjustment disorder. Requires the Board to: (1) review, upon request, the findings and decisions of the appropriate physical evaluation board with respect to such latter individuals; and (2) include as Board members at least one licensed psychologist and one licensed psychiatrist who have had no fiduciary relationship to the Department of Defense (DOD) since December 31, 2001. Allows the Board to review disability determinations of non-requesting individuals, after obtaining their consent. Requires the Secretary of the military department concerned to correct the military records of individuals in accordance with Board recommendations, unless such Secretary finds that the Board has made a clearly erroneous recommendation. Requires the Secretary of Defense to ensure that eligible individuals receive notification of their right to a separation review by the Board, including the right to obtain counsel. | {"src": "billsum_train", "title": "Servicemember Mental Health Review Act"} | 2,206 | 310 | 0.68272 | 2.222158 | 0.736155 | 3.66171 | 8.018587 | 0.925651 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Freight Rail Infrastructure Capacity
Expansion Act of 2009''.
SEC. 2. CREDIT FOR FREIGHT RAIL INFRASTRUCTURE CAPACITY EXPANSION
PROPERTY.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by adding at the end the following new section:
``SEC. 45R. FREIGHT RAIL CAPACITY EXPANSION CREDIT.
``(a) General Rule.--For purposes of section 38, the freight rail
capacity expansion credit determined under this section for the taxable
year is an amount equal to 25 percent of the cost of the following
property placed in service during the taxable year:
``(1) New qualified freight rail infrastructure property.
``(2) Qualified locomotive property.
``(b) New Qualified Freight Rail Infrastructure Property.--For
purposes of this section--
``(1) In general.--The term `new qualified freight rail
infrastructure property' means qualified freight rail
infrastructure property--
``(A) the construction or erection (or in the case
of bridges and tunnels, any eligible bridge or tunnel
replacement or expansion pursuant to paragraph (2)) of
which is completed after the effective date of this
section, or
``(B) which is acquired by the taxpayer after such
date, but only if the original use of such property
commences with the taxpayer.
``(2) Exception for property replacing property at existing
location.--The term `new qualified freight rail infrastructure
property' does not include property which is replacing existing
qualified freight rail infrastructure property if the
replacement property is located at the site of the existing
property. The preceding sentence shall not apply to the
replacement or expansion of a bridge or tunnel to allow for
additional clearance, track, or other capacity enhancement
where such clearance, track, or other capacity enhancement did
not previously exist.
``(3) Qualified freight rail infrastructure property.--
``(A) In general.--The term `qualified freight rail
infrastructure property' means property, whether or not
owned by a railroad, used in the movement of freight by
rail--
``(i) the cost of which is chargeable to
capital account (determined without regard to
section 179F), and
``(ii) which constitutes--
``(I) railroad grading or tunnel
bore (as defined in section 168(e)(4)),
``(II) tunnels or subways,
``(III) track, including ties,
rails, ballast, or other track
material,
``(IV) bridges, trestles, culverts,
or other elevated or submerged
structures,
``(V) terminals, yards, roadway
buildings, fuel stations, or railroad
wharves or docks, including fixtures
attached thereto, and equipment used
exclusively therein,
``(VI) railroad signal,
communication, or other operating
systems, including components of such
systems that must be installed on
locomotives or other rolling stock, or
``(VII) intermodal transfer or
transload facilities or terminals,
including fixtures attached thereto,
and equipment used exclusively therein.
``(B) Exclusions.--The term `qualified freight rail
infrastructure property' shall not include--
``(i) land,
``(ii) rolling stock, including
locomotives, or
``(iii) property used predominantly outside
the United States, except that this clause
shall not apply to any property described in
section 168(g)(4).
``(c) Qualified Locomotive Property.--
``(1) In general.--For purposes of this section, the term
`qualified locomotive property' means a locomotive, whether or
not owned by a railroad, which--
``(A) is acquired by the taxpayer after the
effective date of this section, but only if the
original use of such property commences with the
taxpayer,
``(B) is owned by, or leased to, a taxpayer which
meets the capacity expansion requirement of paragraph
(2) for the taxable year in which the locomotive is
placed in service, and
``(C) meets the Environmental Protection Agency's
emission standards for locomotives and locomotive
engines as in effect on December 31, 2006.
``(2) Capacity expansion requirement.--A taxpayer meets the
requirements of this paragraph with respect to any locomotive
only if, on the last day of the taxable year in which such
locomotive is placed in service, the total horsepower of all
locomotives owned by, or leased to, the taxpayer exceeds the
total horsepower of all locomotives owned by, or leased to, the
taxpayer on the last day of the preceding taxable year. A
determination under this paragraph shall be made pursuant to
such reports as the Secretary, in consultation with the Surface
Transportation Board, may prescribe.
``(3) Special rule for the leasing of locomotives.--In the
case of the leasing of locomotives, total horsepower under
paragraph (2) shall be determined with respect to all
locomotives owned by, or leased to, the lessee.
``(d) Other Definitions and Special Rules.--
``(1) Definitions.--For purposes of this section--
``(A) Railroad signal, communication, or other
operating system.--The term `railroad signal,
communication, or other operating system' means an
appliance, method, device, or system (including
hardware and software) which is used to operate a
railroad or to improve safety or capacity of railroad
operations, including a signal, an interlocker, an
automatic train stop, or a train control or cab-signal
device.
``(B) Intermodal transfer or transload facility or
terminal.--The term `intermodal transfer or transload
facility or terminal' means a facility or terminal
primarily utilized in the transfer of freight between
rail and any other mode of transportation.
``(2) Coordination with other credits.--The cost of any
property taken into account in determining the credit under
this section may not be taken into account in determining a
credit under any other provision of this title.
``(3) Basis adjustment.--If a credit is determined under
this section with respect to the cost of any qualified freight
rail infrastructure property or qualified locomotive property,
the basis of such property shall be reduced by the amount of
the credit so determined.
``(4) Sale-leasebacks.--If qualified freight rail
infrastructure property or qualified locomotive property is--
``(A) originally placed in service by a person
after the effective date of this section, and
``(B) sold and leased back by such person within 3
months after the property is originally placed in
service (or, in the case of multiple units of property
subject to the same lease, within 3 months after the
date the final unit is placed in service, so long as
the period between the time the first unit is placed in
service and the time the last unit is placed in service
does not exceed 12 months),
such property shall be treated as originally placed in service
not earlier than the date on which such property is used under
the lease referred to in subparagraph (B).
``(5) Recapture.--The benefit of any credit allowable under
subsection (a) shall, under regulations prescribed by the
Secretary, be recaptured with respect to any qualified
locomotive property that is sold or otherwise disposed of by
the taxpayer during the 5-year period beginning on the date on
which such property is originally placed in service. The
preceding sentence shall not apply to locomotive property that
is sold by and subsequently leased back to the taxpayer.
``(e) Termination.--This section shall not apply to any property
placed in service after December 31, 2015.''.
(b) Credit Allowed as Business Credit.--Section 38(b) of the
Internal Revenue Code of 1986 (relating to current year business
credit) is amended by striking ``plus'' at the end of paragraph (34),
by striking the period at the end of paragraph (35) and inserting ``,
plus'', and by adding at the end the following new paragraph:
``(36) the freight rail capacity expansion credit
determined under section 45R.''.
(c) Coordination With Section 55.--Section 38(c)(4)(B) of the
Internal Revenue Code of 1986 is amended by striking ``and'' at the end
of clause (vii), by striking the period at the end of clause (viii) and
inserting ``, and'', and by adding at the end the following new clause:
``(ix) for taxable years ending after the
effective date of this clause, the credit
determined under section 45R.''.
(d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 45Q the
following new item:
``Sec. 45R. Freight rail capacity expansion credit.''.
(e) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2009.
SEC. 3. EXPENSING OF FREIGHT RAIL INFRASTRUCTURE PROPERTY.
(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 inserting after section
179E the following new section:
``SEC. 179F. ELECTION TO EXPENSE QUALIFIED FREIGHT RAIL INFRASTRUCTURE
PROPERTY.
``(a) Allowance of Deduction.--
``(1) In general.--A taxpayer may elect to treat any amount
paid or incurred for the acquisition, construction, or erection
of qualified freight rail infrastructure property (as defined
in section 45R(b)(3)) as an amount not chargeable to capital
account. Any amount so treated shall be allowed as a deduction
for the taxable year in which such property was placed in
service.
``(2) Coordination with credit.--The amount to which the
election under paragraph (1) applies with respect to any
property shall be reduced by an amount equal to the amount of
any reduction in the basis of the property under section
45R(d)(3).
``(b) Election.--An election under subsection (a) shall be made,
with respect to each class of property for each taxable year, at such
time and in such manner as the Secretary may prescribe by regulation.
If a taxpayer makes such an election with respect to any class of
property for any taxable year, the election shall apply to all
qualified freight rail infrastructure property in such class placed in
service during such taxable year. An election under this section shall
not affect the character of any property for the purposes of section
45R.
``(c) Deduction Allowed in Computing Minimum Tax.--For purposes of
determining alternative minimum taxable income under section 55, the
deduction under subsection (a) for qualified freight rail
infrastructure property shall be determined under this section without
regard to any adjustment under section 56.
``(d) Termination.--This section shall not apply to any property
placed in service after December 31, 2015.''
(b) Deduction for Capital Expenditures.--Section 263(a)(1) of the
Internal Revenue Code of 1986 (relating to capital expenditures) is
amended by striking ``or'' at the end of subparagraph (K), by striking
the period at the end of subparagraph (L) and inserting ``, or'', and
by adding at the end the following new subparagraph:
``(M) expenditures for which a deduction is allowed
under section 179F.''
(c) Technical and Clerical Amendments.--
(1) Section 312(k)(3)(B) of the Internal Revenue Code of
1986 is amended by striking ``or 179E'' each place it appears
in the text or heading thereof and inserting ``179E, or 179F''.
(2) Paragraphs (2)(C) and (3)(C) of section 1245(a) of such
Code are each amended by inserting ``179F,'' after ``179E,''.
(3) The table of sections for part VI of subchapter B of
chapter 1 of subtitle A of such Code is amended by inserting
after the item relating to section 179E the following new item:
``Sec. 179F. Election to expense qualified freight rail infrastructure
property.''.
(d) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2009.
SEC. 4. WAGE RATE REQUIREMENTS.
The taxpayer shall not be allowed a credit under section 45R of the
Internal Revenue Code of 1986 (as added by section 2 of this Act) or a
deduction under section 179F of such Code (as added by section 3 of
this Act) until the taxpayer certifies in writing to the Secretary of
the Treasury that all laborers and mechanics employed by contractors
and subcontractors in construction, replacement, or expansion of new
qualified freight rail infrastructure property for which such credit or
deduction (as the case may be) is claimed were paid wages at rates not
less than those prevailing at the time the construction, replacement,
or expansion work was performed on similar work in the locality as
determined by the Secretary of Labor in accordance with subchapter IV
of chapter 31 of part A of subtitle II of title 40, United States Code
(commonly referred to as the ``Davis-Bacon Act''). | Freight Rail Infrastructure Capacity Expansion Act of 2009 - Amends the Internal Revenue Code to allow: (1) a tax credit for 25% of the cost of new qualified freight rail infrastructure property and qualified locomotive property; and (2) a taxpayer election to expense the cost of qualified freight rail infrastructure property (i.e., deduct all costs in the current taxable year). Terminates such credit and expensing election after 2015.
Requires compliance with federal wage rate requirements under the Davis-Bacon Act as a condition of eligibility for the tax credit and expensing allowance provided by this Act. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide incentives to encourage investment in the expansion of freight rail infrastructure capacity and to enhance modal tax equity."} | 3,014 | 130 | 0.579538 | 1.505695 | 0.617225 | 2.468468 | 24.765766 | 0.864865 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homeland Security Information
Sharing Act''.
SEC. 2. FINDINGS AND SENSE OF CONGRESS.
(a) Findings.--Congress makes the following findings:
(1) The Federal Government is required by the Constitution
to provide for the common defense, which includes terrorist
attack.
(2) The Federal Government relies on State and local
personnel to protect against terrorist attack.
(3) The Federal Government collects, creates, manages, and
protects classified and sensitive but unclassified information
to enhance homeland security.
(4) Some homeland security information is needed by the
State and local personnel to prevent and prepare for terrorist
attack.
(5) The needs of State and local personnel to have access
to relevant homeland security information to combat terrorism
must be reconciled with the need to preserve the protected
status of such information and to protect the sources and
methods used to acquire such information.
(6) Granting security clearances to certain State and local
personnel is one way to facilitate the sharing of information
regarding specific terrorist threats among Federal, State, and
local levels of government.
(7) Methods exist to declassify, redact, or otherwise adapt
classified information so it may be shared with State and local
personnel without the need for granting additional security
clearances.
(8) State and local personnel have capabilities and
opportunities to gather information on suspicious activities
and terrorist threats not possessed by Federal agencies.
(9) The Federal Government and State and local governments
and agencies in other jurisdictions may benefit from such
information.
(10) Federal, State, and local governments and
intelligence, law enforcement, and other emergency preparation
and response agencies must act in partnership to maximize the
benefits of information gathering and analysis to prevent and
respond to terrorist attacks.
(11) Information systems, including the National Law
Enforcement Telecommunications System and the Terrorist Threat
Warning System, have been established for rapid sharing of
classified and sensitive but unclassified information among
Federal, State, and local entities.
(12) Increased efforts to share homeland security
information should avoid duplicating existing information
systems.
(b) Sense of Congress.--It is the sense of Congress that Federal,
State, and local entities should share homeland security information to
the maximum extent practicable, with special emphasis on hard-to-reach
urban and rural communities.
SEC. 3. FACILITATING HOMELAND SECURITY INFORMATION SHARING PROCEDURES.
(a) Presidential Procedures for Determining Extent of Sharing of
Homeland Security Information.--(1) The President shall prescribe
procedures under which relevant Federal agencies determine--
(A) whether, how, and to what extent homeland security
information may be shared with appropriate State and local
personnel, and with which such personnel it may be shared;
(B) how to identify and safeguard homeland security
information that is sensitive but unclassified; and
(C) to the extent such information is in classified form,
whether, how, and to what extent to remove classified
information, as appropriate, and with which such personnel it
may be shared after such information is removed.
(2) The President shall ensure that such procedures apply to all
agencies of the Federal Government.
(3) Such procedures shall not change the substantive requirements
for the classification and safeguarding of classified information.
(4) Such procedures shall not change the requirements and
authorities to protect sources and methods.
(b) Procedures for Sharing of Homeland Security Information.--(1)
Under procedures prescribed by the President, all appropriate agencies,
including the intelligence community, shall, through information
sharing systems, share homeland security information with appropriate
State and local personnel to the extent such information may be shared,
as determined in accordance with subsection (a), together with
assessments of the credibility of such information.
(2) Each information sharing system through which information is
shared under paragraph (1) shall--
(A) have the capability to transmit unclassified or
classified information, though the procedures and recipients
for each capability may differ;
(B) have the capability to restrict delivery of information
to specified subgroups by geographic location, type of
organization, position of a recipient within an organization,
or a recipient's need to know such information;
(C) be configured to allow the efficient and effective
sharing of information; and
(D) be accessible to appropriate State and local personnel.
(3) The procedures prescribed under paragraph (1) shall establish
conditions on the use of information shared under paragraph (1)--
(A) to limit the redissemination of such information to
ensure that such information is not used for an unauthorized
purpose;
(B) to ensure the security and confidentiality of such
information;
(C) to protect the constitutional and statutory rights of
any individuals who are subjects of such information; and
(D) to provide data integrity through the timely removal
and destruction of obsolete or erroneous names and information.
(4) The procedures prescribed under paragraph (1) shall ensure, to
the greatest extent practicable, that the information sharing system
through which information is shared under such paragraph include
existing information sharing systems, including, but not limited to,
the National Law Enforcement Telecommunications System, the Regional
Information Sharing System, and the Terrorist Threat Warning System of
the Federal Bureau of Investigation.
(5) Each appropriate Federal agency, as determined by the
President, shall have access to each information sharing system through
which information is shared under paragraph (1), and shall therefore
have access to all information, as appropriate, shared under such
paragraph.
(6) The procedures prescribed under paragraph (1) shall ensure that
appropriate State and local personnel are authorized to use such
information sharing systems--
(A) to access information shared with such personnel; and
(B) to share, with others who have access to such
information sharing systems, the homeland security information
of their own jurisdictions, which shall be marked appropriately
as pertaining to potential terrorist activity.
(7) Under procedures prescribed jointly by the Director of Central
Intelligence and the Attorney General, each appropriate Federal agency,
as determined by the President, shall review and assess the information
shared under paragraph (6) and integrate such information with existing
intelligence.
(c) Sharing of Classified Information and Sensitive but
Unclassified Information With State and Local Personnel.--(1) The
President shall prescribe procedures under which Federal agencies may,
to the extent the President considers necessary, share with appropriate
State and local personnel homeland security information that remains
classified or otherwise protected after the determinations prescribed
under the procedures set forth in subsection (a).
(2) It is the sense of Congress that such procedures may include
one or more of the following means:
(A) Carrying out security clearance investigations with
respect to appropriate State and local personnel.
(B) With respect to information that is sensitive but
unclassified, entering into nondisclosure agreements with
appropriate State and local personnel.
(C) Increased use of information-sharing partnerships that
include appropriate State and local personnel, such as the
Joint Terrorism Task Forces of the Federal Bureau of
Investigation, the Anti-Terrorism Task Forces of the Department
of Justice, and regional Terrorism Early Warning Groups.
(d) Responsible Officials.--For each affected Federal agency, the
head of such agency shall designate an official to administer this Act
with respect to such agency.
(e) Federal Control of Information.--Under procedures prescribed
under this section, information obtained by a State or local government
from a Federal agency under this section shall remain under the control
of the Federal agency, and a State or local law authorizing or
requiring such a government to disclose information shall not apply to
such information.
(f) Definitions.--In this section:
(1) The term ``homeland security information'' means any
information possessed by a Federal, State, or local agency
that--
(A) relates to the threat of terrorist activity;
(B) relates to the ability to prevent, interdict,
or disrupt terrorist activity;
(C) would improve the identification or
investigation of a suspected terrorist or terrorist
organization; or
(D) would improve the response to a terrorist act.
(2) 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. 401a(4)).
(3) The term ``State and local personnel'' means any of the
following persons involved in prevention, preparation, or
response for terrorist attack:
(A) State Governors, mayors, and other locally
elected officials.
(B) State and local law enforcement personnel and
firefighters.
(C) Public health and medical professionals.
(D) Regional, State, and local emergency management
agency personnel, including State adjutant generals.
(E) Other appropriate emergency response agency
personnel.
(F) Employees of private-sector entities that
affect critical infrastructure, cyber, economic, or
public health security, as designated by the Federal
government in procedures developed pursuant to this
section.
(4) The term ``State'' includes the District of Columbia
and any commonwealth, territory, or possession of the United
States.
SEC. 4. REPORT.
(a) Report Required.--Not later than 12 months after the date of
the enactment of this Act, the President shall submit to the
congressional committees specified in subsection (b) a report on the
implementation of section 3. The report shall include any
recommendations for additional measures or appropriation requests,
beyond the requirements of section 3, to increase the effectiveness of
sharing of information among Federal, State, and local entities.
(b) Specified Congressional Committees.--The congressional
committees referred to in subsection (a) are the following committees:
(1) The Permanent Select Committee on Intelligence and the
Committee on the Judiciary of the House of Representatives.
(2) The Select Committee on Intelligence and the Committee
on the Judiciary of the Senate.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out section 3. | Homeland Security Information Sharing Act - Directs the President to: (1) prescribe procedures for Federal agencies for sharing homeland security information with State and local personnel, for identifying and safeguarding homeland security information that is sensitive but unclassified, and for removing classified information; and (2) ensure that such procedures apply to all Federal agencies.Requires all appropriate agencies including the intelligence community, under procedures prescribed by the President, to share homeland security information (with credibility assessments) with State and local personnel. Directs that: (1) such procedures establish conditions on the use of information shared to limit the re-dissemination of information, ensure information security and confidentiality, protect the rights of individuals who are subjects of such information, and provide data integrity through timely removal and destruction of obsolete or erroneous information, and include existing information sharing systems; and (2) each appropriate Federal agency have access to each information sharing system and the information within it.Directs the President to prescribe procedures under which Federal agencies may share classified homeland security information with appropriate State and local personnel, including through security clearance investigations, non-disclosure agreements (for information that is sensitive but unclassified), and increased use of information-sharing partnerships.Directs that information obtained by a State or local government from a Federal agency under this Act remain under the Federal agency's control, and that a State or local law authorizing or requiring such a government to disclose information not apply to such information. | {"src": "billsum_train", "title": "A bill to provide for the sharing of homeland security information by Federal intelligence and law enforcement agencies with State and local entities."} | 2,085 | 303 | 0.700649 | 2.052617 | 0.79601 | 3.960714 | 7.471429 | 0.960714 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wildlife Trafficking Enforcement Act
of 2015''.
SEC. 2. WILDLIFE TRAFFICKING VIOLATIONS AS PREDICATE OFFENSES UNDER
RACKETEERING AND MONEY LAUNDERING STATUTES.
(a) Travel Act.--Section 1952 of title 18, United States Code, is
amended--
(1) in subsection (b)--
(A) by striking ``or (3)'' and inserting ``(3)'';
and
(B) by striking ``of this title and (ii)'' and
inserting the following: ``of this title, or (4) any
act that is a criminal violation of section 9(a)(1) of
the Endangered Species Act of 1973 (16 U.S.C.
1538(a)(1)), section 2203 of the African Elephant
Conservation Act (16 U.S.C. 4223), or section 7(a) of
the Rhinoceros and Tiger Conservation Act of 1994 (16
U.S.C. 5305a(a)), if the endangered or threatened
species of fish or wildlife, products, items, or
substances involved in the violation and relevant
conduct, as applicable, have a total value of more than
$10,000 and (ii)''; and
(2) by adding at the end the following:
``(e) Use of Amounts From Fines, Forfeitures, and Restitution
Relating to Wildlife Trafficking Violations.--
``(1) In general.--The Secretary of the Treasury shall
transfer to the Secretary of the Interior and the Secretary of
Commerce, for use in accordance with paragraph (2), the amounts
received as fines, forfeitures of property or assets, or
restitution to the Federal Government for any violation under
this section that is based on an unlawful activity described in
subsection (b)(i)(4).
``(2) Funds.--Of the amounts transferred under paragraph
(1), the Secretary of the Interior and the Secretary of
Commerce shall use such amounts as each Secretary determines
necessary for the benefit of the species impacted by the
applicable violation, to the extent practicable, by depositing
the amounts into any fund that is created or authorized under
Federal law for conservation purposes.''.
(b) Money Laundering.--Section 1956 of title 18, United States
Code, is amended--
(1) in subsection (c)(7)--
(A) in subsection (E), by striking ``or'' at the
end;
(B) in subsection (F), by adding ``or'' at the end;
and
(C) by adding at the end the following:
``(G) any act that is a criminal violation of
section 9(a)(1) of the Endangered Species Act of 1973
(16 U.S.C. 1538(a)(1)), section 2203 of the African
Elephant Conservation Act (16 U.S.C. 4223), or section
7(a) of the Rhinoceros and Tiger Conservation Act of
1994 (16 U.S.C. 5305a(a)), if the endangered or
threatened species of fish or wildlife, products,
items, or substances involved in the violation and
relevant conduct, as applicable, have a total value of
more than $10,000;''; and
(2) by adding at the end the following:
``(j) Use of Amounts From Civil Penalties, Fines, Forfeitures, and
Restitution Relating to Wildlife Trafficking Violations.--
``(1) In general.--The Secretary of the Treasury shall
transfer to the Secretary of the Interior and the Secretary of
Commerce, for use in accordance with paragraph (2), the amounts
received as civil penalties, fines, forfeitures of property or
assets, or restitution to the Federal Government for any
violation under this section that is based on specified
unlawful activity described in subsection (c)(7)(G).
``(2) Funds.--Of the amounts transferred under paragraph
(1), the Secretary of the Interior and the Secretary of
Commerce shall use such amounts as each Secretary determines
necessary for the benefit of the species impacted by the
applicable violation, to the extent practicable, by depositing
the amounts into any fund that is created or authorized under
Federal law for conservation purposes.''.
(c) RICO.--Chapter 96 of title 18, United States Code, is amended--
(1) in section 1961(1)--
(A) by striking ``or (G)'' and inserting ``(G)'';
and
(B) by inserting before the semicolon at the end
the following: ``, or (H) any act that is a criminal
violation of section 9(a)(1) of the Endangered Species
Act of 1973 (16 U.S.C. 1538(a)(1)), section 2203 of the
African Elephant Conservation Act (16 U.S.C. 4223), or
section 7(a) of the Rhinoceros and Tiger Conservation
Act of 1994 (16 U.S.C. 5305a(a)), if the endangered or
threatened species of fish or wildlife, products,
items, or substances involved in the violation and
relevant conduct, as applicable, have a total value of
more than $10,000''; and
(2) in section 1963, by adding at the end the following:
``(n) Use of Amounts From Fines, Forfeitures, and Restitution
Relating to Wildlife Trafficking Violations.--
``(1) In general.--The Secretary of the Treasury shall
transfer to the Secretary of the Interior and the Secretary of
Commerce, for use in accordance with paragraph (2), the amounts
received as fines, forfeitures of property or assets, or
restitution to the Federal Government for any violation of
section 1962 that is based on racketeering activity described
in section 1961(1)(H).
``(2) Funds.--Of the amounts transferred under paragraph
(1), the Secretary of the Interior and the Secretary of
Commerce shall use such amounts as each Secretary determines
necessary for the benefit of the species impacted by the
applicable violation, to the extent practicable, by depositing
the amounts into any fund that is created or authorized under
Federal law for conservation purposes.''.
(d) Technical and Conforming Amendments.--
(1) Use of amounts from fines.--Section 1402(b)(1)(A) of
the Victims of Crime Act of 1984 (42 U.S.C. 10601(b)(1)(A)) is
amended--
(A) in clause (i), by striking ``and'' at the end;
and
(B) by adding at the end the following:
``(iii) sections 1952(e), 1956(j), and
1963(n) of title 18, United States Code; and''.
(2) Use of amounts from forfeitures.--Section 524(c)(4)(A)
of title 28, United States Code, is amended by inserting before
``or the Postmaster General'' the following: ``the Secretary of
the Treasury pursuant to section 1952(e), 1956(j), or 1963(n)
of title 18,''. | Wildlife Trafficking Enforcement Act of 2015 This bill applies provisions of the federal criminal code concerning money laundering and racketeering to wildlife trafficking violations of the Endangered Species Act of 1973, the African Elephant Conservation Act, and the Rhinoceros and Tiger Conservation Act of 1994, if the endangered or threatened species of fish or wildlife, products, items, or substances involved in the violation and relevant conduct have a total value of more than $10,000. Violators would be subject to increased fines and years of imprisonment. The amounts generated from penalties for those wildlife violations must be used for the benefit and conservation of impacted species. | {"src": "billsum_train", "title": "Wildlife Trafficking Enforcement Act of 2015"} | 1,584 | 136 | 0.60455 | 1.700075 | 0.665529 | 4.113043 | 11.843478 | 0.878261 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Success on Campus Act of
2016''.
SEC. 2. DEPARTMENT OF VETERANS AFFAIRS PROVISION OF ON-CAMPUS
EDUCATIONAL AND VOCATIONAL COUNSELING FOR VETERANS.
(a) In General.--Chapter 36 of title 38, United States Code, is
amended by inserting after section 3697A the following new section:
``Sec. 3697B. On-campus educational and vocational counseling
``(a) In General.--The Secretary shall provide educational and
vocational counseling services for veterans at locations on the
campuses of institutions of higher learning selected by the Secretary.
Such counseling services shall be provided by employees of the
Department who provide such services under section 3697A of this title.
``(b) Selection of Locations.--(1) To be selected by the Secretary
under this section, an institution of higher learning shall provide an
appropriate space on the campus of the institution where counseling
services can be provided under this section.
``(2) In selecting locations for the provision of counseling
services under this section, the Secretary shall seek to select
locations where the maximum number of veterans would have access to
such services.
``(c) Annual Report.--Not later than 180 days after the date of the
enactment of this section, and each year thereafter, the Secretary
shall submit to Congress a report on the counseling services provided
under this section. Such report shall include, for the year covered by
the report--
``(1) the average ratio of counselors providing such
services to veterans who received such services at each
location where such services were provided;
``(2) a description of such services provided;
``(3) the recommendations of the Secretary for improving
the provision of such services; and
``(4) any other matters the Secretary determines
appropriate.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
3697A the following new item:
``3697B. On-campus educational and vocational counseling.''.
SEC. 3. CHARGE TO ENTITLEMENT FOR CERTAIN LICENSURE AND CERTIFICATION
TESTS AND NATIONAL TESTS UNDER DEPARTMENT OF VETERANS
AFFAIRS POST-9/11 EDUCATIONAL ASSISTANCE PROGRAM.
(a) Licensure and Certification Tests.--Section 3315(c) of title
38, United States Code, is amended by striking ``shall be determined''
and all that follows and inserting ``shall be pro-rated based on the
actual amount of the fee charged for the test.''.
(b) National Tests.--Section 3315A of such title is amended--
(1) in subsection (a), by adding at the end the following
new paragraph:
``(3) A national test that evaluates prior learning and
knowledge and provides an opportunity for course credit at an
institution of higher learning as so described.''; and
(2) in subsection (c), by striking ``shall be determined''
and all that follows and inserting ``shall be pro-rated based
on the actual amount of the fee charged for the test.''.
(c) Effective Date.--The amendments made by this Act shall apply to
a test taken after the date that is 90 days after the date of the
enactment of this Act.
SEC. 4. MODIFICATION OF PERCENTAGE INCREASE IN RATES PAYABLE UNDER
DEPARTMENT OF VETERANS AFFAIRS EDUCATIONAL ASSISTANCE
PROGRAMS.
(a) All-Volunteer Force.--Section 3015(h)(2) of title 38, United
States Code, is amended--
(1) by striking ``fiscal year 2014'' and inserting ``fiscal
year 2025''; and
(2) by striking ``fiscal year 2013'' and inserting ``fiscal
year 2024''.
(b) Survivors and Dependents.--Section 3564(b) of such title is
amended--
(1) by striking ``fiscal year 2014'' and inserting ``fiscal
year 2025''; and
(2) by striking ``fiscal year 2013'' and inserting ``fiscal
year 2024''.
SEC. 5. EXTENSION OF AUTHORITY FOR VETERANS' ADVISORY COMMITTEE ON
EDUCATION.
Section 3692(c) of such title is amended by striking ``December 31,
2016'' and inserting ``December 31, 2021''.
SEC. 6. TRAINING FOR SCHOOL CERTIFYING OFFICIALS.
(a) Training Requirement.--The Secretary of Veterans Affairs shall,
in consultation with the State approving agencies, set forth
requirements relating to training for school certifying officials
employed by covered educational institutions offering courses of
education approved under chapter 36 of title 38, United States Code. If
a covered educational institution does not ensure that a school
certifying official employed by the educational institution meets such
requirements, the Secretary may disapprove any course of education
offered by such educational institution.
(b) Definitions.--In this section:
(1) The term ``covered educational institution'' means an
educational institution that has enrolled 20 or more
individuals using educational assistance under title 38, United
States Code.
(2) The term ``school certifying official'' means an
employee of an educational institution with primary
responsibility for certifying veteran enrollment at the
educational institution.
(3) The term ``State approving agency'' means a department
or agency of a State designated under section 3671 of title 38,
United States Code.
SEC. 7. LIMITATION ON USE OF REPORTING FEES PAYABLE TO EDUCATIONAL
INSTITUTIONS AND JOINT APPRENTICESHIP TRAINING
COMMITTEES.
Section 3684(c) of title 38, United States Code, is amended to read
as follows:
``(c)(1) The Secretary may pay to any educational institution, or
to the sponsor of a program of apprenticeship, furnishing education or
training under either this chapter or chapter 31, 34, or 35 of this
title, a reporting fee which will be in lieu of any other compensation
or reimbursement for reports or certifications which such educational
institution or joint apprenticeship training committee is required to
submit to the Secretary by law or regulation.
``(2) Such reporting fee shall be computed for each calendar year
by multiplying $12 by the number of eligible veterans or eligible
persons enrolled under this chapter or chapter 31, 34, or 35 of this
title, or $15 in the case of those eligible veterans and eligible
persons whose educational assistance checks are directed in care of
each institution for temporary custody and delivery and are delivered
at the time of registration as provided under section 3680(d)(4) of
this title, during the calendar year. The reporting fee shall be paid
to such educational institution or joint apprenticeship training
committee as soon as feasible after the end of the calendar year for
which it is applicable.
``(3) No reporting fee payable to an educational institution under
this subsection shall be subject to offset by the Secretary against any
liability of such institution for any overpayment for which such
institution may be administratively determined to be liable under
section 3685 of this title unless such liability is not contested by
such institution or has been upheld by a final decree of a court of
appropriate jurisdiction.
``(4) Any reporting fee paid to an educational institution or joint
apprenticeship training committee after the date of the enactment of
the Post-9/11 Veterans Educational Assistance Improvements Act of 2011
(Public Law 111-377)--
``(A) shall be utilized by such institution or committee
solely for the making of certifications required under this
chapter or chapter 31, 34, or 35 of this title or for otherwise
supporting programs for veterans; and
``(B) with respect to an institution that has 75 or more
enrollees described in paragraph (2), may not be used for or
merged with amounts available for the general fund of the
educational institution or joint apprenticeship training
committee.
``(5) The reporting fee payable under this subsection shall be paid
from amounts appropriated for readjustment benefits.''.
SEC. 8. DEPARTMENT OF VETERANS AFFAIRS INSPECTOR GENERAL HEIGHTENED
SCRUTINY OF PROGRAMS OF EDUCATION.
(a) In General.--Subchapter II of chapter 36 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 3699. Inspector General heightened scrutiny of programs of
education
``(a) Heightened Scrutiny Required.--The Inspector General of the
Department shall apply heightened scrutiny to any program of education
if any Federal or State agency has made a final judgment or settlement
that the program of education used deceptive or misleading practices
that are potentially in violation of section 3696 of this title.
``(b) Notice to Students.--(1) Upon commencement of heightened
scrutiny with respect to a program of education under this section, the
Secretary shall provide notice of the heightened scrutiny and the
reasons for such heightened scrutiny to any individual who--
``(A) is enrolled in a course of education approved under
this chapter provided by the program of education; and
``(B) is entitled to educational assistance under the laws
administered by the Secretary.
``(2) The Secretary shall provide to any individual who receives
notice under this subsection advice that the individual--
``(A) request a copy of the individual's transcript; and
``(B) seek counseling from an appropriate advisor about
transferring any credits earned at the program of education.
``(c) Monitoring of Allegations.--The Secretary shall monitor
allegations of deceptive and misleading practices made against programs
of education offering courses of education approved for purposes of
this chapter, including Federal and State investigations. The Secretary
shall include information about any such allegation on the GI Bill
Comparison Tool, or any similar Internet website of the Department.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end of the items relating to
subchapter II the following new item:
``3699. Inspector General heightened scrutiny of programs of
education.''.
SEC. 9. DEPARTMENT OF VETERANS AFFAIRS DISAPPROVAL OF COURSES OF
EDUCATION OFFERED BY INSTITUTIONS OF HIGHER LEARNING
ACCUSED OF CERTAIN DECEPTIVE OR MISLEADING PRACTICES.
Section 3679 of title 38, United States Code, is amended by adding
at the end the following new subsection:
``(d)(1) The Secretary shall disapprove a course of education
provided by an institution of higher learning if the Secretary
determines pursuant to heightened scrutiny applied by the Inspector
General under section 3699 of this title that the institution of higher
learning has engaged in practices that are in violation of section 3696
of this title.
``(2) The Secretary shall provide counseling services to
individuals enrolled in a course of education disapproved under
paragraph (1) to assist such individuals in transferring to another
institution of higher learning.''. | Veterans Success on Campus Act of 2016 (Sec. 2) This bill directs the Department of Veterans Affairs (VA) to: (1) provide educational and vocational counseling services for veterans at VA-selected institutions of higher learning, and (2) select locations where the maximum number of veterans would have access to such services. (Sec. 3) The bill revises the fee that is deducted from a veteran's education entitlement under the Post-9/11 educational assistance program from a monthly to a prorated fee for: (1) certain license and certification tests, and (2) national tests. (Sec. 4) The bill extends provisions requiring rounding down to the next lower dollar amount through FY2024, and rounding to the nearest whole dollar amount after FY2024, with respect to veterans educational assistance increases for: (1) the All-Volunteer Force, and (2) survivors and dependents. (Sec. 5) The Veterans' Advisory Committee on Education is extended through December 31, 2021. (Sec. 6) The VA shall, in consultation with state approving agencies, prescribe training requirements for a school certifying official (SCO) employed by a covered educational institution offering approved veterans education courses. The VA may disapprove any course of education offered by a covered educational institution that does not ensure that an SCO meets such requirements. (A covered educational institution is an institution that has enrolled 20 or more individuals using veterans educational assistance.) (Sec. 7) A reporting fee paid by the VA to an educational institution or joint apprenticeship training committee after the date of enactment of the Post-9/11 Veterans Educational Assistance Improvements Act of 2011 with respect to an institution that has 75 or more enrollees may not be used for or merged with amounts available for the general fund of the educational institution or joint apprenticeship training committee. (Sec. 8) The VA Inspector General shall apply heightened scrutiny to any education program if any federal or state agency has made a final judgment or settlement that the program used deceptive or misleading practices that are potentially in violation of advertising, sales, and enrollment practices. The VA shall: (1) provide notice of, and the reasons for, such heightened scrutiny to an individual who is enrolled in an approved course and entitled to educational assistance; and (2) advise such individual to request a transcript and seek counseling about transferring any credits earned. The VA shall: (1) monitor allegations of deceptive and misleading practices made against educational programs; and (2) include information about any such allegation on the GI Bill Comparison Tool or any similar VA website. (Sec. 9) The VA shall: (1) disapprove a course of education provided by an institution of higher learning if the VA determines, pursuant to such heightened scrutiny, that the institution has engaged in deceptive or misleading practices; and (2) provide transfer counseling services to individuals enrolled in a disapproved course. | {"src": "billsum_train", "title": "Veterans Success on Campus Act of 2016"} | 2,501 | 623 | 0.541434 | 1.81426 | 0.683271 | 3.674912 | 3.855124 | 0.904594 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Conservation Reauthorization
Act of 1998''.
SEC. 2. ENERGY POLICY AND CONSERVATION ACT AMENDMENTS.
(a) Interagency Working Groups.--Section 256(h) of the Energy
Policy and Conservation Act (42 U.S.C. 6276(h)) is amended to read as
follows:
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for fiscal years 1999 through 2003 such
sums as may be necessary to carry out subsections (d) and (e), to be
divided equitably between the interagency working subgroups based on
program requirements.''.
(b) State Energy Conservation Program.--Section 365(f) of the
Energy Policy and Conservation Act (42 U.S.C. 6325(f)) is amended to
read as follows:
``(f) For the purpose of carrying out this part, there are
authorized to be appropriated for fiscal years 1999 through 2003 such
sums as may be necessary.''.
(c) Schools and Hospitals.--Section 397 the Energy Policy and
Conservation Act (42 U.S.C. 6371f) is amended to read as follows:
``authorization of appropriations
``Sec. 397. For the purpose of carrying out this part, there are
authorized to be appropriated for fiscal years 1999 through 2003 such
sums as may be necessary.''.
SEC. 3. ENERGY CONSERVATION AND PRODUCTION ACT AMENDMENT.
Section 422 of the Energy Conservation and Production Act (42
U.S.C. 6872) is amended to read as follows:
``authorization of appropriations
``Sec. 422. For the purpose of carrying out the weatherization
program under this part, there are authorized to be appropriated for
fiscal years 1999 through 2003 such sums as may be necessary.''.
SEC. 4. ENERGY SAVINGS PERFORMANCE CONTRACTS.
(a) Sunset.--Section 801(c) of the National Energy Conservation
Policy Act (42 U.S.C. 8287(c)) is amended by striking ``five years
after'' and all that follows through ``subsection (b)'' and inserting
``on October 1, 2003''.
(b) Definition.--Section 804(1) of the National Energy Conservation
Policy Act (42 U.S.C. 8287c(1)) is amended to read as follows:
``(1) The term `Federal agency' means each authority of the
Government of the United States, whether or not it is within or
subject to review by another agency.''.
SEC. 5. TECHNICAL AMENDMENTS.
(a) Energy Policy and Conservation Act.--The Energy Policy and
Conservation Act is amended--
(1) in the table of contents--
(A) by striking ``Sec. 301.'' and all that follows
through ``Reports to Congress.'.'';
(B) by striking ``efficiency'' and inserting
``conservation'' in the item relating to section 325;
(C) by striking ``and private labelers'' in the
item relating to section 326;
(D) by striking the items relating to part E of
title III;
(E) by inserting after the items relating to part I
of title III the following:
``Part J--Encouraging the Use of Alternative Fuels
``Sec. 400AA. Alternative fuel use by light duty Federal vehicles.
``Sec. 400BB. Alternative fuels truck commercial application program.
``Sec. 400CC. Alternative fuels bus program.
``Sec. 400DD. Interagency Commission on Alternative Motor Fuels.
``Sec. 400EE. Studies and reports.'';
(F) by inserting ``Environmental'' after ``Energy
Supply and'' in the item relating to section 505; and
(G) by striking the item relating to section 527;
(2) in section 321(1) (42 U.S.C. 6291(1))--
(A) by striking ``section 501(1) of the Motor
Vehicle Information and Cost Savings Act'' and
inserting ``section 32901(a)(3) of title 49, United
States Code''; and
(B) by striking the second period at the end
thereof;
(3) in section 322(b)(2)(A) (42 U.S.C. 6292(b)(2)(A)) by
inserting close quotation marks after ``type of product'';
(4) in section 324(a)(2)(C)(ii) (42 U.S.C.
6294(a)(2)(C)(ii)) by striking ``section 325(j)'' and inserting
``section 325(i)'';
(5) in section 325 (42 U.S.C. 6295)--
(A) by striking ``paragraphs'' in subsection
(e)(4)(A) and inserting ``paragraph''; and
(B) by striking ``Ballasts;'' in the heading of
subsection (g) and inserting ``Ballasts'';
(6) in section 336(c)(2) (42 U.S.C. 6306(c)(2)) by striking
``section 325(k)'' and inserting ``section 325(n)'';
(7) in section 345(c) (42 U.S.C. 6316(c)) by inserting
``standard'' after ``meets the applicable'';
(8) in section 362 (42 U.S.C. 6322)--
(A) by inserting ``of'' after ``of the
implementation'' in subsection (a)(1); and
(B) by striking ``subsection (g)'' and inserting
``subsection (f)(2)'' in subsection (d)(12);
(9) in section 391(2)(B) (42 U.S.C. 6371(2)(B)) by striking
the period at the end and inserting a semicolon;
(10) in section 394(a) (42 U.S.C. 6371c(a))--
(A) by striking the commas at the end of paragraphs
(1), (3), and (5) and inserting semicolons;
(B) by striking the period at the end of paragraph
(2) and inserting a semicolon; and
(C) by striking the colon at the end of paragraph
(6) and inserting a semicolon;
(11) in section 400 (42 U.S.C. 6371i) by striking ``(a)'';
(12) in section 400D(a) (42 U.S.C. 6372c(a)) by striking
the commas at the end of paragraphs (1), (2), and (3) and
inserting semicolons;
(13) in section 400I(b) (42 U.S.C. 6372h(b)) by striking
``Secretary shall,'' and inserting ``Secretary shall'';
(14) in section 400AA (42 U.S.C. 6374) by redesignating
subsection (i) as subsection (h);
(15) in section 503 (42 U.S.C. 6383)--
(A) by striking ``with repect to'' and inserting
``with respect to'' in subsection (b); and
(B) by striking ``controlling'' and inserting ``,
controlling,'' in subsection (c)(1); and
(16) in section 552(d)(5)(A) (42 U.S.C. 6422(d)(5)(A)) by
striking ``notion'' and inserting ``motion''.
(b) Energy Conservation and Production Act.--The Energy
Conservation and Production Act is amended--
(1) in the table of contents--
(A) by striking ``rules and regulations'' and
inserting ``regulations and rulings'' in the item
relating to section 106; and
(B) by striking the item relating to section 207
and inserting the following:
``Sec. 207. State utility regulatory assistance.
``Sec. 208. Authorization of appropriations.''; and
(2) in section 202 (42 U.S.C. 6802) by striking ``(b)
Definitions.--''.
(c) National Energy Conservation Policy Act.--The National Energy
Conservation Policy Act is amended--
(1) in the table of contents--
(A) by striking ``, installation, and financing''
and inserting ``and installation'' in the item relating
to section 216;
(B) by striking ``Ratings'' and inserting ``Rating
Guidelines'' in the item relating to part 6 of title
II;
(C) by striking the item relating to section 304;
and
(D) by striking ``goals'' and inserting
``requirements'' in the item relating to section 543;
(2) in section 216(d)(1)(C) (42 U.S.C. 8217(d)(1)(C)) by
striking ``explictly'' and inserting ``explicitly'';
(3) in section 251(b)(1) (42 U.S.C. 8231(b)(1))--
(A) by striking ``National Housing Act to
projects'' and inserting ``National Housing Act) to
projects''; and
(B) by striking ``accure'' and inserting
``accrue'';
(4) in section 266 (42 U.S.C. 8235e) by striking ``(17
U.S.C.'' and inserting ``(15 U.S.C.''; and
(5) in section 551(8) (42 U.S.C. 8259(8)) by striking
``goethermal'' and inserting ``geothermal''.
SEC. 6. MATERIALS ALLOCATION AUTHORITY EXTENSION.
Section 104(b) of the Energy Policy and Conservation Act is amended
by striking ``(1) The authority'' and all that follows through ``(2)''.
SEC. 7. BIODIESEL FUEL USE CREDITS.
(a) Amendment.--Title III of the Energy Policy Act of 1992 (42
U.S.C. 13211-13219) is amended by adding at the end the following new
section:
``SEC. 312. BIODIESEL FUEL USE CREDITS.
``(a) Allocation of Credits.--
``(1) In general.--The Secretary shall allocate one credit
under this section to a fleet or covered person for each
qualifying volume of the biodiesel component of fuel containing
at least 20 percent biodiesel by volume purchased after the
date of the enactment of this section for use by the fleet or
covered person in vehicles owned or operated by the fleet or
covered person that weigh more than 8,500 pounds gross vehicle
weight rating.
``(2) Exceptions.--No credits shall be allocated under
paragraph (1) for a purchase of biodiesel--
``(A) for use in alternative fueled vehicles; or
``(B) that is required by Federal or State law.
``(3) Authority to modify percentage.--The Secretary may,
by rule, lower the 20 percent biodiesel volume requirement in
paragraph (1) for reasons related to cold start, safety, or
vehicle function considerations.
``(4) Documentation.--A fleet or covered person seeking a
credit under this section shall provide written documentation
to the Secretary supporting the allocation of a credit to such
fleet or covered person under paragraph (1).
``(b) Use of Credits.--
``(1) In general.--At the request of a fleet or covered
person allocated a credit under subsection (a), the Secretary
shall, for the year in which the purchase of a qualifying
volume is made, treat that purchase as the acquisition of one
alternative fueled vehicle the fleet or covered person is
required to acquire under this title, title IV, or title V.
``(2) Limitation.--Credits allocated under subsection (a)
may not be used to satisfy more than 50 percent of the
alternative fueled vehicle requirements of a fleet or covered
person under this title, title IV, and title V. This paragraph
shall not apply to a fleet or covered person that is a
biodiesel alternative fuel provider described in section
501(a)(2)(A).
``(c) Credit Not a Section 508 Credit.--A credit under this section
shall not be considered a credit under section 508.
``(d) Issuance of Rule.--The Secretary shall, before January 1,
1999, issue a rule establishing procedures for the implementation of
this section.
``(e) Collection of Data.--The Secretary shall collect such data as
are required to make a determination described in subsection (f)(2)(B).
``(f) Definitions.--For purposes of this section--
``(1) the term `biodiesel' means a diesel fuel substitute
produced from nonpetroleum renewable resources that meets the
registration requirements for fuels and fuel additives
established by the Environmental Protection Agency under
section 211 of the Clean Air Act; and
``(2) the term `qualifying volume' means--
``(A) 450 gallons; or
``(B) if the Secretary determines by rule that the
average annual alternative fuel use in light duty
vehicles by fleets and covered persons exceeds 450
gallons or gallon equivalents, the amount of such
average annual alternative fuel use.''.
(b) Table of Contents Amendment.--The table of contents of the
Energy Policy Act of 1992 is amended by adding at the end of the items
relating to title III the following new item:
``Sec. 312. Biodiesel fuel use credits.''. | Energy Conservation Reauthorization Act of 1998 - Amends the Energy Policy and Conservation Act to authorize appropriations for FY 1999 through 2003 for: (1) State energy conservation programs; and (2) the energy conservation program for schools and hospitals.
(Sec. 3) Amends the Energy Conservation and Production Act to authorize appropriations for FY 1999 through 2003 to implement the weatherization program.
(Sec. 4) Amends the National Energy Conservation Policy Act to extend until October 1, 2003, Federal agency authority to enter into new energy savings performance contracts.
(Sec. 6) Repeals termination of the President's authority to require either allocation or priority contract performance of materials supplies and equipment in order to maximize domestic energy supplies under certain energy contingencies (thereby making such authority permanent).
(Sec. 7) Amends the Energy Policy Act of 1992 to set forth a statutory mechanism for the allocation of credit for specified biodiesel fuel use by a fleet or covered person.
Requires the Secretary to allocate one credit to a fleet or covered person for each qualifying volume of the biodiesel component of fuel containing at least 20 percent biodiesel by volume (B-20) purchased for use by the fleet or covered person in vehicles owned or operated by the fleet or covered person that weigh more than 8,500 pounds gross vehicle weight rating. Permits the Secretary to lower the B-20 requirement for reasons related to cold start, safety, or vehicle function considerations.
Prohibits the allocation of credits for a purchase of biodiesel: (1) for use in alternative fueled vehicles; or (2) that is required by Federal or State law.
Requires the Secretary, upon the request of a fleet or covered person receiving a credit allocation, to treat that purchase as the acquisition of one alternative fueled vehicle which the fleet or covered person is required to acquire by such Act.
(Sec. 8) Requires the head of each Federal agency to report annually to the Congress on compliance with the alternative fuel purchasing requirements for Federal fleets, including a plan with specific dates for achieving compliance. Requires public dissemination of such reports in the Federal Register and on the Internet. | {"src": "billsum_train", "title": "Energy Conservation Reauthorization Act of 1998"} | 3,247 | 470 | 0.482134 | 1.326491 | 0.695106 | 3.48301 | 6.245146 | 0.837379 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Agricultural Products
Market Access Act of 1997''.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) The export of agricultural products is of vital
importance to the economy of the United States.
(2) In 1995, agriculture was the largest positive
contributor to the United States merchandise trade balance with
a trade surplus of $25,800,000,000.
(3) The growth of United States agricultural exports should
continue to be an important factor in improving the United
States merchandise trade balance.
(4) Increasing the volume of agricultural exports will
increase farm income in the United States, thereby protecting
family farms and contributing to the economic well-being of
rural communities in the United States.
(5) Although the United States efficiently produces high-
quality agricultural products, United States producers cannot
realize their full export potential because many foreign
countries deny fair and equitable market access to United
States agricultural products.
(6) The Foreign Agricultural Service estimates that United
States agricultural exports are reduced by $4,700,000,000
annually due to unjustifiable imposition of sanitary and
phytosanitary measures that deny or limit market access to
United States products.
(7) The denial of fair and equitable market access for
United States agricultural products impedes the ability of
United States farmers to export their products, thereby harming
the economic interests of the United States.
(b) Purposes.--The purposes of this Act are--
(1) to reduce or eliminate foreign unfair trade practices
and to remove constraints on fair and open trade in
agricultural products;
(2) to ensure fair and equitable market access for exports
of United States agricultural products; and
(3) to promote free and fair trade in agricultural
products.
SEC. 3. IDENTIFICATION OF COUNTRIES THAT DENY MARKET ACCESS.
(a) Identification Required.--Chapter 8 of title I of the Trade Act
of 1974 is amended by adding at the end the following:
``SEC. 183. IDENTIFICATION OF COUNTRIES THAT DENY MARKET ACCESS FOR
AGRICULTURAL PRODUCTS.
``(a) In General.--Not later than the date that is 30 days after
the date on which the annual report is required to be submitted to
Congressional committees under section 181(b), the United States Trade
Representative (hereafter in this section referred to as the `Trade
Representative') shall identify--
``(1) those foreign countries that--
``(A) deny fair and equitable market access to
United States agricultural products, or
``(B) apply standards for the importation of
agricultural products from the United States that are
not related to public health concerns or cannot be
substantiated by reliable analytical methods; and
``(2) those foreign countries identified under paragraph
(1) that are determined by the Trade Representative to be
priority foreign countries.
``(b) Special Rules for Identifications.--
``(1) Criteria.--In identifying priority foreign countries
under subsection (a)(2), the Trade Representative shall only
identify those foreign countries--
``(A) that engage in or have the most onerous or
egregious acts, policies, or practices that deny fair
and equitable market access to United States
agricultural products,
``(B) whose acts, policies, or practices described
in subparagraph (A) have the greatest adverse impact
(actual or potential) on the relevant United States
products, and
``(C) that are not--
``(i) entering into good faith
negotiations, or
``(ii) making significant progress in
bilateral or multilateral negotiations,
to provide fair and equitable market access to United
States agricultural products.
``(2) Consultation and consideration requirements.--In
identifying priority foreign countries under subsection (a)(2),
the Trade Representative shall--
``(A) consult with the Secretary of Agriculture and
other appropriate officers of the Federal Government,
and
``(B) take into account information from such
sources as may be available to the Trade Representative
and such information as may be submitted to the Trade
Representative by interested persons, including
information contained in reports submitted under
section 181(b) and petitions submitted under section
302.
``(3) Factual basis requirement.--The Trade Representative
may identify a foreign country under subsection (a)(1) only if
the Trade Representative finds that there is a factual basis
for the denial of fair and equitable market access as a result
of the violation of international law or agreement, or the
existence of barriers, referred to in subsection (d).
``(4) Consideration of historical factors.--In identifying
foreign countries under paragraphs (1) and (2) of subsection
(a), the Trade Representative shall take into account--
``(A) the history of agricultural trade relations
with the foreign country, including any previous
identification under subsection (a)(2), and
``(B) the history of efforts of the United States,
and the response of the foreign country, to achieve
fair and equitable market access for United States
agricultural products.
``(c) Revocations and Additional Identifications.--
``(1) Authority to act at any time.--If information
available to the Trade Representative indicates that such
action is appropriate, the Trade Representative may at any
time--
``(A) revoke the identification of any foreign
country as a priority foreign country under this
section, or
``(B) identify any foreign country as a priority
foreign country under this section.
``(2) Revocation reports.--The Trade Representative shall
include in the semiannual report submitted to the Congress
under section 309(3) a detailed explanation of the reasons for
the revocation under paragraph (1) of the identification of any
foreign country as a priority foreign country under this
section.
``(d) Definitions.--For purposes of this section, a foreign country
denies fair and equitable market access if the foreign country
effectively denies access to a market for a product through the use of
laws, procedures, practices, or regulations which--
``(1) violate provisions of international law or
international agreements to which both the United States and
the foreign country are parties, or
``(2) constitute discriminatory nontariff trade barriers.
``(e) Publication.--The Trade Representative shall publish in the
Federal Register a list of foreign countries identified under
subsection (a) and shall make such revisions to the list as may be
required by reason of the action under subsection (c).
``(f) Annual Report.--The Trade Representative shall, not later
than the date by which countries are identified under subsection (a),
transmit to the Committee on Ways and Means and the Committee on
Agriculture of the House of Representatives and the Committee on
Finance and the Committee on Agriculture, Nutrition, and Forestry of
the Senate, a report on the actions taken under this section during the
12 months preceding such report, and the reasons for such actions,
including a description of progress made in achieving fair and
equitable market access for United States agricultural products.''.
(b) Clerical Amendment.--The table of contents for the Trade Act of
1974 is amended by inserting after the item relating to section 182 the
following:
``Sec. 183. Identification of countries that deny market access for
agricultural products.''.
SEC. 4. INVESTIGATIONS.
(a) Investigation Required.--Subparagraph (A) of section 302(b)(2)
of the Trade Act of 1974 (19 U.S.C. 2412(b)(2)) is amended by inserting
``or 183(a)(2)'' after ``section 182(a)(2)'' in the matter preceding
clause (i).
(b) Conforming Amendment.--Subparagraph (D) of section 302(b)(2) of
such Act is amended by inserting ``concerning intellectual property
rights that is'' after ``any investigation''.
SEC. 5. AUTHORIZED ACTIONS BY UNITED STATES TRADE REPRESENTATIVE.
Section 301(c)(1) of the Trade Act of 1974 (19 U.S.C. 2411(c)(1))
is amended--
(1) by striking ``or'' at the end of subparagraph (C);
(2) by striking the period at the end of subparagraph
(D)(iii)(II) and inserting ``; or''; and
(3) by adding at the end the following:
``(E) with respect to an investigation of a country
identified under section 183(a)(1), to request that the
Secretary of Agriculture (who, upon receipt of such a
request, shall) direct the Food Safety and Inspection
Service of the Department of Agriculture to review
certifications for the facilities of such country that
export meat and other agricultural products to the
United States.''. | United States Agricultural Products Market Access Act of 1997 - Amends the Trade Act of 1974 to direct the United States Trade Representative (USTR) to identify those foreign countries that: (1) deny fair and equitable market access to U.S. agricultural products or apply standards for the importation of U.S. agricultural products that are not related to public health concerns or cannot be substantiated by reliable analytical methods; and (2) are determined by the USTR to be priority foreign countries. Limits the identification of priority foreign countries to those that engage in the most onerous or egregious acts which have the greatest adverse impact on the relevant U.S. products.
Provides that if available information indicates that such action is appropriate, the USTR may at any time: (1) revoke the identification of any foreign country as a priority foreign country; or (2) identify any foreign country as a priority foreign country.
Subjects priority foreign countries to investigation by means other than a petition.
Authorizes the USTR, with respect to an investigation of a country identified as denying fair and equitable market access to U.S. agricultural products, to request the Secretary of Agriculture to direct the Food Safety and Inspection Service of the Department of Agriculture to review certifications for the facilities of such country that export meat and other agricultural products to the United States. | {"src": "billsum_train", "title": "United States Agricultural Products Market Access Act of 1997"} | 1,921 | 281 | 0.58955 | 1.752765 | 0.773127 | 4.280632 | 7.055336 | 0.920949 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mark Twain Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Samuel Clemens--better known to the world as Mark
Twain--was a unique American voice whose literary work has had
a lasting effect on our Nation's history and culture.
(2) Mark Twain remains one of the best known Americans in
the world with over 6,500 editions of his books translated into
75 languages.
(3) Mark Twain's literary and educational legacy remains
strong even today, with nearly every book he wrote still in
print, including The Adventures of Tom Sawyer and Adventures of
Huckleberry Finn--both of which have never gone out of print
since they were first published over a century ago.
(4) In the past 2 decades alone, there have been more than
100 books published and over 250 doctoral dissertations written
on Mark Twain's life and work.
(5) Even today, Americans seek to know more about the life
and work of Mark Twain, as people from around the world and
across all 50 States annually flock to National Historic
Landmarks like the Mark Twain House & Museum in Hartford, CT
and the Mark Twain Boyhood Home & Museum in Hannibal, MO.
(6) Mark Twain's work is remembered today for addressing
the complex social issues facing America at the turn of the
century, including the legacy of the Civil War, race relations,
and the economic inequalities of the ``Gilded Age''.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue the
following coins:
(1) $5 gold coins.--Not more than 100,000 $5 coins, which
shall--
(A) weigh 8.359 grams;
(B) have a diameter of 0.850 inches; and
(C) contain 90 percent gold and 10 percent alloy.
(2) $1 silver coins.--Not more than 500,000 $1 coins, which
shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain 90 percent silver and 10 percent
copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the life and legacy of Mark Twain.
(2) Designation and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``2013''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Commission of Fine Arts and the Board of the Mark Twain House
and Museum; and
(2) reviewed by the Citizens Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the 1-year period beginning on January 1,
2013.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7(a) with respect to
such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins issued under this Act shall
include a surcharge of--
(1) $35 per coin for the $5 coin; and
(2) $10 per coin for the $1 coin.
(b) Distribution.--Subject to section 5134(f)(1) of title 31,
United States Code, all surcharges received by the Secretary from the
sale of coins issued under this Act shall be promptly paid by the
Secretary as follows:
(1) \2/5\ of the surcharges, to the Mark Twain House &
Museum in Hartford, Connecticut, to support the continued
restoration of the Mark Twain house and grounds, and ensure
continuing growth and innovation in museum programming to
research, promote and educate on the legacy of Mark Twain.
(2) \1/5\ of the surcharges, to the Mark Twain Project at
the Bancroft Library of the University of California, Berkeley,
California, to support programs to study and promote Mark
Twain's legacy.
(3) \1/5\ of the surcharges, to the Center for Mark Twain
Studies at Elmira College, New York, to support programs to
study and promote Mark Twain's legacy.
(4) \1/5\ of the surcharges, to the Mark Twain Boyhood Home
and Museum in Hannibal, Missouri, to preserve historical sites
related to Mark Twain and help support programs to study and
promote his legacy.
(c) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of each of the organizations referred to in paragraphs (1), (2),
(3), and (4) of subsection (b) as may be related to the expenditures of
amounts paid under such subsection.
(d) Limitation.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, as of the time of such issuance, the
issuance of such coin would result in the number of commemorative coin
programs issued during such year to exceed the annual 2 commemorative
coin program issuance limitation under section 5112(m)(1) of title 31,
United States Code (as in effect on the date of the enactment of this
Act). The Secretary of the Treasury may issue guidance to carry out
this subsection. | Mark Twain Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue $5 gold coins and $1 silver coins emblematic of the life and legacy of Mark Twain.
Limits issuance of such coins to calendar year 2013.
Requires specified surcharges in the sale of such coins, which shall be promptly paid, in specified percentages, to: (1) the Mark Twain House & Museum in Hartford, Connecticut, to support the continued restoration of the house and grounds, and ensure continuing growth and innovation in museum programming to research, promote, and educate on the legacy of Mark Twain; (2) the Mark Twain Project at the Bancroft Library of University of California, Berkeley, California, to support programs to study and promote Mark Twain's legacy; (3) the Center for Mark Twain Studies at Elmira College, New York, for the same purposes; and (4) the Mark Twain Boyhood Home and Museum in Hannibal, Missouri, to preserve historical sites related to Mark Twain and help support study and promotion programs. | {"src": "billsum_train", "title": "To require the Secretary of the Treasury to mint coins in commemoration of Mark Twain."} | 1,654 | 239 | 0.53676 | 1.883523 | 0.758608 | 5.168317 | 7.227723 | 0.960396 |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Building American
Jobs Act of 2011''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
(c) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; amendment of 1986 Code; table of contents.
Sec. 2. Extension of Build America Bonds.
Sec. 3. Extension and additional allocations of recovery zone bond
authority.
Sec. 4. Exempt-facility bonds for sewage and water supply facilities.
Sec. 5. Extension of exemption from alternative minimum tax treatment
for certain tax-exempt bonds.
Sec. 6. Allowance of new markets tax credit against alternative minimum
tax.
Sec. 7. Extension of tax-exempt eligibility for loans guaranteed by
Federal home loan banks.
Sec. 8. Extension of temporary small issuer rules for allocation of
tax-exempt interest expense by financial
institutions.
Sec. 9. Election for refundable low-income housing credit for 2011.
SEC. 2. EXTENSION OF BUILD AMERICA BONDS.
(a) In General.--Subparagraph (B) of section 54AA(d)(1) is amended
by inserting ``or during the period beginning on the date of the
enactment of the Building American Jobs Act of 2011 and ending on
December 31, 2012,'' after ``January 1, 2011,''.
(b) Extension of Payments to Issuers.--
(1) In general.--Section 6431 is amended--
(A) by inserting ``or during the period beginning
on the date of the enactment of the Building American
Jobs Act of 2011 and ending on December 31, 2012,''
after ``January 1, 2011,'' in subsection (a), and
(B) by striking ``before January 1, 2011'' in
subsection (f)(1)(B) and inserting ``during a
particular period''.
(2) Conforming amendments.--Subsection (g) of section 54AA
is amended--
(A) by inserting ``or during the period beginning
on the date of the enactment of the Building American
Jobs Act of 2011 and ending on December 31, 2012,''
after ``January 1, 2011,'', and
(B) by striking ``Qualified Bonds Issued Before
2011'' in the heading and inserting ``Certain Qualified
Bonds''.
(c) Reduction in Percentage of Payments to Issuers.--Subsection (b)
of section 6431 is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary'',
(2) by striking ``35 percent'' and inserting ``the
applicable percentage'', and
(3) by adding at the end the following new paragraph:
``(2) Applicable percentage.--For purposes of this
subsection, the term `applicable percentage' means the
percentage determined in accordance with the following table:
----------------------------------------------------------------------------------------------------------------
``In the case of a qualified bond issued during calendar
year: The applicable percentage is:
----------------------------------------------------------------------------------------------------------------
2009 or 2010............................................... 35 percent
2011....................................................... 32 percent
2012....................................................... 31 percent.''.
----------------------------------------------------------------------------------------------------------------
(d) Current Refundings Permitted.--Subsection (g) of section 54AA
is amended by adding at the end the following new paragraph:
``(3) Treatment of current refunding bonds.--
``(A) In general.--For purposes of this subsection,
the term `qualified bond' includes any bond (or series
of bonds) issued to refund a qualified bond if--
``(i) the average maturity date of the
issue of which the refunding bond is a part is
not later than the average maturity date of the
bonds to be refunded by such issue,
``(ii) the amount of the refunding bond
does not exceed the outstanding amount of the
refunded bond, and
``(iii) the refunded bond is redeemed not
later than 90 days after the date of the
issuance of the refunding bond.
``(B) Applicable percentage.--In the case of a
refunding bond referred to in subparagraph (A), the
applicable percentage with respect to such bond under
section 6431(b) shall be the lowest percentage
specified in paragraph (2) of such section.
``(C) Determination of average maturity.--For
purposes of subparagraph (A)(i), average maturity shall
be determined in accordance with section
147(b)(2)(A).''.
(e) Clarification Related to Levees and Flood Control Projects.--
Subparagraph (A) of section 54AA(g)(2) is amended by inserting
``(including capital expenditures for levees and other flood control
projects)'' after ``capital expenditures''.
SEC. 3. EXTENSION AND ADDITIONAL ALLOCATIONS OF RECOVERY ZONE BOND
AUTHORITY.
(a) Extension of Recovery Zone Bond Authority.--Section 1400U-
2(b)(1) and section 1400U-3(b)(1)(B) are each amended by inserting ``or
during the period beginning on the date of the enactment of the
Building American Jobs Act of 2011 and ending on December 31, 2011,''
after ``January 1, 2011,''.
(b) Additional Allocations of Recovery Zone Bond Authority Based on
Unemployment.--Section 1400U-1 is amended by adding at the end the
following new subsection:
``(c) Allocation of 2011 Recovery Zone Bond Limitations Based on
Unemployment.--
``(1) In general.--The Secretary shall allocate the 2011
national recovery zone economic development bond limitation and
the 2011 national recovery zone facility bond limitation among
the States in the proportion that each such State's 2009
unemployment number bears to the aggregate of the 2009
unemployment numbers for all of the States.
``(2) Minimum allocation.--The Secretary shall adjust the
allocations under paragraph (1) for each State to the extent
necessary to ensure that no State (prior to any reduction under
paragraph (3)) receives less than 0.9 percent of the 2011
national recovery zone economic development bond limitation and
0.9 percent of the 2011 national recovery zone facility bond
limitation.
``(3) Allocations by states.--
``(A) In general.--Each State with respect to which
an allocation is made under paragraph (1) shall
reallocate such allocation among the counties and large
municipalities (as defined in subsection (a)(3)(B)) in
such State in the proportion that each such county's or
municipality's 2009 unemployment number bears to the
aggregate of the 2009 unemployment numbers for all the
counties and large municipalities (as so defined) in
such State.
``(B) 2011 allocation reduced by amount of previous
allocation.--Each State shall reduce (but not below
zero)--
``(i) the amount of the 2011 national
recovery zone economic development bond
limitation allocated to each county or large
municipality (as so defined) in such State by
the amount of the national recovery zone
economic development bond limitation allocated
to such county or large municipality under
subsection (a)(3)(A) (determined without regard
to any waiver thereof), and
``(ii) the amount of the 2011 national
recovery zone facility bond limitation
allocated to each county or large municipality
(as so defined) in such State by the amount of
the national recovery zone facility bond
limitation allocated to such county or large
municipality under subsection (a)(3)(A)
(determined without regard to any waiver
thereof).
``(C) Waiver of suballocations.--A county or
municipality may waive any portion of an allocation
made under this paragraph. A county or municipality
shall be treated as having waived any portion of an
allocation made under this paragraph which has not been
allocated to a bond issued before May 1, 2011. Any
allocation waived (or treated as waived) under this
subparagraph may be used or reallocated by the State.
``(D) Special rule for a municipality in a
county.--In the case of any large municipality any
portion of which is in a county, such portion shall be
treated as part of such municipality and not part of
such county.
``(4) 2009 unemployment number.--For purposes of this
subsection, the term `2009 unemployment number' means, with
respect to any State, county or municipality, the number of
individuals in such State, county, or municipality who were
determined to be unemployed by the Bureau of Labor Statistics
for December 2009.
``(5) 2011 national limitations.--
``(A) Recovery zone economic development bonds.--
The 2011 national recovery zone economic development
bond limitation is $10,000,000,000. Any allocation of
such limitation under this subsection shall be treated
for purposes of section 1400U-2 in the same manner as
an allocation of national recovery zone economic
development bond limitation.
``(B) Recovery zone facility bonds.--The 2011
national recovery zone facility bond limitation is
$15,000,000,000. Any allocation of such limitation
under this subsection shall be treated for purposes of
section 1400U-3 in the same manner as an allocation of
national recovery zone facility bond limitation.''.
(c) Authority of State To Waive Certain 2009 Allocations.--
Subparagraph (A) of section 1400U-1(a)(3) is amended by adding at the
end the following: ``A county or municipality shall be treated as
having waived any portion of an allocation made under this subparagraph
which has not been allocated to a bond issued before May 1, 2011. Any
allocation waived (or treated as waived) under this subparagraph may be
used or reallocated by the State.''.
SEC. 4. EXEMPT-FACILITY BONDS FOR SEWAGE AND WATER SUPPLY FACILITIES.
(a) Bonds for Water and Sewage Facilities Exempt From Volume Cap on
Private Activity Bonds.--
(1) In general.--Paragraph (3) of section 146(g) is amended
by inserting ``(4), (5),'' after ``(2),''.
(2) Conforming amendment.--Paragraphs (2) and (3)(B) of
section 146(k) are both amended by striking ``(4), (5), (6),''
and inserting ``(6)''.
(b) Tax-Exempt Issuance by Indian Tribal Governments.--
(1) In general.--Subsection (c) of section 7871 is amended
by adding at the end the following new paragraph:
``(4) Exception for bonds for water and sewage
facilities.--Paragraph (2) shall not apply to an exempt
facility bond 95 percent or more of the net proceeds (as
defined in section 150(a)(3)) of which are to be used to
provide facilities described in paragraph (4) or (5) of section
142(a).''.
(2) Conforming amendment.--Paragraph (2) of section 7871(c)
is amended by striking ``paragraph (3)'' and inserting
``paragraphs (3) and (4)''.
(c) Effective Date.--The amendments made by this section shall
apply to obligations issued on or after the date of the enactment of
this Act.
SEC. 5. EXTENSION OF EXEMPTION FROM ALTERNATIVE MINIMUM TAX TREATMENT
FOR CERTAIN TAX-EXEMPT BONDS.
(a) In General.--Clause (vi) of section 57(a)(5)(C) is amended--
(1) by inserting ``or during the period beginning on the
date of the enactment of the Building American Jobs Act of 2011
and ending on December 31, 2011,'' after ``January 1, 2011,'',
and
(2) by striking ``Exception for bonds issued in 2009 and
2010'' in the heading and inserting ``Temporary exception''.
(b) Adjusted Current Earnings.--Clause (iv) of section 56(g)(4)(B)
is amended--
(1) by inserting ``or during the period beginning on the
date of the enactment of the Building American Jobs Act of 2011
and ending on December 31, 2011,'' after ``January 1, 2011,'',
and
(2) by striking ``Tax exempt interest on bonds issued in
2009 and 2010'' in the heading and inserting ``Temporary
exclusion of tax exempt bond interest''.
(c) Effective Date.--The amendments made by this section shall
apply to obligations issued on or after the date of the enactment of
this Act.
SEC. 6. ALLOWANCE OF NEW MARKETS TAX CREDIT AGAINST ALTERNATIVE MINIMUM
TAX.
(a) In General.--Subparagraph (B) of section 38(c)(4) is amended by
redesignating clauses (v) through (ix) as clauses (vi) through (x),
respectively, and by inserting after clause (iv) the following new
clause:
``(v) the credit determined under section
45D, but only with respect to credits
determined with respect to qualified equity
investments (as defined in section 45D(b))
initially made before January 1, 2012,''.
(b) Effective Date.--The amendments made by this section shall
apply to credits determined with respect to qualified equity
investments (as defined in section 45D(b) of the Internal Revenue Code
of 1986) initially made after the date of the enactment of this Act.
SEC. 7. EXTENSION OF TAX-EXEMPT ELIGIBILITY FOR LOANS GUARANTEED BY
FEDERAL HOME LOAN BANKS.
(a) In General.--Clause (iv) of section 149(b)(3)(A) is amended by
inserting ``or during the period beginning on the date of the enactment
of the Building American Jobs Act of 2011 and ending on December 31,
2011,'' after ``December 31, 2010''.
(b) Effective Date.--The amendment made by this section shall apply
to obligations issued on or after the date of the enactment of this
Act.
SEC. 8. EXTENSION OF TEMPORARY SMALL ISSUER RULES FOR ALLOCATION OF
TAX-EXEMPT INTEREST EXPENSE BY FINANCIAL INSTITUTIONS.
(a) In General.--Clauses (i), (ii), and (iii) of section
265(b)(3)(G) are each amended by striking ``or 2010'' and inserting ``,
2010, or 2011''.
(b) Conforming Amendment.--Subparagraph (G) of section 265(b)(3) is
amended by striking ``and 2010'' in the heading and inserting ``, 2010,
and 2011''.
(c) Effective Date.--The amendments made by this section shall
apply to obligations issued after December 31, 2010.
SEC. 9. ELECTION FOR REFUNDABLE LOW-INCOME HOUSING CREDIT FOR 2011.
(a) In General.--Section 42 is amended by redesignating subsection
(n) as subsection (o) and by inserting after subsection (m) the
following new subsection:
``(n) Election for Refundable Credits.--
``(1) In general.--The housing credit agency of each State
shall be allowed a credit in an amount equal to such State's
2011 low-income housing refundable credit election amount which
shall be payable by the Secretary as provided in paragraph (5).
``(2) 2011 low-income housing refundable credit election
amount.--For purposes of this subsection, the term `2011 low-
income housing refundable credit election amount' means, with
respect to any State, such amount as the State may elect which
does not exceed 85 percent of the product of--
``(A) the sum of--
``(i) 100 percent of the State housing
credit ceiling for 2011 which is attributable
to amounts described in clauses (i) and (iii)
of subsection (h)(3)(C), and
``(ii) 40 percent of the State housing
credit ceiling for 2011 which is attributable
to amounts described in clauses (ii) and (iv)
of such subsection, multiplied by
``(B) 10.
``(3) Coordination with non-refundable credit.--For
purposes of this section, the amounts described in clauses (i)
through (iv) of subsection (h)(3)(C) with respect to any State
for 2011 shall each be reduced by so much of such amount as is
taken into account in determining the amount of the credit
allowed with respect to such State under paragraph (1).
``(4) Special rule for basis.--Basis of a qualified low-
income building shall not be reduced by the amount of any
payment made under this subsection.
``(5) Payment of credit; use to finance low-income
buildings.--The Secretary shall pay to the housing credit
agency of each State an amount equal to the credit allowed
under paragraph (1). Rules similar to the rules of subsections
(c) and (d) of section 1602 of the American Recovery and
Reinvestment Tax Act of 2009 shall apply with respect to any
payment made under this paragraph, except that such subsection
(d) shall be applied by substituting `January 1, 2013' for
`January 1, 2011'.''.
(b) Conforming Amendment.--Section 1324(b)(2) of title 31, United
States Code, is amended by inserting ``42(n),'' after ``36A,''. | Building American Jobs Act of 2011 - Amends the Internal Revenue Code, with respect to the Build America Bond program, to: (1) extend until December 31, 2012, the authority to issue such bonds and the authority for payments to issuers of such bonds; (2) reduce the percentage rate of payments to issuers in 2011 and 2012; (3) allow refundings of currently issued bonds; and (4) allow the use of Build America bonds to fund capital expenditures for levees and flood control projects.
Extends through 2011 the authority to issue recovery zone economic development bonds. Requires the Secretary of the Treasury to allocate 2011 national limitations on such bonds based upon state unemployment statistics.
Exempts private activity bonds for sewage and water supply facilities from the state volume caps applicable to such bonds. Allows Indian tribal governments to issue tax-exempt private activity bonds to provide water or sewage facilities.
Extends through 2011: (1) the exemption from alternative minimum tax (AMT) treatment of interest on certain tax-exempt bonds, (2) the tax exemption allowed for interest on bonds guaranteed by a federal home loan bank, and (3) small issuer rules for the allocation of tax-exempt interest expense by financial institutions.
Allows a full offset against the AMT for new market tax credit amounts.
Allows taxpayers to elect payments in lieu of low-income housing tax credits in 2011 for low-income buildings financed by tax-exempt bonds. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to create jobs through increased investment in infrastructure, and for other purposes."} | 4,085 | 306 | 0.581702 | 1.778181 | 0.768107 | 2.438163 | 12.318021 | 0.883392 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Free Trade With Cuba Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) with the end of the Cold War and the collapse of the
Soviet Union, Cuba is no longer a threat to the United States
or the Western Hemisphere;
(2) the continuation of the embargo on trade between the
United States and Cuba that was declared in February of 1962 in
counterproductive, adding to the hardships of the Cuban people
while making the United States the scapegoat for the failures
of the communist system;
(3) in the former Soviet Union, the Eastern bloc countries,
China, and Vietnam, the United States is using economic,
cultural, academic, and scientific engagement to support its
policy of promoting democratic and human rights reforms; and
(4) the United States can best support democratic change in
Cuba by promoting trade and commerce, travel, communications,
and cultural, academic, and scientific exchanges.
SEC. 3. REMOVAL OF PROVISIONS RESTRICTING TRADE AND OTHER RELATIONS
WITH CUBA.
(a) Authority for Embargo and Sugar Quota.--Section 620(a) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2370(a)) is repealed.
(b) Trading With the Enemy Act.--The authorities conferred upon the
President by section 5(b) of the Trading With the Enemy Act, which were
being exercised with respect to Cuba on July 1, 1977, as a result of a
national emergency declared by the President before that date, and are
being exercised on the day before the effective date of this Act, may
not be exercised on or after such effective date with respect to Cuba.
Any regulations in effect on the day before such effective date
pursuant to the exercise of such authorities shall cease to be
effective on such date.
(c) Exercise of Authorities Under Other Provisions of Law.--
(1) Removal of prohibitions.--Any prohibition on exports to
Cuba that is in effect on the day before the effective date of
this Act under the Export Administration Act of 1979 shall
cease to be effective on such effective date.
(2) Authority for new restrictions.--The President may, on
and after the effective date of this Act--
(A) impose export controls with respect to Cuba
under section 5, 6(j), 6(l), or 6(m) of the Export
Administration Act of 1979, and
(B) exercise the authorities he has under the
International Emergency Economic Powers Act with
respect to Cuba pursuant to a declaration of national
emergency required by that Act that is made on account
of an unusual and extraordinary threat, that did not
exist before the enactment of this Act, to the national
security, foreign policy, or economy of the United
States.
(d) Cuban Democracy Act.--The Cuban Democracy Act of 1992 (22
U.S.C. 6001 and following) is repealed.
(e) Repeal of Cuban Liberty and Democratic Solidarity (LIBERTAD)
Act of 1996.--
(1) Repeal.--The Cuban Liberty and Democratic Solidarity
(LIBERTAD) Act of 1996 is repealed.
(2) Conforming amendments.--(A) Section 498A of the Foreign
Assistance Act of 1961 (22 U.S.C. 2295a) is amended--
(i) in subsection (a)(11) by striking ``and
intelligence facilities, including the military and
intelligence facilities at Lourdes and Cienfuegos,''
and inserting ``facilities,'';
(ii) in subsection (b)--
(I) in paragraph (4) by adding ``and''
after the semicolon;
(II) by striking paragraph (5); and
(III) by redesignating paragraph (6) as
paragraph (5); and
(iii) by striking subsection (d).
(B) Section 498B(k) of the Foreign Assistance Act of 1961
(22 U.S.C. 2295b(k)) is amended by striking paragraphs (3) and
(4).
(C) Section 1611 of title 28, United States Code, is
amended by striking subsection (c).
(D) Sections 514 and 515 of the International Claims
Settlement Act of 1949 (22 U.S.C. 1643l and 1643m) are
repealed.
(f) Trade Sanctions Reform and Export Enhancement Act of 2000.--The
Trade Sanctions Reform and Export Enhancement Act of 2000 (title IX of
H.R. 5426, as enacted into law by section 1(a) of Public Law 106-387,
and as contained in the appendix of such Public Law) is amended--
(1) in section 906(a)(1)--
(A) by striking ``to Cuba or''; and
(B) by inserting ``(other than Cuba)'' after ``to
the government of a country'';
(2) in section 908--
(A) by striking subsection (b);
(B) in subsection (a)--
(i) by striking ``Prohibition'' and all
that follows through ``(1) In general.--'' and
inserting ``In General.--''
(ii) by striking ``for exports to Cuba
or'';
(iii) by striking paragraph (2); and
(iv) by redesignating paragraph (3) as
subsection (b) (and conforming the margin
accordingly); and
(C) in subsection (b) (as redesignated), by
striking ``paragraph (1)'' and inserting ``subsection
(a)'';
(3) by striking section 909;
(4) by striking section 910; and
(5) by redesignating section 911 as section 909.
(g) Repeal of Prohibition on Transactions or Payments With Respect
to Certain United States Intellectual Property.--Section 211 of the
Department of Commerce and Related Agencies Appropriations Act, 1999
(as contained in section 101(b) of division A of Public Law 105-277;
112 Stat. 2681-88) is repealed.
(h) Termination of Denial of Foreign Tax Credit With Respect to
Cuba.--Subparagraph (A) of section 901(j)(2) of the Internal Revenue
Code of 1986 (relating to denial of foreign tax credit, etc., with
respect to certain foreign countries) is amended by adding at the end
thereof the following new flush sentence:
``Notwithstanding the preceding sentence, this
subsection shall not apply to Cuba after the date which
is 60 days after the date of the enactment of this
sentence.''.
(i) Sugar Quota Prohibition Under Food Security Act of 1985.--
Section 902(c) of the Food Security Act of 1985 is repealed.
SEC. 4. TELECOMMUNICATIONS EQUIPMENT AND FACILITIES.
Any common carrier within the meaning of section 3 of the
Communications Act of 1934 (47 U.S.C. 153) is authorized to install,
maintain, and repair telecommunications equipment and facilities in
Cuba, and otherwise provide telecommunications services between the
United States and Cuba. The authority of this section includes the
authority to upgrade facilities and equipment.
SEC. 5. TRAVEL.
(a) In General.--Travel to and from Cuba by individuals who are
citizens or residents of the United States, and any transactions
ordinarily incident to such travel, may not be regulated or prohibited
if such travel would be lawful in the United States.
(b) Transactions Incident to Travel.--Any transactions ordinarily
incident to travel which may not be regulated or prohibited under
subsection (a) include, but are not limited to--
(1) transactions ordinarily incident to travel or
maintenance in Cuba; and
(2) normal banking transactions involving foreign currency
drafts, traveler's checks, or other negotiable instruments
incident to such travel.
SEC. 6. DIRECT MAIL DELIVERY TO CUBA.
The United States Postal Service shall take such actions as are
necessary to provide direct mail service to and from Cuba, including,
in the absence of common carrier service between the 2 countries, the
use of charter providers.
SEC. 7. NEGOTIATIONS WITH CUBA.
(a) Negotiations.--The President should take all necessary steps to
conduct negotiations with the Government of Cuba--
(1) for the purpose of settling claims of nationals of the
United States against the Government of Cuba for the taking of
property by such government; and
(2) for the purpose of securing the protection of
internationally recognized human rights.
(b) Definitions.--As used in this section, the terms ``national of
the United States'' and ``property'' have the meanings given those
terms in section 502 of the International Claims Settlement Act of 1949
(22 U.S.C. 1643a).
SEC. 8. EFFECTIVE DATE.
This Act shall take effect 60 days after the date of the enactment
of this Act. | Free Trade With Cuba Act - Amends the Foreign Assistance Act of 1961 (including other specified laws) to repeal the embargo placed upon all trade with Cuba.Amends the Internal Revenue Code to declare the denial of foreign tax credit inapplicable to Cuba.Permits: (1) installation and maintenance of telecommunications equipment and facilities in Cuba, including telecommunications services between the United States and Cuba; and (2) travel to and from Cuba by U.S. citizens or residents.Requires the U.S. Postal Service to provide direct mail service to and from Cuba.Urges the President to take all necessary steps to conduct negotiations with the Government of Cuba to: (1) settle claims of U.S. nationals against Cuba for the taking of property; and (2) secure protection of internationally recognized human rights. | {"src": "billsum_train", "title": "A bill to lift the trade embargo on Cuba, and for other purposes."} | 2,005 | 177 | 0.467297 | 1.265413 | 0.705873 | 3.33557 | 11.785235 | 0.892617 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Marketplace Equity Act of 2011''.
SEC. 2. AUTHORIZATION FOR STATES TO REQUIRE COLLECTION OF SALES AND USE
TAXES.
(a) Grant of Authority.--Notwithstanding any other provision of
law, a State electing, individually or through an agreement with one or
more of the several States, to satisfy the requirements of subsection
(b) is authorized to require all sellers not qualifying for the small
seller exception to collect and remit sales and use taxes with respect
to remote sales into the State without regard to the location of the
seller.
(b) Requirements for Authority.--The authorization provided under
paragraph (1) shall be granted once the State implements a simplified
system for administration of sales and use tax collection with respect
to remote sellers, which includes the following minimum requirements:
(1) Small seller exception.--An exception for remote
sellers with gross annual receipts in the preceding calendar
year from remote sales of items, services, and other products
in the United States not exceeding $1,000,000 (or such greater
amount as determined by the State involved) or in the State not
exceeding $100,000 (or such greater amount as determined by the
State).
(2) Form and filing.--A sales and use tax return for use by
remote sellers and a single revenue authority within the State
with which remote sellers are required to file the return. A
State may not require that remote sellers submit any other
sales and use tax return other than the sales and use tax
return applicable to remote sellers. A remote seller may not be
required to file sales and use tax returns any more frequently
than returns are required for other sellers. No local
jurisdiction may require a remote seller to submit a sales and
use tax return or to collect sales and use tax other than as
provided by this paragraph.
(3) Definition of tax base.--With respect to remote
sellers--
(A) products and services subject to tax must be
identical throughout the State, and
(B) any exemptions must be identical throughout the
State and may not include exemptions for products and
services that are not exempt when sold by other than
remote sellers.
(4) Sales and use tax rate structure.--
(A) Except as provided in subparagraph (B) of this
paragraph, remote sellers must collect sales and use
tax under one of three rate structures--
(i) a single State-wide blended rate that
includes both the State rate and applicable
rates of local jurisdictions, as determined by
the State;
(ii) the maximum State rate, which is the
highest rate at which sellers are required by
the State to collect tax, exclusive of tax
imposed by or for the specific benefit of local
jurisdictions; or
(iii) the applicable destination rate,
which is the sum of the State rate and any
applicable rate for the local jurisdiction into
which the sale was made. If a State requires
that remote sellers collect at the applicable
destination rate, the State must make available
adequate software to remote sellers that
substantially eases the burden of collecting at
multiple rates within the State, and any State
providing such software must relieve remote
sellers from liability to that State for
collection of the incorrect amount of sales or
use tax, including any penalties or interest,
provided that collection of the improper amount
is the result of relying on information
provided by that State.
(B) A State that generally imposes a lower sales
and use tax rate for sales of food or drugs and
medicine, or both, may require remote sellers to
collect sales and use tax at such rates.
(C) The rates described in clause (i) and (ii) must
not exceed the respective average State and locality
rates applicable to sellers other than remote sellers.
(c) Commencement of Authority.--
(1) In general.--A State satisfying the requirements of
subsection (b) may exercise the authority granted in subsection
(a) beginning on the first day of the calendar quarter at least
six months after the date that the State publishes the public
notice described in paragraph (2).
(2) Notice requirements.--The public notice required in
paragraph (1) must include the following information for remote
sellers:
(A) The title and reference to the legislation that
the State has enacted requiring remote sellers to
collect sales and use tax.
(B) The criteria under which remote sellers are
required to collect sales and use tax under the State
legislation.
(C) The rate or rates at which affected remote
sellers will be required to collect sales and use tax.
(D) The date upon which affected remote sellers
will be required to begin collecting sales and use tax.
(E) References to compliance information and the
form to be filed by remote sellers.
(d) Termination of Authority.--The authorization provided under
subsection (a) shall terminate for a State that no longer satisfies the
requirements of subsection (b) on the date that--
(1) a court of competent jurisdiction determines that the
State's simplified system of administration no longer meets the
minimum requirements set forth in subsection (b); and
(2) the determination of such court is no longer subject to
appeal.
SEC. 3. PREEMPTION.
Except as otherwise provided in this Act, this Act shall not be
construed to preempt or limit any power exercised or to be exercised by
a State or local jurisdiction under the law of such State or local
jurisdiction or under any other Federal law.
SEC. 4. LIMITATIONS.
(a) In General.--Nothing in this Act shall be construed as--
(1) subjecting a seller to franchise taxes, income taxes,
or licensing requirements of a State or political subdivision
thereof;
(2) affecting the application of such taxes or requirements
or enlarging or reducing the authority of any State to impose
such taxes or requirements;
(3) requiring any State or any local taxing jurisdiction to
exempt, or to impose a tax on any product, or to adopt any
particular type of tax, or to impose the same rate of tax as
any other taxing jurisdiction; or
(4) permitting or prohibiting a State from--
(A) licensing or regulating any person;
(B) requiring any person to qualify to transact
intrastate business;
(C) subjecting any person to State taxes not
related to the sale of goods or services; or
(D) exercising authority over matters of interstate
commerce.
(b) No Effect on Nexus.--No obligation imposed by virtue of the
authority granted by section 2 shall be considered in determining
whether a seller has a nexus with any State for any other tax purpose.
SEC. 5. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, Guam, American Samoa, the United States Virgin Islands,
the Commonwealth of the Northern Mariana Islands, any other
territory or possession of the United States, and any Indian
country as defined in section 1151 of title 18 of the United
States Code.
(2) Local jurisdiction.--The term ``local jurisdiction''
means any political subdivision of a State.
(3) Person.--The term ``person'' means an individual,
trust, estate, fiduciary, partnership, corporation, limited
liability company, or any other legal entity, and includes a
State or local government.
(4) Sale into the state.--The term ``sale into the State''
means a sale where the item sold is received by the purchaser
in the State, based on the location indicated by instructions
for delivery that the purchaser furnishes to the seller. When
no delivery location is specified, the sale occurs in the State
if the customer's billing address is in the State.
(5) Remote sale.--The term ``remote sale'' means a sale of
goods or services attributed to a State with respect to which a
seller does not have adequate physical presence to establish
nexus under the law existing on the day before the date of the
enactment of this Act so as to allow such State to require,
without regard to the authority granted by this Act, the seller
to collect and remit taxes covered by this Act with respect to
such sale.
(6) Remote seller.--The term ``remote seller'' means a
person that makes remote sales.
(7) Sales tax.--The term ``sales tax'' means a tax that
is--
(A) imposed on or incident to the sale of tangible
or intangible personal property or services as may be
defined or specified under the laws imposing such tax;
and
(B) measured by the amount of the sales price,
cost, charge, or other value of or for such property or
services.
(8) Use tax.--The term ``use tax'' means a tax that is--
(A) imposed on the purchase, storage, consumption,
distribution, or other use of tangible or intangible
personal property or services as may be defined or
specified under the laws imposing such tax; and
(B) measured by the purchase price of such property
or services.
SEC. 6. SEVERABILITY.
If any provision of this Act or the application of such provision
to any person or circumstance is held to be unconstitutional, the
remainder of this Act and the application of the provisions of such to
any person or circumstance shall not be affected thereby. | Marketplace Equity Act of 2011 - Authorizes states to require all sellers making remote sales to collect and remit sales and use taxes with respect to such sales into the state, without regard to the location of the seller, if such states implement a simplified system for administration of sales and use tax collection for remote sellers. Requires such a system to include, at a minimum: (1) an exception for remote sellers with gross annual receipts in the preceding calendar year from remote sales not exceeding $1 million in the United States or not exceeding $100,000 in the state, (2) a single sales and use tax return for use by remote sellers and a single revenue authority within the state with which remote sellers are required to file a tax return, and (3) a uniform tax base throughout the state.
Defines "remote sale" as a sale of goods or services attributed to a state with respect to which a seller does not have adequate physical presence to establish a nexus so as to allow such state to require such seller to collect and remit taxes. | {"src": "billsum_train", "title": "To improve the States' rights to enforce the collection of State sales and use tax laws, and for other purposes."} | 2,023 | 229 | 0.7592 | 2.208263 | 0.917864 | 5.326829 | 9.570732 | 0.956098 |
SECTION 1. SHORT TITLE.
This Act may be cited as ``Tim Fagan's Law'' or the ``Counterfeit
Drug Enforcement Act of 2014''.
SEC. 2. SALE OR TRADE OF PRESCRIPTION DRUGS KNOWINGLY CAUSED TO BE
ADULTERATED OR MISBRANDED; MISREPRESENTATION AS APPROVED
DRUGS.
(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 paragraphs:
``(3) Notwithstanding paragraph (1) or (2), in the case of a person
who violates subsection (a), (b), or (c) of section 301 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.
``(4) Notwithstanding paragraph (1) or (2), in the case of a person
who violates section 301(d) with respect to a drug, if the person
caused the drug to be misrepresented as a drug that is subject to
section 503(b)(1)(B) and for which an approved application is in effect
under section 505 and the person 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 so misrepresented, 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:
``(6) A manufacturer of a drug that receives or otherwise becomes
aware of information that reasonably suggests that a violation
described in paragraph (3) or (4) of section 303(a) 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.''.
SEC. 3. USE OF TECHNOLOGIES FOR PREVENTING COUNTERFEITING OF DRUGS.
Section 502 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
352) is amended by adding at the end the following:
``(dd) If it is a drug and it is not manufactured in accordance
with any regulations of the Secretary requiring the use of technologies
that the Secretary has determined are technically feasible and will
assist in preventing violations of this Act to which paragraphs (3) and
(4) of section 303(a) apply (relating to the knowing adulteration or
misbranding of drugs and the knowing misrepresentation of drugs).''.
SEC. 4. COUNTERFEIT DRUGS; 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 paragraphs (3) and (4) of section 303(a) of
such Act, there is authorized to be appropriated $60,000,000 for each
of the fiscal years 2015 through 2018, in addition to other
authorizations of appropriations that are available for such purpose.
SEC. 5. PUBLIC EDUCATION REGARDING COUNTERFEIT DRUGS.
(a) In General.--The Secretary of Health and Human Services shall
carry out a program to educate the public and health care professionals
on counterfeit drugs, including techniques to identify drugs as
counterfeit.
(b) Authorization of Appropriations.--For the purpose of carrying
out subsection (a), there is authorized to be appropriated $5,000,000
for each of the fiscal years 2015 through 2018, in addition to other
authorizations of appropriations that are available for such purpose.
SEC. 6. 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 506F
the following section:
``SEC. 506G. RECALL AUTHORITY.
``(a) Order To Cease Distribution of Drug; Notification of Health
Professionals.--
``(1) In general.--If the Secretary finds that a drug
intended for human use may constitute a threat to the public
health, 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, distributing, selling, 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 require 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. 7. AUTHORITY TO ISSUE SUBPOENAS WITH RESPECT TO PREVENTING THREATS
TO THE PUBLIC HEALTH.
Section 303 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
333(a)) is amended by adding at the end the following subsection:
``(h) The Secretary and the Attorney General shall develop and
implement a procedure through which the Chief Counsel in the Food and
Drug Administration is authorized to issue subpoenas regarding
investigations under this Act of acts or omissions that may constitute
a threat to the public health, including investigations of alleged
violations to which paragraph (3) or (4) of subsection (a) apply and
alleged violations with respect to which the Secretary is considering
the use of authorities under section 304.''. | Tim Fagan's Law or Counterfeit Drug Enforcement Act of 2014 - Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to establish a criminal fine and/or imprisonment for a person who: (1) knowingly causes a prescription drug to be adulterated, misbranded, or misrepresented as an approved prescription drug and sells or trades the drug; or (2) purchases or trades for a drug knowing or having reason to know that the drug was knowingly adulterated, misbranded, or misrepresented. Requires a manufacturer of a drug to notify the Department of Health and Human Services (HHS) within 48 hours after first receiving or becoming aware of information that reasonably suggests that such a violation may have occurred. Deems a drug to be misbranded if it is not manufactured using technologies that HHS determines are technically feasible and assist in preventing such violations. Authorizes additional appropriations for Food and Drug Administration (FDA) inspections, examinations, and investigations. Requires HHS to educate the public and health care professionals on counterfeit drugs. Directs HHS, upon a finding that a drug intended for human use may constitute a threat to the public health, to issue an order requiring the appropriate person (including the manufacturers, importers, distributors, or retailers of the drug) to cease distribution of the drug and to notify and instruct health professionals to cease administering, distributing, selling, or prescribing the drug. Requires HHS, after providing the person with an opportunity for an informal hearing, to amend the order to include a recall, if appropriate. Requires HHS and the Attorney General to establish a procedure through which the FDA is authorized to issue subpoenas. | {"src": "billsum_train", "title": "Counterfeit Drug Enforcement Act of 2014"} | 1,756 | 390 | 0.592046 | 2.007782 | 0.747439 | 3.906452 | 4.948387 | 0.9 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Paperwork and Regulatory
Improvements Act of 2004''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In 1980, in the Paperwork Reduction Act, Congress
established the Office of Information and Regulatory Affairs
(OIRA) in the Office of Management and Budget. OIRA's principal
responsibility is to reduce the paperwork burden on the public
that results from the collection of information by or for the
Federal Government. In 2002, OIRA estimated that the paperwork
burden imposed on the public was 7.7 billion hours, at a cost
of $230 billion. The Internal Revenue Service accounted for 83
percent of the paperwork burden.
(2) In 1995, Congress amended the Paperwork Reduction Act
and established annual governmentwide paperwork reduction goals
of 10 percent for each of fiscal years 1996 and 1997, and 5
percent for each of fiscal years 1998 through 2001, but the
paperwork burden increased, rather than decreased, in each of
those fiscal years and fiscal year 2002. Both the Office of
Management and Budget and the Internal Revenue Service need to
devote additional attention to paperwork reduction.
(3) In 2002, the House Report accompanying the Treasury and
General Government Appropriations Act, 2003 (House Report 107-
575) stated, ``The Office of Management and Budget has reported
that paperwork burdens on Americans have increased in each of
the last six years. Since the Internal Revenue Service imposes
over 80 percent of these paperwork burdens, the Committee
believes that OMB should work to identify and review proposed
and existing IRS paperwork.''.
(4) One key to success in paperwork reduction is the Office
of Management and Budget's systematic review of every new and
revised agency paperwork proposal. Recent statutory exemptions
from that office's review responsibility, especially those
without any stated justification, should be removed.
(5) In 2000, researchers Mark Crain of George Mason
University and Thomas Hopkins of the Rochester Institute of
Technology, in their October 2001 publication titled ``The
Impact of Regulatory Costs on Small Firms'', estimated that
Americans spend $843 billion annually to comply with Federal
regulations. Congress has a responsibility to review major
rules (as defined by section 804 of title 5, United States
Code) proposed by agencies, especially regulatory alternatives
and the costs and benefits associated with each of them. In
2000, in the Truth in Regulating Act, Congress established new
responsibility within the General Accounting Office to assist
Congress with this responsibility.
(6) In 1996, because of the increasing costs and
incompletely estimated benefits of Federal rules and paperwork,
Congress required the Office of Management and Budget for the
first time to submit an annual report to Congress on the total
costs and benefits to the public of Federal rules and paperwork
requirements, including an assessment of the effects of Federal
rules on the private sector and State and local governments. In
1998, Congress changed the annual report's due date to coincide
with the due date of the President's budget, so that Congress
and the public could be given an opportunity to simultaneously
review both the on-budget and off-budget costs associated with
the regulatory and paperwork requirements of each Federal
agency. In 2000, Congress made this a permanent annual
reporting requirement.
(7) The Office of Management and Budget requires agencies
to submit annual budget and paperwork burden estimates in order
to prepare certain required reports for Congress, but it does
not require agencies to submit estimates on costs and benefits
of agency rules and paperwork. The Office of Management and
Budget needs to require agencies to submit such estimates on
costs and benefits to help prepare the annual accounting
statement and associated report required under section 624 of
the Treasury and General Government Appropriations Act, 2001.
SEC. 3. REDUCTION OF TAX PAPERWORK.
Section 3504 of title 44, United States Code, is amended by adding
at the end the following new subsection:
``(i) In carrying out subsection (c)(3), the Director shall (in
consultation with the Internal Revenue Service and the Office of Tax
Policy of the Department of the Treasury and the Office of Advocacy of
the Small Business Administration) conduct a review of the collections
of information conducted by the Internal Revenue Service to identify
actions that the Internal Revenue Service can take to reduce the
information collection burden imposed on small business concerns,
consistent with section 3520(c)(1) of this chapter. The Director shall
include the results of the review in the annual report that the
Director submits under section 3514 of this chapter for fiscal year
2006.''.
SEC. 4. REPEAL OF EXEMPTIONS FROM PAPERWORK REDUCTION ACT, ETC.
(a) Repeals.--The following provisions of the Farm Security and
Rural Investment Act of 2002 (Public Law 107-171) are repealed:
(1) Subparagraphs (A) and (C) of section 1601(c)(2).
(2) Section 1601(c)(3).
(3) Section 2702(b)(1)(A).
(4) Section 2702(b)(2)(A).
(5) Section 2702(c).
(6) Subparagraphs (A) and (C) of section 6103(b)(2).
(7) Section 6103(b)(3).
(8) Subparagraphs (A) and (C) of section 10105(d)(2).
(9) Section 10105(d)(3).
(b) Effective Date.--The repeals of the provisions listed in
subsection (a) shall take effect 180 days after the date of the
enactment of this Act.
SEC. 5. AMENDMENT OF TRUTH IN REGULATING ACT TO MAKE PERMANENT PILOT
PROJECT FOR REPORT ON RULES.
The purpose of this section is to make permanent the authority to
request the performance of regulatory analysis to enhance Congressional
responsibility for regulatory decisions developed under the laws
enacted by Congress. The Truth in Regulating Act of 2000 (Public Law
106-312; 5 U.S.C. 801 note) is amended--
(1) in the heading for section 4, by striking ``PILOT
PROJECT FOR'',
(2) by striking section 5 and redesignating section 6 as
section 5; and
(3) in section 5 (as redesignated by paragraph (2))--
(A) in the heading, by striking ``and duration of
pilot project'';
(B) in subsection (a), by striking ``(a) Effective
Date.--''; and
(C) by striking subsections (b) and (c).
SEC. 6. IMPROVED REGULATORY ACCOUNTING.
(a) Requirement for Agencies To Submit Information on Regulations
and Paperwork to OMB.--Section 624 of the Treasury and General
Government Appropriations Act, 2001 (as enacted into law by Public Law
106-554; 114 Stat. 2763A-161), is amended
(1) by redesignating subsections (b), (c), and (d) as
subsection (c), (d), and (e), respectively, and
(2) by inserting after subsection (a) the following new
subsection:
``(b) Agency Submissions to OMB.--To carry out subsection (a), the
Director of the Office of Management and Budget shall require each
agency annually to submit to the Office of Management and Budget an
estimate of the total annual costs and benefits of Federal rules and
paperwork, to the extent feasible--
``(1) for the agency in the aggregate; and
``(2) for each agency program.''.
(b) Integration of OMB Accounting Statement and Report Into
President's Budget.--Section 624 of the Treasury and General Government
Appropriations Act, 2001 (as enacted into law by Public Law 106-554;
114 Stat. 2763A-161) is further amended in subsection (a), by striking
``with the budget'' and inserting ``as part of the budget''.
(c) Regulatory Budgeting.--(1) Chapter 11 of title 31, United
States Code, is amended by adding at the end the following new section:
``Sec. 1120. Regulatory budgeting
``(a) The Director of the Office of Management and Budget, after
consultation with the head of each agency, shall designate not less
than three agencies (or offices within an agency) to participate in a
study on regulatory budgeting for fiscal years 2006 and 2007. The
designated agencies shall include three regulatory agencies or offices
from among the following: the Department of Labor, the Department of
Transportation, the Department of Health and Human Services, and the
Environmental Protection Agency.
``(b) The study shall address the preparation of regulatory
budgets. Such budgets shall include the presentation of the varying
estimated levels of benefits that would be associated with the
different estimated levels of costs with respect to the regulatory
alternatives under consideration by the agency (or office within the
agency).
``(c) The Director of the Office of Management and Budget shall
include, in the accounting statement and associated report submitted to
Congress for calendar year 2006 under section 624 of the Treasury and
General Government Appropriations Act, 2001 (as enacted into law by
Public Law 106-554; 114 Stat. 2763A-161), a presentation of the
different levels of estimated regulatory benefits and costs with
respect to the regulatory alternatives under consideration for one or
more of the major regulatory programs of each of the agencies
designated under subsection (a).
``(d) In the accounting statement and associated report submitted
to Congress for calendar year 2009 under section 624 of the Treasury
and General Government Appropriations Act, 2001 (as so enacted), the
Director of the Office of Management and Budget shall include a report
on the study on regulatory budgeting. The report shall--
``(1) assess the feasibility and advisability of including
a regulatory budget as part of the annual budget submitted
under section 1105;
``(2) describe any difficulties encountered by the Office
of Management and Budget and the participating agencies in
conducting the study; and
``(3) recommend, to the extent the President considers
necessary or expedient, proposed legislation regarding
regulatory budgets.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``1120. Regulatory budgeting.''. | Paperwork and Regulatory Improvements Act of 2004 - (Sec. 3) Amends the Paperwork Reduction Act to: (1) require the Director of the Office of Management and Budget (OMB), in consultation with the Internal Revenue Service (IRS) and the Office of Tax Policy of the Department of the Treasury and the Office of Advocacy of the Small Business Administration, in minimizing the Federal information collection burden, to conduct a review of the collections of information by the IRS to identify actions that it can take to reduce the information collection burden imposed on small business concerns, consistent with current Federal law requiring the task force on information collection and dissemination to examine the feasibility of requiring Federal agencies to consolidate requirements regarding collections of information with respect to small business concerns within and across such agencies; and (2) include the results of such review in the annual report submitted to Congress for FY 2006 on the major activities respecting Federal information policy.
(Sec. 4) Amends the Farm Security and Rural Investment Act of 2002 to repeal specified exemptions from Paperwork Reduction Act requirements and certain other rulemaking requirements. Makes the repeal of such exemptions effective 180 days after the enactment of this Act.
(Sec. 5) Amends the Truth in Regulating Act of 2000 to make permanent the authority of a chairman or ranking member of a congressional committee to request the Comptroller General to perform a regulatory analysis of an economically significant rule upon agency publication.
(Sec. 6) Amends the Treasury and General Government Appropriations Act, 2001 to instruct the Director of OMB, in carrying out requirements for the accounting statement and associated report submitted to Congress with the Federal budget submitted to the President, to require each agency annually to submit to OMB an estimate of the total annual costs and benefits of Federal rules and paperwork to the extent feasible for the agency and each agency program.
Requires the Director, after consultation with the head of each agency, to designate at least three agencies (or offices within an agency) to participate in a study on regulatory budgeting for FY 2006 and 2007, including three regulatory agencies or offices from among the Department of Labor, the Department of Transportation, the Department of Health and Human Services, and the Environmental Protection Agency. Requires such study to address the preparation of regulatory budgets and such budgets to include the presentation of the varying estimated levels of benefits that would be associated with the different estimated levels of costs with respect to the regulatory alternatives under consideration by the agency (or office within the agency).
Includes in the accounting statement and associated report submitted to Congress for calendar year 2006 a presentation of the different levels of estimated regulatory benefits and costs with respect to the regulatory alternatives under consideration for at least one of the major regulatory programs of each of the designated agencies.
Requires the Director, after consultation with the Committees on the Budget and on Government Reform of the House of Representatives and the Committees on the Budget and on Governmental Affairs of the Senate, to include in such statement and report submitted to Congress for calendar year 2009 a report on the study which: (1) assesses the feasibility and advisability of including a regulatory budget as part of the Federal budget submitted to the President; (2) describes any difficulties encountered by OMB and the participating agencies in conducting such study; and (3) recommends, to the extent the President considers necessary or expedient, proposed legislation regarding regulatory budgets. Requires such report to also be submitted directly to such congressional committees. | {"src": "billsum_train", "title": "To amend the Paperwork Reduction Act and titles 5 and 31, United States Code, to reform Federal paperwork and regulatory processes."} | 2,198 | 742 | 0.60255 | 2.158937 | 0.668574 | 4.564371 | 3.137725 | 0.926647 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ronald Reagan Memorial Act of
2001''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Ronald Reagan is an American hero deserving of
recognition by this and future generations of Americans and
visitors from around the world.
(2) As President, Ronald Reagan initiated policies that won
the Cold War, protected and restored freedom and democracy
around the globe, lowered taxes on American citizens, tamed the
economic threats of inflation and economic stagnation, and
ushered in an unprecedented era of peace and prosperity across
the Nation, and his contributions merit permanent
memorialization.
(3) The legacies of Ronald Reagan include restoring faith
in our system of democracy and capitalism, returning pride in
being an American, and renewing the honor and decency of the
American Presidency, and are deserving of national recognition.
(4) The contributions of former President Ronald Reagan,
and his status as a preeminent twentieth-century American
statesman and one of the greatest American Presidents, merit
and require a permanent memorialization alongside the other
great American leaders memorialized on the Mall in the District
of Columbia.
SEC. 3. AUTHORIZATION OF RONALD REAGAN MEMORIAL; LOCATION AND DESIGN.
(a) Authorization of Ronald Reagan Memorial.--
(1) In general.--The Ronald Reagan Memorial Commission is
authorized to establish the Ronald Reagan Memorial in
accordance with this Act, on Federal lands administered by the
National Park Service in the District of Columbia.
(2) Location.--The memorial shall be situated in a location
that is--
(A) recommended by the Ronald Reagan Memorial
Commission; and
(B) in the area on the Mall west of the Capitol and
east of the Lincoln Memorial, and within the area
referred to in the Commemorative Works Act (40 U.S.C.
1001 et seq.) as Area I.
(b) Duties of the National Capital Memorial Commission and the
Secretary of the Interior.--The National Capital Memorial Commission
and the Secretary of the Interior shall assist the members of the
Ronald Reagan Memorial Commission--
(1) in the preparation of a recommendation to the Congress
of a permanent location for the memorial; and
(2) the selection of a design for the memorial and the
grounds of the memorial.
(c) Detail of Department of the Interior Employees.--The Secretary
of the Interior shall detail to the Ronald Reagan Memorial Commission
such support staff as are necessary to assist the members of the
commission in carrying out its responsibilities.
(d) Beginning of Process.--The Ronald Reagan Memorial Commission
shall begin the process of recommending a location and selecting a
design for the memorial no later than six months after the date of
enactment of this Act.
(e) Marker.--
(1) In general.--The Secretary shall erect, at the site
approved by the Congress for the memorial, a suitable marker
designating the site as the ``Future Site of the Ronald Reagan
Memorial''.
(2) Requirements.--The marker shall be--
(A) installed by the Secretary no later than three
months after the date of the enactment of a law
approving the location for the memorial;
(B) no smaller than three feet square and
constructed of durable material suitable to the outdoor
environment; and
(C) maintained at the location by the Secretary
until the memorial is completed, dedicated, and open to
the public.
(f) Relationship to the Commemorative Works Act.--Sections 3(c),
7(a)(2), and 8(a)(1) of the Commemorative Works Act (40 U.S.C. 1003(c),
1007(a)(2), 1008(a)(1)) shall not apply to the memorial.
SEC. 4. RONALD REAGAN MEMORIAL COMMISSION.
(a) Establishment.--There is established a commission, to be known
as the Ronald Reagan Memorial Commission. The commission shall--
(1) be comprised of--
(A) the Chairman of the National Capital Memorial
Commission;
(B) one member appointed by the Speaker of the
House of Representatives by no later than six months
after the date of the enactment of this Act; and
(C) one member appointed by the majority leader of
the Senate by no later than six months after the date
of the enactment of this Act;
(2) be chaired by one of its members, to be designated
jointly by the Speaker of the House of Representatives and the
majority leader of the Senate;
(3) meet no later than one month after its members are
appointed, and at such other times as may be necessary; and
(4) be exempt from the Federal Advisory Committee Act (5
U.S.C. App.).
(b) Duties.--The Ronald Reagan Memorial Commission shall--
(1) raise necessary funds from private sector sources to
design, construct, and maintain the memorial;
(2) in cooperation with the National Capital Memorial
Commission and the Secretary of the Interior, determine and
recommend to the Congress a permanent location for the
memorial;
(3) select a design for the memorial from proposals
solicited and accepted from qualified American architects; and
(4) issue a report to the Congress and the President on its
activities every six months after its first meeting, and issue
a final report to the Congress and the President, including a
recommended location and final design for the memorial, no
later than February 6, 2003.
(c) Termination.--The commission shall terminate not later than 90
days after completion of the memorial.
SEC. 5. DEFINITIONS.
In this Act:
(1) Memorial.--The term ``memorial'' means the Ronald
Reagan Memorial authorized by this Act.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior. | Ronald Reagan Memorial Act of 2001 - Establishes the Ronald Reagan Memorial Commission. Authorizes the Commission to establish the Ronald Reagan Memorial on Federal lands administered by the National Park Service in Washington, D.C. | {"src": "billsum_train", "title": "To authorize the establishment of a memorial to former President Ronald Reagan within the area in the District of Columbia referred to in the Commemorative Works Act as `Area I', to provide for the design and construction of such memorial, and for other purposes."} | 1,265 | 46 | 0.559085 | 1.382312 | 0.40928 | 4.333333 | 32.25 | 0.888889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arizona Land Exchange Facilitation
Act of 2000''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) when the State of Arizona entered the Union, the State
was granted more than 9,000,000 acres of State trust land to be
held in permanent trust to be managed on behalf of the
beneficiaries of the trust, primarily Arizona's schoolchildren;
(2) the State is entitled to select additional land of a
value that is approximately equal to the value of 15,234 acres
of in lieu base land from vacant, unappropriated, and
unreserved Federal land to fulfill the entitlement arising from
the Act of June 20, 1910 (36 Stat. 557, chapter 310), and the
consent judgment known as the ``San Carlos Consent Judgment''
entered in State of Arizona v. Rogers C.B. Morton, Court
Document 74-696-PHX-WPC (D. Ariz. (1978));
(3) while the State has recognized that certain State trust
land is of unique and significant value and ought to be
conserved as open space to benefit future generations, while
ensuring that there is a higher benefit to public schools and
other trust beneficiaries, there is no mechanism currently
available to the State to conserve such unique State trust
land; and
(4) an exchange of certain Federal and State land in
Arizona will provide for improved land management by the
Federal and State governments by exchanging certain State trust
land that is of significant ecological value for permanent
protection for certain Federal land that is suitable for the
revenue generation mission of the State and other purposes
identified by the State on behalf of its beneficiaries.
(b) Purposes.--The purposes of this Act are to improve
manageability of Federal public land and State trust land in the State,
to promote the conservation of unique natural areas, and to fulfill
obligations to the beneficiaries of State trust land by providing for a
land conveyance and a land exchange between the Federal and State
governments under which--
(1) the Secretary of the Interior shall identify a pool of
parcels of land that are vacant, unappropriated, unreserved,
and suitable for disposal, so that the State may select Federal
land that the Secretary shall convey to the State to fulfill
the State's entitlement under the State's enabling act; and
(2) the Secretary shall acquire certain State trust land in
the State by eminent domain, with the consent of the State, in
exchange for certain Federal land.
SEC. 3. DEFINITIONS.
In this Act:
(1) In lieu base land.--The term ``in lieu base land''
means land granted to the State under section 25 of the Act of
June 20, 1910 (36 Stat. 573).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means the State of Arizona.
(4) State trust land.--The term ``State trust land'' means
all right, title, and interest of the State on the date of
enactment of this Act in and to--
(A) land (including the mineral estate) granted by
the United States under sections 24 and 25 of the Act
of June 20, 1910 (36 Stat. 572, 573, chapter 310); and
(B) land (including the mineral estate) owned by
the State on the date of enactment of this Act that,
under State law, is required to be managed for the
benefit of the public school system or the institutions
of the State designated under that Act.
SEC. 4. FULFILLMENT OF ENTITLEMENT UNDER THE ENABLING ACT.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the Secretary shall identify land under the jurisdiction
of the Secretary that--
(1) is vacant, unappropriated, and unreserved; and
(2) is suitable for disposal under land management plans in
effect on the date of enactment of this Act.
(b) Selection.--Not later than 120 days after the date of enactment
of this Act, the State shall select land, identified by the Secretary
under subsection (a), of approximately equal value (determined in
accordance with section 6) to the 15,234 acres of in lieu base land
identified as base land depicted on the map entitled ``Arizona State
Trust Base Lands Not Compensated by the Federal Government'' and dated
________.
(c) Conveyance.--On final agreement between the Secretary and the
State under section 7(a), the Secretary shall convey to the State the
land selected by the State under subsection (b).
SEC. 5. LAND EXCHANGE.
(a) Conveyance by the Secretary of Federal Land.--
(1) In general.--In exchange for the State trust land
acquired by the Secretary under subsection (b), the Secretary
shall convey to the State Federal land described in paragraph
(2) that is of a value that is approximately equal to the value
of the acquired State trust land, as determined under section
6.
(2) Federal land.--The Federal land referred to in
paragraph (1) is land under the jurisdiction of the Secretary
and in the State that the Secretary determines is available for
exchange under this Act.
(b) Acquisition by the Secretary of State Trust Land.--
(1) In general.--The Secretary shall--
(A) on final agreement between the Secretary and
the State under section 7(a), acquire by eminent domain
the State designated trust land described in paragraph
(2); and
(B) manage the land in accordance with paragraph
(3).
(2) State trust land.--The State trust land referred to in
paragraph (1) is land under the jurisdiction of the State that
the State determines is available for exchange under this Act.
(3) Management of land acquired by the secretary.--
(A) In general.--On acceptance of title by the
United States, any land or interest in land acquired by
the United States under this section that is located
within the boundaries of a unit of the National Park
System, the National Wildlife Refuge System, or any
other system established by Act of Congress--
(i) shall become a part of the unit; and
(ii) shall be subject to all laws
(including regulations) applicable to the unit.
(B) All other land.--Any land or interest in land
acquired by the United States under this section (other
than land or an interest in land described in
subparagraph (A))--
(i) shall be administered by the Bureau of
Land Management in accordance with laws
(including regulations) applicable to the
management of public land under the
administration of the Bureau of Land
Management; or
(ii) where appropriate to protect land of
unique ecological value, may be made subject to
special management considerations, including a
conservation easement, to--
(I) protect the land or interest in
land from development; and
(II) preserve open space.
(4) Withdrawal.--Subject to valid existing rights, all land
acquired by the Secretary under this subsection is withdrawn
from all forms of entry, appropriation, or disposal under the
public land laws, from location, entry, and patent under the
mining laws, and from operation of the mineral leasing and
geothermal leasing laws.
SEC. 6. DETERMINATION OF VALUE.
(a) In General.--All exchanges authorized under this Act shall be
for approximately equal value.
(b) Appraisal Process.--The Secretary and the State shall jointly
determine an independent appraisal process, which shall reflect
nationally recognized appraisal standards, including, to the extent
appropriate, the Uniform Appraisal Standards for Federal Land
Acquisitions, to estimate values for the categories and groupings of
land to be conveyed under section 4 and exchanged under section 5.
(c) Dispute Resolution.--In the case of a dispute concerning an
appraisal or appraisal issue that arises in the appraisal process, the
appraisal or appraisal issue shall be resolved in accordance with
section 206(d)(2) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1716(d)(2)).
(d) Adjustment To Achieve Equal Value.--After the values of the
parcels of land are determined, the Secretary and the State may--
(1) add or remove parcels to achieve a package of equally
valued Federal land and State trust land; and
(2) make public a list of the parcels included in the
package.
(e) Effect of Determination.--A determination of the value of a
parcel of land under this section shall serve to establish the value of
the parcel or interest in land in any eminent domain proceeding.
(f) Costs.--The costs of carrying out this section shall be shared
equally by the Secretary and the State.
SEC. 7. CONVEYANCES OF TITLE.
(a) Agreement.--The Secretary and the State shall enter into an
agreement that specifies the terms under which land and interests in
land shall be conveyed under sections 4 and 5, consistent with this
section.
(b) Conveyances by the United States.--All conveyances by the
United States to the State under this Act shall be subject to valid
existing rights and other interests held by third parties.
(c) Conveyances by the State.--All conveyances by the State to the
United States under this Act shall be subject only to such valid
existing surface and mineral leases, grazing permits and leases,
easements, rights-of-way, and other interests held by third parties as
are determined to be acceptable under the title regulations of the
Attorney General of the United States.
(d) Timing.--The conveyance of all land and interests in land to be
conveyed under this Act shall be made not later than 60 days after
final agreement is reached between the Secretary and the State under
subsection (a).
(e) Form of Conveyance.--A conveyance of land or an interest in
land by the State to the United States under this section shall be in
such form as is determined to be acceptable under the title regulations
of the Attorney General of the United States.
SEC. 8. GENERAL PROVISIONS.
(a) Hazardous Waste.--
(1) In general.--Notwithstanding the conveyance to the
United States of land or an interest in land, the State shall
continue to be responsible for all environmental remediation,
waste management, and environmental compliance activities
arising from ownership and control of the land or interest in
land under applicable Federal and State laws with respect to
conditions existing on the land on the date of conveyance.
(2) Continuing responsibility.--Notwithstanding the
conveyance to the State of land or an interest in land, the
United States shall continue to be responsible for all
environmental remediation, waste management, and environmental
compliance activities arising from ownership and control of the
land or interest in land under applicable Federal and State
laws with respect to conditions existing on the land on the
date of conveyance.
(b) Costs.--The United States and the State shall each bear its own
respective costs incurred in the implementation of this Act, except for
the costs incurred under section 6.
(c) Maps and Legal Descriptions.--The State and the Secretary shall
each provide to the other the legal descriptions and maps of the
parcels of land and interests in land under their respective
jurisdictions that are to be exchanged under this Act.
SEC. 9. LAS CIENEGAS STUDY.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary, in consultation with the State, shall--
(1) conduct a study of land values of all State trust land
within the exterior boundaries of the proposed conservation
area under the Las Cienegas National Conservation Area
Establishment Act of 1999, H.R. 2941, 106th Congress, in Pima
County and Santa Cruz County, Arizona; and
(2) submit to Congress a recommendation on whether any such
land should be acquired by the Federal Government.
(b) Contents.--The study shall include an examination of possible
forms of compensation for the State trust land within the proposed Las
Cienegas National Conservation Area, including--
(1) cash payments;
(2) Federal administrative sites under the management of
the Administrator of General Services;
(3) water rights; and
(4) relief from debt payment for the Central Arizona Water
Conservation District.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
SEC. 11. EXPIRATION OF AUTHORITY.
The authority of the Secretary to make the land conveyance under
section 4 and the land exchange under section 5 expires on the date
that is 2 years after the date of enactment of this Act. | Requires lands exchanged to be of equal value and sets forth provisions regarding the appraisal process and appraisal dispute resolution.
Subjects conveyances by the United States to the State under this Act to valid existing rights and other interests held by third parties. Subjects conveyances of the State to the United States only to valid existing surface and mineral leases, grazing permits, leases, easements, rights-of-way, and other interests held by third parties determined acceptable under the Attorney General's title regulations.
Continues State or U.S. responsibility, as applicable, for all environmental remediation, waste management, and environmental compliance activities arising from ownership and control of land under Federal and State laws with respect to conditions existing on the land on the date of conveyance.
Requires the Secretary of the Interior to: (1) study land values of all State trust land within the exterior boundaries of the proposed conservation area under the Las Cienegas National Conservation Area Establishment Act of 1999 in Pima and Santa Cruz counties, Arizona; and (2) submit a recommendation to Congress on whether any such land should be acquired by the Federal Government.
Authorizes appropriations.
Terminates the land conveyance and exchange authorities under this Act two years after this Act's enactment date. | {"src": "billsum_train", "title": "Arizona Land Exchange Facilitation Act of 2000"} | 2,788 | 272 | 0.49853 | 1.722362 | 0.724514 | 5.194093 | 10.940928 | 0.932489 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Monument Designation
Transparency Act''.
SEC. 2. LIMITATION ON DESIGNATION OF NATIONAL MONUMENTS.
Section 320301 of title 54, United States Code, is amended--
(1) in subsection (a), by striking ``The President may''
and inserting ``Subject to the requirements of this section,
the President may'';
(2) in subsection (b), by striking ``compatible with'' and
inserting ``essential to ensure''; and
(3) by adding at the end the following:
``(e) National Monument Designation Procedures.--
``(1) Precondition to proclamation.--The President may not
issue a proclamation under subsection (a) before the last day
of the 30-day period beginning on the date on which the
President provides the language of the proposed proclamation to
Congress and to the Governor of each State, the chief elected
official of each unit of local government, and the governing
entity of each tribal government with jurisdiction over parcels
of land located within the boundaries of the proposed national
monument.
``(2) Public participation.--
``(A) Public hearing requirement.--
``(i) In general.--Subject to clause (iv),
not later than 90 days after the date on which
the President issues a proclamation under
subsection (a), the Secretary of the Interior
shall hold not fewer than one public hearing
within a county (or comparable unit of local
government) located wholly or in part within
the boundaries of the national monument. The
Secretary shall ensure that all interested
individuals are afforded an opportunity to
participate in a hearing held under this
subparagraph.
``(ii) Comments.--The Secretary of the
Interior shall solicit comments from the public
at a hearing held under clause (i), and shall
enter all comments received at or related to
such hearing into the record of the hearing.
``(iii) Availability of record.--The
Secretary of the Interior shall promptly make
the record of a hearing held under clause (i),
including a transcript of the hearing,
available to the public on the Internet or by
other electronic means. The Secretary shall
ensure that any components of the record that
are completed before the entire record is
finalized are made available upon their
completion.
``(iv) Waiver.--The Secretary of the
Interior may decline to hold a public hearing
under clause (i) if each unit of local and
tribal government located wholly or in part
within the boundaries of the national monument
expressly waives the right to such hearing.
``(B) Notice and comment period requirement.--Not
later than 30 days after the date on which the
President issues a proclamation under subsection (a),
the Secretary of the Interior shall initiate a notice
and comment period to receive comments from the public
regarding the proclamation.
``(C) Report.--
``(i) Contents.--Not later than one year
after issuing a proclamation under subsection
(a), the President shall submit to Congress a
report containing the following:
``(I) An analysis of the economic
impact of the designation on the
communities within the boundaries of
the monument, including an estimate of
the tax revenues that will be lost to,
or gained for, the Federal, State, and
local governments as a result of the
designation.
``(II) An analysis of the impact
the designation will have on the
Nation's energy security, including the
effects of the loss of sites to produce
wind, geothermal, or solar energy, and
the number of barrels of oil, tons of
coal, or cubic feet of natural gas that
will become unavailable as a result of
the proclamation.
``(III) The projected impact of the
designation on interests, rights, and
uses associated with the parcels of
land within the boundaries of the
monument, including water rights,
hunting, recreational shooting,
grazing, timber production, vegetation
manipulation to maintain forest health,
off-road vehicle use, hiking, horseback
riding, and mineral and energy leases,
claims, and permits.
``(IV) The record of any hearings
held under subparagraph (A).
``(V) Any written comments received
during the notice and comment period
conducted under subparagraph (B).
``(ii) Publication.--The President shall
ensure that a report submitted to Congress
under clause (i) is published on the White
House Internet website upon completion. The
President shall further ensure that any
components of the report that are completed
before the entire report is finalized and
submitted to Congress are published on the
White House Internet website upon their
completion.
``(D) Implementation guidelines.--The Secretary of
the Interior, in cooperation with the States, shall
develop and publish guidelines to provide for the
implementation of this paragraph.
``(3) Congressional approval of proclamation.--
``(A) Approval required.--A proclamation issued
under subsection (a) shall cease to be effective
following the last day of the 2-year period beginning
on the date on which the President issued the
proclamation, unless the proclamation is approved by an
Act of Congress on or before that last day.
``(B) Management of land before approval.--During
the period between the issuance of a proclamation under
subsection (a) and the approval of the proclamation
under subparagraph (A), the President shall ensure that
any restriction placed on land and interests, rights,
or uses associated with the parcels of land designated
as a national monument, including water rights,
hunting, recreational shooting, grazing, timber
production, vegetation manipulation to maintain forest
health, off-road vehicle use, hiking, horseback riding,
and mineral and energy leases, claims, and permits, is
narrowly tailored and essential to the proper care and
management of the objects to be protected.
``(C) Effect of nonapproval.--If Congress does not
approve a proclamation to designate a national monument
under subparagraph (A), any reservation of land made by
such proclamation, and any restriction imposed as a
result of such proclamation on interests, rights, or
uses associated with the parcels of land, shall cease
to be effective following the last day of the 2-year
period referred to in subparagraph (A).
``(D) Prohibition on repeat proclamations.--The
President may not issue a proclamation that is
substantially similar to a proclamation previously
issued under subsection (a) that Congress has not
approved under subparagraph (A).
``(f) Limitation on Restrictions.--The President shall ensure that
any restriction placed on land and interests, rights, or uses
associated with the parcels of land designated as a national monument
by a proclamation issued under this section is narrowly tailored and
essential to the proper care and management of the objects to be
protected.''. | National Monument Designation Transparency Act Requires land reserved as part of a national monument to be confined to the smallest area essential to ensure the proper care and management of the objects of historic or scientific interest protected by the monument. Sets forth additional procedures for the designation of national monuments. | {"src": "billsum_train", "title": "National Monument Designation Transparency Act"} | 1,510 | 65 | 0.494104 | 1.087593 | 0.519588 | 2.6 | 26.236364 | 0.745455 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Deport Convicted Foreign Criminals
Act''.
SEC. 2. DISCONTINUING GRANTING CERTAIN VISAS TO NATIONALS OF COUNTRY
DENYING OR DELAYING ACCEPTING ALIENS.
(a) Amendment.--Section 243 of the Immigration and Nationality Act
(8 U.S.C. 1253) is amended by striking subsection (d).
(b) Discontinuing Granting Certain Visas to Nationals of Country
Denying or Delaying Accepting Alien.--Section 241(b) of the Immigration
and Nationality Act (8 U.S.C. 1231(b)) is amended by adding at the end
the following:
``(4) Discontinuing granting certain visas and denying
admission to nationals of country denying or delaying accepting
aliens.--
``(A) Discontinuing granting visas.--Except as
provided under subparagraph (C), if a country is listed
in the most recent quarterly report submitted by the
Secretary of Homeland Security to the Congress under
subparagraph (E), the Secretary of State may not issue
a nonimmigrant visa pursuant to section 101(a)(15)(A)
to a citizen, subject, national, or resident of such
country until--
``(i) the Secretary of Homeland Security
notifies the Secretary of State that the
country should no longer be so listed; or
``(ii) each alien listed in the report with
respect to such country has otherwise been
removed from the United States.
``(B) Denying admission to nationals and foreign
government officials.--Except as provided under
subparagraph (C), if a country is listed in the most
recent quarterly report submitted by the Secretary of
Homeland Security to the Congress under subparagraph
(E), the Secretary of Homeland Security, in
consultation with the Secretary of State, shall deny
admission to any citizen, subject, national, or
resident of that country who has received a
nonimmigrant visa pursuant to section 101(a)(15)(A).
``(C) Exception.--Subparagraphs (A) and (B) do not
apply if the Secretary of State determines that the
life or freedom of the visa applicant or individual
seeking admission would be threatened in the country
listed under subparagraph (E).
``(D) Effect of unauthorized issuance.--Any visa
issued in violation of this paragraph shall be null and
void.
``(E) Quarterly reports.--Not later than 90 days
after the date of the enactment of the Deport Convicted
Foriegn Criminals Act, and every 3 months thereafter,
the Secretary of Homeland Security shall submit a
report to the Congress that--
``(i) lists all the countries that deny or
unreasonably delay the acceptance of at least
10 percent of the total number of aliens who--
``(I) are physically present in the
United States;
``(II) are a citizen, subject,
national, or resident of such country;
and
``(III) have received a final order
of removal; and
``(ii) includes the total number of aliens
described under clause (i), organized by--
``(I) name;
``(II) country;
``(III) detention status; and
``(IV) criminal status.
``(F) Compliance with repatriation.--If the
Secretary of Homeland Security determines that a
country listed in the quarterly report under
subparagraph (E) has accepted each alien listed with
respect to that country under subparagraph (E)(ii), the
country shall be removed from the list in the next
quarterly report submitted under subparagraph (E) and
shall not be subject to the sanctions described in this
paragraph, unless subparagraph (E) applies to such
country with respect to another alien.
``(G) Denies or unreasonably delays.--
``(i) In general.--Except as provided under
clause (ii), in this paragraph, a country
`denies or unreasonably delays' the acceptance
of an alien who is a citizen, subject,
national, or resident of the country if the
country does not accept the alien within the
removal period.
``(ii) Alien that may not be removed.--For
purposes of clause (i), a country does not deny
or unreasonably delay the acceptance of an
alien who is a citizen, subject, national, or
resident of the country if such alien may not
be removed pursuant to this section.''.
SEC. 3. NOTICE TO STATE AND LOCAL LAW ENFORCEMENT.
(a) Notice.--
(1) In general.--As soon as practicable, the Secretary of
Homeland Security shall notify the chief law enforcement
officer of the State and of the local jurisdiction in which any
alien described in paragraph (2) has been detained by the
United States is released.
(2) Alien described.--An alien is described in this
paragraph if the alien--
(A) is listed in the most recent quarterly report
submitted by the Secretary of Homeland Security to the
Congress under section 241(b)(4)(E) of the Immigration
and Nationality Act (8 U.S.C. 1231(b)(4)(E)); or
(B) has received a final order of removal under
chapter 4 of title II of the Immigration and
Nationality Act (8 U.S.C. 1221 et seq.) and has not
been removed from the United States.
(b) Information Contained in Notice.--The notice under subsection
(a) shall include the following information, if available, about each
alien:
(1) Name.
(2) Location where the alien is released.
(3) Date of release.
(4) Country of nationality.
(5) Detention status.
(6) Criminal history, including probation and parole
information. | Deport Convicted Foreign Criminals Act - Amends the the Immigration and Nationality Act to: (1) prohibit issuance of visas to citizens, subjects, nationals, or residents of a country listed in the most recent quarterly delayed repatriation report until the Secretary of Homeland Security (DHS) notifies the Secretary of State that the country is no longer listed, or each alien listed in the report with respect to such country has been removed from the United States; and (2) deny entrance to visa holders who are citizens, subjects, nationals, residents, or government officials of such a country.
Directs the Secretary of Homeland Security to notify the chief law enforcement officer of the state and of the local jurisdiction in which an alien who has been detained by the United States is released. Defines "alien" as an individual who: (1) is listed in the most recent quarterly report, or (2) has received a final order of removal and has not been removed from the United States. | {"src": "billsum_train", "title": "To prohibit the issuance of certain visas to nationals of a country that denies or unreasonably delays the repatriation of a national ordered removed from the United States to such country, and for other purposes."} | 1,321 | 209 | 0.542973 | 1.601317 | 0.852754 | 4.068063 | 5.989529 | 0.884817 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting Green Transportation
Infrastructure through Research and Development Act''.
SEC. 2. OFFICE OF CLIMATE CHANGE AND ENVIRONMENT.
Section 102(g) of title 49, United States Code, is amended--
(1) in paragraph (1) in the matter preceding subparagraph
(A), by striking ``Department'' and inserting ``Research and
Innovative Technology Administration in the Department'';
(2) by redesignating paragraph (2) as paragraph (7);
(3) by inserting after paragraph (1) the following new
paragraphs:
``(2) Impact reduction research activities.--
``(A) In general.--The Office established under
paragraph (1) shall fund or coordinate research,
development, and technology transfer activities focused
on--
``(i) reducing vehicle miles traveled;
``(ii) reducing congestion;
``(iii) reducing construction and
maintenance-related emissions and energy
consumption; and
``(iv) in coordination with the
Environmental Protection Agency and the
Department of Energy, assessing consumer
acceptance of and infrastructure needs for
alternative fuels and improved vehicle
technology and other strategies to reduce
greenhouse gas emissions and conserve energy
arising from surface transportation
infrastructure, operation, and use.
``(B) Activities.--Research activities shall
include the following:
``(i) Assessments of the impact, cost-
effectiveness, and collateral benefits of
emissions and energy reduction strategies.
``(ii) The development of technologies,
tools, and techniques to reduce emissions and
energy consumption throughout the life-cycle of
transportation infrastructure.
``(iii) Congestion reduction and speed
management strategies.
``(iv) Assessments of the impact of land
use change on surface emissions and other
factors, such as congestion, mobility, and
accessibility, and barriers to land use change.
``(v) Infrastructure requirements for
alternative fuels and vehicles.
``(vi) Traveler behaviors with respect to
mode-choice, response to transportation pricing
scheme, nonmotorized travel, and other
emissions reducing strategies.
``(vii) Emissions and energy reduction
strategies for freight transportation,
including mode shifts, freight infrastructure
projects, and the effects of land use on
freight movement.
``(3) Adaptation.--The Office shall fund or coordinate
research on the impacts of climate change on surface
transportation infrastructure to understand and assess how
climate change and variability may affect transportation
operation and infrastructure.
``(4) Assessment.--
``(A) In general.--The Office shall assess current
and historical surface transportation infrastructure
and fuel demand management strategies that have been
implemented at the local, State, and national levels
for their social, economic, and environmental costs and
benefits.
``(B) Public accessibility.--The results of such
assessments shall be made publicly available through
the Web site of the Research and Innovative Technology
Administration in the Department.
``(5) Modeling.--The Office, in consultation with the
Environmental Protection Agency and other Federal agencies,
shall support the development of more accurate tools and models
for quantifying mobile emissions and evaluating surface
transportation emissions reductions strategies. The tools and
models shall incorporate such factors as--
``(A) vehicle speed;
``(B) traffic flow;
``(C) land use;
``(D) nonmotorized travel;
``(E) transit use;
``(F) traveler behavior; and
``(G) commercial traffic and freight movement.
``(6) Public accessibility.--The results of the research
and development carried out under this subsection shall be made
publicly available to national, State, and local transportation
planners and decisionmakers.''.
SEC. 3. REGIONAL GREEN TRANSPORTATION RESEARCH CENTERS.
(a) Establishment.--Subchapter I of chapter 55 of title 49, United
States Code, is amended by inserting after section 5505 the following
new section:
``SEC. 5505A. REGIONAL GREEN TRANSPORTATION RESEARCH CENTERS.
``(a) Green Transportation Infrastructure Research and Technology
Transfer.--The Administrator of the Research and Innovative Technology
Administration of the Department of Transportation shall make grants to
institutions of higher education or consortia thereof to establish and
operate university transportation centers to carry out research,
development, and technology transfer activities in the field of green
transportation infrastructure.
``(b) Objectives.--The purpose of centers established pursuant to
this section shall be to--
``(1) generate innovative and cost-effective approaches to
mitigating environmental impacts throughout the lifecycle of
transportation infrastructure;
``(2) develop holistic approaches to integrating green
infrastructure into existing wastewater management systems;
``(3) promote adoption of innovative green transportation
infrastructure systems by State and local governments and the
private sector; and
``(4) manage technology transfer programs to disseminate
information on best management practices in the area of green
transportation infrastructure to State and local governments
and the private sector.
``(c) Selection of Grant Recipients.--
``(1) Applications.--In order to be eligible to receive a
grant under this section, a nonprofit institution of higher
learning or consortia thereof shall submit to the Administrator
an application that is in such form and contains such
information as the Administrator may require.
``(2) Regional centers.--To the greatest extent
practicable, the Administrator shall ensure that there is at
least one grant recipient from each of the 10 United States
Government regions that comprise the Standard Federal Regional
Boundary System.
``(3) Selection criteria.--Except as otherwise provided by
this section, the Administrator shall select each recipient of
a grant under this section through a merit-reviewed competitive
process on the basis of the following:
``(A) Demonstrated expertise in transportation
research and environmental impacts of transportation
infrastructure.
``(B) Demonstrated research capacity and technology
transfer resources.
``(C) Existing or proposed partnerships with State
and local governments and private industry involved in
transportation-related construction, environmental
impact mitigation, or other areas related to green
transportation infrastructure research.
``(D) Capability to provide leadership in
developing national best management practices, regional
best management practices, or both in the field of
green transportation infrastructure.
``(E) Expertise in specific regional climate
characteristics which impact the effectiveness of green
transportation infrastructure technologies and
practices.
``(F) Demonstrated ability to disseminate results
of research and education programs through a statewide
or regionwide continuing education program.
``(G) The strategic plan the recipient proposes to
carry out under the grant.
``(d) Activities.--The types of activities the Administrator may
support under this section include the following:
``(1) Research and development of innovative technologies,
construction techniques, or best management processes that
mitigate the environmental impact of transportation
infrastructure, including--
``(A) assessments of the life-cycle environmental
impact of local existing or planned transportation
infrastructure;
``(B) integration of green transportation
infrastructure elements into existing transportation or
waste management systems; and
``(C) research, development, testing, and
evaluation of new technologies or best management
practices.
``(2) Establishment and operation of a regional technology
transfer program to disseminate information on new technologies
and best management practices to State and local governments,
institutions of higher education, and private industry in the
region.
``(3) Study of the impact of State, local, and Federal
regulations on the implementation of green transportation
infrastructure technologies and practices. These studies shall
include collaboration with appropriate Federal agencies to
evaluate the effect of and possible changes to Federal and
State regulations that impede implementation of green
transportation infrastructure.
``(4) Public education efforts to raise awareness of green
transportation infrastructure technologies, including
activities to raise awareness and foster collaboration among
regional governments, private industry, and other public and
private stakeholders.
``(e) Annual Meeting.--The Administrator shall convene an annual
meeting of the Centers established pursuant to this section in order to
foster collaboration and communication among Center participants and
disseminate best management practices.
``(f) Definition.--In this section, the term `green transportation
infrastructure' includes infrastructure that--
``(1) preserves and restores natural processes, landforms
(such as flood plains), natural vegetated streamside buffers,
wetlands, or other topographical features that can slow,
filter, and naturally store stormwater runoff and floodwaters
for future water supply and recharge of natural aquifers;
``(2) utilizes natural design techniques that infiltrate,
filter, store, evaporate, and detain water close to its source;
``(3) minimizes the use of impervious surfaces in order to
slow or infiltrate precipitation;
``(4) minimizes life-cycle energy consumption, including
during construction, maintenance, use by vehicles, and
destruction and recycling; and
``(5) minimizes life-cycle air pollution.''.
(b) Conforming Amendment.--The table of sections for such
subchapter is amended by inserting after the item relating to section
5505 the following new item:
``5505A. Regional Green Transportation Research Centers.''.
SEC. 4. PAVEMENT RESEARCH, TECHNOLOGY TRANSFER, AND EDUCATION PROGRAM.
(a) Establishment.--The Administrator of the Research and
Innovative Technology Administration of the Department of
Transportation shall, in consultation with appropriate Department modal
agencies, establish a pavement research, deployment, and education
program (in this section referred to as the ``Program'').
(b) Purpose.--The purpose of the Program shall be to--
(1) address the need to advance pavement research; and
(2) coordinate technology transfer efforts related to
paving materials.
(c) Function.--The Program, in coordination with Department modal
agencies, shall provide funding to university transportation centers
established under section 5506 of title 49, United States Code, and
other institutions of higher education to conduct research,
development, and technology transfer activities about paving materials
and practices.
(d) Activities.--Activities carried out by the Program shall
include--
(1) research and development of innovative technologies and
techniques to reduce the cost and environmental impact of
paving materials and practices, including research on--
(A) paving materials with improved durability;
(B) methods that decrease the energy use in, and
emissions resulting from, paving practices;
(C) paving materials that decrease environmental
impact;
(D) methods to decrease the overall life-cycle cost
of paving materials and practices;
(E) construction techniques to increase safety and
reduce construction time and traffic disruption and
congestion;
(F) pavement evaluation technologies and
techniques; and
(G) paving materials utilizing more recycled and
locally available natural material;
(2) effective technology transfer, including efforts on--
(A) identifying and addressing barriers to
implementation for developed paving materials and
practices; and
(B) addressing the data needs of stakeholders by
developing independent studies and assessments on
topics, including--
(i) durability of paving technologies;
(ii) emissions from construction practices;
(iii) life-cycle cost-effectiveness of
paving materials and strategies; and
(iv) environmental impact of paving
technologies; and
(3) establishing grants to institutions of higher education
to develop training and education programs for workforce
professionals in the areas of paving materials and practices.
(e) Report.--Not later than 6 months after the date of enactment of
this Act, the Administrator shall submit a report to the Committee on
Science, Space, and Technology and the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate on the results of
the long-term pavement performance program and how the Department
intends to organize, maintain, and utilize the database. | Promoting Green Transportation Infrastructure through Research and Development Act - Moves the Office of Climate Change and Environment into the Research and Innovative Technology Administration (RITA) of the Department of Transportation (DOT) and requires it to coordinate research, development, and technology transfer activities: (1) that focus on transportation-related emissions and energy reduction strategies, and (2) on the impacts of climate change on surface transportation infrastructure.
Revises the surface transportation, research, development, and technology program to direct the Administrator of RITA to make grants to institutions of higher education (including consortia) to establish regional university transportation centers (UTCs) to carry out research, development, and technology transfer activities in the field of green transportation infrastructure (i.e., infrastructure that preserves and restores natural processes, utilizes natural design techniques, and minimizes energy consumption and pollution).
Directs the Administrator to establish a pavement research, deployment, and education program. | {"src": "billsum_train", "title": "To promote green transportation infrastructure through research and development, and for other purposes."} | 2,529 | 193 | 0.558864 | 1.536891 | 0.853304 | 3.876404 | 13.859551 | 0.932584 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Helping Families Save Their Homes in
Bankruptcy Act of 2009''.
SEC. 2. ELIGIBILITY FOR RELIEF.
Section 109 of title 11, United States Code, is amended--
(1) by adding at the end of subsection (e) the following:
``For purposes of this subsection, the computation of debts
shall not include the secured or unsecured portions of--
``(1) debts secured by the debtor's principal residence if
the current value of such residence is less than the secured
debt limit; or
``(2) debts secured or formerly secured by real property
that was the debtor's principal residence that was sold in
foreclosure or that the debtor surrendered to the creditor if
the current value of such real property is less than the
secured debt limit.'', and
(2) by adding at the end of subsection (h) the following:
``(5) The requirements of paragraph (1) shall not apply in a case
under chapter 13 with respect to a debtor who submits to the court a
certification that the debtor has received notice that the holder of a
claim secured by the debtor's principal residence may commence a
foreclosure on the debtor's principal residence.''.
SEC. 3. PROHIBITING CLAIMS ARISING FROM VIOLATIONS OF THE TRUTH IN
LENDING ACT.
Section 502(b) of title 11, United States Code, is amended--
(1) in paragraph (8) by striking ``or'' at the end,
(2) in paragraph (9) by striking the period at the end and
inserting ``; or'', and
(3) by adding at the end the following:
``(10) the claim for a loan secured by a security interest
in the debtor's principal residence is subject to a remedy for
rescission under the Truth in Lending Act notwithstanding the
prior entry of a foreclosure judgment, except that nothing in
this paragraph shall be construed to modify, impair, or
supersede any other right of the debtor.''.
SEC. 4. AUTHORITY TO MODIFY CERTAIN MORTGAGES.
Section 1322 of title 11, United States Code, is amended--
(1) in subsection (b)--
(A) by redesignating paragraph (11) as paragraph
(12),
(B) in paragraph (10) by striking ``and'' at the
end, and
(C) by inserting after paragraph (10) the
following:
``(11) notwithstanding paragraph (2) and otherwise
applicable nonbankruptcy law, with respect to a claim for a
loan originated before the effective date of this paragraph and
secured by a security interest in the debtor's principal
residence that is the subject of a notice that a foreclosure
may be commenced with respect to such loan, modify the rights
of the holder of such claim (and the rights of the holder of
any claim secured by a subordinate security interest in such
residence)--
``(A) by providing for payment of the amount of the
allowed secured claim as determined under section
506(a)(1);
``(B) if any applicable rate of interest is
adjustable under the terms of such security interest by
prohibiting, reducing, or delaying adjustments to such
rate of interest applicable on and after the date of
filing of the plan;
``(C) by modifying the terms and conditions of such
loan--
``(i) to extend the repayment period for a
period that is no longer than the longer of 40
years (reduced by the period for which such
loan has been outstanding) or the remaining
term of such loan, beginning on the date of the
order for relief under this chapter; and
``(ii) to provide for the payment of
interest accruing after the date of the order
for relief under this chapter at a fixed annual
rate equal to the currently applicable average
prime offer rate as of the date of the order
for relief under this chapter, corresponding to
the repayment term determined under the
preceding paragraph, as published by the
Federal Financial Institutions Examination
Council in its table entitled `Average Prime
Offer Rates--Fixed', plus a reasonable premium
for risk; and
``(D) by providing for payments of such modified
loan directly to the holder of the claim; and'', and
(2) by adding at the end the following:
``(g) A claim may be reduced under subsection (b)(11)(A) only on
the condition that if the debtor sells the principal residence securing
such claim, before receiving a discharge under this chapter and
receives net proceeds from the sale of such residence, then the debtor
agrees to pay to such holder--
``(1) if such residence is sold in the 1st year occurring
after the effective date of the plan, 80 percent of the amount
of the difference between the sales price and the amount of
such claim (plus costs of sale and improvements), but not to
exceed the amount of the allowed secured claim determined as if
such claim had not been reduced under such subsection;
``(2) if such residence is sold in the 2d year occurring
after the effective date of the plan, 60 percent of the amount
of the difference between the sales price and the amount of
such claim (plus costs of sale and improvements), but not to
exceed the amount of the allowed secured claim determined as if
such claim had not been reduced under such subsection;
``(3) if such residence is sold in the 3d year occurring
after the effective date of the plan, 40 percent of the amount
of the difference between the sales price and the amount of
such claim (plus costs of sale and improvements), but not to
exceed the amount of the allowed secured claim determined as if
such claim had not been reduced under such subsection; and
``(4) if such residence is sold in the 4th year occurring
after the effective date of the plan, 20 percent of the amount
of the difference between the sales price and the amount of
such claim (plus costs of sale and improvements), but not to
exceed the amount of the allowed secured claim determined as if
such claim had not been reduced under such subsection.
``(h) With respect to a claim of the kind described in subsection
(b)(11), the plan may not contain a modification under the authority of
subsection (b)(11)--
``(1) in a case commenced under this chapter after the
expiration of the 15-day period beginning on the effective date
of this subsection, unless--
``(A) the debtor certifies that the debtor
attempted, not less than 15 days before the
commencement of the case, to contact the holder of such
claim (or the entity collecting payments on behalf of
such holder) regarding modification of the loan that is
the subject of such claim; or
``(B) a foreclosure sale is scheduled to occur on a
date in the 30-day period beginning on the date the
case is commenced; and
``(2) in any other case pending under this chapter, unless
the debtor certifies that the debtor attempted to contact the
holder of such claim (or the entity collecting payments on
behalf of such holder) regarding modification of the loan that
is the subject of such claim, before--
``(A) filing a plan under section 1321 that
contains a modification under the authority of
subsection (b)(11); or
``(B) modifying a plan under section 1323 or 1329
to contain a modification under the authority of
subsection (b)(11).''.
SEC. 5. COMBATING EXCESSIVE FEES.
Section 1322(c) of title 11, United States Code, is amended--
(1) in paragraph (1) by striking ``and'' at the end,
(2) in paragraph (2) by striking the period at the end and
inserting a semicolon, and
(3) by adding at the end the following:
``(3) the debtor, the debtor's property, and property of
the estate are not liable for a fee, cost, or charge that is
incurred while the case is pending and arises from a debt that
is secured by the debtor's principal residence except to the
extent that--
``(A) the holder of the claim for such debt files
with the court (annually or, in order to permit filing
consistent with clause (ii), at such more frequent
periodicity as the court determines necessary) notice
of such fee, cost, or charge before the earlier of--
``(i) 1 year after such fee, cost, or
charge is incurred; or
``(ii) 60 days before the closing of the
case; and
``(B) such fee, cost, or charge--
``(i) is lawful under applicable
nonbankruptcy law, reasonable, and provided for
in the applicable security agreement; and
``(ii) is secured by property the value of
which is greater than the amount of such claim,
including such fee, cost, or charge;
``(4) the failure of a party to give notice described in
paragraph (3) shall be deemed a waiver of any claim for fees,
costs, or charges described in paragraph (3) for all purposes,
and any attempt to collect such fees, costs, or charges shall
constitute a violation of section 524(a)(2) or, if the
violation occurs before the date of discharge, of section
362(a); and
``(5) a plan may provide for the waiver of any prepayment
penalty on a claim secured by the debtor's principal
residence.''.
SEC. 6. CONFIRMATION OF PLAN.
Section 1325(a) of title 11, United States Code, 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 a semicolon, and
(3) by inserting after paragraph (9) the following:
``(10) notwithstanding subclause (I) of paragraph
(5)(B)(i), whenever the plan modifies a claim in accordance
with section 1322(b)(11), the plan provides that the holder of
such claim retain the lien until the later of--
``(A) the payment of such holder's allowed secured
claim; or
``(B) discharge under section 1328; and
``(11) whenever the plan modifies a claim in accordance
with section 1322(b)(11), the court finds that such
modification is in good faith and that the debtor did not
obtain the extension, renewal, or refinancing of credit that
gives rise to a modified claim by the debtor's material
misrepresentation, false pretenses, or actual fraud.''.
SEC. 7. DISCHARGE.
Section 1328 of title 11, United States Code, is amended--
(1) in subsection (a)--
(A) by inserting ``(other than payments to holders
of claims whose rights are modified under section
1322(b)(11))'' after ``paid'', and
(B) in paragraph (1) by inserting ``or, to the
extent of the unpaid portion of an allowed secured
claim, provided for in section 1322(b)(11)'' after
``1322(b)(5)'', and
(2) in subsection (c)(1) by inserting ``or, to the extent
of the unpaid portion of an allowed secured claim, provided for
in section 1322(b)(11)'' after ``1322(b)(5)''.
SEC. 8. RULE OF CONSTRUCTION.
Nothing in this Act or the amendments made by this Act shall be
construed to modify any obligation of the Federal Housing
Administration, the Veterans Administration, or the Department of
Agriculture under a contract that guarantees or insures the payment of
any part of a loan secured by a security interest in a principal
residence.
SEC. 9. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
(a) Effective Date.--Except as provided in subsection (b), this Act
and the amendments made by this Act shall take effect on the date of
the enactment of this Act.
(b) Application of Amendments.--The amendments made by this Act
shall apply with respect to cases commenced under title 11 of the
United States Code before, on, or after the date of the enactment of
this Act. | Helping Families Save their Homes in Bankruptcy Act of 2009 - (Sec. 1) Amends federal bankruptcy law governing a Chapter 13 debtor (adjustment of debts of an individual with regular income). Excludes from computation of debts the secured or unsecured portions of: (1) debts secured by the debtor's principal residence if the current value of that residence is less than the secured debt limit; or (2) debts secured or formerly secured by a debtor's principal residence that was either sold in foreclosure or surrendered to the creditor if the current value of such real property is less than the secured debt limit.
(Sec. 2) Declares the credit counseling requirement inapplicable to a Chapter 13 debtor who certifies that he or she has received notice that the holder of a claim secured by the debtor's principal residence may commence a foreclosure on the debtor's principal residence.
(Sec. 3) Requires the court to disallow a claim for a loan secured by a security interest in the debtor's principal residence that is subject to remedy for damages or rescission due to violations of the Truth in Lending Act, notwithstanding prior entry of a foreclosure judgment. Prohibits construction of such disallowance to modify, impair, or supersede any other right of the debtor.
(Sec. 4) Allows modification of claim holders' rights in connection with a foreclosure notice for a chapter 13 debtor whose loan originated before the effective date of this Act. Allows changing an adjustable rate of interest to a fixed rate, and extending the repayment period.
Prescribes conditions for reducing a claim under this Act if the debtor receives net proceeds from the sale of the principal residence before receiving a discharge in bankruptcy.
Establishes requirements for modification of other kinds of claims for a loan secured by a security interest in the debtor's principal residence.
(Sec. 5) Denies debtor liability for certain fees and charges incurred while the bankruptcy case is pending and arising from a debt secured by the debtor's principal residence, unless the claim holder observes specified requirements.
(Sec. 6) Adds to conditions for court confirmation of a plan in bankruptcy that: (1) the holder of a claim for a loan secured by the debtor's principal residence retain the lien securing the claim until the later of the payment of such claim as reduced and modified or the discharge of a debtor from all debts; and (2) the plan modifies the claim in good faith and the court finds that the debtor did not obtain the modified claim by the debtor's material misrepresentation, false pretenses, or actual fraud.
(Sec. 7) Excludes from final discharge of a debtor from all debts: (1) any payments to claim holders whose rights are modified under this Act; and (2) any unpaid portion of a claim as reduced.
(Sec. 8) Prohibits the construction of this Act to modify any obligation of the Federal Housing Administration (FHA), the Veterans Administration (VA), or the Department of Agriculture under a contract that guarantees or insures payment of a loan secured by a security interest in a principal residence. | {"src": "billsum_train", "title": "To amend title 11 of the United States Code with respect to modification of certain mortgages on principal residences, and for other purposes."} | 2,722 | 736 | 0.650716 | 2.151377 | 0.716937 | 4.076923 | 4.297659 | 0.936455 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Help Our Producers Equity Act of
1999''.
SEC. 2. LOAN RATES FOR MARKETING ASSISTANCE LOANS.
(a) In General.--Section 132 of the Agricultural Market Transition
Act (7 U.S.C. 7232) is amended by adding at the end the following:
``(g) Limitations on Loan Rates.--
``(1) In general.--Except as provided in paragraph (2)--
``(A) the limitations imposed under this section on
the loan rate for a marketing assistance loan for a
loan commodity (referred to in this subsection as a
`covered commodity') shall not apply with respect to
the 1999 through 2002 crops of the covered commodity;
and
``(B) the loan rate for a marketing assistance loan
under section 131 for the 1999 through 2002 crops of
the covered commodity shall be not less than the higher
of--
``(i) 85 percent of the simple average
price received by producers of the covered
commodity, as determined by the Secretary,
during the marketing years for the immediately
preceding 5 crops of the covered commodity,
excluding the year in which the average price
was the highest and the year in which the
average price was the lowest in the period;
``(ii) if the world market price for the
crop of at least 3 loan commodities is less
than the loan rate established for the crop of
the respective loan commodities under
subsections (a) through (f), 95 percent of the
simple average price received by producers of
the covered commodity, as determined by the
Secretary, during the marketing years for the
immediately preceding 5 crops of the covered
commodity, excluding the year in which the
average price was the highest and the year in
which the average price was the lowest in the
period; or
``(iii) the loan rate established for the
1999 crop of the covered commodity under this
section.
``(2) Rice.--With respect to the 1999 through 2002 crops of
rice, the Secretary may establish a loan rate in excess of the
rate specified in subsection (e).
``(3) Retroactive application.--In the case of the 1999
crop of each loan commodity, the Secretary shall adjust
marketing assistance loans and loan deficiency payments made
before the date of enactment of this subsection to reflect the
requirements of paragraphs (1) and (2).''.
(b) Limitation on Marketing Loan Gains and Loan Deficiency
Payments.--Section 1001(2) of the Food Security Act of 1985 (7 U.S.C.
1308(2)) is amended by striking ``during any crop year may not exceed
$75,000'' and insert ``during--
``(A) each of the 1996 through 1998 crop years may
not exceed $75,000; and
``(B) each of the 1999 through 2002 crop years may
not exceed $150,000.''.
SEC. 3. EXTENSION OF MARKETING LOAN TERM.
Section 133 of the Agricultural Market Transition Act (7 U.S.C.
7233) is amended by striking subsection (c) and inserting the
following:
``(c) Extensions Authorized.--The Secretary may extend the term of
a marketing assistance loan for any loan commodity for a period not to
exceed 6 months.''.
SEC. 4. MAXIMUM ENROLLMENT IN CONSIDERATION RESERVE PROGRAM.
Section 1231(d) of the Food Security Act of 1985 (16 U.S.C.
3831(d)) is amended--
(1) by striking ``The'' and inserting the following:
``(1) In general.--Except as provided in paragraph (2),
the''; and
(2) by adding at the end the following:
``(2) Applicability.--Subject to the availability of
appropriations, paragraph (1) shall not apply to each of the
1999 through 2002 calendar years.''.
SEC. 5. WETLANDS RESERVE PROGRAM.
(a) Annual Enrollment Authority.--Section 1237(b) of the Food
Security Act of 1985 (16 U.S.C. 3837(b)) is amended by striking
paragraph (1) and inserting the following:
``(1) Annual enrollment authority.--For calendar years 2000
through 2005, the Secretary may enroll up to 250,000 acres
annually in the wetlands reserve program.''.
(b) Extension of Program.--Section 1237(c) of the Food Security Act
of 1985 (16 U.S.C. 3837(c)) is amended by striking ``2002'' and
inserting ``2005''.
(c) Eligible Lands.--Section 1237(d) of the Food Security Act of
1985 (16 U.S.C. 3837(d)) is amended--
(1) in paragraph (2), by striking ``or'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(4)(A) suitable for the establishment of wetland
functions and values;
``(B) land that would contribute substantially to the
habitat objectives of the North American Waterfowl Management
Plan signed by the Minister of the Environment for Canada and
the Secretary of the Interior of the United States in May 1986;
``(C) land that has not historically been wetlands.''.
(d) Cooperative Agreements.--Section 1237F of the Food Security Act
of 1985 (16 U.S.C. 3837f) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
``(b) Cooperative Agreements.--Notwithstanding chapter 63 of title
31, United States Code, the Secretary may enter into a cooperative
agreement for the acquisition of goods or services, including personal
services, with a State, a political subdivision or agency of a State, a
public or private agency, an organization, or any other person, without
regard to any requirements for competition, if the Secretary determines
that--
``(1) the objectives of the agreement will serve a mutual
interest of the parties to the agreement in wetland
conservation;
``(2) all parties will contribute resources to the
accomplishment of the objectives; and
``(3) the agreement will further the purposes of this
subchapter.''.
SEC. 6. REVIEW OF FEDERAL LAWS AND REGULATIONS THAT PROHIBIT THE SALE
OR PROVISION OF AGRICULTURAL COMMODITIES TO FOREIGN
COUNTRIES.
(a) Finding.--Congress finds that any Federal law (including a
regulation) that prohibits or otherwise restricts the sale or provision
of an agricultural commodity to a foreign country should be maintained
only if the prohibition or other restriction under the law or
regulation is essential to the national security interests of the
United States.
(b) Definitions.--In this section:
(1) Agricultural commodity.--The term ``agricultural
commodity'' has the meaning given the term in section 102 of
the Agricultural Trade Act of 1978 (7 U.S.C. 5602).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on International Relations and
the Committee on Armed Services of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Select Committee on Intelligence of the Senate.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(c) Study.--
(1) In general.--The President shall conduct an annual
study of each Federal law (including a regulation) that
prohibits or otherwise restricts the sale or provision of an
agricultural commodity to a foreign country to determine--
(A) whether the prohibition or other restriction
under the law is essential to the national security
interests of the United States, including a description
of the risk to the national security interests posed by
the removal of the prohibition or other restriction;
and
(B) the effects of the prohibition or other
restriction under the law on United States agriculture,
including an assessment of--
(i) the extent to all countries subject to
the prohibition constitute a market that
accounted for, in the calendar year preceding
the imposition of the prohibition or other
restriction, more than 3 percent of all export
sales from the United States of an agricultural
commodity;
(ii) the likely effect on incomes of
producers of the commodity involved;
(iii) the extent to which the prohibition
or other restriction would permit foreign
suppliers to replace United States suppliers;
and
(iv) the likely effect of the prohibition
or other restriction on the reputation of
United States agricultural producers as
reliable suppliers of specific agricultural
commodities and of agricultural commodities in
general.
(2) Secretary.--The President, acting through the
Secretary, shall conduct the assessment described in paragraph
(1)(B).
(d) Report.--Not later than 1 year after the date of enactment of
this Act, and annually thereafter, the President shall prepare and
submit to the appropriate congressional committees a report containing
the results of the study under subsection (c). | Amends the Food Security Act of 1985 to increase marketing loan gain and loan deficiency payment caps for crop years 1999 through 2002.
(Sec. 3) Amends the Agricultural Market Transition Act to authorize six-month marketing assistance loan extensions.
(Sec. 4) Amends the Food Security Act of 1985 to eliminate 1999 through 2002 conservation reserve acreage caps.
(Sec. 5) Revises the wetlands reserve program to: (1) replace the total program acreage cap with an annual cap for 2000 through 2005; (2) permit inclusion of land that has not historically been wetlands, land that is suitable for wetland establishment, or land that would contribute to certain Canadian-U.S. habitat objectives; and (3) authorize cooperative agreements for goods and services.
(Sec. 6) Declares that Congress finds that any Federal law or regulation prohibiting or restricting agricultural exports should be maintained only if essential to U.S. security. Directs the President to conduct a related annual assessment of such laws and regulations. | {"src": "billsum_train", "title": "Help Our Producers Equity Act of 1999"} | 2,024 | 227 | 0.422766 | 1.280536 | 0.706818 | 2.195876 | 9.443299 | 0.814433 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Support Act''.
SEC. 2. SCHOOL-BASED MENTAL HEALTH AND STUDENT SERVICE PROVIDERS.
(a) In General.--Subpart 14 of title V of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7269 et seq.) is amended--
(1) by inserting after the subpart heading the following:
``CHAPTER A--SYSTEMS INTEGRATION; PROMOTION OF SCHOOL READINESS'';
and
(2) by adding at the end the following:
``CHAPTER B--SCHOOL-BASED MENTAL HEALTH AND STUDENT SERVICE PROVIDERS
``SEC. 5545. FINDINGS.
``The Congress finds the following:
``(1) The Surgeon General of the Public Health Service has
found that although 1 in 10 children and adolescents suffer
from mental illness severe enough to cause some level of
impairment, in any given year fewer than 1 in 3 of these
children receives needed treatment. The short- and long-term
consequences of untreated childhood mental disorders are
costly, in both human and fiscal terms.
``(2) School counselors, school psychologists, other
qualified psychologists, child and adolescent psychiatrists,
and school social workers are needed to help these children and
to provide a variety of crucial support services.
``(3) Across the United States, there are insufficient
resources for school-based counseling professionals, and often
students do not get the help they need. The current national
average ratio of students to school counselors in elementary
and secondary schools is 471 to 1.
``(4) United States schools need more mental health
professionals, and they need the flexibility to hire the
professionals that will best serve their students.
``(5) According to the leading counseling, guidance, and
mental health organizations, including the American School
Counselor Association, the National Association of Social
Psychologists, the National Association of Social Workers, and
the School Social Work Association of America, the maximum
recommended ratio of--
``(A) students to school counselors is 250 to 1;
``(B) students to school psychologists is 1,000 to
1; and
``(C) students to school social workers is 250 to
1.
``(6) In some States, 1 school counselor typically serves
over 1,000 students. Ratios for school psychologists and school
social workers are also extremely high. In some schools, there
are no school-based mental health and student service providers
available to assist students in times of crisis, or at any
other time.
``(7) The number of students is expected to grow
significantly over the next few years. During this time, many
school-based mental health professionals who currently serve
the Nation's youth will retire.
``(8) Model programs using school-based mental health and
student service providers have reduced school suspensions,
reduced referrals to the principal's office, reduced the use of
weapons, force, and threats, and increased students' feelings
of safety.
``SEC. 5546. PURPOSES.
``The purposes of this chapter are to assist States and local
educational agencies in hiring additional school-based mental health
providers, including additional school counselors, school
psychologists, other qualified psychologists, child and adolescent
psychiatrists, and school social workers to achieve each of the
following:
``(1) To reduce the ratios of school-based mental health
and student service providers to students in elementary and
secondary schools in the United States to the following minimum
ratios recommended by the leading counseling, guidance, and
mental health organizations, including the American School
Counselor Association, the National Association of Social
Psychologists, the National Association of Social Workers, and
the School Social Work Association of America:
``(A) One school counselor for every 250 students.
``(B) One school psychologist for every 1,000
students.
``(C) One school social worker for every 250
students.
``(2) To provide school-based mental health and student
services.
``(3) To remove emotional, behavioral, and psychosocial
barriers to learning so as to enhance students' classroom
preparedness and ability to learn.
``(4) To support school staff and teachers in improving
classroom management, conducting behavioral interventions to
improve school discipline, and developing the awareness and
skills to identify early warning signs of violence and the need
for mental health services.
``(5) To support parental involvement in improving the
school behavior and academic success of their children.
``SEC. 5547. DEFINITIONS.
``In this chapter, the following definitions apply:
``(1) Child.--The term `child' means an individual who is
not less than 5 years old and not more than 17 years old.
``(2) Child and adolescent psychiatrist.--The term `child
and adolescent psychiatrist' has the meaning given such term in
section 5421(e).
``(3) Child in poverty.--The term `child in poverty' means
a child from a family with an income below the poverty line.
``(4) Mental health and student service provider.--The term
`mental health and student service provider' means a qualified
individual who provides mental health and student services,
including any individual who is a qualified school counselor, a
qualified school psychologist or any other qualified
psychologist, a child or adolescent psychiatrist, or a
qualified school social worker.
``(5) Mental health and student services.--The term `mental
health and student services' includes direct, individual, and
group services provided to students, parents, and school
personnel by mental health and student service providers, and
the coordination of prevention strategies in schools or
community-based programs.
``(6) Other qualified psychologist.--The term `other
qualified psychologist' has the meaning given such term in
section 5421(e).
``(7) Poverty line.--The term `poverty line' means the
poverty line (as defined by the Office of Management and
Budget, and revised annually in accordance with section 673(2)
of the Community Services Block Grant Act (42 U.S.C. 9902(2)))
applicable to a family of the size involved.
``(8) School counselor.--The term `school counselor' means
an individual who has documented competence in counseling
children and adolescents in a school setting and who--
``(A) possesses State licensure or certification
granted by an independent professional regulatory
authority;
``(B) possesses national certification in school
counseling or a specialty of counseling granted by an
independent professional organization; or
``(C) holds a minimum of a master's degree in
school counseling from a program accredited by the
Council for Accreditation of Counseling and Related
Educational Programs or the equivalent.
``(9) School psychologist.--The term `school psychologist'
means an individual who--
``(A) possesses a minimum of 60 graduate semester
hours in school psychology from an institution of
higher education and has completed 1,200 clock hours in
a supervised school psychology internship, of which 600
hours shall be in a school setting;
``(B) possesses State licensure or certification in
school psychology in the State in which the individual
works; or
``(C) possesses national certification by the
National School Psychology Certification Board.
``(10) School social worker.--The term `school social
worker' means an individual who--
``(A) holds a master's degree in social work from a
program accredited by the Council on Social Work
Education;
``(B) is licensed or certified by the State in
which services are provided; or
``(C) possesses a national credential or national
certification as a school social work specialist
granted by an independent professional organization.
``(11) State.--The term `State' means each of the several
States, the District of Columbia, and the Commonwealth of
Puerto Rico.
``SEC. 5548. SCHOOL-BASED MENTAL HEALTH AND STUDENT SERVICE PROVIDER
GRANT PROGRAM.
``(a) In General.--In accordance with this chapter, the Secretary
shall make grants to eligible States to assist local educational
agencies in those States in hiring additional school-based mental
health and student service providers.
``(b) Allocation of Funds.--From the total amount appropriated for
a fiscal year to carry out this chapter, the Secretary shall--
``(1) make available 1 percent of such amount to the
Secretary of the Interior (on behalf of the Bureau of Indian
Affairs) and the outlying areas for activities that carry out
the purposes of this chapter; and
``(2) make available in the form of grants to each eligible
State an amount equal to the sum of--
``(A) an amount that bears the same relationship to
50 percent of such total amount as the number of
children in poverty who reside in the State bears to
the number of such children in all States; and
``(B) an amount that bears the same relationship to
50 percent of such total amount as the number of
children enrolled in public and private nonprofit
elementary schools and secondary schools in the State
bears to the number of children enrolled in all such
schools in all States.
``(c) Minimum Grant.--Notwithstanding subsection (b), no grant
under this section shall be for an amount less than $1,000,000.
``(d) Reallocation.--The Secretary shall reallocate to States that
have received approval under subsection (e)(2) any funds allocated
under subsection (b) to a State that fails to submit an application
that is approved by the Secretary.
``(e) Application by State.--
``(1) In general.--To be eligible to receive a grant under
this chapter, a State shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require.
``(2) Approval.--The Secretary may not approve an
application under this subsection unless the State submitting
the application--
``(A) presents a plan, which the Secretary
considers to be reasonable, under which the State will
make grants, in accordance with the purposes of this
chapter, to local educational agencies to fund the
hiring of additional school counselors, school
psychologists, other qualified psychologists, child and
adolescent psychiatrists, and school social workers;
and
``(B) provides an assurance that the State will
provide the matching amount required under subsection
(g).
``(f) Use of Funds by State.--
``(1) In general.--In accordance with this subsection, the
total of the amounts made available to a State under this
section and the amounts of the non-Federal match required under
subsection (g) may only be used by a State to make grants to
local educational agencies to assist such agencies in hiring
additional school-based mental health and student service
providers.
``(2) Administrative costs.--In each fiscal year, a State
may use not more than 5 percent of the assistance made
available to it under this chapter for the administrative costs
of the State in carrying out the State's responsibilities under
this chapter.
``(3) Allocation of funds.--In making grants in accordance
with this subsection, the State shall allocate from the total
described in paragraph (1) to each local educational agency an
amount equal to the sum of--
``(A) an amount that bears the same relationship to
50 percent of such total as the number of children in
poverty who reside in the school district served by the
local educational agency bears to the number of such
children who reside in all the school districts in the
State; and
``(B) an amount that bears the same relationship to
50 percent of such total as the number of children
enrolled in public and private nonprofit elementary
schools and secondary schools in the school district
served by the local educational agency bears to the
number of children enrolled in all such schools in the
State.
``(4) Minimum grant.--Notwithstanding paragraph (3), no
grant made by a State in accordance with this subsection shall
be for an amount less than $50,000.
``(5) Source of data.--For purposes of paragraph (3), the
State shall use data from the most recent fiscal year for which
satisfactory data are available, except that the State may
adjust such data, or use alternative child poverty data, if the
State demonstrates to the Secretary's satisfaction that such
adjusted or alternative data more accurately reflect the
relative incidence of children who are living in poverty and
who reside in the school districts in the State.
``(6) Application by local educational agencies.--A State
may require that, in order to be eligible for a grant made by
the State in accordance with this subsection, a local
educational agency shall submit an application to the State at
such time, in such manner, and containing such information as
the State may require.
``(g) Matching Funds.--
``(1) In general.--As a condition of receiving a grant
under this section, the Secretary shall require that a State
provide from non-Federal sources an amount equal to the amount
of the grant.
``(2) Local contribution.--In making grants to local
educational agencies in accordance with this subsection, a
State may require that a local educational agency match a
portion of the amount of the grant made to the agency.
``(3) Form.--The non-Federal share required by this
subsection may be provided in cash or in kind, fairly
evaluated, and may include facilities, equipment, or services.
``(h) Funds To Be Supplementary.--Assistance made available under
this chapter shall be used to supplement, and may not supplant,
Federal, State, or local funds used for employing school-based mental
health and student service providers.
``(i) Data Collection and Report.--
``(1) In general.--For each fiscal year for which it
receives assistance under this chapter, a State shall collect
data describing how the assistance is used.
``(2) Report.--Not later than 1 year after assistance is
made available to a State under this chapter, the State shall
transmit to the Secretary a report on the data described in
paragraph (1), including information with respect to each local
educational agency to which the State made a grant with
assistance made available under this chapter--
``(A) the number of school counselors, school
psychologists, other qualified psychologists, child and
adolescent psychiatrists, and school social workers
employed by local educational agency; and
``(B) the ratio of students to school counselors,
the ratio of students to school psychologists or other
qualified psychologists, the ratio of students to child
and adolescent psychiatrists, and the ratio of students
to school social workers.
``(3) Source of funds.--A State may use a portion of the
assistance permitted to be used for administrative costs to
carry out its responsibilities under this subsection.
``(4) Publication.--The Secretary shall make data received
under this subsection publicly available on an annual basis.
``SEC. 5549. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this chapter
$100,000,000 for each of fiscal years 2016 through 2024.''.
(b) Clerical Amendments.--The table of contents for the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended
by amending the items relating to subpart 14 of title V to read as
follows:
``Subpart 14--Grants To Improve the Mental Health of Children
``CHAPTER A--SYSTEMS INTEGRATION; PROMOTION OF SCHOOL READINESS
``Sec. 5541. Grants for the integration of schools and mental health
systems.
``Sec. 5542. Promotion of school readiness through early childhood
emotional and social development.
``CHAPTER B--SCHOOL-BASED MENTAL HEALTH AND STUDENT SERVICE PROVIDERS
``Sec. 5545. Findings.
``Sec. 5546. Purposes.
``Sec. 5547. Definitions.
``Sec. 5548. School-based mental health and student service provider
grant program.
``Sec. 5549. Authorization of appropriations.''. | Student Support Act This bill amends the Elementary and Secondary Education Act of 1965 to require the Department of Education to make matching grants of at least $1 million to states for allocation to local educational agencies (LEAs) so that additional school-based mental health and student service providers may be hired, thereby reducing the student-to-provider ratios in elementary and secondary schools to specified minimum levels recommended by the leading counseling, guidance, and mental health organizations. These minimum ratios are: (1) 1 school counselor for every 250 students, (2) 1 school psychologist for every 1,000 students, and (3) 1 school social worker for every 250 students. Grants to states and state allocations to LEAs must be made pursuant to specified formulas that take into account a state's and school district's share of children in poverty. | {"src": "billsum_train", "title": "Student Support Act"} | 3,566 | 171 | 0.588955 | 1.696927 | 0.745722 | 2.7375 | 21.05 | 0.875 |
SECTION 1. FINDINGS.
Congress makes the following findings:
(1) Across the United States, family, juvenile, and
domestic relations courts experience shortages of qualified
attorneys to represent the interests of men, women, and
children involved in the court system.
(2) The Constitution of the United States provides that
everyone charged with a crime is entitled to adequate counsel.
(3) In 1967, the Supreme Court held, for the first time,
that children were persons under the provisions of the 14th
amendment to the Constitution relating to due process and
entitled to certain constitutional rights.
(4) In the case of In re Gault (387 U.S. 1) (1967), the
Supreme Court held that juveniles are entitled to notice of the
charges against them, legal counsel, questioning of witnesses,
and protection against self-incrimination in a hearing that
could result in commitment to an institution.
(5) Studies have indicated that many juveniles do not
receive the due process protections to which they are entitled.
More importantly, they frequently do not receive effective
assistance of legal counsel.
(6) Lawyers who represent juveniles often labor under
enormous caseloads with little training or support staff.
(7) Public defenders who represent juveniles have, on
average, more than 500 cases per year, with more than 300 of
those cases being juvenile cases.
(8) Public defenders often lack specialized training in
representing juveniles. Approximately one-half of public
defender offices do not even have a section devoted to juvenile
delinquency practice in their office training manuals.
(9) Due to relatively low wages, there is a nationwide
shortage of family law attorneys willing to represent
juveniles.
(10) The shortage of family law attorneys results in a
severe, disproportionate, and negative impact upon children,
impoverished parents, and victims of domestic violence.
(11) Children involved in family court cases are assigned
attorneys to protect their interests. Adults are entitled to
representation by attorneys. The lack of available
representation by family law attorneys causes children to spend
more time in foster care because cases are adjourned or
postponed due to lack of appropriate representation. Victims of
domestic violence seeking protection from their abusers often
will remain in the abusive situation, choose to represent
themselves, or wait until an attorney becomes available, all of
which risk their personal safety.
(12) In 1995, 3,100,000 children were reported to child
protection agencies as being abused or neglected, which is
about double the number reported in 1984. Of these, 996,000
children were confirmed after investigation to be abused or
neglected. A 1996 study by the Department of Health and Human
Services found that the number of children seriously injured
nearly quadrupled between 1986 and 1993 from 141,700 to
565,000.
(13) As of 1995, year-end, about 494,000 children were in
foster care, a considerable rise from the estimated 280,000
children in foster care at the end of 1986. Most of these
children were in foster care because of abuse, neglect, or
abandonment by their parents. Many are also placed in foster
care due to a court order during a child protection case.
(14) Some estimates suggest that in 70 percent of homes
where there is domestic violence, there is also child abuse.
(15) Children who witness domestic violence can also
develop posttraumatic stress disorder, low self-esteem,
anxiety, depression, eating disorders, and destructive behavior
that can last through adulthood, limiting an individual's
ability to achieve academically, socially, and on the job.
However, early intervention and education can help prevent
further danger to children.
(16) Continued adjournment forces victims to repeatedly
confront their abusers in court. This not only increases the
risk of retribution, but also the chance that the victim will
abandon the process because of the burden.
(17) Between 1984 and 1994 there was a 65 percent increase
in domestic relations cases and a 59 percent increase in the
number of juvenile cases.
(18) The caseload for child abuse in New York State alone
has increased by more than 300 percent between 1984 and 1988.
(19) Judges in Chicago hear on average 1,700 delinquency
cases per month, and in Los Angeles judges for juvenile cases
have about 10 minutes to devote to each case.
SEC. 2. PURPOSE.
The purposes of this Act are--
(1) to encourage attorneys to enter the field of family
law, juvenile law, or domestic relations law;
(2) to increase the number of attorneys who will represent
low-income families and individuals, and who are trained and
educated in such field; and
(3) to keep more highly trained family law, juvenile law,
and domestic relations attorneys in those fields of law for
longer periods of time.
SEC. 3. LOAN FORGIVENESS.
Part B of title IV of the Higher Education Act of 1965 (20 U.S.C.
1071 et seq.) is amended by inserting after section 428K (20 U.S.C.
1078-11) the following:
``SEC. 428L. LOAN FORGIVENESS FOR FAMILY LAW, JUVENILE LAW, AND
DOMESTIC RELATIONS ATTORNEYS WHO WORK IN THE DEFENSE OF
LOW-INCOME FAMILIES, INDIVIDUALS, OR CHILDREN.
``(a) Definitions.--In this section:
``(1) Eligible loan.--The term `eligible loan' means a loan
made, insured, or guaranteed under this part or part D
(excluding loans made under section 428B or 428C, or comparable
loans made under part D) for attendance at a law school.
``(2) Family law or domestic relations attorney.--The term
`family law or domestic relations attorney' means an attorney
who works in the field of family law or domestic relations,
including juvenile justice, truancy, child abuse or neglect,
adoption, domestic relations, child support, paternity, and
other areas which fall under the field of family law or
domestic relations law as determined by State law.
``(3) Highly qualified attorney.--The term `highly
qualified attorney' means an attorney who has at least 2
consecutive years of experience in the field of family or
domestic relations law serving as a representative of low-
income families or minors.
``(b) Demonstration Program.--
``(1) In general.--The Secretary may carry out a
demonstration program of assuming the obligation to repay
eligible loans for any new borrower after the date of enactment
of this section who--
``(A) obtains a Juris Doctorate (JD) and takes not
less than 1 law school class in family law, juvenile
law, domestic relations law, or a class that the
Secretary finds equivalent to any such class pursuant
to regulations prescribed by the Secretary; and
``(B) has worked full-time for a State or local
government entity, or a nonprofit private entity, as a
family law or domestic relations attorney on behalf of
low-income individuals in the family or domestic
relations court system for 2 consecutive years
immediately preceding the year for which the
determination was made.
``(2) Award basis.--Loan repayment under this section shall
be on a first-come, first-served basis and subject to the
availability of appropriations.
``(3) Priority.--The Secretary shall give priority in
providing loan repayment under this section for a fiscal year
to student borrowers who received loan repayment under this
section for the preceding fiscal year.
``(c) Loan Repayment.--
``(1) In general.--For each eligible individual selected
for the demonstration program under subsection (b), the
Secretary shall assume the obligation to repay--
``(A) after the third consecutive year of
employment described in subparagraph (B) of subsection
(b)(1), 20 percent of the total amount of all eligible
loans;
``(B) after the fourth consecutive year of such
employment, 30 percent of the total amount of all
eligible loans; and
``(C) after the fifth consecutive year of such
employment, 50 percent of the total amount of all
eligible loans.
``(2) Construction.--Nothing in this section shall be
construed to authorize any refunding of any repayment of a loan
made under this part or part D.
``(3) Interest.--If a portion of a loan is repaid by the
Secretary under this section for any year, the proportionate
amount of interest on such loan that accrues for such year
shall be repaid by the Secretary.
``(4) Ineligibility of national service award recipients.--
No student borrower may, for the same service, receive a
benefit under both this section and subtitle D of title I of
the National and Community Service Act of 1990 (42 U.S.C. 12601
et seq.).
``(d) Repayment to Eligible Lenders.--The Secretary shall pay to
each eligible lender or holder for each fiscal year an amount equal to
the aggregate amount of eligible loans which are subject to repayment
pursuant to this section for such year.
``(e) Application for Repayment.--
``(1) In general.--Each eligible individual desiring loan
repayment under this section shall submit a complete and
accurate application to the Secretary at such time, in such
manner, and containing such information as the Secretary may
require.
``(2) Conditions.--An eligible individual may apply for
loan repayment under this section after completing each year of
qualifying employment. The borrower shall receive forbearance
while engaged in qualifying employment unless the borrower is
in deferment while so engaged.
``(f) Evaluation.--
``(1) In general.--The Secretary shall conduct, by grant or
contract, an independent national evaluation of the impact of
the demonstration program assisted under this section on the
field of family and domestic relations law.
``(2) Competitive basis.--The grant or contract described
in this subsection shall be awarded on a competitive basis.
``(3) Contents.--The evaluation described in this
subsection shall determine whether the loan forgiveness program
assisted under this section--
``(A) has increased the number of highly qualified
attorneys;
``(B) has contributed to increased time on the job
for family law or domestic relations attorneys, as
measured by--
``(i) the length of time family law or
domestic relations attorneys receiving loan
forgiveness under this section have worked in
the family law or domestic relations field; and
``(ii) the length of time family law or
domestic relations attorneys continue to work
in such field after the attorneys meet the
requirements for loan forgiveness under this
section;
``(C) has increased the experience and the quality
of family law or domestic relations attorneys; and
``(D) has contributed to better family outcomes, as
determined after consultation with the Secretary of
Health and Human Services and the Attorney General.
``(4) Interim and final evaluation reports.--The Secretary
shall prepare and submit to the President and Congress such
interim reports regarding the evaluation described in this
section as the Secretary determines appropriate, and shall
prepare and submit a final report regarding the evaluation by
September 30, 2010.
``(g) Regulations.--The Secretary is authorized to prescribe such
regulations as may be necessary to carry out the provisions of this
section.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $20,000,000 for fiscal year
2006, and such sums as are necessary for each of the 4 succeeding
fiscal years.''. | Amends the Higher Education Act of 1965 to establish a demonstration program of student loan forgiveness for highly qualified attorneys who: (1) work for state or local government, or nonprofit private, entities on behalf of low-income families or individuals in the family or domestic relations court system; and (2) have trained and worked in areas including juvenile justice, truancy, child abuse or neglect, adoption, domestic relations, child support, paternity, or others which state law determines to be in the field of family or domestic relations law. | {"src": "billsum_train", "title": "A bill to amend the Higher Education Act of 1965 to provide loan forgiveness for attorneys who represent low-income families or individuals involved in the family or domestic relations court system."} | 2,479 | 109 | 0.358609 | 1.081939 | 0.737116 | 4.557692 | 22.730769 | 0.961538 |
TITLE I--FAMILY ASSISTANCE PROVISIONS
SEC. 101. EXTENSION OF THE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
BLOCK GRANT PROGRAM THROUGH MARCH 31, 2004.
(a) In General.--Activities authorized by part A of title IV of the
Social Security Act, and by sections 510, 1108(b), and 1925 of such
Act, shall continue through March 31, 2004, in the manner authorized
for fiscal year 2002, notwithstanding section 1902(e)(1)(A) of such
Act, and out of any money in the Treasury of the United States not
otherwise appropriated, there are hereby appropriated such sums as may
be necessary for such purpose. Grants and payments may be made pursuant
to this authority for carrying out such activities during the first two
quarters of fiscal year 2004 at the level provided for the first two
quarters of fiscal year 2002.
(b) Conforming Amendments.--
(1) Supplemental grants for population increases in certain
states.--Section 403(a)(3)(H) of the Social Security Act (42 U.S.C.
603(a)(3)(H)) is amended--
(A) in the subparagraph heading, by striking ``of grants
for fiscal year 2002''; and
(B) in clause (ii)--
(i) by striking ``2003'' and inserting ``March 31,
2004''; and
(ii) by striking ``2001'' and inserting ``fiscal year
2001''.
(2) Contingency fund.--Section 403(b)(3)(C)(ii) of such Act (42
U.S.C. 603(b)(3)(C)(ii)) is amended by striking ``2003'' and
inserting ``2004''.
(3) Maintenance of effort.--Section 409(a)(7) of such Act (42
U.S.C. 609(a)(7)) is amended--
(A) in subparagraph (A), by striking ``or 2004'' and
inserting ``2004, or 2005''; and
(B) in subparagraph (B)(ii), by striking ``2003'' and
inserting ``2004''.
SEC. 102. EXTENSION OF THE NATIONAL RANDOM SAMPLE STUDY OF CHILD
WELFARE AND CHILD WELFARE WAIVER AUTHORITY THROUGH MARCH
31, 2004.
Activities authorized by sections 429A and 1130(a) of the Social
Security Act shall continue through March 31, 2004, in the manner
authorized for fiscal year 2002, and out of any money in the Treasury
of the United States not otherwise appropriated, there are hereby
appropriated such sums as may be necessary for such purpose. Grants and
payments may be made pursuant to this authority for carrying out such
activities during the first two quarters of fiscal year 2004 at the
level provided for the first two quarters of fiscal year 2002.
TITLE II--TAX PROVISIONS
SEC. 201. DISCLOSURE OF RETURN INFORMATION TO CARRY OUT INCOME
CONTINGENT REPAYMENT OF STUDENT LOANS.
(a) In General.--Subparagraph (D) of section 6103(l)(13) of the
Internal Revenue Code of 1986 (relating to termination) is amended by
striking ``September 30, 2003'' and inserting ``December 31, 2004''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to requests made after September 30, 2003.
SEC. 202. EXTENSION OF INTERNAL REVENUE SERVICE USER FEES.
(a) In General.--Chapter 77 of the Internal Revenue Code of 1986
(relating to miscellaneous provisions) is amended by adding at the end
the following new section:
``SEC. 7528. INTERNAL REVENUE SERVICE USER FEES.
``(a) General Rule.--The Secretary shall establish a program
requiring the payment of user fees for--
``(1) requests to the Internal Revenue Service for ruling
letters, opinion letters, and determination letters, and
``(2) other similar requests.
``(b) Program Criteria.--
``(1) In general.--The fees charged under the program required
by subsection (a)--
``(A) shall vary according to categories (or subcategories)
established by the Secretary,
``(B) shall be determined after taking into account the
average time for (and difficulty of) complying with requests in
each category (and subcategory), and
``(C) shall be payable in advance.
``(2) Exemptions, etc.--
``(A) In general.--The Secretary shall provide for such
exemptions (and reduced fees) under such program as the
Secretary determines to be appropriate.
``(B) Exemption for certain requests regarding pension
plans.--The Secretary shall not require payment of user fees
under such program for requests for determination letters with
respect to the qualified status of a pension benefit plan
maintained solely by 1 or more eligible employers or any trust
which is part of the plan. The preceding sentence shall not
apply to any request--
``(i) made after the later of--
``(I) the fifth plan year the pension benefit plan
is in existence, or
``(II) the end of any remedial amendment period
with respect to the plan beginning within the first 5
plan years, or
``(ii) made by the sponsor of any prototype or similar
plan which the sponsor intends to market to participating
employers.
``(C) Definitions and special rules.--For purposes of
subparagraph (B)--
``(i) Pension benefit plan.--The term `pension benefit
plan' means a pension, profit-sharing, stock bonus,
annuity, or employee stock ownership plan.
``(ii) Eligible employer.--The term `eligible employer'
means an eligible employer (as defined in section
408(p)(2)(C)(i)(I)) which has at least 1 employee who is
not a highly compensated employee (as defined in section
414(q)) and is participating in the plan. The determination
of whether an employer is an eligible employer under
subparagraph (B) shall be made as of the date of the
request described in such subparagraph.
``(iii) Determination of average fees charged.--For
purposes of any determination of average fees charged, any
request to which subparagraph (B) applies shall not be
taken into account.
``(3) Average fee requirement.--The average fee charged under
the program required by subsection (a) shall not be less than the
amount determined under the following table:
Average
``Category
Fee
Employee plan ruling and opinion..........................
$250
Exempt organization ruling................................
$350
Employee plan determination...............................
$300
Exempt organization determination.........................
$275
Chief counsel ruling......................................
$200.
``(c) Termination.--No fee shall be imposed under this section with
respect to requests made after December 31, 2004.''.
(b) Conforming Amendments.--
(1) The table of sections for chapter 77 of such Code is
amended by adding at the end the following new item:
``Sec. 7528. Internal Revenue Service user fees.''.
(2) Section 10511 of the Revenue Act of 1987 is repealed.
(3) Section 620 of the Economic Growth and Tax Relief
Reconciliation Act of 2001 is repealed.
(c) Limitations.--Notwithstanding any other provision of law, any
fees collected pursuant to section 7528 of the Internal Revenue Code of
1986, as added by subsection (a), shall not be expended by the Internal
Revenue Service unless provided by an appropriations Act.
(d) Effective Date.--The amendments made by this section shall
apply to requests made after the date of the enactment of this Act.
TITLE III--TRADE PROVISIONS
SEC. 301. EXTENSION OF COBRA FEES.
Section 13031(j)(3) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended by striking
``September 30, 2003'' and inserting ``March 31, 2004''.
TITLE IV--MEDICARE COST-SHARING PROVISIONS
SEC. 401. EXTENSION OF MEDICARE COST-SHARING FOR CERTAIN QUALIFYING
INDIVIDUALS.
(a) Extension of Sunset.--Section 1902(a)(10)(E)(iv) of the Social
Security Act (42 U.S.C. 1396a(a)(10)(E)(iv)) is amended--
(1) by striking subclause (II);
(2) beginning in the matter preceding subclause (I), by
striking ``ending with December 2002'' and all that follows through
``for medicare cost-sharing described'' in subclause (I) and
inserting ``ending with March 2004) for medicare cost-sharing
described''; and
(3) by striking ``, and'' at the end and inserting a semicolon.
(b) Total Amount Available for Allocation.--Section 1933(c) of the
Social Security Act (42 U.S.C. 1396u-3(c)) is amended--
(1) in paragraph (1)(E), by striking ``fiscal year 2002'' and
inserting ``each of fiscal years 2002 and 2003''; and
(2) in paragraph (2)(A), by striking ``the sum of'' and all
that follows through ``1902(a)(10)(E)(iv)(II) in the State; to''
and inserting ``the total number of individuals described in
section 1902(a)(10)(E)(iv) in the State; to''.
(c) Special Rule for First Quarter of 2004.--Section 1933 of the
Social Security Act (42 U.S.C. 1396u-3) is amended by adding at the end
the following:
``(g) Special Rule.--With respect to the period that begins on
January 1, 2004, and ends on March 31, 2004, a State shall select
qualifying individuals, and provide such individuals with assistance,
in accordance with the provisions of this section as in effect with
respect to calendar year 2003, except that for such purpose--
``(1) references in the preceding subsections of this section
to `fiscal year' and `calendar year' shall be deemed to be
references to such period; and
``(2) the total allocation amount under subsection (c) for such
period shall be $100,000,000.''.
SEC. 402. EXTENSION OF PROVISION EQUALIZING URBAN AND RURAL
STANDARDIZED MEDICARE INPATIENT HOSPITAL PAYMENTS.
(a) In General.--Paragraphs (1) and (2) of section 402(b) of the
Miscellaneous Appropriations Act, 2003 (Public Law 108-7; 117 Stat.
548) are each amended by striking ``September 30, 2003'' and inserting
``March 31, 2004''.
(b) Effective Date.--
(1) In general.--Subject to paragraph (2), the amendments made
by subsection (a) shall take effect as if included in the enactment
of the Miscellaneous Appropriations Act, 2003.
(2) Authority to delay implementation.--
(A) In general.--If the Secretary of Health and Human
Services (in this subsection referred to as the ``Secretary'')
determines that it is not administratively feasible to
implement the amendments made by subsection (a),
notwithstanding such amendments and in order to comply with
Congressional intent, the Secretary may delay the
implementation of such amendments until such time as the
Secretary determines to be appropriate, but in no case later
than November 1, 2003.
(B) Temporary adjustment for remainder of fiscal year 2004
to effect full rate change.--If the Secretary delays
implementation of the amendments made by subsection (a) under
subparagraph (A), the Secretary shall make such adjustment to
the amount of payments affected by such delay, for the portion
of fiscal year 2004 after the date of the delayed
implementation, in such manner as the Secretary estimates will
ensure that the total payments for inpatient hospital services
so affected with respect to such fiscal year is the same as
would have been made if this paragraph had not been enacted.
(C) No effect on payments for subsequent payment periods.--
The application of subparagraphs (A) and (B) shall not affect
payment rates and shall not be taken into account in
calculating payment amounts for services furnished for periods
after September 30, 2004.
(D) Administration of provisions.--
(i) No rulemaking or notice required.--The Secretary
may carry out the authority under this paragraph by program
memorandum or otherwise and is not required to prescribe
regulations or to provide notice in the Federal Register in
order to carry out such authority.
(ii) Limitation on review.--There shall be no
administrative or judicial review under section 1869 or
1878 of the Social Security Act (42 U.S.C. 1395ff and
1395oo), or otherwise of any delay or determination made by
the Secretary under this paragraph or the application of
the payment rates determined under this paragraph.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Title I: Family Assistance Provisions - (Sec. 101) Extends through March 31, 2004, the TANF (Temporary Assistance for Needy Families) program under part A of title IV of the Social Security Act (SSA), and related provisions, including those providing for abstinence education and for extending eligibility for medical assistance under Medicaid (SSA title XIX) for six months for former TANF recipients, which were originally set to expire on September 30, 2002.
(Sec. 102) Provides for a similar extension with respect to the national random sample study of child welfare under SSA title IV part B (Child and Family Services).
Title II: Tax Provisions - Amends the Internal Revenue Code to provide for the extension through December 31, 2004, of the authority for : (1) disclosure of tax return information to carry out income contingent repayment of student loans; and (2) Internal Revenue Service user fees.
Title III: Trade Provisions - Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to provide for an extension though March 31, 2004, of the authority for fees for certain customs services.
Title IV: Medicare Cost-Sharing Provisions - (Sec. 401) Amends SSA title XIX to provide for the extension through March 31, 2004, of Medicare cost-sharing for certain low-income individuals.
(Sec. 402) Amends the Miscellaneous Appropriations Act, 2003 to extend from September 30, 2003, through March 31, 2004, the requirement that rural standardized payment amounts under the Medicare Inpatient Hospital Prospective Payment System be increased to an amount equal to the standardized amount otherwise applicable for hospitals in a large urban area. | {"src": "billsum_train", "title": "To extend the Temporary Assistance for Needy Families block grant program, and certain tax and trade programs, and for other purposes."} | 3,055 | 369 | 0.590977 | 1.813021 | 0.647743 | 2.65 | 7.84375 | 0.85625 |
SECTION 1. 5-YEAR BAN ON LOBBYING BY INDIVIDUALS APPOINTED TO EXECUTIVE
SCHEDULE POSITIONS AND MEMBERS OF CONGRESS.
(a) Individuals Appointed to Executive Schedule Positions.--
(1) In general.--Section 207(d) of title 18, United States
Code, is amended to read as follows:
``(d) Restrictions on Very Senior Personnel of the Executive Branch
and Independent Agencies.--
``(1) Vice president.--
``(A) Restrictions.--In addition to the
restrictions set forth in subsections (a) and (b), any
person who serves in the position of Vice President of
the United States and who, within 2 years after the
termination of that person's service in that position,
knowingly makes, with the intent to influence, any
communication to or appearance before any person
described in subparagraph (B), on behalf of any other
person (except the United States), in connection with
any matter on which such person seeks official action
by any officer or employee of the executive branch of
the United States, shall be punished as provided in
section 216 of this title.
``(B) Persons who may not be contacted.--A person
described in this subparagraph is--
``(i) any officer or employee of any
department or agency in which the Vice
President served within a period of 1 year
before the Vice President's service or
employment with the United States Government
terminated; and
``(ii) any person appointed to a position
in the executive branch which is listed in
section 5312, 5313, 5314, 5315, or 5316 of
title 5.
``(2) Five-year restriction on individuals in executive
schedule and equivalent positions.--
``(A) In general.--Except as provided in
subparagraphs (B) and (C), and in addition to the
restrictions set forth in subsections (a) and (b), any
individual employed in a position in the executive
branch for which the rate of pay is the rate of pay
payable for any level of the Executive Schedule under
subchapter II of chapter 53 of title 5 who, within 5
years after the termination of his or her service or
employment in such position, knowingly makes, with the
intent to influence, any communication to or appearance
before any officer or employee of any department or
agency in the executive branch, on behalf of any other
person (except the United States), in connection with
any matter on which such person seeks official action
by any officer or employee of such department or
agency, shall be punished as provided in section 216 of
this title.
``(B) Special government employees.--Subparagraph
(A) shall not apply to a special Government employee
who serves less than 60 days in the 1-year period
before his or her service or employment as such
employee terminates.
``(C) Waiver.--
``(i) Authority.--Except as provided in
clause (ii), at the request of a department or
agency, the Director of the Office of
Government Ethics may waive the restrictions
under subparagraph (A) with respect to a
position, or a category of positions, if the
Director determines that--
``(I) the imposition of the
restrictions with respect to the
position, or category of positions,
would create an undue hardship on the
department or agency in obtaining
qualified personnel to fill the
position, or category of positions; and
``(II) granting the waiver would
not create the potential for use of
undue influence or unfair advantage.
``(ii) Excluded positions.--The Director of
the Office of Government Ethics may not waive
the restrictions under subparagraph (A) with
respect to--
``(I) a position in the executive
branch (including any independent
agency) for which the rate of pay is
the rate of pay payable for level I of
the Executive Schedule; or
``(II) a position in the Executive
Office of the President for which the
rate of pay is the rate of pay for
level II of the Executive Schedule.''.
(2) Technical and conforming amendments.--Section 207 of
title 18, United States Code, is amended--
(A) in subsection (c)(2)--
(i) in subparagraph (A)--
(I) by striking clauses (i) and
(iii);
(II) by redesignating clauses (ii),
(iv), and (v) as clauses (i), (ii), and
(iii), respectively; and
(III) in clause (i), as so
redesignated--
(aa) by striking ``which is
not referred to in clause (i)''
the first place it appears and
inserting ``for which the rate
of pay is not specified in or
fixed according to subchapter
II of chapter 53 of title 5'';
and
(bb) by striking ``, or,
for a period of 2 years'' and
all that follows through the
end of clause (i) and inserting
a comma; and
(ii) in subparagraph (C), in the matter
preceding clause (i), by striking ``clause (ii)
or (iv)'' and inserting ``clause (i) or (ii)'';
and
(B) in subsection (h)(2), by striking the second
sentence.
(b) Members of Congress.--Section 207(e)(1) of title 18, United
States Code, is amended--
(1) in subparagraph (A), by striking ``2 years'' and
inserting ``5 years''; and
(2) in subparagraph (B)(i), by striking ``Any person who is
a Member of the House of Representatives or an elected officer
of the House of Representatives and who, within 1 year after
that person leaves office,'' and inserting ``Any person who is
a Member of the House of Representatives and who, within 5
years after that person leaves office, or any person who is an
elected officer of the House of Representatives and who, within
1 year after that person leaves office,''. | This bill amends the federal criminal code to increase to five years the ban on individuals appointed to executive schedule positions (except special government employees who serve less than 60 days in a 1-year period) from engaging in lobbying activities in the executive branch. The Office of Government Ethics may waive lobbying restrictions for certain executive schedule employees if it determines that the restrictions would create an undue hardship in obtaining qualified personnel for agency positions and granting such waiver would not create the potential for use of undue influence or unfair advantage. The bill increases to five years the ban on lobbying activities by Senators or Members of the House of Representatives. | {"src": "billsum_train", "title": "A bill to establish a 5-year ban on individuals appointed to Executive Schedule positions and Members of Congress engaging in lobbying activities at the Federal level."} | 1,366 | 135 | 0.519317 | 1.390377 | 0.486269 | 2.710744 | 10.528926 | 0.859504 |
SECTION 1. REFERENCES TO TITLE 38, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of title 38, United States
Code.
TITLE I--ENHANCED-USE LEAS- ES OF DEPARTMENT OF VETERANS AFFAIRS REAL
PROPERTY
SEC. 101. EXPANSION OF AUTHORITY FOR ENHANCED-USE LEASES OF DEPARTMENT
OF VETERANS AFFAIRS REAL PROPERTY.
(a) Five-Year Extension of Authority.--Section 8169 is amended by
striking out ``December 31, 1997'' and inserting in lieu thereof
``December 31, 2002''.
(b) Repeal of Limitation on Number of Agreements.--(1) Section 8168
is repealed.
(2) The table of sections at the beginning of chapter 81 is amended
by striking out the item relating to section 8168.
TITLE II--RENAMING PROVISIONS
SEC. 201. RENAMING OF THE COURT OF VETERANS APPEALS.
(a) In General.--(1) The United States Court of Veterans Appeals
shall hereafter be known and designated as the United States Court of
Appeals for Veterans Claims.
(2) Section 7251 is amended by striking out ``United States Court
of Veterans Appeals'' and inserting in lieu thereof ``United States
Court of Appeals for Veterans Claims''.
(b) Conforming Amendments.--
(1) The following sections are amended by striking out
``Court of Veterans Appeals'' each place it appears and
inserting in lieu thereof ``Court of Appeals for Veterans
Claims'': sections 5904, 7101(b), 7252(a), 7253, 7254, 7255,
7256, 7261, 7262, 7263, 7264, 7266(a)(1), 7267(a), 7268(a),
7269, 7281(a), 7282(a), 7283, 7284, 7285(a), 7286, 7291, 7292,
7296, 7297, and 7298.
(2)(A)(i) The heading of section 7286 is amended to read as
follows:
``Sec. 7286. Judicial Conference of the Court of Appeals for Veterans
Claims''.
(ii) The item relating to section 7286 in the table of
sections at the beginning of chapter 72 is amended to read as
follows:
``7286. Judicial Conference of the Court of Appeals for Veterans
Claims.''.
(B)(i) The heading of section 7291 is amended to read as
follows:
``Sec. 7291. Date when United States Court of Appeals for Veterans
Claims decision becomes final''.
(ii) The item relating to section 7291 in the table of
sections at the beginning of chapter 72 is amended to read as
follows:
``7291. Date when United States Court of Appeals for Veterans Claims
decision becomes final.''.
(C)(i) The heading of section 7298 is amended to read as
follows:
``Sec. 7298. Court of Appeals for Veterans Claims Retirement Fund''.
(ii) The item relating to section 7298 in the table of
sections at the beginning of chapter 72 is amended to read as
follows:
``7298. Court of Appeals for Veterans Claims Retirement Fund.''.
(3) The item relating to chapter 72 in the table of
chapters at the beginning of title 38 and the item relating to
such chapter in the table of chapters at the beginning of part
V are amended to read as follows:
``72. United States Court of Appeals for Veterans Claims 7251''.
(c) Conforming Amendments to Other Laws.--
(1) The following provisions of law are amended by striking
out ``Court of Veterans Appeals'' each place it appears and
inserting in lieu thereof ``Court of Appeals for Veterans
Claims'':
(A) Section 8440d of title 5, United States Code.
(B) Section 2412 of title 28, United States Code.
(C) Section 906 of title 44, United States Code.
(D) Section 109 of the Ethics in Government Act of
1978 (5 U.S.C. App.).
(2)(A) The heading of section 8440d of title 5, United
States Code, is amended to read as follows:
``Sec. 8440d. Judges of the United States Court of Appeals for Veterans
Claims''.
(B) The item relating to such section in the table of
sections at the beginning of chapter 84 of such title is
amended to read as follows:
``8440d. Judges of the United States Court of Appeals for Veterans
Claims.''.
(d) Other Legal References.--Any reference in a law, regulation,
document, paper, or other record of the United States to the United
States Court of Veterans Appeals shall be deemed to be a reference to
the United States Court of Appeals for Veterans Claims.
SEC. 202. REDESIGNATION OF NATIONAL CEMETERY SYSTEM.
(a) Redesignation as National Cemetery Administration.--(1) The
National Cemetery System of the Department of Veterans Affairs shall
hereafter be known and designated as the National Cemetery
Administration. The position of Director of the National Cemetery
System is hereby redesignated as Assistant Secretary of Veterans
Affairs for Memorial Affairs.
(2) Section 301(c)(4) is amended by striking out ``National
Cemetery System'' and inserting in lieu thereof ``National Cemetery
Administration''.
(3) Section 307 of such title is amended--
(A) in the first sentence, by striking out ``a Director of
the National Cemetery System'' and inserting in lieu thereof
``an Assistant Secretary for Memorial Affairs''; and
(B) in the second sentence, by striking out ``The
Director'' and all that follows through ``National Cemetery
System'' and inserting in lieu thereof ``The Assistant
Secretary is the head of the National Cemetery
Administration''.
(b) Conforming Amendments.--
(1)(A) The heading of section 307 is amended to read as
follows:
``Sec. 307. Assistant Secretary for Memorial Affairs''.
(B) The item relating to section 307 in the table of
sections at the beginning of chapter 3 is amended to read as
follows:
``307. Assistant Secretary for Memorial Affairs.''.
(2) Section 308 is amended--
(A) in subsection (a), by inserting before the
period at the end of the first sentence ``, in addition
to the Assistant Secretary for Memorial Affairs'';
(B) in subsection (b), by inserting ``other than
the Assistant Secretary for Memorial Affairs'' after
``Assistant Secretaries''; and
(C) in subsection (c), by inserting ``pursuant to
subsection (b)'' after ``Assistant Secretary''.
(3) Section 2306(d) is amended by striking out ``within the
National Cemetery System'' each place such term appears and
inserting in lieu thereof ``under the control of the National
Cemetery Administration''.
(4) Section 2400 is amended--
(A) in subsection (a)--
(i) by striking out ``National Cemetery
System'' and inserting in lieu thereof
``National Cemetery Administration
responsible''; and
(ii) in the second sentence, by striking
out ``Such system'' and all that follows
through ``National Cemetery System'' and
inserting in lieu thereof ``The National
Cemetery Administration shall be headed by the
Assistant Secretary for Memorial Affairs'';
(B) in subsection (b), by striking out ``National
Cemetery System'' and inserting in lieu thereof
``national cemeteries and other facilities under the
control of the National Cemetery Administration''; and
(C) by amending the heading to read as follows:
``Sec. 2400. Establishment of National Cemetery Administration;
composition of Administration''.
(5) The item relating to section 2400 in the table of
sections at the beginning of chapter 24 is amended to read as
follows:
``2400. Establishment of National Cemetery Administration; composition
of Administration.''.
(6) Section 2402 is amended in the matter preceding
paragraph (1) by striking out ``in the National Cemetery
System'' and inserting in lieu thereof ``under the control of
the National Cemetery Administration''.
(7) Section 2403(c) is amended by striking out ``in the
National Cemetery System created by this chapter'' and
inserting in lieu thereof ``under the control of the National
Cemetery Administration''.
(8) Section 2405(c) is amended--
(A) by striking out ``within the National Cemetery
System'' and inserting in lieu thereof ``under the
control of the National Cemetery Administration''; and
(B) by striking out ``within such System'' and
inserting in lieu thereof ``under the control of such
Administration''.
(9) Section 2408(c)(1) is amended by striking out ``in the
National Cemetery System'' and inserting in lieu thereof
``under the control of the National Cemetery Administration''.
(10) Section 5315 of title 5, United States Code, is
amended--
(A) by striking out ``(6)'' after ``Assistant
Secretaries, Department of Veterans Affairs'' and
inserting in lieu thereof ``(7)''; and
(B) by striking out ``Director of the National
Cemetery System.''.
(c) Savings Provisions.--
(1) Any reference in a law, map, regulation, document,
paper, or other record of the United States to the National
Cemetery System shall be deemed to be a reference to the
National Cemetery Administration.
(2) Any reference in a law, map, regulation, document,
paper, or other record of the United States to the Director of
the National Cemetery System shall be deemed to be a reference
to the Assistant Secretary of Veterans Affairs for Memorial
Affairs.
(d) Initial Appointment.--The initial appointment of an individual
to the position of Assistant Secretary of Veterans Affairs for Memorial
Affairs may be made by the President alone if the individual appointed
is the individual who was serving as the Director of the National
Cemetery System on the day before the date of the enactment of this
Act.
TITLE III--CODIFICATION OF PRIOR COMPENSATION RATE INCREASES
SEC. 301. DISABILITY COMPENSATION.
Section 1114 is amended--
(1) by striking out ``$87'' in subsection (a) and inserting
in lieu thereof ``$94'';
(2) by striking out ``$166'' in subsection (b) and
inserting in lieu thereof ``$179'';
(3) by striking out ``$253'' in subsection (c) and
inserting in lieu thereof ``$274'';
(4) by striking out ``$361'' in subsection (d) and
inserting in lieu thereof ``$391'';
(5) by striking out ``$515'' in subsection (e) and
inserting in lieu thereof ``$558'';
(6) by striking out ``$648'' in subsection (f) and
inserting in lieu thereof ``$703'';
(7) by striking out ``$819'' in subsection (g) and
inserting in lieu thereof ``$887'';
(8) by striking out ``$948'' in subsection (h) and
inserting in lieu thereof ``$1,028'';
(9) by striking out ``$1,067'' in subsection (i) and
inserting in lieu thereof ``$1,157'';
(10) by striking out ``$1,774'' in subsection (j) and
inserting in lieu thereof ``$1,924'';
(11) in subsection (k)--
(A) by striking out ``$70'' each place it appears
and inserting in lieu thereof ``$74''; and
(B) by striking out ``$2,207'' and ``$3,093'' and
inserting in lieu thereof ``$2,393'' and ``$3,356'',
respectively;
(12) by striking out ``$2,207'' in subsection (l) and
inserting in lieu thereof ``$2,393'';
(13) by striking out ``$2,432'' in subsection (m) and
inserting in lieu thereof ``$2,639'';
(14) by striking out ``$2,768'' in subsection (n) and
inserting in lieu thereof ``$3,003'';
(15) by striking out ``$3,093'' each place it appears in
subsections (o) and (p) and inserting in lieu thereof
``$3,356'';
(16) by striking out ``$1,328'' and ``$1,978'' in
subsection (r) and inserting in lieu thereof ``$1,441'' and
``$2,145'', respectively; and
(17) by striking out ``$1,985'' in subsection (s) and
inserting in lieu thereof ``$2,154''.
SEC. 302. ADDITIONAL COMPENSATION FOR DEPENDENTS.
Section 1115(1) is amended--
(1) by striking out ``$105'' in clause (A) and inserting in
lieu thereof ``$112'';
(2) by striking out ``$178'' and ``$55'' in clause (B) and
inserting in lieu thereof ``$191'' and ``$59'', respectively;
(3) by striking out ``$72'' and ``$55'' in clause (C) and
inserting in lieu thereof ``$77'' and ``$59'', respectively;
(4) by striking out ``$84'' in clause (D) and inserting in
lieu thereof ``$91'';
(5) by striking out ``$195'' in clause (E) and inserting in
lieu thereof ``$211''; and
(6) by striking out ``$164'' in clause (F) and inserting in
lieu thereof ``$177''.
SEC. 303. CLOTHING ALLOWANCE FOR CERTAIN DISABLED VETERANS.
Section 1162 is amended by striking out ``$478'' and inserting in
lieu thereof ``$518.''
SEC. 304. DEPENDENCY AND INDEMNITY COMPENSATION FOR SURVIVING SPOUSES.
Section 1311 is amended--
(1) in subsection (a)(1), by striking out ``$769'' and
inserting in lieu thereof ``$833'';
(2) in subsection (a)(2), by striking out ``$169'' and
inserting in lieu thereof ``$182'';
(3) in subsection (a)(3), by striking out the table therein
and inserting in lieu thereof the following:
``Pay grade Monthly rate
E-7............................................... $861
E-8............................................... 909
E-9............................................... \1\949
W-1............................................... 880
W-2............................................... 915
W-3............................................... 943
W-4............................................... 997
O-1............................................... 880
O-2............................................... 909
O-3............................................... 972
O-4............................................... 1,028
O-5............................................... 1,132
O-6............................................... 1,276
O-7............................................... 1,378
O-8............................................... 1,510
O-9............................................... 1,618
O-10.............................................. \2\1,774
``\1\If the veteran served as sergeant major of the Army, senior
enlisted advisor of the Navy, chief master sergeant of the Air Force,
sergeant major of the Marine Corps, or master chief petty officer of
the Coast Guard, at the applicable time designated by section 1302 of
this title, the surviving spouse's rate shall be $1,023.
``\2\If the veteran served as Chairman or Vice-Chairman of the Joint
Chiefs of Staff, Chief of Staff of the Army, Chief of Naval
Operations, Chief of Staff of the Air Force, Commandant of the Marine
Corps, or Commandant of the Coast Guard, at the applicable time
designated by section 1302 of this title, the surviving spouse's rate
shall be $1,902.'';
(4) in subsection (b), by striking out ``$100 for each such
child'' and all that follows through ``thereafter'' and
inserting in lieu thereof ``$211 for each such child'';
(5) in subsection (c), by striking out ``$195'' and
inserting in lieu thereof ``$211''; and
(6) in subsection (d), by striking out ``$95'' and
inserting in lieu thereof ``$102''.
SEC. 305. DEPENDENCY AND INDEMNITY COMPENSATION FOR CHILDREN.
(a) DIC for Orphan Children.--Section 1313(a) is amended--
(1) by striking out ``$327'' in clause (1) and inserting in
lieu thereof ``$354'';
(2) by striking out ``$471'' in clause (2) and inserting in
lieu thereof ``$510'';
(3) by striking out ``$610'' in clause (3) and inserting in
lieu thereof ``$662''; and
(4) by striking out ``$610'' and ``$120'' in clause (4) and
inserting in lieu thereof ``$662'' and ``$130'', respectively.
(b) Supplemental DIC for Disabled Adult Children.--Section 1314 is
amended--
(1) by striking out ``$195'' in subsection (a) and
inserting in lieu thereof ``$211'';
(2) by striking out ``$327'' in subsection (b) and
inserting in lieu thereof ``$354''; and
(3) by striking out ``$166'' in subsection (c) and
inserting in lieu thereof ``$179''.
SEC. 306. EFFECTIVE DATE.
The amendments made by this title shall take effect as of December
1, 1996.
Passed the House of Representatives April 16, 1997.
Attest:
ROBIN H. CARLE,
Clerk. | TABLE OF CONTENTS:
Title I: Enhanced-Use Leases of Department of Veterans
Affairs Real Property
Title II: Renaming Provisions
Title III: Codification of Prior Compensation Rate Increases
Title I: Enhanced-Use Leases of Department of Veterans Affairs Real Property
- Extends through December 31, 2002, the authority of the Department of Veterans Affairs to enter into enhanced-use leases of Department real property. Repeals a provision limiting the number of enhanced-use agreements in toto and during a fiscal year.
Title II: Renaming Provisions
- Renames the: (1) United States Court of Veterans Appeals as the United States Court of Appeals for Veterans Claims; (2) National Cemetery System of the Department as the National Cemetery Administration; and (3) position of Director of the National Cemetery System as the Assistant Secretary of Veterans Affairs for Memorial Affairs. Provides for the initial appointment of such Assistant Secretary.
Title III: Codification of Prior Compensation Rate Increases
- Codifies increases in the rates of: (1) veterans' disability compensation; (2) additional compensation for dependents; (3) the clothing allowance for certain disabled veterans; (4) dependency and indemnity compensation (DIC) for surviving spouses and children; and (5) supplemental DIC for disabled adult children. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to extend the authority of the Secretary of Veterans Affairs to enter into enhanced-use leases for Department of Veterans Affairs property, to rename the United States Court of Veterans Appeals and the National Cemetery System, and for other purposes."} | 4,200 | 273 | 0.570462 | 1.739512 | 0.692273 | 3.237548 | 14.233716 | 0.915709 |
SECTION 1. SHORT TITLE.
The Act may be cited as the ``Protect Our Troops and Our
Constitution Act of 2008''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) On November 26, 2007, by signing the Declaration of
Principles for a Long-Term Relationship of Cooperation and
Friendship Between the Republic of Iraq and the United States
of America (hereinafter in this Act referred to as the
``Declaration of Principles''), the President of the United
States pledged to negotiate by July 2008 an agreement to
replace the United Nations mandate that currently provides
international legal authority as well as immunity from Iraqi
prosecution for United States Armed Forces and other Coalition
forces operating in Iraq.
(2) In the Declaration of Principles, the President pledged
that this agreement would include the following security
commitments by the United States:
(A) ``Supporting the Republic of Iraq in defending
its democratic system against internal and external
threats.''.
(B) ``Providing security assurances and commitments
to the Republic of Iraq to deter foreign aggression
against Iraq that violates its sovereignty and
integrity of its territories, waters, or airspace.''.
(C) ``Supporting the Republic of Iraq in its
efforts to combat all terrorist groups, at the
forefront of which is Al-Qaeda, Saddamists, and all
other outlaw groups regardless of affiliation, and
destroy their logistical networks and their sources of
finance, and defeat and uproot them from Iraq.''.
(3) However, in testimony before the United States Senate
on February 6, 2008, Secretary of Defense Robert Gates
effectively renounced this pledge by the President when he
said, ``[T]he status of forces agreement that is being
discussed will not contain a commitment to defend Iraq, and
neither will any strategic framework agreement. My
understanding is--and it's, frankly, a clearer point than I
made earlier--and we certainly do not consider the declaration
of principles a security commitment to the Iraqis.''.
(4) On November 26, 2007, the President's Deputy National
Security Advisor for Iraq and Afghanistan, General Douglas
Lute, stated in a press briefing that permanent United States
military bases in Iraq ``will certainly be a key item for
negotiation next year''. On January 28, 2008, when signing into
law the National Defense Authorization Act for Fiscal Year
2008, which includes a ban on permanent United States military
bases in Iraq, President George W. Bush indicated in a signing
statement accompanying the bill that he would not be bound by a
provision of that law that prohibits the United States from
establishing permanent military bases in Iraq.
(5) However, in testimony before the Senate on February 6,
2008, Secretary of Defense Gates stated, ``The fact is, in
every meeting that I've taken part in, it has been affirmed
from the president on down that we do not want permanent bases
in Iraq.''.
(6) General Lute stated in a press briefing on November 26,
2007, in response to a question as to whether the
Administration would seek congressional input into the
agreement, ``We don't anticipate now that these negotiations
will lead to the status of a formal treaty which would then
bring us to formal negotiations or formal inputs from the
Congress.''. However, the Department of State has failed to
consult with congressional leaders on the Declaration of
Principles as required by the Department of State's Circular
175 procedure, which implements United States law regarding the
conduct of negotiations for international agreements.
(7) However, in testimony before the Senate on February 6,
2008, Secretary of Defense Gates stated, ``My view is that
there ought to be a great deal of openness and transparency to
the Congress as we negotiate this status of forces agreement so
that you can satisfy yourselves that those kinds of commitments
are not being made, and that there are no surprises in this.''.
(8) According to the Congressional Research Service, while
the primary purpose of a status of forces agreement between the
United States and another country or organization is typically
to provide United States Armed Forces with immunity from local
prosecution, and no existing status of forces agreement
authorizes offensive combat operations by United States Armed
Forces (absent reference to a treaty, law, or United Nations
Security Council resolution), Secretary of Defense Gates and
Secretary of State Condoleezza Rice have written in an opinion
piece published February 13, 2008, in the Washington Post that
it is the intention of the Administration to have the status of
forces agreement with Iraq include the ``authority to fight''
for United States Armed Forces engaged in combat operations.
(9) The inconsistencies between the various statements and
pledges described in paragraphs (1) through (8) raise
significant questions about the Administration's objectives in
seeking new agreements with Iraq.
(10)(A) Since August 6, 2004, United States Armed Forces
and other Coalition forces in Iraq have had international legal
authority to operate in Iraq under the United Nations mandate
for the Multinational Force-Iraq, most recently renewed in
December 2007 until December 31, 2008, and have had immunity
from local prosecution under an Iraqi law known as CPA Order
17, which is dependent on that mandate.
(B) The Iraqi Ambassador to the United States, Samir
Sumaidaie, said on February 5, 2008, ``If we cannot have an
agreement by that time [December 31, 2008,] we would have no
choice but to go back to the Security Council. Basically, we
need to have some legal cover for foreign forces.''.
SEC. 3. LIMITATION ON USE OF FUNDS.
No funds appropriated or otherwise made available to any department
or agency of the United States may be used--
(1) to establish or maintain any permanent or long-term
United States military base or facility in Iraq; or
(2) to implement any agreement that is consistent with the
security commitments of the United States to Iraq under the
Declaration of Principles, including the security commitments
described in subparagraphs (A) through (C) of section 1(2) of
this Act, or any agreement that provides ``authority to fight''
for United States Armed Forces engaged in combat operations,
other than for self-defense purposes, unless the agreement is
in the form of a treaty with respect to which the Senate has
given its advice and consent to ratification under Article II
of the Constitution of the United States or the agreement is
approved by an Act of Congress enacted after the date of the
enactment of this Act.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) long-term relations between the United States and Iraq
should be determined by the United States Administration taking
office on January 20, 2009;
(2) in determining its policy toward Iraq, the United
States Administration referred to in paragraph (1) should
consult fully with the United States Congress, the Government
of Iraq, Coalition partners, and Iraq's neighbors; and
(3) to maintain current international legal authority as
well as immunity from Iraqi prosecution for United States Armed
Forces and other Coalition forces operating in Iraq while the
United States Administration referred to in paragraph (1)
determines United States policy toward Iraq, the current United
States Administration should encourage the Government of Iraq
to request the renewal of the United Nations mandate for Iraq
beyond December 31, 2008. | Protect Our Troops and Our Constitution Act of 2008 - Prohibits funds from being used to: (1) establish or maintain any permanent or long-term U.S. military base or facility in Iraq; or (2) implement any agreement that is consistent with U.S. security commitments to Iraq under the Declaration of Principles or any agreement that provides "authority to fight" for U.S. Armed Forces engaged in combat operations other than for self-defense purposes, unless the agreement is an Article II treaty with respect to which the Senate has given its advice and consent to ratification or the agreement is approved by an Act of Congress enacted after the date of the enactment of this Act.
Expresses the sense of Congress that: (1) long-term U.S.-Iraq relations should be determined by the U.S. Administration taking office on January 20, 2009; (2) in determining its policy toward Iraq such Administration should consult with Congress, the government of Iraq, Coalition partners, and Iraq's neighbors; and (3) to maintain international legal authority as well as immunity from Iraqi prosecution for U.S. Armed Forces and other Coalition forces operating in Iraq while such Administration determines policy toward Iraq the current U.S. Administration should encourage the government of Iraq to request renewal of the U.N. mandate for Iraq beyond December 31, 2008. | {"src": "billsum_train", "title": "To reassert the constitutional role of Congress in making long-term security commitments, to defer significant long-term security commitments to Iraq to the next Administration and Congress, and to maintain international legal authority and immunity for United States Armed Forces in Iraq by promoting the extension of the United Nations mandate."} | 1,561 | 289 | 0.59352 | 1.853566 | 0.790668 | 6.02439 | 6.317073 | 0.943089 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia National
Disaster Insurance Protection Act''.
SEC. 2. DISTRICT OF COLUMBIA NATURAL DISASTER PROTECTION FUNDS.
(a) Contributions to Natural Disaster Protection Funds.--Subsection
(c) of section 832 of the Internal Revenue Code of 1986 (relating to
the taxable income of insurance companies other than life insurance
companies) is amended by striking ``and'' at the end of paragraph (12),
by striking the period at the end of paragraph (13) and inserting ``;
and'', and by adding at the end the following new paragraph:
``(14) the qualified contributions during the taxable year
to a natural disaster protection fund.''
(b) Natural Disaster Protection Fund Gross Income.--Subsection (b)
of section 832 of such Code is amended by adding at the end the
following new paragraph:
``(9) Special rule for assets held in natural disaster
protection fund.--For purposes of determining gross income
under this subsection, any items of income, gain, loss, or
deduction derived from or attributable to any assets held in a
natural disaster protection fund shall not be taken into
account.''
(c) Distributions From Natural Disaster Protection Funds.--
Paragraph (1) of section 832(b) of such Code is amended by striking
``and'' at the end of subparagraph (D), by striking the period at the
end of subparagraph (E) and inserting ``, and'', and by adding at the
end the following new subparagraph:
``(F) the aggregate amount of all distributions
during the taxable year from a natural disaster
protection fund, except that a distribution made to
return to the qualified insurance company any
contribution that is not a qualified contribution for a
taxable year shall not be included in gross income if
such distribution is made prior to the filing by the
qualified insurance company of its tax return for such
taxable year.''
(d) Definitions and Other Rules Relating to Natural Disaster
Protection Funds.--Section 832 of such Code is amended by adding at the
end the following new subsection:
``(h) Definitions and Other Rules Relating to Natural Disaster
Protection Funds.--For purposes of this section--
``(1) Natural disaster protection fund.--The term `natural
disaster protection fund' (hereafter in this subsection
referred to as the `fund') means any money, securities, or
other property held by a qualified insurance company that is
identified and maintained in a segregated account--
``(A) which is designated as a `natural disaster
protection fund' and held in a bank or bank branch
located in the District of Columbia that is licensed
and regulated by the Comptroller of the Currency or the
District of Columbia Commissioner of Insurance,
Securities, and Banking,
``(B) under the terms of which--
``(i) the assets in the fund are required
to be invested in a manner consistent with the
investment requirements applicable to all
insurance companies under the laws of the
District of Columbia,
``(ii) an excess balance drawdown amount is
required to be distributed to the qualified
insurance company no later than the close of
the taxable year following the taxable year
with respect to which such amount is
determined, and
``(iii) no portion of the assets of the
fund may be paid or distributed from the fund
except for a qualified distribution.
``(2) Qualified insurance company.--The term `qualified
insurance company' means an insurer or reinsurer that--
``(A) is incorporated and domiciled in the District
of Columbia,
``(B) is subject to supervision by the District of
Columbia Commissioner of Insurance, Securities, and
Banking,
``(C) maintains an office in the District of
Columbia that employs no fewer than 10 full-time
equivalent employees, of whom no fewer than 5 are
residents of the District of Columbia,
``(D) is subject to taxes imposed by the District
of Columbia on premiums collected for natural
catastrophic risk coverage at the rates established in
section 2608 of title 47, D.C. Official Code, or any
successor law without regard to the location of the
insured risk, and
``(E) is not subject to premium taxes imposed by
any State or other taxing jurisdiction for natural
catastrophic risk coverage written through the fund.
``(3) Qualified contribution.--The term `qualified
contribution' means a contribution to a fund established by a
qualified insurance company of not more than the total of net
premiums or other payments received during a taxable year for
coverage of qualified losses, but only to the extent such
contribution, when added to all previous contributions to the
fund (including net investment earnings of the fund) and after
subtracting all qualified distributions from the fund, does not
exceed the amount reasonably at risk for the payment of
qualified losses insured through the fund, less reinsurance on
those risks, as determined actuarially on a multi-year basis.
``(4) Qualified distribution.--The term `qualified
distribution' means any amount paid or distributed for--
``(A) any payment of a qualified loss pursuant to
an insurance policy or policy of reinsurance issued by
the qualified insurance company,
``(B) any payment made to reinsure or otherwise
spread the risk of catastrophe risk written by the
qualified insurance company,
``(C) any excess balance drawdown amount,
``(D) any administrative expenses directly related
to the maintenance and investment of the fund, and
``(E) any claims investigation and adjustments
relating to a qualified loss.
``(5) Qualified loss.--The term `qualified loss' means an
insured loss on a United States risk that satisfies
subparagraphs (A) and (B).
``(A) Event.--An insured loss satisfies this
subparagraph if the loss is attributable to one or more
of the following events:
``(i) Wind (including hurricanes and
tornados).
``(ii) Earthquake (including any fire
following).
``(iii) Flood.
``(iv) Tsunami or tidal wave.
``(v) Volcanic eruption.
``(vi) Fire.
``(vii) Hail.
``(viii) Snow, ice, freezing, or other
winter catastrophes.
``(ix) Pandemic or other public health
catastrophe.
``(B) Catastrophe designation or minimum aggregate
insured loss.--An insured loss, with respect to an
event described in subparagraph (A), satisfies this
subparagraph if at least one of the following occurs:
``(i) Total insured losses from the event,
or from more than one event happening
simultaneously or immediately following,
exceeds $1,000,000,000 on an industry-wide
basis.
``(ii) The President of the United States
declares a disaster or state of emergency
because of the event.
``(iii) The Governor or chief executive of
a State, possession or territory of the United
States, or of the District of Columbia,
declares a disaster or state of emergency
because of such event.
``(iv) The Property Claims Services unit of
Insurance Services Office, Inc., declares a
catastrophic industry-wide loss because of one
or more events.
``(6) Excess balance drawdown amount.--The term `excess
balance drawdown amount' means the excess (if any) of--
``(A) the amount of the fund balance as of the end
of the taxable year, over
``(B) the total amount of exposure of the fund to
qualified losses at the end of the taxable year under
policies written by the qualified insurance company, as
determined actuarially on a multi-year basis.
``(7) United states risk.--The term `United States risk'
means any hazard, risk, loss, or liability attributable to
property situated, or an activity conducted, in the United
States, or its territories or possessions.
``(8) Exclusion of premiums and losses on certain puerto
rican risks.--Notwithstanding any other provision of this
subsection, premiums and losses with respect to risks covered
by a catastrophe reserve established under the laws or
regulations of the Commonwealth of Puerto Rico shall not be
taken into account under this subsection in determining the
amount of the qualified contributions allowed or the amount of
qualified losses.
``(9) Contributions in kind.--A transfer of property other
than money to a fund shall be treated as a sale or exchange of
such property for an amount equal to its fair market value as
of the date of transfer, and appropriate adjustment shall be
made to the basis of such property. Section 267 shall apply to
any loss realized upon such a transfer.
``(10) Distributions in kind.--A distribution of property
other than money from a fund to a qualified insurance company
shall be treated as a sale or exchange of such property, and
any gain or loss realized on such sale or exchange shall be
excluded from the gross income of the qualified insurance
company.
``(11) Regulations.--The Secretary shall prescribe
regulations as may be necessary or appropriate to carry out the
purposes of this subsection.''
(e) Additional Tax on Certain Distributions From a Natural Disaster
Protection Fund.--Subsection (d) of section 831 of such Code (relating
to the tax on insurance companies other than life insurance companies)
is amended by redesignating subsection (d) as subsection (e) and
inserting after subsection (c) the following new subsection:
``(d) Tax on Nonqualified Distributions.--
``(1) In general.--In the case of a qualified insurance
company, the tax imposed by this section for the current year
shall be increased by an amount equal to 20 percent of the
aggregate amount of nonqualified distributions made by such
company during such year from a natural disaster protection
fund.
``(2) Definitions.--
``(A) Nonqualified distributions.--The term
`nonqualified distributions' means any distribution
from a natural disaster protection fund other than a
qualified distribution (as defined in section
832(h)(4)).
``(B) Other definitions.--The terms `qualified
insurance company' and `natural disaster protection
fund' shall have the meanings ascribed to such terms in
section 832(h).''
(f) Effective Date.--The amendments made by this bill shall apply
to taxable years beginning after December 31, 2009. | District of Columbia National Disaster Insurance Protection Act - Amends the Internal Revenue Code to provide for a tax-exempt natural disaster protection fund held by an insurance company that: (1) is incorporated and domiciled in the District of Columbia; (2) is subject to supervision by the District of Columbia Commissioner of Insurance, Securities, and Banking; (3) maintains an office in the District of Columbia that employs no fewer than 10 full-time employees, at least 5 of whom are District of Columbia residents; (4) is subject to taxes imposed by the District of Columbia on premiums for natural catastrophic risk coverage; and (5) is not subject to premium taxes imposed by any state or other taxing jurisdiction for natural catastrophic risk coverage written through the fund.
Allows distributions from such fund to cover losses attributable to wind (including hurricanes and tornadoes), earthquakes, floods, tsunami or tidal wave, volcanic eruption, fire, hail, snow, ice freezing, or other winter catastrophes, or a pandemic or other public health catastrophe.
Sets forth tax rules for contributions to and distributions from such fund. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide for the creation of disaster protection funds in the District of Columbia by property and casualty insurance companies for the payment of policyholders' claims arising from natural catastrophic events."} | 2,340 | 240 | 0.558411 | 1.498424 | 0.590478 | 4.287037 | 10.037037 | 0.953704 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Support for Democracy and Human
Rights in Ethiopia Act of 2008''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Despite progress and an estimated annual growth rate of
nearly 10 percent, Ethiopia remains one of the poorest and most
famine-prone countries in the world, with more than half of the
population of 78,000,000 living on less than $1 per day.
(2) Since the collapse of the Derg and overthrow of the
Mengistu regime in 1991, the Ethiopian Peoples' Revolutionary
Democratic Front (EPRDF)-led government has overseen the
introduction of a multiparty system and the drafting of a new
constitution that guarantees economic, social, and cultural
rights and states that ``human and democratic rights of peoples
and citizens shall be protected.''
(3) Ethiopia and Eritrea fought a bloody border war between
1998 and 2000, and, despite the Algiers Accord ending the
conflict and the agreement to abide by the final and biding
Ethiopia-Eritrea Border Commission (EEBC) arbitration, the
Government of Ethiopia has refused to comply with the final
physical demarcation of the border and the Government of
Eritrea has virtually expelled the United Nations peacekeeping
force, resulting in a high risk of renewed fighting and
regional instability.
(4) Following high turnout and marked improvement in pre-
election campaigning and voting in the third general elections
of the Government of Ethiopia held on May 15, 2005, widespread
charges of violations in the finally tallying and inadequate
response to opposition complaints resulted in observer findings
that the elections failed to satisfy international standards.
(5) Subsequent opposition progress led to a crackdown by
EPRDF security forces in which 763 civilians were injured and
193 killed, and thousands more opposition party leaders and
their followers were detained, 112 of whom were not released
until the summer of 2007.
(6) In its 2007 ``Countries at a Crossroads'' report,
Freedom House noted that ``[i]ncreased threats to and
violations of civil liberties were a consequence of the
political tensions that sprang from the flawed 2005
elections.''
(7) In December 2006, military forces of the Government of
Ethiopia came to the aid of Somalia's Transitional Federal
Government against the Islamic Courts Union (ICU) and continue
to serve as the primary security force for the United Nations-
backed transitional government in Mogadishu.
(8) Credible nongovernmental organizations report
widespread violations of human rights and international law by
the Ethiopian military in Mogadishu and other areas of Somalia,
as well as in the Ogaden region of Ethiopia.
(9) According to the Department of State's 2007 Country
Reports on Human Rights Practices, ``human rights abuses [in
Ethiopia] . . . include: limitation on citizens' right to
change their government during the most recent elections;
unlawful killings, and beating, abuse, and mistreatment of
detainees and opposition supporters by security forces; poor
prison conditions; arbitrary arrest and detention . . . use of
excessive force by security services in an internal conflict
and counter-insurgency operations; restrictions on freedom of
the press; etc.''
(10) The Department of State's 2007 Country Reports on
Human Rights Practices also stated that ``[Ogaden National
Liberation Front] ONLF forces . . . were responsible for
widespread human rights abuses, including killings and the
diversion of food supplies resulting in the displacement of
thousands of persons.''
(11) In June 2007, in response to this violence, including
the deadly April 2007 attacks on a Chinese oil exploration site
in the Ogaden and at a May 2007 political rally, the Prime
Minister of Ethiopia, Meles Zenawi, announced that the
Government of Ethiopia was launching a ``political and military
operation to contain the activities of the ONLF,'' which,
according to credible reports, has resulted in the displacement
of thousands of civilians to government-designated ``protection
zones,'' while thousands more have fled across Ethiopia's
borders.
(12) Although the Government of Ethiopia has legitimate
security concerns in the Ogaden, and, according to the
Department of State's 2007 Country Report on Terrorism,
``Ethiopian forces [also] countered Somali-based extremists who
attempted to conduct attacks inside Ethiopia,'' a number of
credible media accounts, human rights organizations, and
humanitarian agencies have documented the ENDF's unjustifiably
brutal tactics against its own citizens there, as has been
previously been reported in other regions of the country
including Oromiya, Amhara, and Gambella.
(13) In May 2008, the Government of Ethiopia circulated a
draft law that claims to be a tool to enhance the transparency
and accountability of civil society organizations, but if
enacted, is instead likely to create a complex web of onerous
bureaucratic hurdles, draconian criminal penalties, and
intrusive powers of surveillance that would further decrease
the political space available for civil society activities.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to support the efforts by the people and Government of
Ethiopia--
(A) to achieve a participatory multiparty
democracy, an active and unhindered civil society, rule
of law and accountability, judicial capacity and
independence, freedom of the press, respect for human
rights, and economic development; and
(B) to combat extremism and terrorism in their
country and the region;
(2) to promote stability, democracy, accountability, social
and economic development, human and political rights,
humanitarian assistance, the rule of law and accountability,
and counterterrorism efforts in Ethiopia and the wider Horn of
Africa;
(3) to seek the unconditional release of all political
prisoners and prisoners of conscience in Ethiopia;
(4) to prohibit United States funding to any unit of the
Ethiopian security forces if there is credible evidence that a
unit of the security forces has committed gross violations of
human rights, unless the Secretary of State has determined and
reports to the appropriate congressional committees that the
Ethiopian government is taking effective measures to bring the
responsible members of the security forces unit to justice; and
(5) to contribute to regional peace and stability by urging
the Government of Ethiopia to comply with the EEBC arbitration
decisions on border demarcation, urging the Government of
Eritrea to permit a United Nations peacekeeping presence, and
pressing both Governments to ensure that they are playing a
productive role in helping to bring about stability along the
border and throughout the Horn of Africa, including in Somalia.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that the United States Government
should--
(1) build on successful diplomatic efforts that contributed
to the October 2007 release of political prisoners in Addis;
(2) urge the Government of Ethiopia to protect the
constitutional rights and freedoms of all Ethiopian citizens;
(3) encourage the Government of Ethiopia to enter into
discussions with political groups interested in reconciliation
in order to bring such groups into full participation in the
political and economic affairs of Ethiopia;
(4) call on the Government of Ethiopia to allow human
rights and humanitarian groups and the media to undertake their
work in all regions of Ethiopia without intimidation or
harassment while ensuring they are protected from any threats
regardless of their political affiliations;
(5) encourage and assist the United Nations and other
independent organizations and the media in investigating
credible reports of grave violations of human rights or
international humanitarian law, publishing any evidence of
serious abuse, and sending strong and consistent messages to
the Government of Ethiopia that the continuation of such
violations or impunity for the perpetrators of crimes in the
Ogaden region, Ethiopia more generally, or in Somalia carry
consequences; and
(6) encourage the Governments of both Ethiopia and Eritrea
to take steps to lessen tensions, physically demarcate the
border in accord with the EEBC decision, and promote
normalization of relations between the two countries.
SEC. 5. SUPPORT FOR DEMOCRACY AND HUMAN RIGHTS IN ETHIOPIA.
(a) Authority.--Subject to subsection (b) and notwithstanding any
other provision of law, the President should take additional steps to
support the implementation of democracy and governance institutions and
organizations in Ethiopia consistent with the provisions of the
Ethiopian Constitution of 1994 and related national law, including--
(1) to support democracy development in Ethiopia, including
developing the capacity of government and civil society
organizations to undertake free, fair, and peaceful elections,
strengthen good governance practices, and encourage
transparency and accountability, in accordance with
international norms and standards;
(2) to support the autonomy and fundamental freedoms of
national and international civil society organizations to
effectively pursue these objectives without excessive
government regulation or intimidation;
(3) to promote and bolster the independence of the
judiciary in Ethiopia, including developing capacity at the
national, regional, and local levels;
(4) to support programs to defend and protect the human
rights of all the people of Ethiopia, especially women and
minorities;
(5) to expand programming of the Voice of America and other
independent media in Ethiopia and ensure they are able to
broadcast without interference;
(6) to support efforts of the international community to
gain full access to the Ogaden and other conflict-affected
regions throughout the country to provide humanitarian and
development assistance; and
(7) to support a United Nations Special Envoy to launch a
comprehensive dialogue process that seeks to bring about the
normalization of economic and political relations between
Ethiopia and Eritrea and works with the governments of both
countries to address issues of stability both along their
shared border as well as more broadly across the Horn of
Africa, including in Somalia.
(b) Authorization of Appropriations.--There is authorized to be
appropriated $20,000,000 for fiscal year 2009 to carry out this
section.
(c) Conditions.--
(1) In general.--Assistance provided pursuant subsection
(b) shall be allocated and dispersed in a fully transparent
manner.
(2) Congressional notification.--Funds made available to
the Government of Ethiopia under subsection (b) and all other
nonessential funds made available to the Government of Ethiopia
under any other provision of law shall be subject to the
regular notification requirements with respect to the
appropriate congressional committees.
(3) Discontinuation in event of government obstruction.--
The President shall cease the provision of assistance provided
under subsection (b) if the Government of Ethiopia acts to
obstruct such assistance.
(d) Report.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter, the Secretary of State
shall prepare and submit to the appropriate congressional committees a
report that describes the activities undertaken pursuant to subsection
(a), including a description of amounts committed, and the amounts
provided, to Ethiopia during the reporting period.
SEC. 6. OFFSETS.
Of the amounts available to the National Aeronautics and Space
Administration for fiscal year 2009, $20,000,000 shall be available to
carry out the provisions of this Act.
SEC. 7. DEFINITIONS.
In this Act:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate; and
(B) the Committee on Foreign Affairs and the
Committee on Appropriations of the House of
Representatives.
(2) The term ``non-essential United States assistance''
means assistance authorized under any provision of law, other
than humanitarian assistance, food aid programs, assistance to
combat HIV/AIDS and other healthcare assistance, and
peacekeeping assistance. | Support for Democracy and Human Rights in Ethiopia Act of 2008 - States that the President should take additional steps to support the implementation of democracy and governance institutions and organizations in Ethiopia consistent with the Ethiopian Constitution of 1994 and related national law, including: (1) support of democracy development; (2) promotion of judicial independence; (3) support of human rights programs, especially regarding women and minorities; (4) expansion of the Voice of America (VOA) and other independent media; (5) support of international efforts to gain full access to the Ogaden and other conflict-affected regions; and (6) support of a United Nations Special Envoy to launch a dialogue to bring about the normalization of relations between Ethiopia and Eritrea and who works with both governments to address issues of stability both along their border as well as more broadly across the Horn of Africa, including in Somalia.
Authorizes appropriations. | {"src": "billsum_train", "title": "A bill to reaffirm United States objectives in Ethiopia and encourage critical democratic and humanitarian principles and practices, and for other purposes."} | 2,501 | 187 | 0.467575 | 1.596779 | 0.709459 | 5.119318 | 13.494318 | 0.971591 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Drug Disposal Act of 2009''.
SEC. 2. STATE TAKE-BACK DISPOSAL PROGRAMS.
(a) In General.--Part C of the Controlled Substances Act (21 U.S.C.
821 et seq.) is amended by adding at the end the following:
``SEC. 312. STATE TAKE-BACK DISPOSAL PROGRAMS.
``(a) In General.--Not later than 1 year after the date of the
enactment of this section, the Attorney General shall promulgate
regulations to authorize an ultimate user or care taker to dispose of a
controlled substance in accordance with a State program described in
subsection (b).
``(b) State Programs.--
``(1) Models; individualized programs.--The regulations
under subsection (a) shall--
``(A) include 5 model State programs under which an
ultimate user or care taker may dispose of an unused or
partially used controlled substance through delivery to
a designated facility; and
``(B) allow a State to work with the Attorney
General to devise an alternative program for such
disposal that--
``(i) best suits the State; and
``(ii) as determined by the Attorney
General, is consistent with this section.
``(2) Requirements.--Each program under paragraph (1)
shall--
``(A) require a State to enact legislation as a
prerequisite to adopting and implementing such program;
``(B) protect the public safety;
``(C) allow ultimate users and care takers to
dispose of controlled substances through persons other
than law enforcement personnel;
``(D) incorporate environmentally sound practices
for disposing of controlled substances (by means other
than flushing down a public or private wastewater
treatment system or disposing in a municipal solid
waste landfill);
``(E) be cost effective for the State;
``(F) include convenient take-back options for
urban and rural locations; and
``(G) not restrict the funding which a State may
use to implement the program.
``(3) Other drugs and biologics.--A program under paragraph
(1) may, at the State's option, apply to a drug or biological
product other than a controlled substance to the same extent
and in the same manner as such program applies to a controlled
substance. For purposes of this paragraph, the terms `drug' and
`biological product' have the meanings given to those terms in
section 201 of the Federal Food, Drug, and Cosmetic Act and
section 351 of the Public Health Service Act, respectively.
``(c) Definition.--In this section, the term `care taker'--
``(1) means a person responsible for taking care of one or
more individuals or animals, including through provision of
controlled substances; and
``(2) may include a physician or other health care
professional, a veterinarian, a long-term care facility, a
nursing home, a hospital, a jail, or a school.''.
(b) GAO Report.--The Comptroller General of the United States
shall--
(1) collect data on the State take-back disposal programs
implemented pursuant to section 312 of the Controlled
Substances Act, as added by subsection (a); and
(2) not less than every 4 years, submit findings and
recommendations to the Congress regarding such programs.
(c) Conforming Amendment.--The table of contents for the
Comprehensive Drug Abuse Prevention and Control Act of 1970 (Public Law
91-513; 84 Stat. 1236) is amended by inserting after the item relating
to section 311 the following:
``Sec. 312. State take-back disposal programs.''.
SEC. 3. NO LABELING RECOMMENDATIONS TO DISPOSE OF DRUGS AND BIOLOGICAL
PRODUCTS BY FLUSHING.
(a) Drugs.--Section 505 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 355) is amended by adding at the end the following:
``(w) No Labeling Recommendations To Dispose by Flushing.--In
approving an application for a drug under this section, the Secretary
shall ensure that the labeling for such drug does not include any
recommendation or direction to dispose of the drug by means of a public
or private wastewater treatment system, such as by flushing down the
toilet.''.
(b) Biological Products.--Section 351 of the Public Health Service
Act (42 U.S.C. 262) is amended by adding at the end the following:
``(k) No Labeling Recommendations To Dispose by Flushing.--In
licensing any biological product under this section, the Secretary
shall ensure that the labeling for such product does not include any
recommendation or direction to dispose of the product by means of a
public or private wastewater treatment system, such as by flushing down
the toilet.''.
(c) Drugs and Biological Products Already Marketed.--
(1) Labeling revision.--With respect to drugs and
biological products that are legally marketed under the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321 et seq.) or part F
of title III of the Public Health Service Act (42 U.S.C. 262 et
seq.) as of the date of the enactment of this Act, the
Secretary of Health and Human Services, acting through the
Commissioner of Food and Drugs--
(A) shall conduct a review of the labeling of such
drugs and biological products; and
(B) for any such labeling that includes a
recommendation or direction to dispose of the drug or
biological product by means of a public or private
wastewater treatment system, such as by flushing down
the toilet, shall order the labeling to be revised to
exclude such recommendation or direction.
(2) Penalty.--Any drug or biological product whose labeling
is in violation of an order issued under paragraph (1)(B) is
deemed to be misbranded under section 502 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 352).
(3) Effective date.--An order issued under paragraph (1)(B)
shall take effect not later than 1 year after the date of the
enactment of this Act.
(4) Definitions.--In this subsection:
(A) The term ``biological product'' has the meaning
given such term in section 351 of the Public Health
Service Act (42 U.S.C. 262).
(B) The terms ``drug'' and ``labeling'' have the
meanings given such terms in section 201 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321). | Safe Drug Disposal Act of 2009 - Amends the Controlled Substances Act to direct the Attorney General to promulgate regulations to: (1) authorize an ultimate user or care taker (a person responsible for taking care of one or more individuals or animals) to dispose of a controlled substance in accordance with a prescribed state program; (2) include five model state programs providing for such disposal through delivery to a designated facility; and (3) allow a state to work with the Attorney General to devise an alternative disposal program that is consistent with this Act.
Requires each such program to: (1) require a state to enact legislation as a prerequisite to its adoption and implementation; (2) protect the public safety; (3) allow disposal of controlled substances through persons other than law enforcement personnel; (4) incorporate environmentally sound practices for disposal; (5) be cost-effective; (6) include convenient take-back options for urban and rural locations; and (6) not restrict the funding a state may use to implement it. Allows such a program to apply similarly to a drug or biological product other than a controlled substance.
Directs the Comptroller General to collect data on state take-back disposal programs and periodically report to Congress.
Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services: (1) in approving drug applications and in licensing biological products, to ensure that the drug or product labeling does not include any recommendation or direction to dispose of the drug by means of a wastewater treatment system, such as by flushing it down the toilet; and (2) to review the labeling of existing drugs and products and order revision of any labeling that includes such a recommendation or direction. Deems any drug or product whose labeling is in violation of such an order to be misbranded. | {"src": "billsum_train", "title": "To amend the Controlled Substances Act to provide for disposal of controlled substances by ultimate users and care takers through State take-back disposal programs, to amend the Federal Food, Drug, and Cosmetic Act to prohibit recommendations on drug labels for disposal by flushing, and for other purposes."} | 1,533 | 387 | 0.703235 | 1.986413 | 0.796607 | 4.002778 | 3.716667 | 0.930556 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Intelligent Technologies Initiative
Act of 2015''.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) Eligible entity.--The term ``eligible entity'' means a
State or local government, including a territory of the United
States, tribal government, transit agency, port authority,
metropolitan planning organization, or other political
subdivision of a State or local government or a multi-State or
multi-jurisdictional group applying through a single lead
applicant.
(2) ITS.--The term ``ITS'' means intelligent transportation
systems.
(3) Multi-jurisdictional group.--The term ``multi-
jurisdictional group'' means a combination of State
governments, locals governments, metropolitan planning
agencies, transit agencies, or other political subdivisions of
a State that have signed a written agreement to implement the
Intelligent Technology Initiative across jurisdictional
boundaries. Each member of the group, including the lead
applicant, must be an eligible entity to receive a grant under
this Act.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
SEC. 3. INTELLIGENT TECHNOLOGY INITIATIVE.
(a) Establishment of Program.--Not later than 6 months after the
date of enactment of this Act, the Secretary shall establish an
Intelligent Technology Initiative to provide grants to eligible
entities to establish deployment sites for large scale installation and
operation of ITS to improve safety, efficiency, system performance, and
return on investment. The Secretary shall develop criteria for
selection of an eligible entity to receive a grant, including how the
deployment of technology will enable the recipient--
(1) to reduce costs and improve return on investments,
including through the enhanced utilization of existing
transportation capacity;
(2) to deliver environmental benefits and reduce energy
consumption by alleviating congestion and streamlining traffic
flow;
(3) to measure and improve the operational performance of
its transportation network;
(4) to reduce the number and severity of traffic collisions
and increase driver, passenger, and pedestrian safety;
(5) to collect, disseminate, and utilize real-time traffic,
transit, parking, and other transportation-related information
to improve mobility, reduce congestion, and provide for more
efficient and accessible transportation alternatives;
(6) to monitor transportation assets to improve
infrastructure management, reduce maintenance costs, prioritize
investment decisions, and ensure a state of good repair; and
(7) to deliver economic benefits by reducing delays,
improving system performance, and providing for the efficient
and reliable movement of goods and services.
(b) Request for Applications.--Not later than 6 months after the
date of enactment of this Act, the Secretary shall request applications
in accordance with section 4 for participation in the Intelligent
Technology Initiative.
SEC. 4. GRANT PROGRAM.
(a) Grant Application.--To be considered for a grant under this
Act, an eligible entity shall submit an application to the Secretary
that includes the following:
(1) Deployment plan.--A plan to deploy and provide for the
long-term operation and maintenance of intelligent
transportation systems to improve safety, efficiency, system
performance, and return on investment, such as--
(A) real-time integrated traffic, transit, and
multimodal transportation information;
(B) advanced traffic, freight, parking, and
incident management systems;
(C) collision avoidance systems;
(D) advanced technologies to improve transit and
commercial vehicle operations;
(E) synchronized, adaptive, and transit
preferential traffic signals;
(F) advanced infrastructure condition assessment
technologies; and
(G) other technologies to improve system
operations, including ITS applications necessary for
multimodal systems integration and for achieving
performance goals.
(2) Objectives.--Quantifiable system performance
improvements, including reducing traffic-related crashes,
congestion, and costs, optimizing system efficiency, and
improving access to transportation services.
(3) Results.--Quantifiable safety, mobility, and
environmental benefit projections including data driven
estimates of how the project will improve the region's
transportation system efficiency and reduce traffic congestion.
(4) Partnerships.--A plan for partnering with the private
sector, public agencies including multimodal and multi-
jurisdictional entities, research institutions, organizations
representing transportation and technology leaders, and other
transportation stakeholders.
(5) Leveraging.--A plan to leverage and optimize existing
local and regional ITS investments.
(6) Interoperability.--A plan to ensure interoperability of
deployed technologies with other tolling, traffic management,
and intelligent transportation systems.
(b) Grant Selection.--
(1) Grant awards.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall award a grant to not
more than 6 eligible entities with funds available for up to 5
fiscal years.
(2) Geographic diversity.--In awarding a grant under this
section, the Secretary shall ensure, to the extent practicable,
that grant recipients represent diverse geographic areas of the
United States, including urban, suburban, and rural areas.
SEC. 5. USES OF FUNDS.
A grant recipient may use funds authorized in this Act to deploy,
operate, and maintain ITS and ITS-enabled operational strategies,
including--
(1) advanced traveler information systems;
(2) advanced transportation management technologies;
(3) infrastructure maintenance, monitoring, and condition
assessment;
(4) advanced public transportation systems;
(5) transportation system performance data collection,
analysis, and dissemination systems;
(6) advanced safety systems, including vehicle-to-vehicle
and vehicle-to-infrastructure communications and other
collision avoidance technologies;
(7) integration of intelligent transportation systems with
the Smart Grid and other energy distribution and charging
systems;
(8) electronic pricing and tolling systems; and
(9) advanced mobility and access technologies, such as
dynamic ridesharing and information systems to support human
services for elderly and disabled Americans.
SEC. 6. REPORTS.
(a) Report to Secretary.--Not later than 1 year after an eligible
entity receives a grant award under this Act and each year thereafter,
each grant recipient shall submit a report to the Secretary that
describes--
(1) deployment and operational cost compared to the
benefits and savings from the pilot program and compared to
other alternative approaches; and
(2) how the project has met the original expectation as
projected in the deployment plan submitted with the
application, including--
(A) data on how the program has helped reduce
traffic crashes, congestion, costs, and other benefits
of the deployed systems;
(B) data on the effect of measuring and improving
transportation system performance through the
deployment of advanced technologies;
(C) the effectiveness of providing real-time
integrated traffic, transit, and multimodal
transportation information to the public to make
informed travel decisions; and
(D) lessons learned and recommendations for future
deployment strategies to optimize transportation
efficiency and multimodal system performance.
(b) Report to Congress.--Not later than 2 years after grants have
been allocated and each year thereafter, the Secretary shall submit a
report to Congress that describes the effectiveness of grant recipients
in meeting their projected deployment plan, including data on how the
program has--
(1) reduced traffic-related fatalities and injuries;
(2) reduced traffic congestion and improved travel time
reliability;
(3) reduced transportation-related emissions;
(4) optimized multimodal system performance;
(5) improved access to transportation alternatives;
(6) provided the public with access to real-time integrated
traffic, transit, and multimodal transportation information to
make informed travel decisions;
(7) provided cost savings to transportation agencies,
businesses, and the traveling public; and
(8) provided other benefits to transportation users and the
general public.
(c) Additional Grants.--If the Secretary determines from a grant
recipient's reports that the recipient is not carrying out the
requirements of the grant, the Secretary may cease to provide any
additional grant funds to the recipient. The Secretary shall have the
authority to redistribute remaining funds to select additional eligible
entities for a program under this Act.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) Funding.--
(1) In general.--There are authorized to be appropriated
out of the Highway Trust Fund to carry out this Act--
(A) $200,000,000 for fiscal year 2015;
(B) $200,000,000 for fiscal year 2016;
(C) $200,000,000 for fiscal year 2017;
(D) $200,000,000 for fiscal year 2018;
(E) $200,000,000 for fiscal year 2019; and
(F) $200,000,000 for fiscal year 2020.
(2) Contract authority.--Funds authorized under this
subsection shall be available for obligation in the same manner
as if the funds were apportioned under chapter 1 of title 23,
United States Code, except that such funds shall not be
transferable, the obligation limitations shall not apply to
such funds, and shall remain available until expended.
(b) Grant Limitation.--The Secretary may not award more than 25
percent of the amount appropriated under this Act to a single grant
recipient.
(c) Expenses for Grant Recipients.--A grant recipient under this
Act may use not more than 5 percent of the grant award each fiscal year
to carry out planning and reporting requirements.
(d) Expenses for Secretary.--Before awarding grant funds under this
Act, the Secretary may set aside $3,000,000 each fiscal year for
program reporting, evaluation, and administrative costs. | Intelligent Technologies Initiative Act of 2015 This bill directs the Department of Transportation (DOT) to establish an Intelligent Technology Initiative to provide grants to up to six state and local governments to establish deployment sites for large scale installation and operation of intelligent transportation systems (ITS) to improve safety, efficiency, system performance, and return on investment. DOT shall develop criteria for selecting grant recipients, including how the deployment of technology will enable the recipient to: reduce costs and improve return on investments; deliver environmental benefits and reduce energy consumption by alleviating congestion and streamlining traffic flow; measure and improve the operational performance of its transportation network; reduce the number and severity of traffic collisions and increase driver, passenger, and pedestrian safety; collect, disseminate, and utilize real-time traffic, transit, parking, and other transportation-related information to improve mobility, reduce congestion, and provide for more efficient and accessible transportation alternatives; monitor transportation assets to improve infrastructure management, reduce maintenance costs, prioritize investment decisions, and ensure a state of good repair; and deliver economic benefits by reducing delays, improving system performance, and providing for the efficient and reliable movement of goods and services. A grant application must include: a plan to deploy and provide for the long-term operation and maintenance of ITS to improve safety, efficiency, system performance, and return on investment; quantifiable system performance improvements; quantifiable safety, mobility, and environmental benefit projections; a plan for partnering with the private sector, public agencies, research institutions, organizations representing transportation and technology leaders, and other transportation stakeholders; a plan to leverage and optimize existing local and regional ITS investments; and a plan to ensure interoperability of deployed technologies with other tolling, traffic management, and ITS. Recipient may use grant funds to deploy, operate, and maintain specified ITS and ITS-enabled operational strategies. The bill requires DOT to report on the effectiveness of grant recipients in meeting their projected deployment plans. | {"src": "billsum_train", "title": "Intelligent Technologies Initiative Act of 2015"} | 1,994 | 412 | 0.742792 | 2.452718 | 0.90859 | 5.898964 | 5.025907 | 0.930052 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Start-up Savings
Accounts Act of 2011''.
SEC. 2. ESTABLISHMENT OF SMALL BUSINESS START-UP SAVINGS ACCOUNTS.
(a) In General.--Subpart A of part I of subchapter D of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 408A the following new section:
``SEC. 408B. SMALL BUSINESS START-UP SAVINGS ACCOUNTS.
``(a) General Rule.--Except as provided in this section, a Small
Business Start-up Savings Account shall be treated for purposes of this
title in the same manner as an individual retirement plan.
``(b) Small Business Start-Up Savings Account.--For purposes of
this title, the term `Small Business Start-up Savings Account' means an
individual retirement plan which is designated (in such manner as the
Secretary may prescribe) at the time of establishment of the plan as a
Small Business Start-up Savings Account.
``(c) Treatment of Contributions.--
``(1) No deduction allowed.--No deduction shall be allowed
under section 219 for a contribution to a Small Business Start-
up Savings Account.
``(2) Contribution limit.--
``(A) In general.--The aggregate amount of
contributions for any taxable year to all Small
Business Start-up Savings Accounts maintained for the
benefit of an individual shall not exceed $10,000.
``(B) Aggregate limitation.--The aggregate of the
amount contributions for all taxable years with respect
to all Small Business Start-up Savings Accounts
maintained for the benefit of an individual shall not
exceed $150,000.
``(C) Cost of living adjustment.--
``(i) In general.--In the case of a taxable
year beginning after 2012, the $10,000 amount
in subparagraph (A) shall be increased by an
amount equal to--
``(I) such dollar amount,
multiplied by
``(II) 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 2011' for
`calendar year 1992' in subparagraph
(B) thereof.
``(ii) Rounding.--If any amount as adjusted
under clause (i) is not a multiple of $500,
such amount shall be rounded to the next lowest
multiple of $500.
``(3) Contributions permitted after age 70\1/2\.--
Contributions to a Small Business Start-up Savings Account may
be made even after the individual for whom the account is
maintained has attained age 70\1/2\.
``(4) Rollovers from retirement plans not allowed.--A
taxpayer shall not be allowed to make a qualified rollover
contribution to a Small Business Start-up Savings Account from
any eligible retirement plan (as defined in section
402(c)(8)(B)), except as may be provided by the Secretary in
the case of a rollover from another Small Business Start-up
Savings Account.
``(5) Income based on modified adjusted gross income.--
``(A) In general.--In the case of a taxable year in
which the taxpayer's adjusted gross income exceeds
$150,000 ($300,000 in the case of a joint return), the
dollar amount in effect for such taxable year under
subsection (c)(2) shall be reduced (but not below zero)
by the amount determined under subparagraph (B).
``(B) Amount of reduction.--The amount determined
under this subparagraph shall be the amount which bears
the same ratio to such limitation as--
``(i) the excess of--
``(I) the taxpayer's adjusted gross
income for such taxable year, over
``(II) $150,000 ($300,000 in the
case of a joint return), bears to
``(ii) $25,000.
``(C) Modified adjusted gross income.--The term
`modified adjusted gross income' means the adjusted
gross income of the taxpayer for the taxable year
increased by any amount excluded from gross income
under section 911, 931, or 933.
``(d) Treatment of Distributions.--
``(1) Tax treatment.--
``(A) Exclusion of qualified distributions.--Any
qualified distribution from a Small Business Start-up
Savings Account shall not be includible in gross
income.
``(B) Inclusion of other distributions.--
Distributions from a Small Business Start-up Savings
Account which is not a qualified distribution shall be
included in gross income and, for purposes of section
1, treated as a net capital gain.
``(2) Qualified distribution.--For purposes of this
subsection, the term `qualified distribution' means, with
respect to any taxable year, any payment or distribution from a
Small Business Start-up Savings Account--
``(A) to the extent the amount of such payment or
distribution does not exceed the sum of--
``(i) the aggregate amounts paid or
incurred by the taxpayer for such taxable year
with respect to a trade or business for the
purchase of equipment or facilities, marketing,
training, incorporation, and accounting fees,
and
``(ii) the aggregate capital contributions
of the taxpayer with respect to a trade or
business for the taxable year (but only to the
extent such amounts are used in such trade or
business for purposes described in clause (i)),
and
``(B) which, in the case of a payment or
distribution subsequent to the first payment or
distribution from such account (or any predecessor to
such account)--
``(i) is made not later than the close of
the 5th taxable year beginning after the date
of such first payment or distribution, and
``(ii) is made with respect to the same
trade or business with respect to which such
first payment or distribution was made.
``(3) Treatment after death of account beneficiary.--If, by
reason of the death of the account beneficiary, any person
acquires the account beneficiary's interest in a Small Business
Start-up Savings Account--
``(A) such account shall cease to be a Small
Business Start-up Savings Account as of the date of
death, and
``(B) an amount equal to the fair market value of
the assets in such account on such date shall be
includible--
``(i) in the case of a person who is not
the estate of such beneficiary, in such
person's gross income for the taxable year
which includes such date, or
``(ii) in the case of a person who is the
estate of such beneficiary, in such
beneficiary's gross income for the last taxable
year of such beneficiary.
``(C) Special rules.--
``(i) Reduction of inclusion for predeath
expenses.--The amount includible in gross
income under subparagraph (B) shall be reduced
by the amounts described in paragraph (2) which
were incurred by the decedent before the date
of the decedent's death and paid by such person
within 1 year after such date.
``(ii) Deduction for estate taxes.--An
appropriate deduction shall be allowed under
section 691(c) to any person (other than the
decedent) with respect to amounts included in
gross income under clause (i) by such person.
``(4) Mandatory distribution rules not to apply.--Section
401(a)(9)(A) and the incidental death benefit requirements of
section 401(a) shall not apply to any Small Business Start-up
Savings Account.''.
(b) Excess Contributions.--Section 4973 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
subsection:
``(h) Excess Contributions to Small Business Start-Up Savings
Accounts.--For purposes of this section, in the case of contributions
to all Small Business Start-up Savings Accounts (within the meaning of
section 408B(b)) maintained for the benefit of an individual, the term
`excess contributions' means the sum of--
``(1) the excess (if any) of--
``(A) the amount contributed to such accounts for
the taxable year, over
``(B) the amount allowable as a contribution under
section 408B(c)(2)(A) for such taxable year, and
``(2) the amount determined under this subsection for the
preceding taxable year, reduced by the sum of--
``(A) the distributions out of the accounts for the
taxable year, and
``(B) the excess (if any) of--
``(i) the maximum amount allowable as a
contribution under section 408B(c)(2)(A) for
such taxable year, over
``(ii) the amount contributed to such
accounts for such taxable year, and
``(3) the excess (if any) of--
``(A) the excess (if any) of--
``(i) the aggregate amounts contributed to
such accounts for all taxable years, over
``(ii) the aggregate amount allowable as
contributions under section 408B(c)(2)(B) for
all taxable years, over
``(B) the amount determined under this paragraph
for all preceding taxable years.''.
(c) Conforming Amendment.--The table of sections for subpart A of
part I of subchapter D of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 408A
the following new item:
``Sec. 408B. Small Business Start-up Savings Accounts.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2011. | Small Business Start-up Savings Accounts Act of 2011- Amends the Internal Revenue Code to provide for tax-exempt Small Business Start-up Savings Accounts to pay for trade or business expenses, including the purchase of equipment or facilities, marketing, training, incorporation, and accounting fees. Allows annual contributions to such accounts up to $10,000. Sets forth rules for the tax treatment of contributions to and rollovers from such accounts, similar to rules governing individual retirement accounts (IRAs). | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to establish tax-preferred Small Business Start-up Savings Accounts."} | 2,215 | 106 | 0.600846 | 1.38748 | 0.871456 | 3.326087 | 21.543478 | 0.847826 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Private Education Loan Modification
Act of 2015''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) as of 2015, the Federal Reserve Consumer Credit Report
stated that there is more than $1,300,000,000,000 in
outstanding student loan debt in the United States, including
more than $150,000,000,000 in private education loans;
(2) in 2008, 81 percent of individuals graduating with an
undergraduate degree with more than $40,000 in student loans
had a private education loan;
(3) according to a 2012 study of the private student loan
market published by the Department of Education and the Bureau
of Consumer Financial Protection, there were 850,000 private
student loan defaults with an outstanding principal balance
more than $8,000,000,000;
(4) the limited number of lenders in the private education
loan marketplace reduce the ability of borrowers with private
education loans to restructure, refinance, or negotiate
repayment terms for their current loans, leading to excessive
debt burdens and potential default;
(5) as reported by the Student Loan Ombudsman of the
Consumer Financial Protection Bureau in the 2014 annual report,
it appears that few, if any, private student lenders and loan
servicers have developed transparent, widely offered flexible
repayment options that mitigate defaults for borrowers in
distress;
(6) excessive student indebtedness reduces economic
activity, threatens homeownership, hurts small business growth,
and limits opportunities for economic expansion across rural
and urban communities; and
(7) as noted in 2013, the Federal Deposit Insurance
Corporation, the Office of the Comptroller of the Currency, and
the Board of Governors of the Federal Reserve System encouraged
financial institutions to work constructively with private
student loan borrowers experiencing financial difficulties, so
borrowers have access to safe-and-sound lending practices.
(b) Purpose.--The purpose of this Act is to spur economic growth,
by establishing a mechanism to allow borrowers of private education
loans to refinance their loans in order--
(1) to facilitate greater competition in the private
education lending and refinancing markets, particularly those
serving underserved and rural locations;
(2) to address inefficiencies in the private education
lending and refinancing markets;
(3) to encourage innovation in the private education
refinancing markets; and
(4) to promote the participation of private capital in the
private education refinancing markets.
SEC. 3. DEFINITIONS.
In this Act--
(1) the term ``private education loan'' has the same
meaning as in section 140(a) of the Truth in Lending Act (15
U.S.C. 1650(a)); and
(2) the term ``Secretary'' means the Secretary of the
Treasury, other than in the context of the Secretary of
Education.
SEC. 4. TEMPORARY AUTHORITY TO CREATE A CREDIT FACILITY TO INCREASE
MARKET EFFICIENCY IN THE STUDENT LOAN MARKET.
(a) Authority.--
(1) In general.--
(A) Credit facilities authorization.--Upon a
determination by the Secretary that borrowers are
unable to secure adequate credit accommodations with
existing private education loans, the Secretary,
notwithstanding any provision of section 484 of the
Higher Education Act of 1965 (20 U.S.C. 1091), is
authorized to establish lending, purchase, and other
credit facilities to--
(i) accommodate reasonable refinancing
opportunities or other loan adjustments that--
(I) improve the sustainability of
payments for the borrower; and
(II) reduce the likelihood of
delinquency and default on private
education loans;
(ii) benefit borrowers that are most likely
to have private student debt service
obligations that represent a disproportionate
share of their income; and
(iii) ensure that borrowers pay lower
interest rates that are commensurate with
credit risk, so that they may pursue more
economically productive activities, such as
home purchases and small business formation.
(B) Consultation.--
(i) In general.--Any determination under
subparagraph (A) shall be made jointly with the
Secretary of Education and the Director of the
Bureau of Consumer Financial Protection.
(ii) Compliance system.--Prior to
establishing a facility under this subsection,
the Secretary, or any administrator designated
by the Secretary to establish a program to
carry out the authority provided in this
subsection, shall establish a compliance system
in consultation with the Bureau of Consumer
Financial Protection.
(2) No net cost to government.--Mechanisms established
under this subsection shall not result in any net cost to the
Federal Government, as determined jointly by the Secretary, the
Secretary of Education, and the Director of the Office of
Management and Budget.
(b) Federal Register Notice.--Prior to exercising any authority
provided under subsection (a), the Secretary shall publish a notice in
the Federal Register to seek comment from interested parties on its
proposed exercise of such authority, including--
(1) the terms and conditions governing the lending,
purchases, or other credit facilities authorized by subsection
(a);
(2) an outline of methodology and factors considered in the
purchase or restructuring of private education loans;
(3) private education loan modification options that may be
available for existing loans;
(4) how they will ensure that borrowers whose education
debt service obligations represent a disproportionate share of
their income will be provided relief;
(5) how the use of the methodology and factors, as proposed
in the notice, will be used to ensure that any exercise of
authority by the Secretary will result in no net cost to the
Federal Government; and
(6) how any mechanism will be designed to avoid
extraordinary gains by market participants holding loans in
distress.
(c) Initial Report.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall submit to the appropriate
committees of Congress a report that includes--
(1) current market liquidity and the status of loan
financing by lenders, including those serving underserved and
rural locations;
(2) the public economic benefits and funds necessary for
initiating a private education loan program;
(3) upon determining limited access to loans by borrowers,
a plan of the Secretary to implement credit mechanisms under
the authority of this Act;
(4) a description of macroeconomic benefits of increased
efficiency and refinance activity in the student loan market;
and
(5) a description of the benefits through the use of such
authority to private education loan borrowers, including how
any incidental net gain from the credit mechanism would be used
to benefit student borrowers.
(d) Annual Reports.--Beginning 1 year after the date of the first
use of the authority provided under this section, the Secretary shall
provide an annual report to the Committee on Banking, Housing, and
Urban Affairs of the Senate and the Committee on Financial Services of
the House of Representatives describing the utilization, impact, and
financial performance of any program established under the authority of
this section.
(e) Public Awareness.--Not later than 60 days after the date of
publication of a notice in the Federal Register pursuant to subsection
(b), the Secretary, in consultation with the Secretary of Education and
the Director of the Bureau of Consumer Financial Protection, shall
begin a national awareness campaign to alert all private education loan
borrowers who may benefit from any program or facilities established
under this section. Such campaign shall include outreach to targeted
populations of borrowers that are most likely to have private education
loan debt service obligations that represent a disproportionate share
of their income.
(f) Expiration of Authority.--Three years after the date on which a
credit facility is established under this Act, and not later than 5
years after the date of enactment of this Act, any new lending,
purchase, or other activity initiated through the facilities
established by the Secretary under subsection (a) shall cease.
SEC. 5. SENSE OF CONGRESS.
It is the sense of Congress that the Federal financial
institutions, such as the Federal Financing Bank and the Federal
Reserve banks, and federally chartered private entities, such as the
Federal home loan banks, should consider, in consultation with the
Secretary, the Secretary of Education, and the Director of the Bureau
of Consumer Financial Protection, using available authorities in a
timely manner, if needed, to assist in ensuring that borrowers of
private education loans can secure credit accommodations to refinance
existing loans, in a manner that results in no increased costs to
taxpayers and will avoid extraordinary gains by market participants
holding loans in distress in order to avoid unnecessary loan
modifications. | Private Education Loan Modification Act of 2015 This bill temporarily authorizes the Department of the Treasury to establish credit facilities, at no net cost to the federal government, to refinance private student loans to ensure lower interest rates for borrowers. Treasury must first determine that existing borrowers are unable to secure adequate credit accommodations to refinance private student loans. The bill directs Treasury to conduct a national awareness campaign to alert private student loan borrowers who may benefit. It expresses the sense of the Congress that federal financial institutions and federally chartered private entities should assist borrowers in refinancing existing private student loans. | {"src": "billsum_train", "title": "Private Education Loan Modification Act of 2015"} | 1,822 | 130 | 0.529589 | 1.492955 | 0.671263 | 2.572727 | 15.854545 | 0.9 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Making College More Affordable
Act''.
SEC. 2. DIRECT FEDERAL UNDERGRADUATE LOANS AND REPAYMENT PLAN.
(a) Interest Rates.--Section 455(a) of the Higher Education Act of
1965 (20 U.S.C. 1087e(a)) is amended by adding at the end the
following:
``(4) Undergraduate loans on or after the date of enactment
of the making college more affordable act.--
``(A) In general.--Notwithstanding any other
provision of this Act, a new borrower on or after the
date of enactment of the Making College More Affordable
Act may only borrow a Federal Interest Free Education
Loan for the undergraduate course work being pursued by
such borrower.
``(B) Terms, conditions, and benefits.--A Federal
Interest Free Education Loan shall have the same terms
and conditions, and benefits to borrowers as Federal
Direct Stafford Loans with respect to undergraduate
borrowers, except that--
``(i) a Federal Interest Free Education
Loan shall have an applicable rate of interest
of 3.76 percent for the term of the loan;
``(ii) the aggregate maximum amount of
Federal Interest Free Education Loan that may
be awarded to a borrower shall be $90,000, for
not more than a 4-year academic period;
``(iii) interest on a Federal Interest Free
Education Loan shall only accrue during periods
when a borrower is not earning taxable income
due to professional negligence, professional
incompetence, or malicious action on the part
of the borrower;
``(iv) a borrower may consolidate any loan
under section 428B, or a Federal Direct PLUS
Loan, that is made, insured, or guaranteed on
behalf of such borrower with the Federal
Interest Free Education Loan of such borrower;
``(v) a Federal Interest Free Education
Loan may only be repaid under the income-
contingent repayment plan under subsection (r);
and
``(vi) the Secretary may determine other
terms and conditions, and benefits to borrowers
of a Federal Interest Free Education Loan.''.
(b) Income-Contingent Repayment Plan for Undergraduate Loans.--
Section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e) is
further amended by adding at the end the following:
``(r) Income-Contingent Repayment Plan for Undergraduate Loans.--
Notwithstanding any other provision of this Act, the Secretary shall
carry out a program under which--
``(1) a borrower of a Federal Interest Free Education
Loan--
``(A) shall have an aggregate monthly payment for
the outstanding balance of principal and interest due
on all such loans automatically withheld from the pre-
tax income of the borrower by the employer of the
borrower in a manner which--
``(i) prohibits employers from using any
information about an employee's outstanding
balance or principal and interest due on such
loans for any purpose of use as an advantage
against the employee;
``(ii) is determined by the Secretary, in
coordination with the heads of other
appropriate Federal agencies (including the
Secretary of the Treasury and the Commissioner
of the Social Security Administration); and
``(iii) is an amount equal to--
``(I) if the borrower's gross
income is less than 337 percent of the
poverty line applicable to the
borrower's family size as determined
under section 673(2) of the Community
Services Block Grant Act (42 U.S.C.
9902(2)), $0;
``(II) if the borrower's gross
income is equal to or greater than 337
percent, but not more than 841 percent
of such poverty line; 4 percent of the
borrower's gross income;
``(III) if the borrower's gross
income is equal to or greater than 842
percent, but not more than 925 percent
of such poverty line, 5 percent of the
borrower's gross income;
``(IV) if the borrower's gross
income is equal to or greater than 926
percent, but not more than 1,010
percent of such poverty line, 6 percent
of the borrower's gross income;
``(V) if the borrower's gross
income is equal to or greater than
1,011 percent, but not more than 1,094
percent of such poverty line, 7 percent
of the borrower's gross income;
``(VI) if the borrower's gross
income is equal to or greater than
1,095 percent, but not more than 1,178
percent of such poverty line, 8 percent
of the borrower's gross income;
``(VII) if the borrower's gross
income is equal to or greater than
1,179 percent, and 1,262 percent of
such poverty line, 9 percent of the
borrower's gross income; and
``(VIII) if the borrower's gross
income is equal to or greater than
1,263 percent of such poverty line, 10
percent of the borrower's gross income;
``(B) may elect to have any payments made under
subparagraph (A) that exceed the amount owed by the
borrower on such loans for a calendar year be refunded
to the borrower or applied to the amount owed by the
borrower on such loans for the succeeding calendar
year;
``(2) the Secretary will cancel any outstanding balance of
principal or interest due on all Federal Interest Free
Education Loans made to a borrower who has made 300 monthly
payments under this subsection; and
``(3) a borrower will be taxed on the amount cancelled
under paragraph (2), which taxes shall be applied to carry out
the Federal Direct Loan program under this part.''. | Making College More Affordable Act This bill amends the Higher Education Act of 1965 by creating federal interest-free education loans for undergraduate students. The loans must have the same terms and conditions and benefits to borrowers as federal direct Stafford Loans. Interest on these loans may only accrue during periods when a borrower is not earning taxable income due to professional negligence, professional incompetence, or malicious action on the part of the borrower. The Department of Education (ED) must carry out a repayment plan program for the interest-free loans under which loans payments are automatically withheld from the pre-tax income of the borrower. ED must cancel any outstanding balance of principal or interest due on those interest-free loans made to a borrower who has made 300 monthly payments. The borrower must be taxed on the amount canceled. Those taxes must be applied to carry out the federal direct loan program. | {"src": "billsum_train", "title": "Making College More Affordable Act"} | 1,278 | 191 | 0.603539 | 1.650392 | 0.933766 | 3.792899 | 6.952663 | 0.893491 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean and Green Renewable Energy Tax
Credit Act of 2007''.
SEC. 2. EXTENSION AND MODIFICATION OF INVESTMENT TAX CREDIT WITH
RESPECT TO SOLAR ENERGY PROPERTY AND QUALIFIED FUEL CELL
PROPERTY.
(a) Solar Energy Property.--Paragraphs (2)(A)(i)(II) and (3)(A)(ii)
of section 48(a) of the Internal Revenue Code of 1986 are each amended
by striking ``2009'' and inserting ``2031''.
(b) Eligible Fuel Cell Property.--Paragraph (1)(E) of section 48(c)
of such Code is amended by striking ``2008'' and inserting ``2030''.
(c) Modification of Energy Percentage.--
(1) In general.--Clause (i) of section 48(a)(2)(A) of such
Code is amended by striking ``30 percent'' and inserting ``the
applicable percentage''.
(2) Applicable percentage.--Paragraph (2) of section 48(a)
of such Code is amended by adding at the end the following new
subparagraph:
``(C) Applicable percentage.--For purposes of this
paragraph, the term `applicable percentage' means--
``(i) 30 percent in the case of any taxable
year beginning after December 31, 2006, and
before January 1, 2016,
``(ii) 25 percent in the case of any
taxable year beginning after December 31, 2015,
and before January 1, 2022, and
``(iii) 20 percent in the case of any
taxable year beginning after December 31,
2021.''.
(d) Energy Property To Include Excess Energy Storage Device.--
Clause (i) of section 48(a)(3)(A) of such Code is amended to read as
follows:
``(i) equipment which uses solar energy to
generate electricity, to heat or cool (or
provide hot water for use in) a structure, or
to provide solar process heat, or advanced
energy storage systems installed as an
integrated component of the foregoing,
excepting property used to generate energy for
purposes of heating a swimming pool,''.
(e) Solar Lighting Equipment To Include Solar Hybrid Lighting
Systems.--Clause (ii) of section 48(a)(3)(A) of such Code is amended to
read as follows:
``(ii) equipment which uses solar energy to
illuminate the inside of a structure using
fiber-optic distributed sunlight but only with
respect to periods ending before January 1,
2031,''.
(f) Modifications.--
(1) Solar photovoltaic energy property credit determined
solely by kilowatt capacity.--
(A) In general.--Subsection (a) of section 48 of
such Code is amended by redesignating paragraph (4) as
paragraph (5) and by inserting after paragraph (3) the
following new paragraph:
``(4) Special rule for energy credit for solar photovoltaic
energy property.--
``(A) In general.--For purposes of section 46, the
energy credit for any taxable year for solar
photovoltaic energy property described in paragraph
(3)(A)(i) which is used to generate electricity and
which is placed in service during the taxable year is
$1,500 with respect to each half kilowatt of capacity
of such property. Paragraph (2)(A)(ii) shall not apply
to property to which the preceding sentence applies.
``(B) Application of special rules for
rehabilitated or subsidized property.--Rules similar to
the rules of paragraphs (2)(B) and (5) shall apply to
property to which this paragraph applies.''.
(B) Conforming amendment.--Subclause (II) of
section 48(a)(2)(A)(i) of such Code is amended by
striking ``described in paragraph (3)(A)(i)'' and
inserting ``which is described in paragraph (3)(A)(i)
and to which paragraph (4) does not apply''.
(g) Credit Allowed Against the Alternative Minimum Tax.--Section
38(c)(4)(B) of such Code (defining specified credits) is amended by
striking the period at the end of clause (ii)(II) and inserting ``,
and'', and by adding at the end the following new clause:
``(iii) the portion of the investment
credit which is attributable to the energy
credit determined under section 48.''.
(h) Effective Dates.--The amendments made by this section shall
apply to property placed in service in taxable years beginning after
December 31, 2006.
SEC. 3. EXTENSION AND MODIFICATION OF CREDIT FOR RESIDENTIAL ENERGY
EFFICIENT PROPERTY.
(a) Extension.--Subsection (g) of section 25D of the Internal
Revenue Code of 1986 (relating to termination) is amended by striking
``2009'' and inserting ``2016''.
(b) Solar Electric Property.--Paragraph (1) of section 25D(a) of
such Code (relating to allowance of credit) is amended by striking ``30
percent of''.
(c) Modification of Maximum Credit.--Subparagraph (A) of section
25D(b)(1) of such Code is amended to read as follows:
``(A) $1,500 with respect to each half kilowatt of
installed capacity of property described in subsection
(d)(2) for which qualified solar electric property
expenditures are made,''.
(d) Definition of Qualified Solar Water Heating Property
Expenditure.--Paragraph (1) of section 25D(d) of such Code is amended
by striking ``to heat water for use in'' and inserting ``to heat or
cool (or provide hot water for use in)''.
(e) Definition of Qualified Photovoltaic Property Expenditure.--
Paragraph (2) of section 25D(d) of such Code is amended by inserting
``, including advanced energy storage systems installed as an
integrated component of the foregoing'' after ``taxpayer''.
(f) Credit Allowed Against Alternative Minimum Tax.--
(1) In general.--Section 25D(b) of such Code (as amended by
subsection (b)) is amended by adding at the end the following
new paragraph:
``(3) Credit allowed against alternative minimum tax.--The
credit allowed under subsection (a) for the taxable year shall
not exceed the excess of--
``(A) the sum of the regular tax liability (as
defined in section 26(b)) plus the tax imposed by
section 55, over
``(B) the sum of the credits allowable under
subpart A of part IV of subchapter A (other than this
section) and section 27 for the taxable year.''.
(2) Conforming amendments.--
(A) Subsection (c) of section 25D of such Code is
amended to read as follows:
``(c) Carryforward of Unused Credit.--If the credit allowable under
subsection (a) for any taxable year exceeds the limitation imposed by
subsection (b)(3) for such taxable year, such excess shall be carried
to the succeeding taxable year and added to the credit allowable under
subsection (a) for such succeeding taxable year.''.
(B) Section 23(b)(4)(B) of such Code is amended by
inserting ``and section 25D'' after ``this section''.
(C) Section 24(b)(3)(B) of such Code is amended by
striking ``sections 23 and 25B'' and inserting
``sections 23, 25B, and 25D''.
(D) Section 26(a)(1) of such Code is amended by
striking ``and 25B'' and inserting ``25B, and 25D''.
(g) Effective Date.--The amendments made by this section shall
apply to expenditures made in taxable years beginning after December
31, 2006.
SEC. 4. 3-YEAR ACCELERATED DEPRECIATION PERIOD FOR SOLAR ENERGY
PROPERTY AND FUEL CELL PROPERTY.
(a) In General.--Subparagraph (A) of section 168(e)(3) of the
Internal Revenue Code of 1986 is amended by striking ``and'' at the end
of clause (ii), by striking the period at the end of clause (iii) and
inserting a comma, and by inserting after clause (iii) the following
new clause:
``(iv) any property which is described in
clause (i) or (ii) of section 48(a)(3)(A) (or
would be so described if the last sentence of
such section did not apply to such clause), and
``(v) any property which is described in
clause (iv) of section 48(a)(3)(A).''.
(b) Conforming Amendment.--Section 168(e)(3)(B)(vi)(I) of such Code
is amended to read as follows:
``(I) would be described in
subparagraph (A) of section 48(a)(3) if
`wind energy' were substituted for
`solar energy' in clause (i) thereof
and the last sentence of such section
did not apply to such subparagraph,''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2006.
SEC. 5. 5-YEAR EXTENSION OF CREDIT FOR ELECTRICITY PRODUCED FROM
CERTAIN RENEWABLE RESOURCES.
Section 45(d) of the Internal Revenue Code of 1986 (relating to
qualified facilities) is amended by striking ``2009'' each place it
appears and inserting ``2014''.
SEC. 6. INVESTMENT CREDIT FOR SMALL WIND SYSTEMS.
(a) Energy Credit for Businesses.--
(1) In general.--Subparagraph (A) of section 48(a)(3) of
the Internal Revenue Code of 1986 (relating to energy property)
is amended by striking ``or'' at the end of clause (iii), by
inserting ``or'' at the end of clause (iv), and by adding at
the end the following new clause:
``(v) equipment which uses wind to generate
electricity if such equipment is rated at 100
kW or less,''.
(2) 30 percent credit.--Clause (i) of section 48(a)(2)(A)
of such Code is amended by striking ``and'' at the end of
subclause (II) and by inserting after subclause (III) the
following new subclause:
``(IV) energy property described in
paragraph (3)(A)(v), and''.
(b) Residential Energy Efficient Property Credit for Individuals.--
(1) In general.--Subsection (a) of section 25D of such Code
is amended by striking ``and'' at the end of paragraph (2), by
striking the period at the end of paragraph (3) and inserting
``, and'', and by adding at the end the following new
paragraph:
``(4) 30 percent of the qualified small wind system
expenditures made by the taxpayer during the taxable year.''.
(2) Maximum credit.--Paragraph (1) of section 25D(b) of
such Code is amended by striking ``and'' at the end of
paragraph (2), by striking the period at the end of paragraph
(3) and inserting ``, and'', and by adding at the end the
following new paragraph:
``(4) $1,500 with respect to each half kilowatt of
installed capacity of equipment described in subsection (d)(4)
for which qualified small wind system expenditures are made,''.
(3) Qualified small wind system expenditures.--Subsection
(d) of section 25D of such Code is amended by adding at the end
the following new paragraph:
``(4) Qualified small wind system expenditures.--The term
`qualified small wind system expenditures' means an expenditure
for equipment which uses wind to generate electricity for use
in a dwelling unit located in the United States and used as a
residence by the taxpayers if such equipment is rated at 100 kW
or less.''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2006.
SEC. 7. EXTENSION OF CREDIT FOR NONBUSINESS ENERGY PROPERTY.
Subsection (g) of section 25C of the Internal Revenue Code of 1986
is amended by striking ``December 31, 2007'' and inserting ``December
31, 2009''. | Clean and Green Renewable Energy Tax Credit Act of 2007 - Amends the Internal Revenue Code to: (1) extend through 2030 the tax credits for investment in solar energy and qualified fuel cell property; (2) modify the percentage rate for the energy tax credit; (3) extend through 2016 the tax credit for residential energy efficient property expenditures; (4) allow accelerated depreciation of solar energy and fuel cell property; (5) extend through 2013 the tax credit for electricity produced from certain renewable resources; (6) allow an energy tax credit and a residential energy efficient property tax credit for certain equipment which uses wind to generate energy; and (7) extend through 2009 the tax credit for nonbusiness energy property expenditures. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide and extend tax incentives for renewable energy and conservation."} | 2,893 | 142 | 0.536016 | 1.301597 | 0.652853 | 2.528571 | 17.228571 | 0.857143 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Jobs Amendments Act
of 2010''.
SEC. 2. SMALL BUSINESS LENDING FUND AMENDMENTS.
(a) In General.--Subtitle A of title IV of the Small Business Jobs
Act of 2010 is amended--
(1) in section 4102--
(A) in paragraph (8)--
(i) in subparagraph (A), by adding ``and''
at the end;
(ii) by striking subparagraph (B); and
(iii) by redesignating subparagraph (C) as
subparagraph (B).
(B) in paragraph (11)--
(i) in subparagraph (C), by striking
``and'' at the end;
(ii) in subparagraph (D), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following
new subparagraph:
``(D) any small business lending company that has
total assets of equal to or less than
$10,000,000,000.'';
(C) in paragraph (18)(A)--
(i) by inserting after ``such lending'' the
following: ``is made to a small business and'';
and
(ii) by adding at the end the following new
clause:
``(v) Nonowner-occupied commercial real
estate loans.''; and
(D) by adding at the end the following new
paragraphs:
``(20) Small business.--The term `small business' has the
meaning given the term `small business concern' under section 3
of the Small Business Act (15 U.S.C. 632).
``(21) Small business lending company.--The term `small
business lending company' has the meaning given such term under
section 3(r)(1) of the Small Business Act (15 U.S.C.
632(r)(1)).'';
(2) in section 4103--
(A) in subsection (b)--
(i) in paragraph (1), by striking the
period at the end and inserting the following:
``, and, notwithstanding other provisions of
Federal law, such debt instruments issued by an
eligible institution organized in mutual form
or that has made a valid election to be taxed
under subchapter S of chapter 1 of the Internal
Revenue Code of 1986 shall be included as a
component of tier 1 capital.''; and
(ii) in paragraph (4), by amending
subparagraph (B) to read as follows:
``(B) Eligible standards.--The Secretary, in
consultation with the Community Development Financial
Institutions Fund, shall develop eligibility criteria
to determine the financial ability of a CDLF to
participate in the Program and repay the investment.
Such criteria may include net asset ratio to total
assets, ratio of loan loss reserves to loans and leases
90 days or more delinquent (including loans sold with
full recourse), positive net income measured on a 3-
year rolling average, operating liquidity ratio, ratio
of loans and leases 90 days or more delinquent
(including loans sold with full recourse) to total
equity plus loan loss reserves, or any other measures
deemed appropriate. In addition, CDLFs participating in
the Program shall submit audited financial statements
to the Secretary, have a clean audit opinion, and have
at least three years of operating experience.'';
(B) in subsection (d)--
(i) in paragraph (1)(F), by striking ``5
percent'' and inserting ``10 percent'';
(ii) in paragraph (5), by adding at the end
the following new subparagraphs:
``(J) Incentives contingent on an increase in the
number of loans made.--For any quarter during the first
4\1/2\-year period following the date on which an
eligible institution receives a capital investment
under the Program, other than the first such quarter,
in which the institution's change in the amount of
small business lending relative to the baseline is
positive, if the number of loans made by the
institution does not increase by 2.5 percent for each
2.5 percent increase of small business lending, then
the rate at which dividends and interest shall be
payable during the following quarter on preferred stock
or other financial instruments issued to the Treasury
by the eligible institution shall be--
``(i) 5 percent, if such quarter is within
the 2-year period following the date on which
the eligible institution receives the capital
investment under the Program; or
``(ii) 7 percent, if such quarter is after
such 2-year period.
``(K) Alternative computation.--An eligible
institution may choose to compute their small business
lending amount by computing the amount of small
business lending, as if the definition of such term did
not require that the loans comprising such lending be
made to small business. Any eligible institution
choosing to compute their small business lending in
this manner shall certify that all lending included by
the institution for purposes of computing the increase
in lending under this paragraph was made to small
businesses.''; and
(iii) in paragraph (8)--
(I) by amending the heading to read
as follows: ``Outreach to minorities,
women, veterans, and indian tribes'';
(II) in subparagraph (B), by
striking ``and'' at the end;
(III) in subparagraph (C), by
striking the period at the end and
inserting ``; and''; and
(IV) by adding at the end the
following new subparagraph:
``(D) represent or work with or are members of
Indian Tribes.''; and
(C) by adding at the end the following new
subsection:
``(e) Notification to Customers.--Any eligible institution
receiving funds under the Program shall--
``(1) disclose on every applicable loan transaction that
the loan is being made possible by the Program; and
``(2) if such institution has an established internet
website, such institution shall make available on its internet
website--
``(A) the written reports made by the Secretary
pursuant to paragraphs (1) and (2) of section
4107(b)(3); and
``(B) a statement that the institution, as a
participant in the Program, is seeking to make small
business loans to qualified borrowers and may not
discriminate on the basis of any factor prohibited
under the Equal Credit Opportunity Act, including the
race, color, religion, national origin, sex, marital
status, or age.'';
(3) in section 4105--
(A) in paragraph (8), by striking ``and'' at the
end;
(B) in paragraph (9), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(10) increasing the availability of credit for small
businesses operating on Tribal trust lands or other Indian
areas.'';
(4) by redesignating section 4113 as section 4114; and
(5) by inserting after section 4112 the following new
section:
``SEC. 4113. TEMPORARY AMORTIZATION AUTHORITY.
``(a) Purpose.--The purpose of this section is to address the
ongoing effects of the financial crisis on small businesses by
providing temporary authority to amortize losses or write-downs in
order to increase the availability of credit for small businesses.
``(b) In General.--For purposes of capital calculation under the
Financial Institutions Examination Council's Consolidated Reports of
Condition, an eligible institution may choose to amortize any loss or
write-down, on a quarterly straight line basis over a period determined
under subsection (c), beginning with the month in which such loss or
write-down occurs, resulting from the application of FASB Statement 114
or 144 to--
``(1) other real estate owned (as defined under section
34.81 of title 12, Code of Federal Regulation), or
``(2) an impaired loan secured by real estate,
provided that the institution discloses the difference in the amount of
the institution's capital, when calculated taking into account the
temporary amortization, from the amount of the institution's capital
when calculated without taking into account the temporary amortization
on the Financial Institutions Examination Council's Consolidated
Reports of Condition.
``(c) Amortization Requirements.--During the initial 2-year period
referred to in section 4103(d)(5), an eligible institution's
amortization period shall be adjusted to reflect the following schedule
based on the institution's change in the amount of small business
lending relative to the baseline:
``(1) If the amount of small business lending has increased
by less than 2.5 percent, the amortization period shall be 6
years.
``(2) If the amount of small business lending has increased
by 2.5 percent or greater, but by less than 5.0 percent, the
amortization period shall be 7 years.
``(3) If the amount of small business lending has increased
by 5.0 percent or greater, but by less than 7.5 percent, the
amortization period shall be 8 years.
``(4) If the amount of small business lending has increased
by 7.5 percent or greater, but by less than 10.0 percent, the
amortization period shall be 9 years.
``(5) If the amount of small business lending has increased
by 10 percent or greater, the amortization period shall be 10
years.
``(d) Minimum Underwriting Standards.--The appropriate Federal
banking agency for an eligible institution that chooses to amortize any
loss or write-down as permitted under subsection (b) shall, within 60
days of the date of the enactment of this title, issue regulations
defining minimum underwriting standards that must be used for loans
made by the eligible institution.
``(e) Effective Date.--The provisions of this section shall apply
to loan origination that occurred on or after January 1, 2003, and
before January 1, 2008.''.
(b) Technical Amendment.--The table of contents for the Small
Business Jobs Act of 2010 is amended by striking the item related to
section 4113 and inserting the following new items:
``4113. Temporary amortization authority.
``4114. Sense of Congress.''.
SEC. 3. EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall take effect on
the later of the following:
(1) The date of the enactment of this Act.
(2) The date of the enactment of the Small Business Jobs
Act of 2010. | Small Business Jobs Amendments Act of 2010 - Amends the Small Business Jobs Act of 2010 with respect to the Small Business Lending Fund Program (Program) to: (1) remove the requirement that a community development loan fund (CDLF) be a tax-exempt entity; (2) include as an eligible institution under the Program any small business lending company that has total assets equal to or less than $10 billion; and (3) include as authorized small business lending nonowner-occupied commercial real estate loans. Directs the Secretary of the Treasury to develop eligibility criteria to determine the financial ability of a CDLF to participate in the Program.
Allows CDLFs to apply to receive from the Small Business Lending Fund up to 10% (current law allows up to 5%) of the total assets of the CDLF for investment in small businesses.
Provides: (1) dividend and interest incentives for participating loan institutions based on increases in small business lending; and (2) an authorized alternative computation of small business lending by such institutions. Requires eligible institutions to: (1) provide Program outreach to Indian tribes; and (2) include on its Internet website a statement that the institution is seeking to make small business loans and may not discriminate on the basis of race, color, religion, national origin, sex, marital status, or age. Requires the Secretary, in exercising loan authorities, to consider increasing the availability of credit for small businesses operating on tribal trust lands or other Indian areas.
Authorizes an eligible institution to temporarily amortize, for up to a 10-year period, any loan loss or write-down in order to increase the availability of credit for small businesses. | {"src": "billsum_train", "title": "To amend the Small Business Jobs Act of 2010 to enhance the provisions of the Small Business Lending Fund Program, to amend the Small Business Investment Act of 1958 to create a Small Business Early-Stage Investment Program, and to create the Small Business Borrower Assistance Program."} | 2,301 | 346 | 0.511409 | 1.549839 | 0.769626 | 3.53211 | 6.730887 | 0.902141 |
SECTION 1. SHORT TITLE AND REFERENCE.
(a) Short Title.--This Act may be cited as the ``Lobbying
Disclosure Technical Amendments Act of 1996''.
(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 Lobbying Disclosure Act of 1995.
SEC. 2. DEFINITION OF COVERED EXECUTIVE BRANCH OFFICIAL.
Section 3(3)(F) (2 U.S.C. 1602(3)(F)) is amended by striking
``7511(b)(2)'' and inserting ``7511(b)(2)(B)''.
SEC. 3. CLARIFICATION OF EXCEPTION TO LOBBYING CONTACT.
(a) Certain Communications.--Section 3(8)(B)(ix) (2 U.S.C.
1602(8)(B)(ix)) is amended by inserting before the semicolon the
following: ``, including any communication compelled by a Federal
contract, grant, loan, permit, or license''.
(b) Definition of ``Public Official''.--Section 3(15)(F) (2 U.S.C.
1602(15)(F)) is amended by inserting ``, or a group of governments
acting together as an international organization'' before the period.
SEC. 4. INTERESTS.
(a) Section 4.--Section 4(b)(4)(C) (2 U.S.C. 1603(b)(4)(C)) is
amended by striking ``direct interest'' and inserting ``significant
direct interest''.
(b) Section 5.--Section 5(b)(2)(D) (2 U.S.C. 1604(b)(2)(D)) is
amended by striking ``of the interest, if any,'' and inserting ``of any
significant direct interest''.
(c) Section 14.--Section 14 (2 U.S.C. 1609) is amended--
(1) in subsection (a)(2), by striking ``a direct interest''
and inserting ``a significant direct interest''; and
(2) in subsection (b)(2), by striking ``a direct interest''
and inserting ``a significant direct interest''.
SEC. 5. ESTIMATES BASED ON TAX REPORTING SYSTEM.
(a) Section 15(a).--Section 15(a) (2 U.S.C. 1610 (a)) is amended--
(1) by striking ``A registrant'' and inserting ``A person,
other than a lobbying firm,''; and
(2) by amending paragraph (2) to read as follows:
``(2) for all other purposes consider as lobbying contacts
and lobbying activities only--
``(A) lobbying contacts with covered legislative
branch officials (as defined in section 3(4)) and
lobbying activities in support of such contacts; and
``(B) lobbying of Federal executive branch
officials to the extent that such activities are
influencing legislation as defined in section 4911(d)
of the Internal Revenue Code of 1986.''.<plus-minus>
(b) Section 15(b).--Section 15(b) (2 U.S.C. 1610(b)) is amended--
(1) by striking ``A registrant that is subject to'' and
inserting ``A person, other than a lobbying firm, who is
required to account and does account for lobbying expenditures
pursuant to''; and
(2) by amending paragraph (2) to read as follows:
``(2) for all other purposes consider as lobbying contacts
and lobbying activities only--
``(A) lobbying contacts with covered legislative
branch officials (as defined in section 3(4)) and
lobbying activities in support of such contacts; and
``(B) lobbying of Federal executive branch
officials to the extent that amounts paid or costs
incurred in connection with such activities are not
deductible pursuant to section 162(e) of the Internal
Revenue Code of 1986.''.
(c) Section 5(c).--Section 5(c) (2 U.S.C. 1604(c)) is amended by
striking paragraph (3).
SEC. 6. DISCLOSURE OF INDIVIDUAL REGISTERED LOBBYISTS.
Section 5(b) (2 U.S.C. 1604(b))--
(1) in paragraph (2), by inserting ``and'' at the end of
subparagraph (B), by striking subparagraph (C), and by
redesignating subparagraph (D) as subparagraph (C), and
(2) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (4), and (5), respectively, and by adding after
paragraph (1) the following:
``(2) a list of employees of the registrant who acted as
lobbyists on behalf of the client during the semi-annual
reporting period;''.
SEC. 7. EXEMPTION BASED ON REGISTRATION UNDER LOBBYING ACT.
Section 3(h) of the Foreign Agents Registration Act of 1938 (22
U.S.C. 613(h)) is amended by striking ``is required to register and
does register'' and inserting ``has engaged in lobbying activities and
has registered''.
SEC. 8. FURNISHING INFORMATION.
(a) Information to Agency or Official of Government.--Section 4(e)
of the Foreign Agents Registration Act of 1938 (22 U.S.C. 614(e)) is
amended--
(1) by striking ``political propaganda'' and inserting
''informational materials''; and
(2) by striking ``the propaganda'' and inserting ``the
informational materials''.
(b) Reports.--Section 11 of the Foreign Agents Registration Act of
1938 (22 U.S.C. 621) is amended by striking ``political propaganda''
and inserting ``informational materials''.
Passed the House of Representatives July 29, 1996.
Attest:
ROBIN H. CARLE,
Clerk. | Lobbying Disclosure Technical Amendments Act of 1996 - Makes technical amendments to the Lobbying Disclosure Act of 1995. Amends the Foreign Agents Registration Act of 1938 to exempt from its requirements a foreign agent if the agent has engaged in lobbying activities and has registered under the Lobbying Disclosure Act of 1995. | {"src": "billsum_train", "title": "Lobbying Disclosure Technical Amendments Act of 1996"} | 1,439 | 72 | 0.455184 | 1.061371 | 0.298614 | 3.963636 | 20.109091 | 0.836364 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Zimbabwe Democracy Act of 2000''.
SEC. 2. FINDINGS AND POLICY.
(a) Findings.--Congress finds as follows:
(1) Deliberate and systematic violence, intimidation, and
killings have been orchestrated and supported by the Government
of Zimbabwe and the ruling ZANU-PF party against members,
sympathizers, and supporters of the democratic opposition,
farmers, and employees. The violence has resulted in death, a
breakdown in the rule of law, and further collapse of
Zimbabwe's economy.
(2) The lawlessness, harassment, violence, intimidation,
and killings directed at the opposition and their supporters,
farmers and farm employees continues at President Mugabe's
explicit and public urging despite two court rulings that the
occupations are illegal and must be ended.
(3) The breakdown in the rule of law has jeopardized
Zimbabwe's future, including international support for programs
which provide land ownership for the large number of poor and
landless Zimbabweans, other donor programs, economic stability,
and direct investment.
(4) The orchestrated violence and intimidation directed at
opposition supporters has created and fostered an environment
which seriously compromises the possibility of free and fair
elections.
(5) The crisis in Zimbabwe is further exacerbated by the
fact that Zimbabwe is spending millions of dollars each month
on its involvement in the civil war in the Democratic Republic
of Congo. Those resources could finance equitable and
transparent land reform, other programs to promote economic
growth and alleviate poverty, and programs to combat the spread
and effects of the world's highest HIV infection rate.
(b) Statement of Policy.--It is therefore the policy of the United
States to support the people of Zimbabwe in their struggles to effect
peaceful, democratic change, achieve broad-based and equitable economic
growth, and restore the rule of law.
SEC. 3. PROHIBITION ON PROVISION OF ASSISTANCE OR DEBT RELIEF.
(a) Prohibition on Assistance.--Except as provided in subsection
(b)--
(1) no United States assistance may be provided for the
Government of Zimbabwe;
(2) no indebtedness owed by the Government of Zimbabwe to
the United States Government may be canceled or reduced; and
(3) the Secretary of the Treasury shall instruct the United
States Executive Director to each international financial
institution to oppose and vote against--
(A) any extension by the respective institution of
any assistance of any kind to the Government of
Zimbabwe, except for assistance to meet basic human
needs and for good governance; and
(B) any cancellation or reduction of indebtedness
owed by the Government of Zimbabwe to that institution.
(b) Conditions for Restoration of Eligibility for Assistance and
Debt Relief.--The provisions of subsection (a) shall apply until the
President certifies to the appropriate congressional committees that--
(1) the rule of law has been restored in Zimbabwe,
including respect for ownership and title to property held
prior to January 1, 2000, freedom of speech and association,
and an end to the lawlessness, violence, and intimidation
sponsored, condoned, or tolerated by the Government of
Zimbabwe, the ruling party, and their supporters or entities;
(2) Zimbabwe has held parliamentary elections which are
widely accepted by the participating parties and the duly
elected are free to assume their offices;
(3)(A) Zimbabwe has held a presidential election which is
widely accepted by the participating parties and the president-
elect is free to assume the duties of the office; or
(B) the government has sufficiently improved the pre-
election environment to a degree consistent with accepted
international standards for security and freedom of movement
and association;
(4) the Government of Zimbabwe has demonstrated a
commitment to an equitable, legal, and transparent land reform
program which should--
(A) respect existing ownership of and title to
property by providing fair, market-based compensation
to sellers;
(B) benefit the truly needy and landless;
(C) be based on the principle of ownership and
title to all land, including communal areas;
(D) be managed and administered by an independent,
nongovernmental body; and
(E) be consistent with agreements reached at the
International Donors' Conference on Land Reform and
Resettlement in Zimbabwe held in Harare in September,
1998;
(5) the Government of Zimbabwe is making a good faith
effort to fulfill the terms of the Lusaka agreement on ending
the war in the Democratic Republic of Congo; and
(6) the Zimbabwean Armed Forces and the National Police of
Zimbabwe are responsible to and serve the elected civilian
government.
(c) United States Assistance Defined.--
(1) In general.--Except as provided in paragraph (2), in
this section, the term ``United States assistance'' means--
(A) any assistance under the Foreign Assistance Act
of 1961 (excluding programs under title IV of chapter 2
of part I, relating to the Overseas Private Investment
Corporation);
(B) sales, or financing on any terms, under the
Arms Export Control Act;
(C) the licensing of exports under section 38 of
the Arms Export Control Act; and
(D) the provision of agricultural commodities,
other than food, under the Agricultural Trade
Development and Assistance Act of 1954.
(2) Exceptions.--The term ``United States assistance'' does
not include--
(A) humanitarian assistance, including food,
medicine, medical supplies;
(B) health assistance, including health assistance
for the prevention, treatment, and control of HIV/AIDS
and other infectious diseases;
(C) support for democratic governance and the rule
of law;
(D) support for land reform programs consistent
with subsection (b)(4);
(E) support for conservation programs; and
(F) support for de-mining programs.
(d) Waiver.--The President may waive the provisions of subsection
(a) if he determines that it is in the national interest of the United
States to do so.
SEC. 4. SUPPORT FOR DEMOCRATIC INSTITUTIONS AND THE RULE OF LAW.
(a) Assistance for Legal Expenses.--As one component of a
comprehensive approach towards supporting democratic institutions and
the rule of law in Zimbabwe, the President is authorized to use funds
appropriated to carry out the provisions of part I and chapter 4 of
part II of the Foreign Assistance Act of 1961 to finance the legal and
related expenses of--
(1) individuals and democratic institutions challenging
restrictions to free speech and association in Zimbabwe,
including challenges to licensing fees, restrictions, and other
charges and penalties imposed on the media or on individuals
exercising their right of free speech and association;
(2) individuals and democratic institutions and
organizations challenging electoral outcomes or restrictions to
their pursuit of elective office or democratic reforms,
including fees or other costs imposed by the Government on
those individuals or institutions; and
(3) individuals who are the victims of torture or otherwise
victimized by political violence.
(b) Authority for Radio Broadcasting.--
(1) In general.--The Broadcasting Board of Governors shall
further the communication of information and ideas through the
increased use of radio broadcasting to Zimbabwe to ensure that
radio broadcasting to that country serves as a consistently
reliable and authoritative source of accurate, objective and
comprehensive news.
(2) Termination.--The authority of this subsection shall
terminate upon a certification by the President under section
3(b) that the conditions specified in that section have been
satisfied.
(c) Assistance for Democracy Training.--During fiscal year 2001,
the President is authorized to use not less than $6,000,000 of the
funds made available to carry out the provisions of part I and chapter
4 of part II of the Foreign Assistance Act of 1961 for democracy and
governance programs in Zimbabwe.
(d) Election Observers.--It is the sense of Congress that the
President should provide support, including through the National
Endowment for Democracy, for international election observers to the
Zimbabwean parliamentary elections in 2000 and the presidential
election scheduled for 2002, including assessments of the pre-electoral
environment in each case and the electoral laws of Zimbabwe.
SEC. 5. SUPPORT FOR DEMOCRATIC TRANSITION AND ECONOMIC RECOVERY.
Upon the certification made by the President under section 3(b)--
(1) up to $16,000,000 of funds appropriated to carry out
the provisions of chapter 4 of part II of the Foreign
Assistance Act of 1961, is authorized to be made available,
notwithstanding any other provision of law, for support for
alternative schemes under the Inception Phase of the Land
Reform and Resettlement Program, including costs related to
acquisition of land and resettlement, meeting the standards in
section 3(b)(4); and
(2) the Secretary of the Treasury shall--
(A) undertake a review of the feasibility of
restructuring, rescheduling, or eliminating the
sovereign debt of Zimbabwe held by any agency of the
United States Government;
(B) direct the United States Executive Director of
each international financial institution to which the
United States is a member to propose that such
institution undertake a review of the feasibility of
restructuring, rescheduling, or eliminating the
sovereign debt of Zimbabwe held by that institution;
and
(C) direct the United States Executive Director of
each international financial institution to which the
United States is a member to propose to undertake
financial and technical support for Zimbabwe,
especially that intended to promote Zimbabwe's economic
recovery and development, the stabilization of the
Zimbabwean dollar, and the viability of Zimbabwe's
democratic institutions; and
(3) there shall be established a Southern Africa Finance
Center located in Zimbabwe that will co-locate regional offices
of the Overseas Private Investment Corporation, the Export-
Import Bank of the United States, and the Trade and Development
Agency for the purpose of facilitating the development of
commercial projects in Zimbabwe and the southern Africa region.
Passed the Senate June 23, 2000.
Attest:
GARY SISCO,
Secretary. | (Sec. 3) Prohibits: (1) U.S. assistance for the Government of Zimbabwe; and (2) cancellation or reduction of any indebtedness owed by the Government of Zimbabwe to the U.S. Government.
Directs the Secretary of the Treasury to instruct the U.S. Executive Director of each international financial institution to oppose and vote against: (1) extension of any assistance to the Government of Zimbabwe, except to meet basic human needs and for good governance; and (2) any cancellation or reduction of indebtedness owed by the Government of Zimbabwe to the institution.
Prescribes conditions for restoration of Zimbabwe's eligibility for assistance and debt relief, including that: (1) the rule of law has been restored, including respect for ownership and title to property held before January 1, 2000, freedom of speech and association, and an end to the lawlessness, violence, and intimidation sponsored, condoned, or tolerated by the Government of Zimbabwe, the ruling party, and their supporters or entities; (2) Zimbabwe has held parliamentary and presidential elections widely accepted by the participating parties and the duly elected are free to assume their offices (or, before a presidential election, the government has sufficiently improved the pre-election environment to a degree consistent with accepted international standards for security and freedom of movement and association); (3) the Government of Zimbabwe has demonstrated a commitment to an equitable, legal, and transparent land reform program meeting specified criteria; (4) the Government of Zimbabwe is making a good faith effort toward an expeditious removal of its forces from the Democratic Republic of Congo, and ending all other support for any of the parties to the conflict in that country; and (5) the Zimbabwean Armed Forces and the National Police of Zimbabwe are responsible to and serve the elected civilian government.
(Sec. 4) Authorizes the President to use certain appropriations under the Foreign Assistance Act of 1961 to finance the legal and related expenses of: (1) individuals and democratic institutions challenging restrictions to free speech and association in Zimbabwe and electoral outcomes or restrictions to their pursuit of elective office or democratic reforms; and (2) victims of torture or political violence.
Directs the Broadcasting Board of Governors to further the communication of information and ideas through the increased use of radio broadcasting to Zimbabwe.
Authorizes the President, during FY 2001, to use certain funds for democracy and governance programs in Zimbabwe.
Expresses the sense of Congress that the President should provide support, including through the National Endowment for Democracy, for international election observers to the Zimbabwean parliamentary elections in 2000 and the presidential election scheduled for 2002, including assessments of the pre-electoral environment in each case and the electoral laws of Zimbabwe.
(Sec. 5) Authorizes certain funds for support for alternative schemes under the Inception Phase of the Land Reform and Resettlement Program.
Directs the Secretary of the Treasury to review the feasibility of restructuring, rescheduling, or eliminating the sovereign debt of Zimbabwe held by any Federal agency. Requires the Secretary to direct the U.S. Executive Director of each international financial institution to which the United States belongs to propose that such institution: (1) review the feasibility of restructuring, rescheduling, or eliminating the sovereign debt of Zimbabwe it holds; and (2) undertake financial and technical support for Zimbabwe, especially for its economic recovery and development.
Establishes a Southern Africa Finance Center in Zimbabwe that will co-locate regional offices of the Overseas Private Investment Corporation, the Export-Import Bank of the United States, and the Trade and Development Agency in order to facilitate development of commercial projects in Zimbabwe and the southern Africa region. | {"src": "billsum_train", "title": "Zimbabwe Democracy Act of 2000"} | 2,109 | 769 | 0.665183 | 2.409618 | 0.777056 | 5.710602 | 2.91404 | 0.951289 |
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